of December 20, 2016 No. 1792-VIII
About financial mechanisms of stimulation of export activities
This Law determines bases of the state support of export activities by insurance, reinsurance, providing, partial compensation of interest rate for export loans for the purpose of creation of conditions for implementation of large-scale expansion of commodity export (works, services) of the Ukrainian origin on the foreign markets, ensuring protection of the Ukrainian exporters against risks of non-payments and financial losses and increase in competitiveness of the Ukrainian producers in the world markets.
1. In this Law terms are used in such value:
1) providing the competitive offer provision with the participant of tender of ensuring accomplishment of the obligations to the state arising in connection with participation in tender and submission of the competitive offer in the form of the bank guarantee, the guarantee fee or in other form determined by the procedure for carrying out tender approved by the Cabinet of Ministers of Ukraine according to article 20 of this Law (further - procedure for carrying out tender);
2) the foreign buyer subject of nonresident managing performing purchase of goods (works, services) of the Ukrainian origin according to the external economic agreement (contract) signed with the Ukrainian exporter;
3) tender - competitive method of sale of blocks of shares of Export credit agency according to which the winner determines the participant of tender who offered during trading the highest price by submission of the competitive offer conforming to the requirements determined by procedure for carrying out tender;
4) the competitive offer offer of selling price of the block of shares of Export credit agency which the participant of tender submits during trading with observance of the requirements determined by procedure for carrying out tender;
5) the block of shares of the Export and credit agency share electronically in the authorized capital of Export credit agency, belonging to the state and considered on the account in securities opened in depository institution;
6) the winner buyer of tender who signed the purchase and sale agreement of the block of shares of Export credit agency;
7) the participating applicant of the civil relations who according to Procedure for carrying out tender showed willingness to take part in tender;
8) risk - profile of the participant of tender requirement to the participant of tender, including the quantitative and qualitative indexes determined by the Cabinet of Ministers of Ukraine for the purpose of minimization for the state of the risks connected with sale of blocks of shares of Export credit agency;
9) works, services of the Ukrainian origin work, services which are carried out and provided by subjects of resident managing of Ukraine;
10) the goods of the Ukrainian origin goods which are completely made or subjected to sufficient conversion in Ukraine according to the criteria established by the Customs code of Ukraine;
11) the biddings - process of determination of the price of blocks of shares of Export credit agency according to the Procedure for carrying out tender;
12) the Ukrainian export subject of resident managing of Ukraine performing commodity export (works, services) of the Ukrainian origin;
13) the participants of applicant tender allowed to participation in tender.
2. The terms "responsible actuary", "reinsurance", "overcautious person", "insurer", "insurance", "insurance risk", "insured event", "insurance sum", "insurance payment", "insurance rate", "insurance premium" are used in this law in the values given in the Law of Ukraine "About insurance".
The terms "goodwill", "measures of early intervention", "essential participation", "head", "комплаенс", "conflict of interest", "structure of property of the legal entity", "affiliate", "related person", "internal control system", "financial institution" are used in this Law in the values given in the Law of Ukraine "About financial services and finance companies".
The terms "electronic trading system (UTS)", "electronic auction" are used in this Law in the values given in the Law of Ukraine "About privatization of the state-owned and utility property".
3. Other terms which are used in this Law are applied in the values given in the legislation and international treaties of Ukraine.
1. For commodity export stimulation (works, services) of the Ukrainian origin the Cabinet of Ministers of Ukraine creates Export credit agency (further - EKA) which on voluntary and commercial basis performs insurance, reinsurance, provides guarantees under the agreements providing export development.
2. EKA is formed and performs the activities according to the Law of Ukraine "About joint-stock companies", to this Law, other legal acts, and also international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine.
EKA performs activities for insurance as the insurer with the special status according to provisions of this Law, Law of Ukraine "About insurance" in the cases provided by this Law and the regulatory legal acts adopted according to these Laws.
If the international treaty which consent to be bound is provided by the Verkhovna Rada of Ukraine determines other rules, than those that are provided by this Law, rules of the international treaty are applied.
3. EKA is formed in the form of joint-stock company and is the legal entity of private law performing activities on commercial basis. Founder and the shareholder of EKA who possesses at least 50 percent of the authorized capital plus one share (the minimum share of corporate laws of the state in the authorized capital of EKA) is the state on behalf of the Cabinet of Ministers of Ukraine.
Management of corporate laws which belong to the state in the authorized capital of EKA performs the Cabinet of Ministers of Ukraine through the governing body authorized by it (further - authorized body of management).
Rather minimum share of corporate laws of the state in the authorized capital of EKA actions which consequence alienation of these corporate laws from state-owned property can be cannot be made.
In case of partial acquisition of rights of corporate laws of the state by other shareholders, except the state, by sale of blocks of shares of EKA according to Articles 11-1-11-9 such shareholders of EKA shall approve previously with the National Bank of Ukraine in the procedure for acquisition and/or increase in essential participation in EKA established by it.
4. The charter of EKA affirms the Cabinet of Ministers of Ukraine in coordination with the National Bank of Ukraine and shall conform to requirements of the laws of Ukraine taking into account the features established by this Law and regulatory legal acts of the National Bank of Ukraine.
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