Unofficial translation (c) Soyuzpravoinform LLC

RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of March 16, 2023 No. 26

About disclosure of information on communications of clients with the state performing the armed aggression against Ukraine

According to Articles 7, of 15, 56 Laws of Ukraine "About the National Bank of Ukraine", article 66 of the Law of Ukraine "About banks and banking activity", and also in view of Articles 1, 3 and 5 Laws of Ukraine "About sanctions", for the purpose of immediate and effective response to the available and potential hazards to national interests and homeland security of Ukraine the board of the National Bank of Ukraine decides:

1. To provide to banks of Ukraine and branches of foreign banks in Ukraine (further - bank) during the activities identification and documentation of information on communications of clients and their partners with the state performing the armed aggression against Ukraine and citizens/residents of such state in amount according to appendix to this resolution for the purpose of identification of clients:

1) who are citizens of the state performing the armed aggression against Ukraine (except citizens of such state to whom the participant status of fighting after April 14, 2014 is provided), and/or faces, the place of permanent residence (stay, registration) which is the state performing the armed aggression against Ukraine;

2) who are legal entities who are created and registered according to the legislation of the state performing the armed aggression against Ukraine;

3) participant (shareholder) of which is the state performing the armed aggression against Ukraine;

4) final beneficial owner of which is the citizen of the state performing the armed aggression against Ukraine (except citizens of such state to whom the participant status of fighting after April 14, 2014 is provided), and/or the face, the place of permanent residence (stay, registration) which is the state performing the armed aggression against Ukraine;

5) participant (shareholder) of which is the citizen of the state performing the armed aggression against Ukraine (except citizens of such state to whom the participant status of fighting after April 14, 2014 is provided), and/or the face, the place of permanent residence (stay, registration) which is the state performing the armed aggression against Ukraine and/or the legal entity created and registered according to the legislation of the state performing the armed aggression against Ukraine;

6) who are members (shareholders) of the legal entity created and registered according to the legislation of the state performing the armed aggression against Ukraine;

7) who are members (shareholders) of legal entities together with the citizen of the state performing the armed aggression against Ukraine (except citizens of such state to whom the participant status of fighting after April 14, 2014 is provided), and/or face, the place of permanent residence (stay, registration) which is the state performing the armed aggression against Ukraine and/or the legal entity created and registered according to the legislation of the state performing the armed aggression against Ukraine;

8) who are legal entities, in management structure and/or the head of which the citizen of the state performing the armed aggression against Ukraine is (except citizens of such state to whom the participant status of fighting after April 14, 2014 is provided), and/or the face, the place of permanent residence (stay, registration) which is the state performing the armed aggression against Ukraine;

9) which do the business with the citizen of the state performing the armed aggression against Ukraine (except citizens of such state to whom the participant status of fighting after April 14, 2014 is provided), and/or face, the place of permanent residence (stay, registration) which is the state performing the armed aggression against Ukraine;

10) which do the business with the legal entity created and registered according to the legislation of the state performing the armed aggression against Ukraine;

11) which do the business with the legal entity the participant (shareholder) having share in the authorized capital of 10 and more percent which the state performing the armed aggression against Ukraine and/or the citizen of the state performing the armed aggression against Ukraine is (except citizens of such state to whom the participant status of fighting after April 14, 2014 is provided), and/or the face, the place of permanent residence (stay, registration) which is the state performing the armed aggression against Ukraine and/or the legal entity created and registered according to the legislation of the state that performs the armed aggression against Ukraine;

12) who are the legal entities having subsidiary companies, branches, representations and/or other separate divisions in the territory of the state performing the armed aggression against Ukraine;

13) owning securities (except shares) the legal entities created and registered according to the legislation of the state performing the armed aggression against Ukraine and/or the most such state;

Concerning 14) when implementing monitoring of financial transactions using which risk - the oriented approach by results of check of source of means it is determined that the source of the means connected with financial transaction of such client comes from the state performing the armed aggression against Ukraine;

15) performing directly and/or indirectly transfer (obtaining) of assets in (from) Ukraine, using depository institutions, banks, other financial institutions and non-bank payment service providers, residence and/or registration of which is the state performing the armed aggression against Ukraine.

Under the state performing the armed aggression against Ukraine for the purposes of this resolution it is necessary to consider the Russian Federation.

Under business relations for the purposes of this resolution it is necessary to consider the relations between the client and his partner connected with business, professional or business activity of the client, which arose based on the agreement, including public, and providing existence duration after their establishment.

Under the client for the purposes of this resolution it is necessary to consider the physical person, physical person entrepreneur and the legal entity having the client account in bank (except for correspondent account of the ENT specialist and the settlement account) and/or with which the bank signed the agreement of the individual bank safe.

Under share in structure of property for the purposes of this resolution it is necessary to consider share of 10 percent and more.

2. Banks shall provide timely and in full at the request of the National Bank of Ukraine in certain format, structure and type reliable information, materials, documents (their copies and/or endurance from them) about communications of the clients and their partners specified in Item 1 of this resolution.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info