RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of December 22, 2011 No. 469

About approval of the Regulations on movement of securities through customs border of Ukraine

1. Approve Regulations on movement of securities through customs border of Ukraine which are applied.

2. To general department of monetary policy (Scherbakova O. A.) 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 use in work.

3. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine Sorkin I. V.

4. The resolution becomes effective in 45 days after state registration in the Ministry of Justice of Ukraine.

Approved by the Resolution of Board of the National Bank of Ukraine of December 22, 2011 No. 469

Regulations on movement of securities through customs border of Ukraine

1. General provisions

1.1. This Provision is developed according to Articles 5, of 11, 13 Decrees of the Cabinet of Ministers of Ukraine of 19.02.93 No. 15-93 "About system of currency control and currency exchange control", Item 14 of Article 7, article 44 of the Law of Ukraine "About the National Bank of Ukraine", Article 197 of the Customs code of Ukraine and establishes procedure for movement (import, export, transfer) by residents and nonresidents of securities in documentary form (further - securities) through customs border of Ukraine, and also procedure for issue by the National Bank of Ukraine (further - National Bank) individual licenses on export (transfer) out of limits of Ukraine and on import (transfer) to Ukraine of securities (the license is farther).

1.2. Terms which are used in this Provision are used in the values given in 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" and the Law of Ukraine "About securities and the stock market".

1.3. The legal entity is allowed to move securities through customs border of Ukraine according to the procedure, provided by this Provision, by proxy this face of the representative.

2. Procedure for movement of securities

2.1. Physical and legal persons have the right to export (to send) out of limits of Ukraine securities on the terms of written declaring and in the presence of the individual license of National Bank on export (transfer) out of limits of Ukraine of securities.

Do not require receipt of this license of transaction on export (transfer) out of limits of Ukraine by physical person of the securities expressed in foreign currency which were imported by this person into Ukraine earlier that is confirmed by the customs declaration.

2.2. Physical and legal persons have the right to import (to send) to Ukraine the securities expressed in foreign currency on the terms of written declaring, and the securities expressed in hryvnias on the terms of written declaring and in the presence of the individual license of National Bank on import (transfer) to Ukraine of securities.

Do not require receipt of this license of transaction on import (transfer) to Ukraine physical and legal persons of the securities expressed in hryvnias which were exported earlier (are sent) by this person out of limits of Ukraine that is confirmed by the customs declaration.

2.3.  No. 146 is excluded according to the Resolution of Board of the National Bank of Ukraine of 24.04.2013

3. Licensing procedure

3.1. The applicant (the resident or the nonresident) for receipt of the license shall file such documents to National Bank:

the statement for licensing according to appendix 1 or 2 to this Provision (depending on transaction type);

notarially attested copies of documents on state registration (excerpt from the trade, bank, judicial register and so forth) - for nonresidents - legal entities;

copies of the pages of the passport (or the document, which it replaces) containing surname, name, middle name (if is), birth date, series and number, date of issue and the name of the body which issued the document, the place of residence - for physical persons (residents and nonresidents);

copies of securities which are planned for movement through customs border of Ukraine;

originals or notarially certified copies of documents which confirm acquisition/alienation by the applicant of the property rights to securities and/or according to which securities were placed/are issued (copies of agreements of purchase - security sale, exchange, the external economic agreements which provide carrying out calculations using bills of exchange, documents which confirm receipt of securities in inheritance, and so forth).

3.2. The National Bank makes the decision on licensing or on refusal in its issue not later than 20 working days from receipt date of complete document package determined by this Chapter.

3.3. The National Bank has the right to request and receive from the applicant the additional documents or their copies necessary for clarification of circumstances concerning transactions on movement of securities through customs border of Ukraine.

In this case the current of term of consideration by National Bank of documents of the applicant established in Item 3.2 of this Chapter stops and proceeds from registration date in National Bank of the last additional document which arrived from the applicant (with the corresponding increase in term of consideration by National Bank of documents of the applicant at 10 additional working days).

3.4. Copies of documents which are filed for receipt of the license shall be certified by the signature of the applicant (for legal resident persons - the signature of the head or deputy manager) if another is not provided by requirements of this Provision.

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