ON THE SYSTEM OP CURRENCY REGULATION AND CURRENCY-CONTROL. DECREE OF THE CABINET OF MINISTERS OF UKRAINE ¹15-93 ON 19 FEBRUARY 1993 (EXTRACT) Article 4 Procedure of use of earnings in foreign currency 1. All earnings of the residents of Ukraine in foreign currency are subject to compulsory sale through the authorized banks on the interbank currency market of Ukraine, except cases envisaged by Point 2 of tins Article. 2. Money not subject to compulsory sale shall be: - money in foreign currency bought on the interbank currency market of Ukraine through the authorized banks and other credit and financial institutions Licensed by the National Bank of Ukraine to carry out .currency transactions - within the term established by the currency legislation for settlements with the nonresidents, - money in foreign currency obtained by natural persons - residents, including remuneration of labor, money obtained from business activity excluded; - money in international clearing units that is used in the trade turnover with foreign states, as well as money in non-convertible foreign currency that is used in the non-trade turnover with foreign states on the basis of provisions of international treaties to which Ukraine is a party; - money in foreign currency obtained from privatization of the state property. 3. Authorized banks shall be obliged to sell all earnings of the residents in foreign currency on the interbank currency market of Ukraine within five bank days from the date of placement of such earnings to correspondent accounts of the authorized banks. Money in Ukrainian currency obtained by the authorized banks from the said transactions shall be transferred to the residents' accounts within two bank days from the date of placement of the said money to the balances of these banks. 4. Authorized banks shall be obliged to buy foreign currency on the interbank currency market of Ukraine upon orders and at the expense of the residents in order to ensure fulfillment of obligations of the residents that arise from paragraphs four, five and six of subparagraph "a" of Paragraph 4 of Article 5 of this Decree. 5. The National Bank of Ukraine shall be obliged to keep the policy aimed at strengthening Ukrainian currency and for this purpose may act on the interbank currency market of Ukraine. Article 5 Licenses of the National Bank of Ukraine 1. The National Bank of Ukraine shall grant individual and general licenses for carrying out currency transactions that are subject to the licensing procedure in conformity with this Decree. 2. General licenses shall be granted to commercial banks, other credit and financial institutions of Ukraine for carrying out currency transactions that do not require individual licenses for the whole period f validity of the procedure of currency regulation. 3. Authorized banks, other credit and financial institutions that are granted general licenses by the National Bank of Ukraine for carrying out transactions connected with sales of foreign currency, shall have the right to open in the territory of Ukraine currency exchange offices, including the ones under agency agreements with other legal entities - residents. 4. Individual licenses shall be granted to the residents and non-residents for carrying out one accession currency transactions for the period that require to carry out such transactions. The following transactions shall require individual licenses: a) export, transfer and remittance of currency values abroad, except: - export, transfer and remittance abroad by natural persons - residents of foreign currency to the amounts determined by the National Bank of Ukraine; - export, transfer and remittance abroad by natural persons - residents and non-residents of foreign currency that have been earlier imported by them into Ukraine on legal grounds; - payments in foreign currency effected by the residents abroad in fulfillment of liabilities in this currency before non-residents with respect to payment for product, services, works, intellectual properties and other property rights, except payment for currency values, - payments in foreign currency abroad in the form of loan interests, income (profit) on foreign investments; - export abroad of foreign investments in foreign currency made earlier in Ukraine in case of termination of investment activity; b) export, transfer and remittance of Ukrainian currency outside Ukraine, except cases envisaged by Paragraph 2 of Article 3 of this Decree; c) granting and obtaining by the residents of credits in foreign currency if term and amounts of such credits exceed the limits established by legislation; use of foreign currency in Ukraine as a mean of payment or pledge; placement of Currency values to bank accounts and deposits outside Ukraine, except; - opening bank accounts in foreign currency by natural persons - residents for the period of their stay abroad, - opening correspondent bank accounts by the authorized banks, - opening bank accounts in foreign currency by the residents mentioned in Clause four of Paragraph 5 of Article I of this Decree; f) carrying out investments abroad, including acquiring securities, except securities or other corporate rights obtained by the natural persons-residents as gifts of inheritance. 5. An individual license obtained by one party to a currency transaction shall permit the other parry or any third party involved in this transaction to carry it out, unless otherwise specified by this individual license. 6. Procedure and terms of granting licenses, list of documents required to obtain licenses, as well as grounds for refusal to grant licenses shall be determined by the National Bank of Ukraine. Refusal of the National Bank of Ukraine to grant licenses may be appealed in court or arbitration court/ Article 6 Procedure of sales of foreign currency 1. Sales of foreign currency in Ukraine by the residents and non-residents - legal persons shall be carried out through the authorized banks, other credit and financial institutions that are licensed by the National Bank of Ukraine to operate with foreign currency, exclusively on the interbank currency market of Ukraine Structure of the interbank currency market, procedure, terms and conditions of sales of foreign currency on the interbank currency market shall be determined by the National Bank of Ukraine. 2. Authorized banks, other credit and financial institutions licensed by the National Bank of Ukraine shall: a) buy and sell on their behalf foreign currency on the interbank currency market of Ukraine upon orders and at the expense of the residents and non-residents; b) have the right to buy on their behalf and at their own expense foreign currency cash from natural persons - residents and non-resident, and to sell it to the natural persons-residents. 3. Residents and non-residents - natural persons shall have the right to sell foreign currency to the authorized banks, other credit and financial institutions that are licensed by the National Bank of Ukraine, or through them - to other natural persons - residents. 4. Natural persons - residents shall have the right to buy foreign currency from the authorized banks, other credit and financial institutions that are licensed by the National Bank of Ukraine, or through them -from other natural persons - residents and non-residents. Article 7 Procedure of settlements in foreign currency Foreign currency as means of payment shall be used in settlements between the residents and nonresidents within the trade turnover. Such settlements shall be effected only through the authorized banks. Employers - non-residents shall pay the employees - residents in foreign currency by cash or by written order. Settlements between the residents and non-residents within the trade turnover in Ukrainian currency shall be allowed under condition of obtaining individual licenses of the NUB. NOTE: Decree of the Cabinet of Ministers of Ukraine "On the System of Currency Regulation and Currency Control" was adopted on 19 February 1993. In conformity with paragraph 8 of Article 17 of this Decree it entered into force from the day of its publication. Official text of this Decree was published on 6 March 1993 in the "URYADOVIY KURYER" No. 134. This Decree establishes the procedure of carrying out currency operations in the territory of Ukraine, defines the major principles of currency regulation, powers of state authorities, functions of banks and other credit and financial institutions of Ukraine in regulating currency operations, rights and obligations of subjects of currency relations, procedure of carrying out currency control, liability for infringement of currency legislation. By I July 1994 this Decree has been amended and supplemented by laws of Ukraine No. 3651-XII of 25 November 1993 and No. 3891-XII of 28 January 1994.