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LETTER OF THE NATIONAL BANK OF UKRAINE

of February 4, 2013 No. 29-113/1397-1298

Rather practical application of separate requirements of procedure for carrying out currency exchange transactions

The National Bank of Ukraine in connection with requests of banks of rather practical application of some regulations of the Instruction about procedure for the organization and implementation of currency exchange transactions in the territory of Ukraine approved by the resolution of Board of the National Bank of Ukraine of 12.12.2002 No. 502, of Ukraine of 14.01.2003 registered in the Ministry of Justice for No. 21/7342 (further - the Instruction), reports the following.

1. Concerning the list of documents on condition of which presentation in bank, the financial institution performs currency exchange transactions for physical persons.

According to the Decree of the Cabinet of Ministers of Ukraine "About system of currency control and currency exchange control" the bank, financial institution have the right to perform sale of cash foreign currency only to physical persons - to residents. For observance of this regulation it is necessary to find out rezidentnost of person who performs currency exchange transaction.

Carrying out currency exchange transactions is performed based on documents which give the chance to find out rezidentnost of physical person:

for the physical person - the resident: the passport of the citizen of Ukraine, the passport of the citizen of Ukraine for trip abroad without mark confirming permanent residence abroad, the certificate of the stateless person for trip abroad issued in Ukraine, the certificate of the refugee issued in Ukraine, the certificate on permanent residence in Ukraine;

for the physical person - the nonresident: the national passport of the citizen of other state, the passport of the citizen of Ukraine for trip abroad with mark in the passport about permanent residence abroad, the accreditation card issued by the Ministry of Foreign Affairs of Ukraine.

During implementation of the currency exchange transactions specified in Item 1.2 of Chapter 1 of the Instruction irrespective of transaction amount, the cash worker by means of the copier makes the copy of the first and second page of the passport of the citizen of Ukraine-1. In case of presentation of the passport of the citizen of Ukraine for trip abroad or the national passport of the citizen of other state the cash worker removes photocopy of the first page and in the presence of mark about the permanent place of residence as well this page, in case of presentation of the certificate on permanent residence - photocopying of the machine-readable page (the page of data) of type on permanent residence is performed.

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- 1 Numbering of pages of the passport is given according to requirements of Item 6 of the Regulations on the passport of the citizen of Ukraine approved by the Resolution of the Verkhovna Rada of Ukraine of 26.06.92 No. 2503-XII (in edition of the Resolution of the Verkhovna Rada of Ukraine of 02.09.93 No. 3423-XII) (with changes)

The specified pages are certified by print of stamp of cash desk of bank, financial institution and together with the receipt on implementation of currency exchange transaction are filed in documents of day of bank, financial institution. The print of stamp is put down so that its central part was placed in the photo of physical person.

Upon purchase from physical person of remaining balance of foreign currency it is less, than nominal value of the minimum note which is in circulation, copying of documents based on which identification of physical person is performed is not performed.

2. Concerning filling of details in receipts on implementation of currency exchange transaction

During implementation of currency exchange transactions, irrespective of transaction amount, the bank, financial institution shall be guided by requirements of Item 1.3 of Chapter 1 of the Instruction. At the same time the rezidentnost of physical person in the receipt is not specified.

3. Concerning reflection in the receipt in form No. 377-K of data concerning the place of residence (registration) and registration number of accounting card of the taxpayer of physical person

Bank, financial institution, being guided by requirements of Item 5.16 of Chapter 5 of the Instruction, can supplement in the receipt in form No. 377-K necessary quantity of lines for filling of identification data of physical person.

4. Concerning storage of the copy of number of accounting card of the taxpayer in documents of day of bank, financial institution

During currency exchange transactions on the amount exceeding 50000 hryvnias, but which does not exceed 150000 hryvnias, the copy of registration number of accounting card of the taxpayer is not made and is not stored in documents of day.

If the transaction amount exceeds 150000 hryvnias, the bank, financial institution shall be guided by requirements of the legislation of Ukraine about prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing.

All other letters of rather practical application of separate requirements of procedure for carrying out currency exchange transactions are applied in the part which is not contradicting this letter.

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