News (#6 June 2018)

Law digest

Procedure for procurement of energy services regulated for ProZorro

The Government of Ukraine has regulated the issue of using the ProZorro electronic procurement system for the procurement of energy services.

The related changes in the Procedure for electronic procurement system operation and electronic platforms authorization were introduced by Resolution No. 380 of the Cabinet of Ministers of 16 May.

In particular, the concept of the procurement cost was specified. Now, in the course of public procurement of energy services, the sum of remuneration shall be determined depending on the expected procurement cost, or on the price of the energy service contract specified by the bidder in its tender offer.

Earlier, when procuring energy services, the procurement cost was not specified, and so the situation arose when during such tenders it was impossible to calculate the participant's fee for submitting the offer or the operator's remuneration for making a successful tender public.


Updated terms and conditions for issuing licenses tied to using foreign currency as payment

To obtain individual licenses for using non-cash foreign currency as means of payment on the territory of Ukraine, it is no longer necessary to submit certificates by authorized banks containing bank account details that the applicant plans to use in order to carry out currency transactions.

At the same time, the NBU has the right to demand and receive from the applicant additional information, documents necessary to clarify the circumstances of a currency transaction, its content and participants (contracting parties), including the beneficial owners.

The related NBU decision No. 48 of 3 May 2018 came into effect on 5 May.

Furthermore, the regulator may apply to state bodies, institutions, departments, authorized banks and other business entities and individuals to obtain information, documents and opinions regarding the participants of a currency transaction (including those related to the ultimate beneficiary owners), nature and purpose of this transaction, compliance of the transaction’s nature to the essence of the applicant's activities, sources of origin of funds, sufficiency of the applicant's actual financial means to carry out a financial transaction for the appropriate amount, economic expediency of the transaction.

Grounds for refusal to issue a license to the applicant were expanded and amendments thereto were introduced, in particular, such grounds may include: liquidation of the license holder (legal entity) / cancellation of state registration of the license holder (individual entrepreneur) / cancellation of accreditation of the license holder (non-resident representative office in Ukraine); identification of information that the other party to the currency transaction or the person, in whose favor or for the benefit of which the transaction is being carried out, is a legal entity or individual person located, having a place of residence, place of registration in a country recognized as the aggressor/invader state (Russia) and/or included in the list of countries that do not comply with recommendations of international organizations carrying out activities in the field of anti-money laundering, or to which international sanctions have been applied.


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