Business in Ukraine

The cloud of crisis that looms over the country has a silver lining: the authorities are not ignoring the people anymore and have to heed industrial managers, bankers, and experts. Ukrainian politicians are still unable to reckon with anything other than their personal interests and popularity ratings, so at most councils and consultations they focus on their image instead of looking for effective responses to the challenges that are confronting the national economy.

Yet, it is vitally necessary to find a cure for the crisis through an honest diagnosis. This was the subject of the interview with Ukrgazbank Board Chairman Vadym LYASHKO.

— Will you please answer the question which is put to all bankers these days: how painful is the crisis for our banking system and how much will the recovery cost?

— To answer this question we should see first why this crisis has taken on such a form and depth in this country. We shouldn’t put the blame on the global financial crisis alone. We should admit honestly that the degree of our vulnerability and the depth of our integration with the global financial system don’t quite correlate. [Read more →]

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Against the backdrop of the global financial crisis, little heed was paid to the news released on 5 November by the Association of Ukrainian banks (AUB) about a meeting the AUB Board members and CEOs of the AUB member banks had a day before with NBU Governor Volodymyr Stelmakh and his First Deputy Anatoliy Shapovalov.

According to the AUB report, while discussing the current refinancing procedure, the Association Board members insisted on providing all banks (irrespective of their authorized capital) with equal access to operative re-financing facilities stipulated by NBU Resolution #328. It was also mentioned in passing that “the discussion of the AUB proposals was fairly emotional; the parties wanted to hear each other, yet not always succeeded in achieving this goal.” [Read more →]

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If at the end of summer, it was possible to buy one dollar for 4.7 hryvnia, then on October 8^th, the exchange rate surged up to 6.0 hryvnia for one dollar in some exchanges. This shows that hryvnia has lost more than 20% of its value over the past incomplete one and a half months.

After its extraordinary meeting on Tuesday, the Board of the National Bank of Ukraine (NBU) made an announcement concerning expanding its forecasted corridor for hryvnia’s exchange rate fluctuations – from 4.85 hryvnia for one dollar (plus/minus 4%) to 4.95 hryvnia for one dollar (plus/minus 8%). When commenting on this decision, the head of the Board of the National Bank, Petro Poroshenko, tried to insure Ukrainians that there are no reasons for hryvnia’s devaluation and no problems with the liquidity of banks.

However, how can we believe in this if the same night, the Board of the NBU extended a five billion credit line to PromInvestBank, one of the largest operators of the Ukrainian financial market, and decided to establish a temporary administration in the bank as well as announce a moratorium on savings withdrawal? Some mass media assumed that bankruptcy of PromInvestBank might threaten other financial institutions…

The entire banking system of our country, which until recently displayed a surprising immunity to global financial crisis, virtually turned out to be under threat of replication of the 2004 scenario. After a series of multi-billion interventions, the NBU actually managed to lower the exchange rate of the hryvnia. Friday’s trading at the interbank foreign currency exchange closed with a quite comfortable rate of 5.2 hryvnia for one dollar. First deputy chairman of the NBU Anatoliy SHAPAVALOV gave ZN his comments on the recent events in the country’s financial market.

— Anatoliy Vasyliovych, what caused the recent surge of the dollar’s exchange rate in commercial banks’ exchanges? [Read more →]

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Regulation On cashless settlements in domestic currency in Ukraine (approved by the Resolution of the Board of the National Bank of Ukraine # 22 of 21.01.2004 and registered with the Ministry of Justice of Ukraine under # 377/8976 of 29.03.2004 (with amendments).

General rules, forms and standards of settlements for legal entities and natural persons and banks in monetary unit of Ukraine in the territory of Ukraine, accomplished with participation of banks shall be set by new version of the Regulation on the national currency cashless settlements in Ukraine (below - Regulation), which is approved by the Resolution of the Board of the National Bank of Ukraine # 22 of 21.01.2004 and registered with the Ministry of Justice of Ukraine under # 377/8976 of 29.03.2004.

Regulation On approval of changes to the Regulation on cashless settlements in domestic currency in Ukraine (approved on December 4, 2006 by Resolution # 236 of the Board of the National Bank of Ukraine of 18.10.2006, registered with the Ministry of Justice of Ukraine under # 1218/13092 of 20.11.2006 (published in the official Herald of Ukraine, 2006 # 47 of 04.12.2006, Article 3137).

Regulation On procedure of exercising by banks transactions with bills of credit in the national currency in the territory of Ukraine (approved by the Resolution of the Board of the National Bank of Ukraine # 508 of 16.12.2002 and registered with the Ministry of Justice of Ukraine under # 174/7495 of 29.02.2003).

On December 16, 2002 the Board of the National Bank of Ukraine adopted Resolution # 508, which approved the Regulation on procedure of exercising by banks transactions with bills of credit in the national currency in the territory of Ukraine (below - Regulation). The above-mentioned Resolution of the National Bank of Ukraine is registered with the Ministry of Justice of Ukraine under # 174/7495.

According to this Resolution, there became invalid the Regulation on banks transactions with bills of credit, approved by the Resolution of the Board of the National Bank of Ukraine under # 258 of 28.05.1999.

The necessity to develop and approve a new Regulation was caused by passing of the Law of Ukraine “On the bill circulation in Ukraine under # 2374-111 of April 5, 2001.

The Regulation shall set new rules and procedure of effecting by banks bill transactions, which are drawn and are due to be paid in national currency within Ukraine.

Regulation on drawing up applications on purchase or sale of foreign exchange or banking metals by customers payment orders in foreign exchange or banking metals and providing them to authorized banks and other financial institutions and the procedure of their execution (approved by the Resolution of the Board of the National Bank of Ukraine # 82 of 05.03.2003 and registered with the Ministry of Justice of Ukraine under # 224/7545 of 20.03.2003).

This Regulation regulates, in particular, procedure of drawing up by customers payment orders in foreign exchange or banking metals and determines terms for effecting foreign exchange transfers and namely, a customer can chose such terms for foreign exchange transactions as “urgent”, “time” or “general”.

This Regulation also specifies procedure of drawing up by customers payment orders in foreign exchange, when making transfers within an authorized bank.

Furthermore, the Regulation makes provision for requirements on procedure of returning unexecuted foreign exchange payment orders by authorized banks servicing customers.

Regulation on procedure of effecting transactions with foreign exchange cheques in the territory of Ukraine (approved by the Resolution of the Board of the National Bank of Ukraine # 520 of 29.12.2000 and registered with the Ministry of Justice of Ukraine under # 152/5343 of 21.02.2001).

This Regulation sets uniform rules and procedure on foreign exchange cheque transactions effected by authorized banks and financial institutions

According to this regulation, a cheque as a pay document shall comprise a written order of drawer of a cheque to holder of a cheque on paying out within a certain term of foreign exchange amount indicated in it.

World experience testifies to the fact that cheques payable to somebody are mostly widespread among all kind of cheques. They are well protected both in case of reimbursement and of loss. In accordance with the terms of this regulation, all cheques payable to somebody shall comprise the following essential elements:

• name of a document - “cheque” shall be written in a language in which it is drawn (or without a name, when a cheque is drawn in such countries as Great Britain, USA, Canada, Australia, Germany, etc.);

• an order to pay out e certain amount to holder of a cheque;

• name and requisite elements of an issuer and an payer;

• holder of a cheque’s company name for a legal person or family name for a natural person for whom a payment is effected;

• indication of currency type and amount of a cheque.

• cheque drawing date and cheque number;

• place of cheque issue;

• signature of a cheque drawer

For lack of the above-mentioned essential elements, a cheque is considered invalid, shall be returned to holder of a cheque and is not collected by a bank. Period of cheque validity is indicated on a cheque. For lack of such indication, period of cheque validity shall make up 6 months since the day of its issue.

Bank in Ukraine shall accept registered cheques in foreign exchange from holder of a cheque only for collection. Cheques in foreign exchange of the 1st group of foreign exchange Classificator of the National Bank of Ukraine (below - 1 group of Classificator) and 2d group of foreign exchange Classificator of the National Bank of Ukraine shall be accepted by a bank for collection only from their holders after providing documents, which identify their person or against their notary power of attorney.

Bank shall accept cheques for collection from natural persons both residents and nonresidents against application on accepting for collection cheques in foreign exchange. Cheques delivered to a bank by another person can be accepted for collection only in the following cases:

• in case of providing by holder of a cheque a duly authorized power of attorney;

• in case of a death of holder of a cheque, cheques from his heirs shall be accepted only for collection against documents, requested in accordance with the current legislation of Ukraine;

• a cheque, drawn in favour of a teenager before 15 years old or an incapable person can be delivered to a bank only by their legal representatives (parents, trustees);

• after reaching 15 years of age, a teenager can do it personally, but against written consent of his parents or other legal representatives, authorized in accordance with the current legislation of Ukraine (birth certificate, adoption certificate, trustee certificate, etc.)

Bank can accept cheques for collection on the security in accordance with the current legislation of Ukraine in the following cases:

• there is a need to guarantee execution of holder of a cheque his liabilities as to paying out commission to payers, when a bank which accepts a cheque for collection has some doubts as to paying it out;

• cheques have some damages (torn out and put together, original colour is changed, partially burn out, have some ink, paint or oil spots, but all these damages do not interfere with cheque identification);

• cheque period of validity is expired;

• bank which accepts a cheque for collection has no correspondent relations with issuing bank.

After receiving funds against cheque from a payer, a bank in accordance with preliminary agreement with a drawer of a cheque shall inform him per phone or with a letter on accepting cheques for collection, on receiving funds and on the name and location of a bank which is to pay funds.

Natural persons (residents and nonresidents), having foreign exchange current account in the bank, can receive funds against cheques in their account, the number of which shall be indicated in application form on accepting a foreign exchange cheque for collection.

Natural persons (residents and nonresidents), who have no foreign exchange current account in the bank, can receive funds against cheques in cash.

On request of a natural person (resident or nonresident), foreign exchange amount against cheque can be sold to the bank by foreign exchange purchase rate on the day of transaction; at this a natural person - nonresident, is provided with the form 377 together with cash foreign exchange warrants.

Funds against cheques intended for legal persons (residents) are prior transferred to foreign exchange clearing account, opened by bank for a legal entity in accordance with the Transaction Rules on foreign exchange interbank market of Ukraine, approved by the Resolution # 127 of 18.03.99 of the Board of the National Bank of Ukraine and registered with the Ministry of Justice of Ukraine on 18.03.99 under the # 171/3464.

Funds against cheques intended for representations of legal persons-nonresidents are transferred in accordance with normative and legal acts of the National Bank of Ukraine The Regulation sets requested essential elements for travelers cheques as well. A travelers cheque is a pay foreign exchange document used in non-trade international settlements which is drawer of a cheque’s money liabilities to pay out an amounts indicated in a cheque to a holder of a cheque, whose signature shall be put in a duly site by sale. Travelers cheque is to have the following requisite elements:

• name of a document - “travelers cheque”;

• name of issuing companies: American Express, Visa, Thomas Cook, City Corp., Bank of America, Swiss Bakers Travelers Cheques, etc;

• name of payer and his requisite elements;

• signatures of issuing companies’ authorized persons;

• foreign currency face value and its name;

• its series and number;

• place for signature of a person, intending to buy a cheque;

• place for signature of holder of a cheque by paying a cheque off.

The validity period of travelers cheques is not limited.

Date and place for cheque’s filling up are indicated in information message on travelers cheques sale. Travelers cheques are issued of a certain denomination.

Travelers cheques are drawn for a single holder, seldom - for two holders (signature of a holder (two holders) is put in a certain place at the sale day. Travelers cheques drawn for two holders can be used by both. Any of two signatures is valid when receiving cash funds against a cheque.

Banks which have according to the current legislation of Ukraine a special permission of the National bank of Ukraine for importing travelers cheques forms to Ukraine, shall have the right to conclude agreements with other resident banks for their further sell in Ukraine.

Transactions on travelers cheques’ purchase (pay off) and sale (change of foreign exchange in cash against foreign exchange cheques, below - sale) is executed by a bank against foreign exchange of the 1st group of Classificator or against Hryvnias.

Recovery to holder of a cheque for the lost travelers cheques is effected by the bank against agreements concluded with travelers cheques’ issuer.

Regulation on procedure of effecting bank transactions on guarantee in national currency and foreign exchange (approved by the Resolution of the Board of the National Bank of Ukraine # 639 of 15.12.2004 and registered with the Ministry of Justice of Ukraine under # 41/10321 of 13.01.2005).

This Regulation sets general rules of the National Bank of Ukraine on procedure for effecting bank transactions on granting and receiving banking guarantee in national currency and foreign exchange.

Regulation on discharge of transactions, arrest and forced writing off funds in foreign exchange and banking metals (approved by the Resolution of the Board of the National Bank of Ukraine # 515 of 03.12.2003 and registered with the Ministry of Justice of Ukraine under # 167/8766 of 06.02.2004).

This Regulation shall specify general rules of the National Bank of Ukraine and the procedure of execution by authorized banks and other financial institutions of discharge of transactions, arrest and forced writing funds in foreign exchange and banking metals off customers’ accounts and corresponding accounts of authorized banks residents, opened in other authorized banks residents.

Regulation on procedure of effecting transactions on documentary credits in settlements on foreign-economic transactions, which are carried out by authorized banks (approved by the Resolution of the Board of the National Bank of Ukraine # 514 of 03.12.2003 and registered with the Ministry of Justice of Ukraine under # 1213/8534 of 24.12.2003).

This Regulation shall specify general rules on opening, notifying, conducting and closing of documentary credits, which are effected by authorized banks for their customers, when settling accounts on foreign-economic contracts in foreign exchange and national currency.

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Legal Status of the National Bank of Ukraine

Legal status, principles of organization and activities of the National Bank of Ukraine are determined by the Constitution of Ukraine and the Law of Ukraine “On the National Bank of Ukraine”.

The National Bank of Ukraine is a legal entity with separated property, which is the object of the state property. Its authorized capital amounts to UAH 10 million and is the state-owned property which is in the full economic competence of the National Bank.

According to Article 99 of the Constitution of Ukraine, adopted in 1996, the main function of the country’s central bank is to ensure stability of monetary unit-the Hryvnia. To carry out its main function, the National Bank shall foster the stability of the banking system and, within its competence, the price stability.

According to the Law of Ukraine “On the National Bank of Ukraine”, the National Bank is the central bank of Ukraine, a specific central body of the state administration, its issuing center which pursue common state policy in money circulation, credit, strengthening of monetary unit; it coordinates functioning of the banking system in general; determines exchange rate of the monetary unit against foreign currencies. The National Bank determines a kind of bank notes, their denomination, distinctive features and their protection system. The National Bank of Ukraine ensures the accumulation and custody of the gold and currency reserves and the conduction of transactions with them and the banking metals. The National Bank of Ukraine sets up the order of determining a discount rate and other interest rates; it gives permission for commercial banks’ registration and licenses banking business; determines the standard of emergency funds for commercial banks and other financial and credit institutions.

Functions of the National Bank of Ukraine

Main Function

According to the Constitution of Ukraine, the main function of the National Bank is to ensure the stability of Ukraine’s monetary unit.

To carry out its major function, the National Bank shall foster the stability of the banking system and within its competence, the price stability.

Other Functions

The National Bank shall carry out the following functions:

1. to determine and pursue the monetary policy in accordance with the General Principles of the Monetary Policy developed by the Council of the National Bank of Ukraine;

2. to issue the national currency of Ukraine on a monopoly basis and to organize its circulation;

3. to act as the last-instance creditor for banks and to organize the refinancing system;

4. to establish the rules of conducting banking transactions, accounting and reporting, protection of the information, funds and property for the banks and other financial and credit institutions;

5. to organize and to provide the methodological support to the system of the monetary, crediting and banking statistical information and the statistics of the balance of payments;

6. to organize and to provide the methodological support to the system of the monetary, crediting and banking statistical information and the statistics of the balance of payments;

7. to determine the areas of the development of modern electronic banking technologies, to establish, co-ordinate and control the creation of electronic means of payment, payment system, banking automation and the banking information protection facilities;

8. to exercise the banking regulation and supervision;

9. to keep a Register of banks, their branch and representative offices, currency exchanges and financial and credit institutions, to license banking business and transactions, if provided for by the laws;.

10. to compile, analyze and forecast the balance of payments;

11. to represent Ukraine’s interests in central banks of other states, international banks and other crediting institutions, where the cooperation takes place at the level of central banks;

12. to exercise the currency regulation with the competence to be defined by a special law, to determine the procedure of effecting payments in the foreign currency, to organise and exercise the currency control over the commercial banks and other credit institutions which are in possession of a National Bank’s license for the transactions with currency values;

13. to ensure the accumulation and custody of the gold and currency reserves and the conduction of transactions with them and the banking metals;

14. to analyze the status of the monetary, crediting, financial, pricing and currency relations;

15. to organize the collection and transportation of bank notes, coins and other values;

16. to implement the national policy of the protection of state secrets within the system of the National Bank;

17. to take part in the training of personnel for Ukraine s banking system;

18. to exercise other functions in the monetary and crediting sphere within its competence defined by the law.

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