RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of August 15, 2016 No. 369

About approval of the Regulations on procedure by banks of the analysis and verification of documents (information) on financial transactions and their participants

According to Articles 7, of 15, of 55, 56 Laws of Ukraine "About the National Bank of Ukraine", to Articles 48, of 66, "About banks and banking activity" the Board of the National Bank of Ukraine decides 67 Laws of Ukraine:

1. Approve Regulations on procedure by banks of the analysis and verification of documents (information) on financial transactions and their participants which are applied.

2. To department of financial monitoring (I.V. Birch) bring contents of this resolution to the attention of banks of Ukraine.

3. To impose control over the implementation of this resolution on the acting as the vice-chairman of the National Bank of Ukraine Rozhkova K. V.

4. The resolution becomes effective since September 1, 2016.

Approved by the Resolution of Board of the National Bank of Ukraine of August 15, 2016 No. 369

Regulations on procedure banks of the analysis and verification of documents (information) on financial transactions and their participants

1. This Provision is developed according to the Laws of Ukraine "About the National Bank of Ukraine", "About banks and banking activity" (further - the Law on banks) for the purpose of non-admission of making by banks of the risk activities menacing to interests of investors or other creditors of bank (further - risk activities) and increases in effective management of risks.

Requirements of this Provision extend to banks, separate divisions of banks, branches of foreign banks (further - banks).

2. In this Provision terms and concepts are used in the following values:

1) sources of origin of means (assets) - documented [based on official documents, properly certified their copies or other sources if such information is public (open)] the data allowing to draw valid conclusion on availability of the sufficient financial opportunities of the client adequate to its financial condition and/or the social status;

2) economic feasibility (sense) of financial transaction the reasoned reasons that such financial transaction is directed to achievement of economic result, the economic or personal targets which do not violate the requirement of the legislation of Ukraine or are not directed to such violations;

3) the indicator(s) of risk financial transaction - established by the National Bank of Ukraine (further - National Bank) sign or set of signs of financial transactions, participants of the financial transactions and their intentions / actions allowing to reveal risk financial transactions;

3-1) registration actions under the agreement - registration in National Bank agreements/modification of registration of the agreements providing accomplishment by residents of debt obligations before nonresidents on the loans attracted from nonresidents, foreign currency loans (taking into account additional agreements / agreements, documents concerning implementation of the credit agreement / loan agreement and implementation of currency transactions under such agreement), according 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 June 17, 2004 No. 270, registered in the Ministry of Justice of Ukraine on July 15, 2004 at No. 885/9484 (with changes) (further - No. Provision 270);

4) risk financial transaction - financial transaction which contains / may contain signs of implementation by bank of risk activities which threaten interests of investors or other creditors of bank (further - risk activities), including for concealment of real benefits, implementation of any actions connected with means which can be received as a result of crime execution, the origins of the specified means or assistance to person directed to concealment of sources who is accomplice in crime execution which is source of origin of the specified means and so forth.

Other terms applied in this Provision are used in the values determined by the laws of Ukraine and regulatory legal acts of National Bank.

3. The bank shall provide the comprehensive analysis and verification of documents (information) on financial transactions (intention of implementation of financial transactions) of clients of bank or other persons (in the cases determined by the legislation) and the information about their participants which is the basis for:

1) purchases of foreign currency for the purpose of transfer out of limits of Ukraine;

2) transfer of foreign currency out of limits of Ukraine;

3) money transfers in hryvnias for benefit of nonresidents through the correspondent accounts of nonresident banks opened in banks;

4) money transfers for benefit of nonresidents through the branches of banks opened in the territory of other states;

5) initiation of carrying out registration actions under the agreement;

6) transfers of funds in hryvnias and foreign currency into investment accounts which are opened for nonresident investors in banks of Ukraine as return of foreign investment and profits, the income, other means received by the foreign investor from investing activities in Ukraine, etc.

4. Requirements of this provision do not extend to financial transactions, performed:

1) for benefit of the state or under the state guarantees;

2) on the credits, loans attracted according to international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine or from international financial institutions which member is Ukraine, or from international financial institutions under agreements with which Ukraine undertook to provide the legal regime provided to other international financial institutions;

3) on projects (programs) of the international technical assistance which underwent state registration;

4) on projects which are performed based on agreements between Ukraine and the European Union on participation of Ukraine in the international programs of the European Union;

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