Business news from Ukraine

NBU announces implementation of largest package of easing of currency restrictions

The National Bank of Ukraine says it is implementing the largest package of easing currency restrictions for businesses since the start of the full-scale war to improve the conditions for doing business in Ukraine and the entry of domestic businesses into new markets, as well as supporting economic recovery and facilitating the inflow of new investment into the country.

“First, all currency restrictions on imports of works and services are abolished. Second, the ability of businesses to repatriate ‘new’ dividends is ensured. Third, the possibility to transfer funds abroad on leasing/renting is provided,” the NBU said in a press release on Friday evening.

“Fourth, restrictions in terms of repayment of new external loans are relaxed. Fifth, the possibility to repay interest on ‘old’ external loans is provided. Sixth, restrictions in terms of transferring foreign currency from representative offices in favor of their parent companies are relaxed,” the regulator added.

It is specified that these and a number of other technical changes were introduced by the NBU Board Resolution No. 56 of May 3, 2024 to the so-called “military” Resolution No. 18 of February 24, 2022. The vast majority of the document’s provisions come into force from May 4, 2024, and only in terms of repatriation of new dividends – from May 13, 2024.

The regulator believes that this will support Ukrainian producers and provide them with the opportunity to enter foreign markets, which in turn will contribute to a gradual increase in export revenues.

It is indicated that repatriation of dividends by businesses will be allowed only for dividends accrued based on performance after January 1, 2024.

“This relaxation does not apply to the payment of dividends at the expense of retained earnings for previous periods or reserve capital,” emphasized the National Bank.

In addition, the regulator set a monthly limit for repatriation of “new” dividends at EUR1 million equivalent in order to minimize risks to macro-financial stability. It is noted that control over compliance with this norm will be ensured thanks to the NBU’s automated information system “E-limits”.

“Providing an opportunity to repatriate “new” dividends will contribute to the inflow of new investments in Ukraine, minimize the risks of curtailing the activities of enterprises with foreign capital and support the economy,” the National Bank believes.

As for the easing of restrictions on servicing and repayment of “new” foreign loans and repayment of “old”, the NBU has reduced the minimum period of use of the loan, the funds for which come from abroad after June 20, 2023 on the accounts of residents, from three to one year, when reaching which it is allowed to buy foreign currency for its repayment. Thus, the ban on the purchase of foreign currency for repayment of “new” loans will apply to loans for up to one year.

In addition, the NBU will allow businesses, regardless of the period of use of “new” loans to buy foreign currency to pay interest on them.

“All this will contribute to increasing opportunities for Ukrainian businesses to attract new external loans not only from official partners, but also from private investors,” the release said.

Moreover, according to it, resident borrowers will be able to make transfers in foreign currency to repay interest on “old” external loans, which, according to the terms of the agreement, are payable from February 24, 2022. However, under one loan agreement for interest payments overdue as of May 1, 2024, borrowers will be able to transfer no more than 1EUR million equivalent per calendar quarter.

Also, according to the release, legal entities and individual entrepreneurs will be able to transfer funds abroad for settlements under leasing or rental contracts without additional restrictions on the subject of such a contract, as well as the date of its conclusion.

The National Bank reminded that previously such permission was only for leasing or renting vehicles.
Regarding the permission for representative offices of foreign companies to transfer foreign currency to the accounts of parent companies, it is specified that the central bank will allow international card payment systems and foreign airlines to buy and transfer foreign currency abroad to the account of a non-resident legal entity, but for such operations will be set a monthly limit of EUR5 million in equivalent.

According to the regulator, this will contribute to further development of cashless settlements in Ukraine.

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DURING FIRST MONTH OF MARTIAL LAW, MOST INSURANCE COMPANIES IN UKRAINE WERE ABLE TO ORGANIZE WORK AND CONTINUE ACTIVITIES.

The vast majority of Ukrainian insurers in the first month of martial law were able to organize and adjust their work in accordance with the prevailing conditions and continue their activities, the National Bank of Ukraine (NBU) said in a comment to the request of the Interfax-Ukraine news agency.
“The National Bank, as a regulator of non-banking financial services markets, in the first days of the war, developed and sent to all insurers a questionnaire in which market participants provide general information about their activities during martial law. This allows the NBU to understand the situation and take timely measures to maintain the insurance market,” the controller notes.
At the same time, it is specified that there are companies that cannot yet work, given their location, in particular, several insurers in Mariupol and Kharkiv reported that they were temporarily unable to carry out their activities.
As for the registration of insurers in the territory of hostilities, according to information from the State Register of Financial Institutions, 112 insurers are registered in Kiev, more than 100 separate divisions of insurers are registered in Kyiv and the Kiev region, including one division each in Vasilkov, Bucha and Brovary.
There are 5 insurers and more than 40 separate subdivisions of insurers registered in the city of Kharkov, one in Dergachi, Kharkiv region, one insurer and 19 separate subdivisions of insurers are registered in Chernihiv, two insurers and 12 separate subdivisions of insurers are registered in Mariupol, and 18 separate subdivisions of insurers are registered in occupied Kherson. subdivisions of insurers, three – in Nova Kakhovka, Kherson region, in Nikolaev – 20 separate subdivisions of insurers, in Sumy – 16.
Answering the question whether there are preliminary calculations of how much the insurance market could shrink both in terms of quantity and business, the NBU noted that, given the conditions of martial law, a number of measures were taken to ensure the functioning of the financial system of Ukraine. In particular, the NBU extended reporting and decided not to apply measures of influence to non-banking financial services market participants, including insurers, for violation of reporting deadlines, including for 2021. The deadlines (until April 1, 2002) for the submission by insurers of information and documents at the request of the National Bank, sent within the framework of on-site supervision, were also postponed. In addition, the activities of participants in the non-banking financial services market under martial law have been regulated.
“Given the extension of the deadlines for reporting by insurers until April 1, 2022, calculations and conclusions on the reduction of the insurance market can only be made after receiving reports and their analysis for 2021 and the first quarter of 2022. We will definitely publish this information on our website,” noted the regulator.
The regulator also clarified that in order to resolve the issue of obtaining insurance companies the opportunity to purchase short loans secured by government bonds in order to obtain instant liquidity, he turned to the National Commission for Securities and Stock Market (NCSM).
The NSMSC, guided by paragraph 13 of Article 8 of the law “On State Regulation of Capital Markets and Organized Commodity Markets” and in connection with the introduction of martial law in Ukraine, amended Annex No. 2 to its decision No. 144 of March 08, 2022 “On drawing up transactions in the capital markets for the period of martial law” new paragraph: “10. Depository institutions have the right to conduct depository operations in the depository accounting system related to the pledge of government securities in banks, the change and termination of such pledge, as well as the foreclosure of the subject of pledge” .
Answering the question whether the regulator, in connection with the current situation, does not intend to recommend banks to amend the existing deposit agreements of insurers, giving the right to unblock part of the funds necessary, in particular for payments, the NBU noted that the insurance companies that had such a problem are solving it with the National Bank on an individual basis.

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