RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of March 11, 2013 No. 82

About approval of the Procedure for reservation of means on the created reserves on credit operations in foreign currency with borrowers who have no documentary confirmed expected receipts of currency earnings

According to Articles 7, 15, 55 and 59 Laws of Ukraine "About the National Bank of Ukraine", Articles 36, 66 and 67 Laws of Ukraine "About banks and banking activity", for the purpose of accomplishment of Item 8 of the resolution of Board of the National Bank of Ukraine of November 30, 2012 No. 499 "About introduction of amendments to the resolution of Board of the National Bank of Ukraine of January 25, 2012 No. 23", registered in the Ministry of Justice of Ukraine on December 20, 2012 for the No. 2122/22434, Board of the National Bank of Ukraine DECIDES:

1. Approve the Procedure for reservation of means on the created reserves on credit operations in foreign currency with borrowers who have no documentary confirmed expected receipts of currency earnings which is applied.

2. Banks which have the opened separate accounts in the National Bank of Ukraine for reservation of means according to requirements of item 4 of the resolution of Board of the National Bank of Ukraine of December 1, 2008 No. 406 "About approval of Changes in Regulations on procedure for forming and use of reserve for compensation of possible losses on credit operations of banks" registered in the Ministry of Justice of Ukraine on December 17, 2008 for No. 1206/15897 (further the Resolution No. 406), these accounts for money transfer according to requirements of Item 8 of the resolution of Board of the National Bank of Ukraine of November 30, 2012 use No. 499 "About introduction of amendments to the resolution of Board of the National Bank of Ukraine of January 25, 2012 No. 23", registered in the Ministry of Justice of Ukraine on December 20, 2012 for No. 2122/22434 (further the Resolution No. 499).

3. Banks during determination of the amount which is subject to transfer to separate accounts in the National Bank of Ukraine according to requirements of Item 8 of the Resolution No. 499, consider remaining balance of funds which were transferred and are considered on separate accounts in the National Bank of Ukraine according to item 4 of the Resolution No. 406.

4. To department of normative and methodological ensuring bank regulation and supervision (Ivanenko N. V.) after state registration in the Ministry of Justice of Ukraine to bring contents of this resolution to the attention of structural divisions of central office, territorial administrations of the National Bank of Ukraine, and also banks of Ukraine for use in work.

5. The resolution becomes effective from the date of its official publication.

6. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine Tkachenko O. O.

Approved by the Resolution of Board of the National Bank of Ukraine of March 11, 2013, No. 82

Procedure for reservation of means on the created reserves on credit operations in foreign currency with borrowers who have no documentary confirmed expected receipts of currency earnings

1. This Procedure establishes the procedure of reservation of means by banks of Ukraine on the separate account in the National Bank of Ukraine (further - National Bank) in the amount which answers amount of the created reserve on credit operations in foreign currency with borrowers who have no documentary confirmed expected receipts of currency earnings which are performed based on the credit agreements signed after December 27, 2008 (further credit operations in foreign currency).

2. The bank determines the amount of means for reservation on the separate account in National Bank proceeding from reserve amount for compensation of possible losses on credit operations in foreign currency created according to requirements of the Regulations on procedure for forming and use by banks of Ukraine of reserves for compensation of possible losses on active banking activities approved by the resolution of Board of the National Bank of Ukraine of January 25, 2012 No. 23, registered in the Ministry of Justice of Ukraine on February 15, 2012 for No. 231/20544 (with changes).

3. The bank performs reservation of means in currencies of the 1st group of the Qualifier of foreign currencies and bank metals approved by the resolution of Board of the National Bank of Ukraine of February 04, 1998 No. 34 [in edition of the resolution of Board of the National Bank of Ukraine of October 02, 2002 No. 378, registered in the Ministry of Justice of Ukraine on October 24, 2002 for No. 841/7129 (with changes)] which answer the list of foreign currencies in which correspondent accounts of National Bank in foreign currencies which happens by Department on management of currency reserve are opened and implementation of transactions in the public market of National Bank (further - reservation currencies) to data of bank for the purpose of transfer of means which are reserved.

4. The bank performs reservation of means in currency of the created reserve on credit operations in foreign currency. If the foreign currency of forming of reserve does not belong to reservation currencies, then reservation is performed in any of reservation currencies at the choice of bank using the cross rate determined by the official rate of hryvnia to foreign currencies and bank metals established by National Bank for date of reservation.

5. The bank for opening of the account in National Bank for transfer and accounting of means in the amount which answers amount of the created reserve on credit operations in foreign currency (further - the separate account) shall submit such documents to National Bank:

the statement for opening of the account signed by the head of bank or other representative on it faces. Application for opening of the account is issued according to requirements of the Instruction about procedure for opening, use and closing of accounts in national and foreign currencies, approved by the resolution of Board of the National Bank of Ukraine of November 12, 2003 No. 492, Ukraine registered in the Ministry of Justice on December 17, 2003 for No. 1172/8493 (with changes);

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