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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of March 31, 2023 No. 43

About approval of the Regulations on procedure for issue of licenses for implementation of currency transactions

According to Articles 7, of 15, of 44, 56 Laws of Ukraine "About the National Bank of Ukraine", Articles 5, of 6, 9 Laws of Ukraine "About currency and currency transactions", Articles 4, 28 Laws of Ukraine "About financial services and state regulation of the markets of financial services", Articles 77, 78 Laws of Ukraine "About payment services", for the purpose of enhancement of regulatory legal acts of the National Bank of Ukraine the board of the National Bank of Ukraine decides:

1. Approve Regulations on procedure for issue of licenses for implementation of currency transactions (further - the enclosed Provision).

2. The National Bank of Ukraine (further - National Bank) considers the document packages given before entry into force of this resolution, according to requirements and according to the procedure, determined by the legislation of Ukraine existing before entry into force of this resolution except the document packages specified in Item 3 of this resolution.

3. The document packages for receipt of the license for implementation of currency transactions on money transfer given to National Bank before entry into force of this resolution according to Regulations on procedure for issue to non-bank financial institutions, operators of mail service of licenses for implementation of currency transactions approved by the resolution of Board of the National Bank of Ukraine of August 09, 2002 No. 297, registered in the Ministry of Justice of Ukraine on August 29, 2002 at No. 712/7000 (in edition of the resolution of Board of the National Bank of Ukraine of December 21, 2017 137) and on which the National Bank did not make the decision, reckon as No. left without consideration (with changes).

The National Bank within five working days from the date of entry into force of this resolution sends to such non-bank financial institutions, operators of mail service (further - non-bank organization) the notification on leaving of document packages without consideration and returns the document packages provided in paper form, by mail with the assurance of receipt.

4. The National Bank within three months from the date of entry into force of this resolution enters in the electronic register of licenses for implementation of currency transactions and faces which grants licenses for implementation of currency transactions which is conducted by National Bank (further - the electronic register), record about revocation of license on implementation of currency transactions / the general license for implementation of currency transactions of non-bank financial institutions, operators of mail service who have no license (right) to provision of the corresponding financial services in national currency.

5. National Bank if the license grants the right to non-bank organization on provision of other currency transactions concerning which the non-bank organization has license for provision of financial services in national currency:

1) is entered in the electronic register by record:

about revocation of license on implementation of currency transactions / the general license for implementation of currency transactions;

about issue of the new license in connection with change of the list of transactions;

2) within five working days sends to non-bank organization the statement from the electronic register.

6. The licenses for implementation of currency transactions granted to non-bank organizations on money transfer are effective and are effective before loss of action/response (cancellation) of licenses of non-bank organizations for money transfer in national currency without opening of accounts.

The National Bank within five working days from the date of withdrawal (cancellation)/loss owing to the license of non-bank organization for money transfer in national currency without opening of accounts enters record in the electronic register about withdrawal (cancellation) of the license for implementation of currency transactions granted to non-bank organization on money transfer and reports about it to non-bank organization.

7. National Bank:

1) is provided by entering into the electronic register of record about licensing for implementation of currency transactions that grants the right to perform currency transactions which are financial payment services on money transfer without opening of the account, to non-bank organization which on the date of entry into force of this resolution had the license for implementation of currency transactions for money transfer and which within nine months from the date of enforcement of the Law of Ukraine "About payment services" addressed to National Bank behind receipt of the license for provision of financial payment services that provides financial payment service on money transfer without opening of the account, also underwent the procedure of authorization of activities for provision of such financial payment service according to requirements of the Law of Ukraine "About payment services" within five working days from the date of issue to non-bank organization of the license for provision of financial payment services;

2) sends to non-bank organization the statement from the electronic register about licensing for implementation of currency transactions granting the right to perform the currency transactions which are financial payment services on money transfer without opening of accounts based on the subitem 1 of Item 7 of this resolution within three working days from the date of entering of record about licensing into the electronic register.

8. Public joint stock company "National depositary of Ukraine" performs currency transactions which are provision of services on ensuring payment under transactions concerning securities, with observance of requirements of article 5 of the Law of Ukraine "About currency and currency transactions" without license.

9. Recognize invalid regulatory legal acts of National Bank according to the enclosed list.

10. The resolution becomes effective from the date of, its official publication following behind day.

Approved by the Resolution of Board of the National Bank of Ukraine of March 31, 2023 No. 43

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