RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of June 18, 2008 No. 171

About approval of Rules of reservation of means on the deposits attracted by authorized bank and the loans (loans) in foreign currency from nonresidents

According to article 99 of the Constitution of Ukraine, Articles 7, of 30, 44 Laws of Ukraine "About the National Bank of Ukraine", article 11 of the Decree of the Cabinet of Ministers of Ukraine of 19.02.93 No. 15-93 "About system of currency control and currency exchange control", for the purpose of ensuring stability of monetary unit of Ukraine the Board of the National Bank of Ukraine DECIDES:

1. Approve Rules of reservation of means on the deposits attracted by authorized bank and to the loans (loans) in foreign currency from nonresidents (are applied).

2. Ceased to be valid according to the Resolution of Board of the National Bank of Ukraine of 17.08.2012 No. 346 

3. (V. D. Shchutsky) to provide to operation management of the National Bank of Ukraine accounting of means which are reserved, by authorized banks.

4. (O. I. Kireev) and to territorial administrations of the National Bank of Ukraine to provide to directorate on bank regulation and supervision control of observance of the amount of reservation of means by banks on the deposits attracted by authorized bank and the loans (loans) in foreign currency from nonresidents.

5. To department of currency control (O. A. Scherbakov) after state registration in the Ministry of Justice of Ukraine to bring contents of this resolution to permission of territorial administrations of the National Bank of Ukraine and banks of Ukraine for management and use in work.

6. To department in the public market (M. O. Melnichuk) within five working days after state registration in the Ministry of Justice of Ukraine of this resolution to determine the list of correspondent accounts of the National Bank of Ukraine for transfer of means in foreign currency which are reserved by management of currency reserve and implementation of transactions and to bring to permission of banks of Ukraine.

7. To impose control of execution of this resolution on the First Deputy Chairman of the National Bank of Ukraine A. V. Shapovalov, Directorate on bank regulation and supervision (O. I. Kireev), Operation management of the National Bank of Ukraine (V. D. Shchutsky) and chiefs of territorial administrations of the National Bank of Ukraine.

8. The resolution becomes effective from 01.08.2008.

Approved by the Resolution of Board of the National Bank of Ukraine of June 18, 2008 No. 171

Rules of reservation of means on the deposits attracted by authorized bank and the loans (loans) in foreign currency from nonresidents

These Rules establish procedure for reservation of means under the agreement according to which the authorized bank attracts the deposit, the loan (loan) in foreign currency from the nonresident for the term which actually equals or less, than 183 calendar days (further - the agreement).

Action of these Rules does not extend to the agreement under which funds are raised:

for the term of no more than one working day;

under the state guarantees;

from international financial institutions which member is Ukraine.

1. The authorized bank (further - bank) shall reserve means under the agreement in the National Bank of Ukraine (daleenatsionalny bank) according to the procedure established by these Rules.

The bank also shall reserve means:

in case of prolongation or delay of accomplishment of obligations under the relevant contract with the initial term of attraction which does not exceed one working day;

if the delay of receipt of means on the credit (loan) leads to reducing term of attraction to the term which equals or less than 183 calendar days, with the initial term of attraction exceeding 183 calendar days;

on separate tranche (part) of credit line, attracted for the term which equals or less than 183 calendar days;

the actual term of use of which equaled or was less, than 183 calendar days, irrespective of the initial term of attraction of financial resources under the agreement. For such agreements the next working day behind date of the actual accomplishment by bank of the obligation under this agreement is the next working day from the date of attraction for the purpose of application of Items 7, of 8 data of Rules.

3. The bank shall reserve funds on each transaction performed by bank during action of these rules for the complete term (the number of days) of attraction by bank of the deposit, the credit (loan) in foreign currency from the nonresident (further - the reservation period).

The bank during the period of reservation shall store means which are reserved, on correspondent account of National Bank.

The National Bank returns these means to banks after the end of the period of reservation.

The term of attraction by bank of the deposit, the credit (loan) in foreign currency from the nonresident begins with the date of receipt of means on the deposit, the credit (loan) (further - date of attraction).

The last day of term of attraction of the deposit, the credit (loan) in foreign currency from the nonresident is date of the actual accomplishment by bank of the obligation under the relevant agreement.

The bank shall review the reservation period in case of change of term of attraction by bank of the deposit, the credit (loan) in foreign currency from nonresidents as a result of prolongation or delay of accomplishment of obligations under the relevant agreement.

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