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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of November 19, 2024 No. 137

About approval of the Regulations on procedure for write-off of means by the payment service provider according to the judgment on application of the sanction

According to Articles 7, of 15, 56 Laws of Ukraine "About the National Bank of Ukraine", article 5-1 of the Law of Ukraine "About sanctions", the Law of Ukraine of February 24, 2022 No. 2102-IX "About approval of the Presidential decree of Ukraine "About introduction of warlike situation in Ukraine"", the Presidential decree of Ukraine of February 24, 2022 "About introduction of warlike situation in Ukraine", for the purpose of determination of actions of the payment service provider for servicing of accounts regarding write-off of means of person to which the sanction is applied of stipulated in Item 1-1 part one of article 4 of the Law of Ukraine "About sanctions", the Board of the National Bank of Ukraine decides No. 64/2022:

1. Approve Regulations on procedure for write-off of means as the payment service provider according to the judgment on application of the enclosed sanction.

2. To department of payment systems and innovative development (Andrey Podderegin) after official publication to inform payment service providers on servicing of accounts information on adoption of this resolution.

3. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine Alexey Shaban.

4. The resolution becomes effective from the date of, its official publication following behind day, and is effective during action of legal regime of warlike situation or after its termination or cancellation according to requirements of article 5-1 of the Law of Ukraine "About sanctions".

Approved by the Resolution of Board of the National Bank of Ukraine of November 19, 2024 No. 137

Regulations on procedure for write-off of means by the payment service provider according to the judgment on application of the sanction

1. This Provision is developed according to the laws of Ukraine "About the National Bank of Ukraine", "About payment services", "About sanctions", procedure for asset management concerning which the judgment on application of the sanction, stipulated in Item 1-1 part one of article 4 of the Law of Ukraine "On sanctions", the Cabinet of Ministers of Ukraine approved by the resolution of November 21, 2023 No. 1233 (with changes), and other legislation of Ukraine is made.

2. The terms used in this Provision are applied in the values determined by the legislation of Ukraine.

3. This Provision determines operations procedure of the payment service provider by servicing of the account (further - the payment service provider) regarding write-off of means of person to which the sanction, stipulated in Item 1-1 parts one of article 4 of the Law of Ukraine "About sanctions" is applied.

4. The payment service provider carries out write-off of funds from the account determined in the judgment on application of the sanction, stipulated in Item 1-1 part one of article 4 of the Law of Ukraine "About sanctions" (further - the judgment), based on the payment instruction which is drawn up by Fund of state-owned property of Ukraine (further - Fund of state-owned property).

5. The payment instruction which is drawn up by Fund of state-owned property moves to the payment service provider in paper form and shall contain the following obligatory details:

1) date of creation and number;

2) name/surname, own name, middle name (in the presence), the payer's code (to which persons the sanction, stipulated in Item 1-1 parts one of article 4 of the Law of Ukraine "About sanctions" is applied);

3) the account number determined in the judgment;

4) name of the payment service provider of the payer;

5) the amount in figures and words (for foreign currency the name of foreign currency, and for bank metals mass in troy ounces in figures and words, and also type of bank metal in addition is specified);

6) purpose of payment;

7) authorized signature of Fund of state-owned property;

8) seal of Fund of state-owned property;

9) name of a consignee;

10) code of the receiver and number of its account;

11) the name of the payment service provider serving the account of the receiver.

The fund of state-owned property in the detail "Purpose of payment" of the payment instruction celebrates date and number of the judgment.

6. The fund of state-owned property shall provide the document according to which the payment service provider will have opportunity to check powers of the authorized person of Fund of state-owned property for signing of the payment instruction.

7. The payment service provider accepts to accomplishment the payment instruction which the Fund of state-owned property delivers independently or which arrived with the registered mail which sender is the Fund of state-owned property.

The payment service provider establishes powers of the person of Fund of state-owned property which independently delivered the payment instruction of Fund of state-owned property, according to the procedure, determined by internal documents of the payment service provider.

8. The payment service provider checks:

1) filling of the details of the payment instruction determined in subitems 2-5 of Item 5 of this provision on compliance to requirements of appendix to the Instruction about clearing settlements in the national currency of users of payment services approved by the resolution of Board of the National Bank of Ukraine of July 29, 2022 No. 163 (with changes) (further - the Instruction No. 163);

2) powers of the authorized person of Fund of state-owned property on signing of the payment instruction.

The payment service provider refuses to Fund of state-owned property the accomplishment of the payment instruction according to the procedure established in Items 12, of the 27th Section I of the Instruction No. 163, if details of the payment instruction are filled with violation of requirements of Item 5 of this provision and appendix to the Instruction No. 163.

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