RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of April 7, 2016 No. 247

About approval of the Instruction about procedure for forming of the information file by authorized banks

According to article 99 of the Constitution of Ukraine, requirements of Articles 6, of 7, of 44, 56 Laws of Ukraine "About the National Bank of Ukraine" and being guided by Articles 66, 67 Laws of Ukraine "About banks and banking activity", the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction" and provisions of Sections II and III of the Decree of the Cabinet of Ministers of Ukraine of February 19, 1993 No. 15-93 "About system of currency control and currency exchange control", the resolution of Board of the National Bank of Ukraine of February 23, 2015 No. 124 "About features of implementation of some currency transactions", the regulatory legal act of the National Bank of Ukraine about settlement of situation in the monetary and currency markets of Ukraine, the Board of the National Bank of Ukraine decides:

1. Approve the Instruction about procedure for forming of the information file by authorized banks which is attached.

2. Ceased to be valid according to the Resolution of Board of the National Bank of Ukraine of 21.11.2017 No. 118

3. "About settlement of situation in the monetary and currency markets of Ukraine" (with changes) to state the subitem 17 of Item 6 of the resolution of Board of the National Bank of Ukraine of March 3, 2016 to No. 140 in the following edition:

"17) for the purpose of non-admission of unfair practice of carrying out currency transactions authorized banks create the register of transactions according to orders of clients on purchase of foreign currency / transfer out of limits of Ukraine of foreign currency / money transfer in hryvnias for benefit of nonresidents through the correspondent accounts of nonresident banks in hryvnias opened in authorized banks / money transfer which is performed for benefit of nonresidents through the branches of authorized banks opened in the territory of other states (further - the register) and give it to the National Bank of Ukraine according to procedure and in form which are determined by the separate regulatory legal act of the National Bank of Ukraine.

To authorized banks the message on non-confirmation of possibility of its implementation is forbidden to perform operations of the client in case of obtaining from the National Bank of Ukraine.

The transactions confirmed with the National Bank of Ukraine can be executed not earlier than the fourth operational day from the date of submission by authorized bank of information on these transactions in the register.

For the purpose of prevention of unproductive capital outflow abroad the National Bank of Ukraine has the right to request and receive from authorized bank of the copy of additional documents, and also to request from the central executive bodies, law enforcement agencies, the State information and analysis center of monitoring of the foreign goods markets, other public and commercial institutions and the organizations information or additional documents necessary for clarification of circumstances of specific transaction, information on which was provided in the corresponding register.

Authorized banks are forbidden to perform transactions on which the National Bank of Ukraine requested information or copies of the additional documents necessary for clarification of circumstances of specific transaction, information on which was provided in the corresponding register.

The National Bank of Ukraine has the right not to confirm possibility of implementation of the transaction included in the register, if on analysis results of the documents (information) received by the National Bank of Ukraine in the procedure established by the legislation from authorized bank and/or other official sources (including from state bodies, the State information and analysis center of monitoring of the foreign goods markets, banks, other legal entities and/or physical persons, when implementing remote supervision / exit check of other bank / organization / organization) signs which can demonstrate implementation of risk activities by banks are found, or came to conclusion that nature or consequences of financial transactions can bear real or potential danger of use of bank for the purpose of legalization (washing) of income gained in the criminal way financing of terrorism or financing of distribution of weapons of mass destruction.

Authorized banks are allowed to perform transactions on transfer of foreign currency out of limits of Ukraine at the request of the Public treasurer service of Ukraine in day of receipt of the payment order and without confirmation of possibility of implementation of this transaction by the National Bank of Ukraine".

4. To department of information technologies till April 12, 2016 to inform banks of Ukraine structure and format of the reporting #2С file by means of which authorized banks submit registers to the National Bank of Ukraine.

5. To department of financial monitoring (I.V. Birch) bring contents of this resolution to the attention of banks of Ukraine for use in work, and to banks of Ukraine - to data of clients.

6. The resolution becomes effective since April 15, 2016. Item 3 of this resolution is effective till June 8, 2016 inclusive.

Approved by the Resolution of Board of the National Bank of Ukraine of April 7, 2016 No. 247

The instruction about procedure for forming of the information file by authorized banks

1. This Instruction establishes procedure, terms, form and method of submission by authorized banks to the National Bank of Ukraine (further National Bank) information on transactions on purchase of foreign currency / transfer out of limits of Ukraine of foreign currency / money transfer in hryvnias for benefit of nonresidents through the correspondent accounts of nonresident banks in hryvnias opened in authorized banks / money transfer is performed for benefit of nonresidents through the branches of authorized banks opened in the territory of other states (further - the Instruction).

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