RESOLUTION BOARD OF THE NATIONAL BANK OF UKRAINE

of June 15, 2012 No. 246

About modification of some regulatory legal acts of the National Bank of Ukraine

According to Articles 7, of 30, 44 Laws of Ukraine "About the National Bank of Ukraine", Articles 2, of 11, 12 and 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", the Presidential decree of Ukraine of 27.06.99 No. 734 "About settlement of procedure for receipt by residents of the credits, foreign currency loans from nonresidents and application of penalties for violation of the foreign exchange legislation", and also 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 Changes to the Regulations on procedure for receipt by residents of the credits, foreign currency loans from nonresidents and provision by residents of foreign currency loans to nonresidents approved by the resolution of Board of the National Bank of Ukraine of 17.06.2004 No. 270, registered in the Ministry of Justice of Ukraine 15.07.2004 for No. 885/9484 (with changes) which are applied.

2. In paragraph nine of Item 1.5 of Chapter 1 of the Regulations on procedure for issue of individual licenses on transfer of foreign currency out of limits of Ukraine for payment of bank metals and the carrying out separate currency transactions approved by the resolution of Board of the National Bank of Ukraine of 17.06.2004 No. 266, registered in the Ministry of Justice of Ukraine 16.07.2004 for No. 897/9496 (with changes)," (the agreement of the order)" shall be replaced with words words "(the agreement of the loan)".

3. Determine that registration certificates, individual licenses of the National Bank of Ukraine on receipt of the credit by the resident, the foreign currency loans from the foreign creditor allowed resident borrowers before the date of entry into force of this resolution remain acting.

4. To general department of information technologies and payment systems (Sinyavskaya N. B.):

within 10 days after state registration of this resolution in the Ministry of Justice of Ukraine to provide to banks of Ukraine in case of requirement the specification on completion of internal systems of automation for realization of interaction with the software concerning implementation of registration by the National Bank of Ukraine of contracts of resident borrowers with nonresident creditors;

within three months after state registration of this resolution in the Ministry of Justice of Ukraine to make corresponding changes to the software concerning implementation of registration by the National Bank of Ukraine of contracts of resident borrowers with nonresident creditors with use of means of information protection of the National Bank of Ukraine and by results of this work within a month to perform testing of the modifed software with banks of Ukraine and territorial administrations of the National Bank of Ukraine.

5. 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, and to banks of Ukraine – to permission of their clients.

6. To assign the organization of accomplishment of this resolution to General department of monetary policy (Scherbakova O. A.).

7. The resolution becomes effective from the date of its official publication, except Item 1 of this resolution which becomes effective in 4 months after state registration in the Ministry of Justice of Ukraine.

Approved the Resolution of Board of the National Bank of Ukraine of June 15, 2012 No. 246

Changes to Regulations on procedure for receipt by residents of the credits, foreign currency loans from nonresidents and provision by residents of foreign currency loans to nonresidents

1. In the paragraph the second to exclude preambles of the word "and issues to residents of registration certificates on implementation of currency transactions under such agreements".

2. In the Section I:

2.1. In Chapter 1:

in Item 1.1 of the word "-citizens of Ukraine" to exclude;

the first offer of Item 1.2 to replace with three new offers of such content: "The resident borrower (except authorized bank of Ukraine) attracts the loan from the nonresident through the authorized bank which provided consent to servicing of transactions under the agreement. The separate division of bank (branch, department) can carry out the functions of the servicing bank under the agreement (further - the servicing bank) determined by this Section as authorized bank, and from his name. Servicing of transactions on opened in Ukraine by resident borrowers accounts within one agreement it shall be carried out only through one servicing bank";

in Item 1.5:

in the first offer of the word "the original of the registration certificate and" to exclude;

in the second offer of the word" (except the registration certificate)" to exclude;

add Item with the new paragraph of such content:

"If by the contract with the nonresident it is provided to resident of the credit by payment by the foreign creditor of means according to obligations of the resident borrower according to the external economic agreement without transfer of these funds for the account of resident in authorized bank, then money transfer to the nonresident for the purpose of debt repayment (the main amount of debt, percent when using of the credit, the commissions, penalty, other payments established by the agreement) on such credit is performed on condition of obtaining by bank from foreign creditor bank of the corresponding SWIFT or the telex message or provision by the resident borrower to the servicing bank of the documents confirming payment by the foreign creditor of borrowing facilities to the export nonresident under the external economic agreement (the originals or copies of payment documents certified by foreign bank / foreign financial institution). The specified supporting documents shall contain agreement details, date and the amount of the borrowing facilities listed to the export nonresident. Date of provision of borrowing facilities during implementation of payment by the nonresident creditor according to obligations under the external economic agreement of the resident borrower outside Ukraine should be considered date of write-off of funds from the account of the nonresident creditor for the benefit of the export nonresident";

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