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Ministry of Justice of Ukraine

October 29, 2015

No. 1325/27770

DECISION OF THE NATIONAL COMMISSION ON SECURITIES AND STOCK MARKET OF UKRAINE

of October 13, 2015 No. 1707

About procedure for accomplishment by members of the capital markets of decisions of the National Security and Defense Council of Ukraine on application of personal special economic and other rationing measures (sanctions)

(as amended on 19-08-2021)

According to Article 2, Item 18 parts two of article 7 of the Law of Ukraine "About state regulation of the security market in Ukraine", taking into account the Law of Ukraine "About sanctions" and based on the decision of the National Security and Defense Council of Ukraine of September 2, 2015 "About application of personal special economic and other rationing measures (sanctions)", No. 549 enacted by the Presidential decree of Ukraine of September 16, 2015 "About the decision of the National Security and Defense Council of Ukraine of September 2, 2015 "About application of personal special economic and other rationing measures (sanctions)" (further - the Presidential decree of Ukraine of September 16, 2015 No. 549), the National commission on securities and the stock market SOLVED:

1. Professional participants of the capital markets after entry into force of the Presidential decree of Ukraine which enacts certain decision of the National Security and Defense Council of Ukraine on application of personal special economic and other rationing measures (sanctions) against physical persons and legal entities, information on which is attached to such decision of the National Security and Defense Council of Ukraine (further - the sanctions list):

1) shall establish availability/absence among clients with whom agreements on provision of financial services are signed, depositors/owners of securities which accounts are serviced by depository institution (further - owners), the physical persons and legal entities specified in the sanctions list to which according to this decision of the National Security and Defense Council of Ukraine rationing arrangements (sanctions) are applied: "blocking of assets - temporary restriction of the right of person to use and dispose of the property belonging to it" (further - "blocking of assets"), "stop of financial transactions", "prevention of removal of the capitals out of limits of Ukraine", "suspension of execution of economic and financial liabilities", "suspension of execution of economic and financial liabilities (prohibition to grant the loans, loans, financial aid, guarantees; prohibition perform crediting through security purchase; will lock acquisitions of securities), "restriction of trading activities", "total/total or partial ban of transactions on securities which issuers are persons to whom sanctions according to the Law of Ukraine "About sanctions" are applied;

2) to refuse establishment of business contacts with persons specified in the sanctions list to whom the sanction "prohibition on establishment of business contacts" is applied;

3) in case of insufficiency of data for unambiguous identification of the owner/client with which the agreement on provision of financial services as persons is signed specified in the sanctions list, it is necessary to carry out refining of information on such person according to the legislation. Before establishment of accessory (or not accessories) it to persons specified in the sanctions list, accomplishment of orders/orders/orders, rendering services, the conclusions of transactions with participation of such person (his representative, the authorized person) and the actions determined by this decision stops.

2. To depository institutions after entry into force of the Presidential decree of Ukraine which enacts certain decision of the National Security and Defense Council of Ukraine on application of personal special economic and other rationing measures (sanctions) (further - the Decree):

1) in case of application of the sanction "blocking of assets":

in five-day time from the date of entry into force by the Decree - to enter changes into the system of depositary accounting concerning establishment of restriction of the rights to securities and it is right on securities on all securities, the rights to which are considered on accounts in securities of owners - persons specified in the sanctions list to whom the specified sanction on sanction effective period is applied. Depository institutions perform removal of the set restrictions of the rights to securities and is right on securities during the next working day after the end of action of the sanction;

if the securities belonging to person specified in the sanctions list are reserved for implementation/ensuring payment under transactions concerning securities, calculations for which are perfromed/carried out by person performing clearing activities, made in the organized market of the capital and out of it with respect for the principle "delivery of securities against payment" the depository institution before making of the actions provided by the paragraph the second this subitem shall make the actions necessary for lifting of restrictions (unblocking) concerning such securities according to the procedure, established by the legislation on depositary system;

during action of the specified sanction:

in case of carrying out transaction of transfer/transfer of securities, rights to securities to the account in securities of the owner - person specified in the sanctions list to which the specified sanction is applied - in day of carrying out such transaction to enter changes into the system of depositary accounting concerning establishment of restriction of the rights to such securities and it is right on such securities;

in case of creation of lists of owners of securities for the organization and holding general meeting of joint-stock society / meeting of bondholders, - to include owners - persons specified in the sanctions list to whom the specified sanction is applied, in the corresponding list with indication of the securities belonging to them as voting;

in case of creation of lists of owners of securities for the organization of dividend payout (income) for securities, repayment of securities - to include owners - persons specified in the sanctions list to whom the specified sanction, in the corresponding list with indication of information is applied that the sanction "blocking of assets" is applied to such person;

in case of dividend payout (income) on securities, repayments of securities means through depositary system the depository institution provides implementation of payment of the corresponding money to persons specified in the sanctions list, after the end of action of the specified sanction;

2) in case of application of the sanction "stop of financial transactions":

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