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 : : Legal Framework
2009-01-01 00:00:00  Print Version



APPROVED

EXTRACT FROM ORDER

of State Committee

for Financial Monitoring of Ukraine

dated December 22, 2006 under  267

 

 

 

 

 

 

 

 

 

 

 

MODAL RULES FOR EXECUTING INTERNAL FINANCIAL MONITORING

BY INSURANCE INSTITUTIONS

 


These Modal Rules for executing financial monitoring by insurance institutions developed for methodological assistance in composing rules for executing internal financial monitoring by initial financial monitoring entities insurance institutions.

These Modal Rules for Executing Internal Financial Monitoring was developed considering structure of insurance institution that consists of 3 separate subdivisions.

Only insurance institution shall submit the information on financial transactions subject to financial monitoring to SCFM of Ukraine.

 

 

1. GENERAL PROVISIONS

The Modal Rules for Executing Internal Financial Monitoring by Insurance institution and its Separate Subdivisions (further the Rules) was developed under the requirements of the Article 5 of the Law of Ukraine On prevention and counteraction to the legalization (laundering) of the proceeds from crime (further the Law) and considering the requirements of other legislative acts on prevention and counteraction to the legalization (laundering) of the proceeds from crime and terrorist financing issues.

The Rules is the internal document of insurance institution which establish the procedure and conditions of executing measures aimed at prevention and counteraction to using it for the legalization (laundering) of the proceeds from crime and financing terrorism.

The Rules and program for executing financial monitoring are the documents with restricted access. The procedure and regime of accessing the employees of insurance institution to these documents shall be established by the compliance officer of insurance institution depending of their functioning obligations and shall be approved by the Head of insurance institution.

The Rules shall include the followings:

Ø        The description of organization of system of internal financial monitoring of insurance institution;

Ø        The general provisions of insurance institution and its separate subdivisions activity on executing financial monitoring issues;

Ø        The requirements to qualification of the compliance officer of insurance institution and separate subdivisions;

Ø        The rights and obligations of the compliance officer of insurance institution (separate subdivision) as well as other employees of insurance institution (separate subdivision) involved to executing financial monitoring;

Ø        The procedure of identification of persons executing financial transactions subject to financial monitoring according to the Law;

Ø        The procedure of taking measures for determining the nature and purpose of financial transactions;

Ø        The procedure of revealing financial transactions subject to financial monitoring and could be related, connected or intended for terrorist financing;

Ø        The procedure of recording financial transactions subject to financial monitoring according to the Law;

Ø        The procedure of suspending executing financial transaction if its participant or beneficiary is person included to the List of persons related to terrorist activity;

Ø        The procedure of refusal of providing executing financial transaction if financial transaction subject to financial monitoring according to the Law;

Ø        The procedure of preparing and submitting to the compliance officer of insurance institution the information necessary for him to take the decision on informing the SCFM of Ukraine and law enforcement authorities according to the legislation;

Ø        The procedure of collecting and storing documents on identification of the persons executing financial transactions and documents on executed financial transactions subject to financial monitoring and/or could be related, connected or intended for terrorist financing;

Ø        The requirements to providing privacy of information about financial transactions subject to financial monitoring and/or could be related, connected or intended for terrorist financing;

Ø        The procedure of acquaintance the employees with internal documents of insurance institution (separate subdivision) on internal financial monitoring issues;

Ø        The procedure of organization and executing educational and practical measures for insurance institution (separate subdivision) employees;

Ø        The procedure of informing the Head of insurance institution on revealed financial transactions subject to financial monitoring and measures could be used for realization the norms of the legislation in the sphere of prevention and counteraction to the legalization (laundering) of the proceeds from crime.

 

 

The main principles of developing these Rules and programs are followings:

Ø        Direct participating of each employee of insurance institution (separate subdivision) within their competence in revealing financial transactions that could be related to the legalization (laundering) of the proceeds from crime or terrorist financing;

Ø        Unprejudice in executing financial monitoring;

Ø        Privacy of information submitting to the SCFM of Ukraine (including about the fact of submitting the information on financial transaction), and other information on financial monitoring issues;

Ø        Prevention of involving employees of insurance institution (separate subdivision) to the legalization (laundering) of the proceeds from crime.

 

2. ORGANIZATIONAL PROVISION OF FINANCIAL MONITORING SYSTEM

Internal financial monitoring is the insurance institution activity on revealing according to the Law financial transactions subject to financial monitoring and other financial transactions that could be related to the legalization (laundering) of the proceeds or terrorist financing.

The Head of the insurance institution shall be responsible for organization of complying requirements of legislation of Ukraine on the legalization (laundering) of the proceeds from crime issues and organization of internal system of prevention to the legalization (laundering) of the proceeds from crime.

The Head of insurance institution shall assign (retire) by his order the compliance officer as well as approve his Job Description.

The compliance officer of separate subdivision shall be assigned in separate subdivision of insurance institution under the presentation of the Head of separate subdivision and with agreement of the compliance officer of insurance institution, by the Head of insurance institution. The compliance officer of separate subdivision shall be accountable only to the Head of separate subdivision.

In case of inexpediency to assign the compliance officer of separate subdivision on separate position, the Head of separate subdivision of insurance institution shall be responsible for executing financial monitoring.

The compliance officer shall be assigned before the moment of executing the first financial transaction in new insurance institution (separate subdivision).

The Head of insurance institution shall inform the SCFM of Ukraine on assignment or retirement the compliance officer of insurance institution (separate subdivision) (or person temporary executing his obligations) during 3 business days.

The form of informing on assignment/retirement the compliance officer (or person temporary executing his obligations) shall be Card of registration of initial financial monitoring entity (separate subdivision) and compliance officers (further Registration Card) for submitting information on paper approved by the Order of SCFM of Ukraine from May 13, 2003 under 48 On approving some record keeping forms and submitting information related to executing financial monitoring, and Instruction on its filling, and for electronically submitting information considering the Order of SCFM of Ukraine from September 28, 2004 under 122 Procedure of appropriation of identifier to the entities of initial financial monitoring for submitting of information to SCFM of Ukraine and submitting information in electronic form by non-banking entities of initial financial monitoring.

The sample of Registration Card with information on assignment/retirement the compliance officer of insurance institution (separate subdivision) (or person temporary executing his obligations) shall be stored with the message on results of its processing (form #3-FM) during 5 years.

If insurance institution or separate subdivision details mentioned in Registration Card have changed, insurance institution shall submit to the SCFM of Ukraine information on such changes during 3 business days.

The compliance officer of insurance institution (separate subdivision) shall be independent in his activity and accountable only to the Head of insurance institution.

The compliance officer of insurance institution shall coordinate measures on executing financial monitoring and supervise over executing financial monitoring in institution. He shall be the Head of Subdivision for Internal Financial Monitoring (if available). Mentioned Subdivision shall act under the Statute on Subdivision for Internal Financial Monitoring approved by the Head of insurance institution.

If the compliance officer of insurance institution (separate subdivision) is absent or is impossible to execute his obligations (vacation, illness, business trip etc.) the Head of insurance institution (separate subdivision) shall assign person temporary executing the obligations of the compliance officer. Person temporary executing obligations of the compliance officer of insurance institution (separate subdivision) shall have the rights and obligations of the compliance officer of insurance institution (separate subdivision).

The compliance officer of insurance institution (separate subdivision) shall execute his job responsibilities under the Job description approved by the Head of insurance institution.

If the compliance officer disagrees with guidance of the Head of insurance institution on organization of system of prevention to the legalization (laundering) of the proceeds from crime and other issues of financial monitoring, the compliance officer could inform about it the SCFM of Ukraine and State Commission for Financial Service Market Regulation with his written objections.

 

3. REQUIREMENTS TO QUALIFICATION OF THE COMPLIANCE OFFICER

The compliance officer of insurance institution (separate subdivision) shall have higher education (specialist or masters degree) and experience of work in the sphere of financial services for one year at least.

The following person cant be assigned the compliance officer of insurance institution:

who has previous non-cancelled conviction for deliberate crime;

who doesnt work for insurance institution (separate subdivision).

The compliance officer of insurance institution (separate subdivision) shall know the following:

the legislation regulating relations in the sphere of prevention and counteraction to the legalization of the proceeds from crime and terrorist financing, particularly:

Ø        The Law of Ukraine On prevention and counteraction to the legalization (laundering) of the proceeds from crime;

Ø        The Law of Ukraine On financial services and state regulation of financial services markets;

Ø      The Law of Ukraine On insurance;

Ø        Resolution of Cabinet of Ministers of Ukraine from April 26, 2003 under 644 Procedure of registration of financial transactions by the initial financial monitoring entities;

Ø                   Resolution of Cabinet of Ministers of Ukraine from April 26, 2003 under 645 Procedure of determining NCCT;

Ø                 Resolution of Cabinet of Ministers of Ukraine from April 26, 2003 under 646 Procedure of registration by the State Committee for Financial Monitoring financial transactions subject to obligatory financial monitoring;

Ø                 Directive of State Commission for Financial Services Market Regulation of Ukraine from August 05, 2003 under 25 Statute on executing financial monitoring by financial institutions;

Ø                 Directive of State Commission for Financial Services Market Regulation of Ukraine from August 21, 2003 under 37 Typical Program for Revising Insurers and insurance intermedieries;

Ø                 Directive of State Commission for Financial Services Market Regulation of Ukraine from September 16, 2003 under 55 Statute on procedure of studying the Heads of separate subdivisions of financial institutions responsible for executing internal financial monitoring;

Ø                 Directive of Cabinet of Ministers of Ukraine from July 17, 2003 under 419-r On NCCT;

Ø        Directive of Cabinet of Ministers of Ukraine from February 24, 2003 under  77-r List of offshore zones;

normative legal acts of SCFM of Ukraine and other state financial monitoring entities that supervise over institution activity according to the legislation;

the full list of types of financial transactions executing by insurance institution (separate subdivision), the procedure of their executing;

the job descriptions and functional responsibilities of insurance institution (separate subdivision) employees participating to providing financial transactions;

the rules for executing internal financial monitoring and program of its executing;

the legislation norms foreseeing criminal, administrative and civil responsibility for violations of the Law.

The compliance officer of insurance institution (separate subdivision) shall know and have skills on implementing the followings in practical activity:

Ø        procedure of identifying persons executing financial transactions;

Ø        procedure of storing documents concerning identification of persons executing financial transactions subject to financial monitoring according to the Law and all documents about executed financial transactions;

Ø        procedure of revealing financial transactions subject to financial monitoring and/or could be related to, connected or intended for terrorist financing;

Ø        criteria on assessing ML/FT risk of financial transaction executing by customer;

Ø                  signs of financial transactions subject to obligatory financial monitoring;

Ø                 signs of financial transactions subject to internal financial monitoring;

Ø        procedure of keeping register of financial transactions subject to financial monitoring;

Ø        procedure of submitting to the SCFM of Ukraine information about financial transactions subject to financial monitoring;

Ø        procedure of informing the SCFM of Ukraine and law enforcement authorities about financial transactions, suspicious to be related to, connected or intended for financing terrorist activity, terrorist acts or terrorist organizations;

Ø        procedure of suspending financial transactions participant or beneficiary of which is person included in List of persons related to terrorist activity;

Ø        requirements on prevention of disclosing information submitting to the SCFM of Ukraine, and other information on financial monitoring issues including the fact of submitting.

 

4. RIGHTS AND RESPONSIBILITIES OF THE COMPLIANCE OFFICER

The job responsibilities of the compliance officer of insurance institution shall include particularly the followings:

Ø        Developing and permanent renewal of internal financial monitoring rules and program;

Ø        Providing complying of the internal financial monitoring rules and program by the employees of insurance institution (separate subdivision) executing financial transactions;

Ø        Providing training and consulting personnel of insurance institution (separate subdivision) on revealing financial transactions subject to financial monitoring through educational and practical measures;

Ø        Taking decisions on registration and, directly, registration of financial transactions subject to financial monitoring;

Ø        Taking decisions on what financial transactions shall be the SCFM of Ukraine informed about and relevant informing;

Ø        Providing submitting information on financial monitoring issues under the requests of the SCFM of Ukraine;

Ø        Assistance to representatives of the SCFM of Ukraine and the State Commission for Financial Services Market Regulation on analyzing financial transactions subject to financial monitoring issues;

Ø        Developing criteria of risk assessing ML financial transaction by the customer;

Ø                  Taking decision on suspending financial transaction (according to internal procedures of insurance institution) participant or beneficiary of which is person included to List of persons related to terrorist activity;

Ø                 Taking decision on renewal of financial transaction participant or beneficiary of which is person included to List of persons related to terrorist activity;

Ø        Every month, the fifth day of next month at least (another date could be established in Rules for internal financial monitoring by insurance institution), the compliance officer of insurance institution shall inform the Head of insurance institution on complying the legislation norms and internal documents of insurance institution in the sphere of prevention and counteraction to the legalization (laundering) of the proceeds from crime.

The compliance officer of insurance institution shall have the following rights:

Ø        Execute revisions insurance institution (separate subdivision) activity and all employees on complying internal financial monitoring rules and program;

Ø        Attraction of any insurance institution (separate subdivision) employees to revisions on internal financial monitoring issues, assignment them commission and instructions obligatory for execution within the competence as well as demand for assistance in executing individual actions;

Ø        Receive the explanations from insurance institution (separate subdivision) employees independently of positions on executing internal financial monitoring issues;

Ø        Submit to the Head of insurance institution under the revision results information on revealed violations of requirements of the legislation in the sphere of counteraction to the legalization (laundering) of the proceeds from crime and terrorist financing by insurance institution (separate subdivision) employees;

Ø        Take decision under agreement of the Head of insurance institution on refusal of providing financial transaction and inform SCFM of Ukraine about such transaction;

Ø        While executing revision, receive access to all premises and documents of insurance institution (separate subdivision) and information related to executing financial monitoring.

The compliance officer of insurance institution shall execute other functions according to the legislation of Ukraine, internal financial monitoring rules, program for executing financial monitoring and other internal documents on counteraction to the legalization of the proceeds from crime and terrorist financing issues.

The job responsibilities of the compliance officer of separate subdivision of insurance institution shall include the followings:

Ø        Submitting to the compliance officer of insurance institution proposals on developing and renewing of the Rules and Program for executing internal financial monitoring;

Ø        Providing preparing and education of separate subdivision personnel on revealing financial transactions subject to financial monitoring through educational and practical measures;

Ø        Providing complying the Rules and Program for executing internal financial monitoring by the employees of separate subdivision;

Ø        Record keeping of revealed in separate subdivision financial transactions subject to financial monitoring (the compliance officer of insurance institution shall provide recording);

Ø        Performing other obligations prescribed by the Law and Job Description of the compliance officer of separate subdivision.

The compliance officer of separate subdivision of insurance institution shall have the following rights:

Ø        To execute revisions of separate subdivision and employees activity on complying the Rules and Program for internal financial monitoring;

Ø        To involve to revisions on financial monitoring issues any employees of separate subdivision independently from positions, to give them the commissions and instructions within their competence obligatory for execution;

Ø        To access to all premises and documents of separate subdivision as well as to information related to execution of financial monitoring.

The compliance officer of insurance institution (separate subdivision) shall organize and hold relevant education for providing relevant level of insurance institution (separate subdivision) personnel training on executing financial monitoring issues.

Education of employees depending on their job responsibilities shall be performed through holding educational and practical training on the following directions:

Ø        acquaintance of insurance institution (separate subdivision) employees with international AML/CFT standards, particularly, FATF 40 Recommendations and FATF 9 Special Recommendations;

Ø        acquaintance of employees with AML/CFT requirements of the legislation of Ukraine;

Ø        acquaintance of employees with requirements of insurance institution internal documents on financial monitoring issues,

Ø                  studying of progressive experience on revealing financial transactions that could be related to the legalization (laundering) of the proceeds from crime and terrorist financing;

Ø                 acquaintance with measures and means for studying customers and examining identification information.

The compliance officer of insurance institution (separate subdivision) shall held practical trainings on progressive experience studying on the following directions:

Ø        Revealing financial transactions that could be related to the legalization (laundering) of the proceeds from crime and terrorist financing;

Ø        Acquaintance with means and methods of studying customers and examining identification information;

Ø                  Identification of persons executing financial transactions subject to financial monitoring according to the Law;

Ø                 Revealing financial transactions subject to obligatory and internal financial monitoring and that could be related to, connected to or intended for financing terrorist;

Ø        Taking measures on determining nature and purpose of executing financial transaction subject to financial monitoring;

Ø        Preparing and submitting to the compliance officer of insurance institution (separate subdivision) information about financial transaction (in form established by the compliance officer) necessary for him to take decision about registration;

Ø        Procedure of suspending financial transaction if participant or beneficiary of which is person included to List of persons related to terrorist activity;

Ø        Storing of documents concerning identification of persons executed financial transaction subject to financial monitoring according to the Law and all documents about executing financial transaction;

Ø        Providing measures on preventing disclosing information submitting to the SCFM of Ukraine and other information on financial monitoring issues (including persons whose financial transactions financial monitoring is executing about);

Ø        Explanation and analyses of the most broadened schedules of the legalization (laundering) of the proceeds from crime concerning insurance institution activity.

Personnel training shall be held under the schedule approved by the Head of insurance institution. Schedule shall be added to Program for personnel training on financial monitoring issues and shall be it integral part.

For professional training the compliance officer of insurance institution shall be obliged to pass training once per year at least. Extraordinarily training of the compliance officer shall be held independently on previous trainings under grounded recommendation of State Commission for Financial Services Market Regulation of Ukraine. 

5. PROCEDURE OF CUTOMER IDENTIFICATION AND STUDYING

For providing appropriate realization of initial financial monitoring entity functions by insurance institution, the Head of insurance institution with the compliance officer shall determine the authorized employees responsible for identification and studying customers, and for issuance of customer case.

According to internal procedures the authorized employee or the compliance officer shall identify customers.

Procedure of identification of persons executing financial transactions subject to financial monitoring according to the Law shall include:

Procedure of initial identification of person;

Procedure of taking measures on examining identifying information;

Procedure of taking measures on examining and additional studying information about customer and person acting in his name in case if there are doubts on authenticity of such information considering risk of legalization of the proceeds from crime or terrorist financing;

Measures on additional identification of person;

Measures on executing identification of person in case of changing information necessary for identification or if the validity of identifying documents is over;

Procedure of providing documentary fixing of customer information (customer card filling);

Criteria for classification of persons, description of ML/FT high-risk types of persons.

For identification and studying of customers, authorized employee (the compliance officer) on the ground of submitted originals or certified copies of originals of documents shall identify persons executing financial transactions subject to financial monitoring according to the Law. Such documents shall be valid at the moment of their submitting to insurance institution (separate subdivision).

Providing initial identification, first of all, shall be clarified if customer includes to List of persons related to terrorist activity.

Authorized employee (the compliance officer) shall be obliged to identify the following person:

who concludes the agreement on insurance services;

who executes financial transactions subject to financial monitoring according to the Law.

If person acts as representative of other person or authorized employee (the compliance officer) has suspicions that such person acts in the name of other person, or beneficiary is other person, authorized employee (the compliance officer) shall be obliged to identify person in the name of which financial transaction is executing or beneficiary, representative.

Insurance institution (separate subdivision) shall provide services only after identification of customers according to the following requirements:

Of the Article 6 of the Law of Ukraine On prevention and counteraction to the legalization (laundering) of the proceeds from crime;

Of the Article 18 of the Law of Ukraine On financial services and state regulation of financial services markets.

The followings shall be determined for identifying residents:

For natural persons surname, name, patronymic; birth date; series and number of passport (or other identifying document birth certificate, sailor passport, military card, driving license etc.), issuing date and authority; location; identification number under State Register of natural persons tax payers.

If natural person refused of receiving identification number under religious motives, the relevant mark of tax authority shall be done in passport of such person.

For legal persons name, location, documents on approving state registration (including statutory documents statute, information about officials and their responsibilities etc.), identification number according to Unified State Register of enterprises and organizations of Ukraine, requisites of bank in which account is opened and bank account number.

 The followings shall be determined for identifying nonresidents:

For natural persons surname, name, patronymic (if available); birth date; series and number of passport (or other identifying document), issuing date and authority; citizenship; location or place of temporary staying.

For legal persons full name, location and requisites of bank in which account is opened, and bank account number. Extract from trading, banking or judicial register or notary certified certificate of foreign authorized agency on registration of relevant legal person shall be submitted to insurance institution.

Certified copies of identifying documents of legal or natural persons as well as identifying customer card shall be stored in case for 5 years.

Identification of person shall be not obligatory if person, who executes financial transaction, was previously identified by insurance institution (separate subdivision) according to the actual legislation of Ukraine.

Additional documents and data related to identification shall also be stored in customer case.

Examining statutory documents of legal person and documents approving state registration, attention shall be paid to the followings:

          execution of statutory documents (considering all recorded changes);

          complement of legal person founders and related persons;

          structure of administration bodies and their responsibilities;

          amount of registered and paid statutory fund;

          compliance of financial transaction to usual customer activity;

          types of activity and transactions executing by customer.

If customer refuses to submit necessary identifying information, insurance institution (separate subdivision) shall refuse to provide services and to open account, and if available previously opened accounts refuse to provide services and/or shall not conclude the agreement on servicing.

The compliance officer of insurance institution shall develop the ML/FT criteria of customers financial transaction which shall be submitted to approval of the Head of insurance institution.

Approximate list of ML risk criteria which non-banking institution can use in it practical activity shall be the following:

1) Foreign counteragents residents of countries (territories) about which the following is known from reliable sources:

Ø       Doesnt comply international standards on combating with the legalization (laundering) of the proceeds from crime;

Ø       Doesnt foresee disclosure or submitting information on financial transactions;

Ø       Doesnt execute FATF Recommendations;

Ø       Are countries (territories) in which war actions are held;

Ø       Are offshore zones;

Ø       Are countries (territories) that doesnt participate in international cooperation in the sphere of prevention and counteraction to the legalization (laundering) of the proceeds from crime and terrorist financing.

) If in financial transaction participates the person who:

Ø       Is (was) widely authorized official;

Ø Executes transferring funds, cashing cheques but such person is not financial institution;

Ø                  Executes foreign economic transactions;

Ø                 Provides tourist activity;

Ø       Receives financial help from nonresidents or gives financial help to nonresidents.

If possibility of executing by the person transactions related to the legalization (laundering) of the proceeds from crime or terrorist financing is assessing by insurance institution (separate subdivision) as high, more attention shall be focused on such transactions and authorized employee (the compliance officer) shall specify information received from identification and studying customer at least once per year. For other customers the term of specifying information shall not exceed 3 years.

Customer classification on ML/FT risk shall be provided by the compliance officer considering their reputation, sphere and period of activity on market.

Obligatory specification of identifying and studying information of the customer shall be performed if there were following changes:

In statutory documents;

Owners of legal person;

Owner of essential part in legal person;

Location of legal or natural person;

If term of validity of previously submitted documents is over.

Identification of following natural persons founders shall be provided for studying customers:

Joint-stock companies, limited liability companies, additional liability companies, general partnerships.

Natural and legal persons applied for services to non-banking institution shall be identified. In addition, all levels of founders of legal persons shall be identified according the following scheme:

- in case if founders of legal person are only natural persons, all natural persons owned 10% and more of statutory fund shall be identified (statute of customer legal person contain necessary information on natural persons - founders);

- in case if founder of legal person is another legal person that own 10% of statutory fund or several such persons, natural persons who owns 50% and more of statutory funds of such persons shall be identified (for receiving additional information the reference of free form can be given with mentioning identifying data about founders natural persons with signatures of officials of customer legal person and signet of enterprise);

- in case if founder of legal person is another legal person that own 10% of statutory fund (according to internal procedures) founders of first level, and in founders of this legal person present legal persons that own 50% of statutory fund of fist level founders founders of second level, all natural persons founders of third level who owns 50% of statutory funds of legal persons second level founders shall be identified.

The compliance officer who provides identification in the presence of customer natural person shall make copies of identifying documents. Copies shall be certified by signatures of authorized employee (the compliance officer) and customer. The compliance officer of separate subdivision shall write on document true copy.

If there are suspicions that person acts in name of other person, employees of insurance institution (separate subdivision) shall be prohibited to conclude agreement relations with such person. Such requirement doesnt apply to persons who act under power of attorney.

Authorized employee (the compliance officer) for additional studying the customer shall have the right to request from customer other documents and information necessary for determining the nature of his activity and financial condition.

Documental fixing of initial identification shall be provided by relevant customer card under established by insurance institution form and such card shall be added to customer case. The authorized employee (the compliance officer) who executes identifying and additional studying of the customer shall compose and sign relevant customer card.

Given in annexes 2-5 forms of cards are recommended. According to internal procedures and need of insurance institution they can be amended with additional sections.

Composing such card, information recorded by compliance officer to register of financial transactions subject to financial monitoring (form #2-FM) shall be considered.

The customer card shall be internal document of insurance institution.

In case of necessity to precise information about customer, authorized employee (the compliance officer) shall be obliged to record changes in customer information the same day he receive information on such changes. Copies of documents certifying mentioned changes as well as written references, answers on letters requests shall be added to customer case.

For detail studying of customer, clarifying the nature and purpose of his activity, financial condition, according to internal procedures authorized employee (the compliance officer) shall prepare and submit the letters requests to the Head of insurance institution with application:

To customer submit information prescribed by internal procedures of insurance institution relating such person and it leadership;

To state power authorities regulating and/or supervising over such legal persons activity submit relevant information;

To banks and other legal persons submit relevant information.

Authorized employee (the compliance officer) shall send the letter request to customer with application to submit additional information. The list of documents necessary for precise additional information shall be mentioned in the letter - request. Procedure of request, the term for answer on the letter request to customer shall be established according to internal procedures.

Information concerning identification of persons who executed financial transaction subject to financial monitoring according to the Law and all documents shall be stored for 5 years after executing such financial transaction.

 


6. PROCEDURE OF REVEALING AND RECORDING FINANCIAL TRANSACTIONS SUBJECT TO FINANCIAL MONITORING

Employee of insurance institution (separate subdivision) directly participating in providing financial transaction shall perform the following:

Revealing financial transactions subject to financial monitoring and that could be related to, connected to or intended for terrorist financing;

Preparing and submitting to the compliance officer of insurance institution (separate subdivision) additional information necessary for taking decision on recording financial transaction;

Determining the nature and purpose of financial transaction subject to financial monitoring;

Collecting and storing documents related to identification of persons executing financial transactions and documents on executed financial transactions subject to financial monitoring and could be related to, connected to or intended for terrorist financing;

Providing measures on prevention to disclosure (including person whose financial transactions subject to examining) information submitting to the SCFM of Ukraine and other information on financial monitoring issues (including the fact of submitting such information).

Employees of insurance institution (separate subdivision), before executing, when concluding the agreement as well as while servicing customer, shall analyze financial transactions for revealing transactions subject to financial monitoring according to the legislation in the sphere of prevention to the legalization of the proceeds from crime.

Before executing the financial transaction but the next business day at least the employee of non-banking institution, who provides financial transaction or the compliance officer, shall clarify the opportunity to consider this financial transaction subject to financial monitoring according to the Law, and if such transaction was revealed shall record it the same day.

A financial transaction shall be subject to obligatory financial monitoring if its amount equals or exceeds UAH 80,000, or equals or exceeds the sum in foreign currency equivalent to UAH 80,000 if such financial transaction also has one or more indications:

Ø       transfer of funds to account opened with a financial institution in a country included into the list of offshore zones by the Cabinet of Ministers of Ukraine;

Ø                  placement of precious stones to a pawnshop;

Ø                  placement of other valuables to a pawnshop;

Ø                  carrying out financial transactions with bearer securities not placed in depositaries;

Ø                  placement funds to account in case when at least one of the parties is a natural person or legal entity that is registered, located or resident in a country (territory) that does not take part in international cooperation in the area of prevention and counteraction of the legalization (laundering) of the proceeds from crime and terrorist financing, or if one of the parties has an account with a bank registered in such country (territory);

Ø                  transfer funds to account in case when at least one of the parties is a natural person or legal entity that is registered, located or resident in a country (territory) that does not take part in international cooperation in the area of prevention and counteraction of the legalization (laundering) of the proceeds from crime and terrorist financing, or if one of the parties has an account with a bank registered in such country (territory);

Ø        Purchase of securities for cash;

Ø        Placement of funds to an account in cash with their subsequent transfer to another person during the same or the next trading day;

Ø       Opening an account with placing the funds to it for the benefit of a third person;

Ø       Placement of funds to an account or writing off the funds from an account of the legal entity which period of activity does not exceed three months from the day of registration of such entity, or placement of funds to an account or writing off the funds from an account of the legal entity provided the transactions on such account were not conducted from the date of its opening;

Ø Payment of insurance compensation to a person;

Ø Receipt of insurance premium;

Ø granting or receiving a credit (loan) when at least one of the parties is a natural person or legal entity that is registered, located or resident in a country (territory) that does not take part in international cooperation in the area of prevention and counteraction of the legalization (laundering) of the proceeds from crime and terrorist financing.

A financial transaction shall be subject to internal financial monitoring if it has one or more following indications:

Ø        single-time sale (purchase) by a person of a large block of shares that do not freely circulate at organized market provided the person is not a professional operator at securities market and the securities are not given to the person as compensation for the arrears of a counteragent;

Ø        non-standard or excessively complicated financial transaction that has no evident economic sense or obvious legal aim;

Ø        payment of commission (payment for conducting financial transactions with this persons funds) in the amount that is higher than that the one fixed by the entity of initial financial monitoring in terms of similar deposits and financial transactions;

Ø        person submits unverifiable information;

Ø                  acceptance of funds (payment documents for payment of such funds) from a person that transfers the funds to another party of a civil law agreement, which results in return of funds without conducting of a financial transaction due to the failure to locate such other party

Ø                 Non-compliance of a financial transaction with the activity of legal person defined by statutory documents of such person;

Ø                 sudden increase of the account balance amount not directly connected with the persons activity with further transfer of such amount to another entity of initial financial monitoring;

Ø                 absence of clear connection between the nature and kinds of a persons activities with the services for which the customer applies to an entity of initial financial monitoring;

Ø                 regular placement of cash to a persons account, with further transfer of the entire sum or its bigger part within one trading day or the next day to non-resident.

Internal financial monitoring can also be applied to other financial transactions, when the compliance officer of insurance institution (separate subdivision) has grounds to believe that a financial transaction is aimed at legalization (laundering) of proceeds.

For determining additional signs of financial transactions subject to internal financial monitoring, insurance institution (separate subdivision) can use signs prescribed in annex 1.

Before executing the financial transaction but the next business day at least the employee of insurance institution, who provides financial transaction, or the compliance officer shall clarify the opportunity to consider this financial transaction subject to financial monitoring according to the Law.

If such transaction was revealed, employee of insurance institution shall inform in written form the compliance officer of insurance institution the same day, and the employee of separate subdivision shall inform the compliance officer of separate subdivision who shall inform the compliance officer of insurance institution.

The compliance officer of insurance institution after examining and confirming received information shall record such transaction the same day.

The compliance officer of insurance institution shall provide recording of financial transactions subject to financial monitoring in the Register which is composing and keeping by the compliance officer of insurance institution and is electronic or written document of established structure.

The Register is the totality of data on financial transactions subject to financial monitoring and their participants.

Procedure of submitting information on revealed financial transaction from employee of insurance institution to the compliance officer of insurance institution as well as from employee of separate subdivision to the compliance officer of separate subdivision and, further, to the compliance officer of insurance institution shall be regulated by internal procedures of insurance institution.

The compliance officer of insurance institution shall provide recording of financial transactions subject to financial monitoring in the Register of financial transactions subject to financial monitoring of established form (form #2-FM) (further the Register).

The format, structure of the Register, reference book of codes and the procedure of submitting the information on paper are established by the Order of SCFM of Ukraine from May 13, 2003 under 48 On execution of certain forms relevant to financial monitoring and Instructions for their filling in. The procedure of submitting information in electronic form approved by the Order of SCFM of Ukraine from September 28, 2004 under 122 Procedure of appropriation of identifier to the entities of initial financial monitoring for submitting of information to SCFM of Ukraine.

For each record in the Register the serial number and time and date of recording shall be assigned as well as the position, surname, name and patronymic of the compliance officer of insurance institution who made the record shall be written. The Register shall have the continuous numbering from the beginning registration of the first financial transaction.

In case taking the decision by the compliance officer of insurance institution on inexpediency of informing the SCFM of Ukraine about the financial transaction subject to initial financial monitoring, the compliance officer shall compose the written reference note where he grounds his decision. Reference note particularly shall include the composing date, serial number of the financial transaction in the Register, the results of taken measures on clarifying nature and purpose of executing this financial transaction by the client and signature of the compliance officer.

If the compliance officer of insurance institution has grounded suspicious that revealed financial transaction is executing for the legalization (laundering) of the proceeds from crime, he shall submit information on such financial transaction to the SCFM of Ukraine.

The compliance officer of insurance institution shall be personally responsible for protection the Register from damaging, unsanctioned access, modification or distortion of data. Correction of data included to the Register shall be prohibited.

In the case of necessity to correct noisy data in the Register on individual financial transaction, informational field of the Register consisting data on this financial transaction shall be amended with the note of its canceling and new note shall be added to the Register about this financial transaction with new number and date of registration and submitted to the SCFM of Ukraine in new information reference during 3 business days from the refusal in recording previous reference date.

Every day if new records is made to the Register, all new records or changed during business day records shall be printed. Printed pages of the Register shall be certified with signature of the Head or the compliance officer of insurance institution.

Up to fifth day of each month, printed pages of the Register for previous month shall be formed by the dates, stringed and certified by the signature of the Head or the compliance officer and by the signet of insurance institution and shall be stored for 5 years.

On the first page of the case shall be written the name of insurance institution, number of case under nomenclature, first and last record numbers, first and last financial transaction registration dates, number of pages in case.

 

7. SUBMITTING INFORMATION ON REVEALED FINANCIAL TRANSACTIONS TO THE COMPLIANCE OFFICER OF INSURANCE INSTITUTION BY THE COMPLIANCE OFFICER OF SEPARATE SUBDIVISION

If employee of separate subdivision who executes or provide financial transaction clarifies that financial transaction subject to financial monitoring, he shall compose the reference on revealed financial transaction the same day (the pattern shall be established by the compliance officer of insurance institution) and the same day shall submit it and documents under the grounds of which financial transaction is executing/was executed to the compliance officer of separate subdivision. The compliance officer of separate subdivision after examining received reference and documents (if available) on revealed financial transaction shall submit information to the compliance officer of insurance institution for taking the decision on recording this financial transaction.

Separate subdivision, which independently doesnt submit information on financial transactions to SCFM of Ukraine, shall provide record keeping of financial transactions subject to financial monitoring under requisites prescribed by the Register.

With this purpose the compliance officer of separate subdivision shall keep the Journal of recording financial transactions that could be related to the legalization (laundering) of the proceeds (further the Journal) under requisites prescribed by the Register.

The extract from the Journal with information on revealed financial transaction by the compliance officer of separate subdivision shall be submitted to the compliance officer of insurance institution according to the internal procedures of insurance institution (by electronic means, by special delivery or by other available means). The measures on protection information from access of third persons shall be applied. The compliance officer of insurance institution shall register the revealed in separate subdivision financial transaction and shall take the decision on informing/non-informing (if financial transaction subject to internal financial monitoring) SCFM of Ukraine.

After recording of financial transaction, the compliance officer of insurance institution shall submit to relevant separate subdivision information on financial transaction recording, in particular, the sequence number of financial transaction recording in the register of insurance institution.  After receiving such information the compliance officer of separate subdivision shall write to the Journal the sequence number of financial transaction recording in the register of insurance institution.

 

8. PROCEDURE OF SUBMITTING TO THE SCFM OF UKRAINE THE INFORMATION ON FINANCIAL TRANSACTIONS SUBJECT OT FINANCIAL MONITORING

Information submitting by the insurance institution under information received from separate subdivision shall contain the requisites prescribed in this Section. The list of necessary requisites shall be determined by SCFM of Ukraine.

Procedure of submitting information on financial transaction subject to financial monitoring to SCFM of Ukraine by insurance institution shall be established by the Resolution of Cabinet of Ministers of Ukraine from April 26, 2003 under 644 On approving the Procedure of recording financial transactions by the entities of initial financial monitoring.

The format, structure of the Register, reference book of codes and the procedure of submitting the information on paper are established by the Order of SCFM of Ukraine from May 13, 2003 under 48 On execution of certain forms relevant to financial monitoring and Instructions for their filling in.

The procedure of submitting information in electronic form approved by the Order of SCFM of Ukraine from September 28, 2004 under 122 Procedure of appropriation of identifier to the entities of initial financial monitoring for submitting of information to SCFM of Ukraine and submitting information in electronically form by the non-banking entities of the initial financial monitoring.

The scheme of submitting information to SCFM of Ukraine:

 

 

 

 

 

 

 

Information on each financial transaction submitting to the SCFM of Ukraine in electronic form as file reference shall be signed with electronic digital signature of the compliance officer of insurance institution (the person temporary executing his responsibilities).

Information on financial transactions subject to financial monitoring submitting to the SCFM of Ukraine on paper shall be signed by the compliance officer of insurance institution.

In case of receiving from the SCFM of Ukraine file receipt with codes of mistakes on separate financial transaction submitted in file reference or on file reference as a whole, the compliance officer of insurance institution shall analyze the reasons of mistakes, provide correcting mistakes and submit information on these financial transactions as new file reference again to the SCFM of Ukraine. The procedure of correcting (canceling) mistakes established in the Section 6 of the Rules.

File receipt with zero codes of mistakes shall be the approval that this transaction is recorded by the SCFM of Ukraine. Copies of references submitted to the SCFM of Ukraine shall be stored by insurance institution in electronic form for 5 years.

In case of receiving from the SCFM of Ukraine the form 5 FM Notification on recording financial transaction or refusal of recording by SCFM of Ukraine with sign on refusal of recording information in connection with its improperly execution, the compliance officer of insurance institution shall be obliged in 3 business days submit properly executed information to SCFM of Ukraine again.

Information on magnetic medium or on paper shall be submitted to SCFM of Ukraine by the post with delivery report or by special delivery providing measures that exclude uncontrolled access to such information during delivery.

Information that is submitting shall be information with restricted access. Safety of information while submitting it to SCFM of Ukraine shall be provided according to the legislation.

The requirements for submitting information, reference book of codes, communication channels for submitting information shall be determined by SCFM of Ukraine.

 

9. PROCEDURE OF REVEALING AND SUSPENDING THE TRANSACTION PARTICIPANT OR BENEFICIARY OF WHICH IS PERSON INCLUDED TO LIST OF PERSONS RELATED TO TERRORIST ACTIVITY

For providing complying the requirements of the Article 121 of the Law on suspending financial transactions related to terrorist activity, employee of insurance institution (separate subdivision) before executing each financial transaction shall examine presence among participants or beneficiaries of such transaction persons included to List of persons related to terrorist activity.

If there are persons included to List of persons related to terrorist activity among participants, information on such transaction shall be immediately submitted to the compliance officer of insurance institution.

Submitting information from separate subdivision to non-banking institution shall be provided in procedure prescribed by Section 7 of these Rules.

The compliance officer of insurance institution shall suspend financial transaction participant or beneficiary of which is person included to List of persons related to terrorist activity up to 2 business days.

Decision on suspending such financial transaction shall be taken by the compliance officer of insurance institution according to internal procedures of insurance institution through composing written commission which is obligatory to execute by all employees of insurance institution and separate subdivisions providing financial transactions. The sample of written commission shall be developed by the compliance officer of insurance institution and approved by the Head of insurance institution.

In case of taking decision on suspending financial transaction insurance institution shall inform SCFM of Ukraine the same day. Information shall be submitted to SCFM of Ukraine in electronic form by the communication channels, on magnetic medium or, by the agreement of SCFM of Ukraine, on paper. Information shall be submitted to SCFM of Ukraine providing measures that exclude uncontrolled access to such information during delivery. The day of submitting information the compliance officer shall be obliged to insure that submitted information is received by SCFM of Ukraine. Procedure of suspending financial transactions shall be established by State Commission for Financial Services Market Regulation of Ukraine which regulates and supervises over insurance institution activity within it competence.

Reference on suspending financial transaction shall be submitted to SCFM of Ukraine in electronic form by communication channels and certified by electronic signature under prescribed by legislation procedure. In case if institution submits to SCFM of Ukraine information on suspending financial transaction on paper, such reference shall be submitted to SCFM of Ukraine on paper or by fax.

The compliance officer shall be obliged to insure that submitted information is received by SCFM of Ukraine the next business day at least.

In case of non-receiving decision of SCFM of Ukraine on further suspending financial transaction by insurance institution in 2 business days, the compliance officer shall take decision on renewal of such financial transaction.

In case of receiving decision of SCFM of Ukraine on further suspending relevant financial transaction, the compliance officer of insurance institution shall provide according to internal procedures further suspending financial transaction or renewal of such financial transaction.

SCFM of Ukraine can take decision on further suspending such financial transaction for the term of up to 5 business days, it shall be obliged to inform insurance institution and relevant law enforcement authorities prescribed by the legislation about this. In case of termination the term for further suspending financial transaction mentioned in relevant decision of SCFM of Ukraine, the compliance officer shall take decision on renewal of such financial transaction.

The total term of suspending financial transaction cant exceed 7 business days from the moment of receiving by insurance institution documents on grounds of which financial transaction executes.

SCFM of Ukraine shall inform insurance institution about List of persons related to terrorist activity, and List of persons related to terrorist activity is available on the web-site of SCFM of Ukraine (www.sdfm.gov.ua) in section List of persons related to terrorist activity.


10. PROCEDURE OF REFUSAL OF PROVIDING FINANCIAL TRANSACTION AND SUBMITTING INFORMATION ON SUCH TRANSACTION TO SCFM OF UKRAINE

Before executing the financial transaction but the next business day at least the employee of insurance institution, who provides financial transaction, shall clarify the opportunity to consider this financial transaction subject to financial monitoring according to the Law. In case of revealing such financial transaction employee of insurance institution shall immediately inform the compliance officer of about it.

According to the Part 2 of the Article 7 of the Law the compliance officer of insurance institution shall have the right to refuse of executing or providing financial transaction if established that such financial transaction subject to financial monitoring according to the Law and shall be obliged to identify persons who want to execute mentioned financial transaction and inform SCFM of Ukraine about these persons and nature of this transaction.

The compliance officer of insurance institution shall obligatory inform the Head of about taken decision on refusal of executing or providing financial transaction subject to financial monitoring according to the Law, and only after that the compliance officer of insurance institution shall submit written commission to the employee of insurance institution (separate subdivision) who executes such financial transaction.

If employee of insurance institution (separate subdivision) after receiving relevant written commission refuses customer in executing financial transaction subject to financial monitoring, employee of insurance institution (separate subdivision) shall return customer documents without execution.

If financial transaction executes in separate subdivision the compliance officer of separate subdivision shall inform the compliance officer of insurance institution on executing financial transaction subject to financial monitoring according to the Law and on persons who executed or waned to execute such financial transaction, and the character of such financial transaction under procedure prescribed by the Clause 7 of this Rules.

Employee of insurance institution (separate subdivision) in case of refusal of executing financial transaction shall be obliged to identify persons who executes mentioned financial transaction and clarify it nature. 

If the employee of insurance institution (separate subdivision) after receiving relevant written commission shall return to customer documents without execution with written grounding of refusal of executing financial transaction subject to financial monitoring (with obligatory reference on the Part 2 of the Article 7 of the Law) and shall write the date of returning of documents (shall be certified by the signature of employee and signet of insurance institution). Refusal of providing financial transaction shall be legalized by separate written letter.

 

11. PROCEDURE OF INFORMING THE HEAD OF INSURANCE INSTITUTION BY THE COMPLIANCE OFFICER ABOUT REALIZATION OF RULES FOR INTERNAL FINANCIAL MONITORING

Every month, the fifth day of next month at least (another date could be established in Rules for internal financial monitoring by insurance institution), the compliance officer of insurance institution (separate subdivision) shall inform the Head of insurance institution on complying the legislation norms and internal documents of insurance institution in the sphere of prevention and counteraction to the legalization (laundering) of the proceeds from crime.

Informing shall be provided by submitting to the Head of insurance institution the written reference of free form.

The reference shall contain information about:

The issuing date;

The quantity of identified persons;

The quantity of revealed financial transactions subject to financial monitoring;

The quantity of recorded financial transactions with signs of obligatory and internal financial monitoring;

The quantity of submitted to SCFM of Ukraine financial transactions subject to obligatory and internal financial monitoring;

The quantity of repeatedly submitting to SCFM of Ukraine financial transactions after correcting made mistakes;

The taken measures concerning developing and renewing the Rules and Program for internal financial monitoring considering the requirements of the legislation, including normative legal acts of SCFM of Ukraine and State Commission for Financial Services Market Regulation of Ukraine;

The taken measures concerning personnel training on revealing financial transactions subject to financial monitoring according to the Law by holding educational and practical measures;

The signature of the compliance officer of insurance institution (separate subdivision).

The reference with signature of the Head of insurance institution shall be stored by the compliance officer of insurance institution (separate subdivision) in separate case under nomenclature number of this case for 5 years.

 

12. RESPONSIBILITY FOR VIOLATIONS OF THE LEGISLATION REQUIREMENTS IN THE SPHERE OF COUNTERACTION TO THE LEGALIZATION (LAUNDERING) OF THE PROCEEDS FROM CRIME AND THESE RULES

The Head of insurance institution, the compliance officer of insurance institution (separate subdivision) as well as other officials of insurance institution shall be responsible according to the actual legislation for violations of the legislation on prevention and counteraction to the legalization of the proceeds from crime.

. The administrative responsibility shall be prescribed by the Article 1669 of the Code of Administrative Offences of Ukraine.

Article 1669. Violation of legislation on prevention and counteraction to legalization (laundering) of the proceeds from crime.

Violation of requirements on identification of persons executing financial transactions, violation of the procedure of registration of financial transactions subject to initial financial monitoring, non-submission, untimely submission or submission of inauthentic information on such transactions to SCFM of Ukraine, as well as nonobservance of requirements on keeping documentation concerning identification of persons executing financial transactions and documentation concerning financial transactions executed by them, leads to imposition of fines on officials of entities of initial financial monitoring in amount from fifty to one hundred untaxed minimum incomes of citizens.

Disclosure of information submitted to SCFM of Ukraine, or the fact of submission of such information leads to imposition of fines in amount from one hundred to three hundred untaxed minimum incomes of citizens.

. Criminal responsibility shall be prescribed by the Article 2091 of the Criminal Code of Ukraine.

1. Intentional failure to submit the information on transactions, or repeated intentional submission of deliberately false information regarding transactions subject to internal or obligatory financial monitoring to SCFM of Ukraine, shall be punishable by a fine of 1000 to 2000 untaxed minimum incomes of citizen, or limitation of liberty for a term up to two years, or imprisonment for the same term with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.

2. Intentional illegal disclosure of information in any form, which was submitted to SCFM of Ukraine, by a person who learned such information in the course of performance of his/her professional or service duties, shall be punishable by a fine of 2000 to 3000 untaxed minimum incomes of citizen, or limitation of liberty for a term up to three years, or imprisonment for the same term with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.

3. Employees of insurance institution (separate subdivision) could be made responsible under decision of the Head of insurance institution for violations of these Rules. Such responsibility shall be prescribed by the Labour Code and shall be established for non-execution of job responsibilities (job discipline).

Annex 1

Approximate list of criteria for considering financial transactions subject to internal financial monitoring

1.   

Providing financial transactions on payments to economic entities statutory funds in securities in amounts that exceeds 50% of statutory fund of enterprise which is registering

2.   

One of financial transaction participants is legal person registered in country included to list of offshore zones by Cabinet of Ministers of Ukraine

3.   

Regular canceling insurance contracts (repayment insurance premium)

4.   

Regular returning insurance premiums under insurance contracts with mistaken or surplus transferring

5.   

Concluding insurance contracts on evidently disadvantageous conditions

6.   

Non-standard or excessively complicated financial transaction that has no evident economic sense or obvious legal aim

7.   

Evident non-complying mentioned in contract value of goods or services to their market prices

8.   

Providing financial transaction if it participant registered (located, temporary stayed) in country in which war actions are held

9.   

Customer is person which is (was) widely authorized official (e.g., in state power authorities), or members of family of such person

10.    

Providing financial transaction if it participant is person registered (located, temporary stayed) in country the legislation of which doesnt foresee disclosure or submitting information on financial transactions to competent authorities

 

 

 

Annex 2

CUSTOMER CARD

(for legal person resident)

I. Identification data of legal person resident according to the Article 6 of the Law

Information

1.1.

Name

Full______________________________

Abbreviate __________________________

1.2.

Location

1.3.

Documents on confirmation of state registration:

1.3.1.Certificate of state registration

Series ________________ issuing date________________

Issuing authority _________________

1.3.2. Statute (with last registered amendments)

of registration ______________ registration date __________

Registration authority _______________________

1.4.

Information on officials and their responsibilities

1.4.1 The head _____________(Surname, name, patronymic),

passport data, identification code, number and date of the order for assignment on position.

1.4.2. The deputy head ____________ (Surname, name, patronymic), passport data, identification code, number and date of the order for assignment on position

1.5.

Identification code under Unified State Register of Entities, Organizations and Institutions

1.6.

Bank account number, MFO, name and address of bank

1.7.

E-mail

II. Additional information for customer studying

2.1. Identification data of natural persons authorized to act in the name of customer (passport data or other identification document, identification code, series and number of power of attorney term of validity)

2.2. Fact location

2.3. Founders and related persons

2.4. Owners of essential participation with mentioning of their part in the legal person capital

2.5. Financial condition

2.6. Main counteragents

2.7. Availability of subsidiaries and other separate subdivisions

2.8. Degree of risk of executing financial transaction related to the legalization of the proceeds from crime

Other additional information about legal person nonresident necessary for insurance institution according to internal procedures.

______________________ / Surname, name, patronymic /

(signature of the compliance officer of insurance institution who provided customer identification)

 _____________ filling date

Annex 3

CUSTOMER CARD

(for natural person - resident)

I. Identification data of natural person resident according to the Article 6 of the Law

Information

1.1.

Surname

Name

Patronymic

1.2.

Birth date

1.3.

1.3.1. Data on identification document

Passport or other document _______Series _______ ___________ issuing date ________________

Issuing authority ____________________________________________

1.4.

Location

1.5.

Identification code under State Register of Natural Persons Tax Payers

1.6.

E-mail

 

II. Additional information for customer studying

2.1. Identification data of natural persons authorized to act in the name of customer (passport data or other identification document, identification code, series and number of power of attorney term of validity etc.).

Other additional information about natural person nonresident necessary for insurance institution according to the internal procedures.

______________________ / Surname, name, patronymic /

(the signature of the compliance officer of insurance institution who provided customer identification)

 _____________ filling date

   

Annex 4

CUSTOMER CARD

(for legal person nonresident )

I. Identification data of legal person nonresident according to the Article 6 of the Law

Information

1.1.

Full name ______________________________

1.2.

Location and requisites of bank in which the account is opened and bank account number

1.3.

Documents on confirmation of state registration:

1.3.1. Copy of legalized extract from trading, banking or court register

Series ________________ issuing date________________

Issuing authority _________________

1.3.2. Or notary certified registration certificate of the foreign country authorized agency on registration of this legal person

1.3.3. The country of registration

1.4.

Information on officials and their responsibilities

1.4.1 The head _____________(Surname, name, patronymic),

passport data, identification code, number and date of the order for assignment on position.

1.4.2. The deputy head ____________ (Surname, name, patronymic), passport data, identification code, number and date of the order for assignment on position

1.5.

The registration country of legal person nonresident

1.6.

E-mail

II. Additional information for customer studying

2.1. Identification data of natural persons authorized to act in the name of customer (passport data or other identification document, identification code, series and number of power of attorney term of validity)

2.2. Founders and related persons

2.3. Owners of essential participation with mentioning of their part in the legal person capital

2.4. Financial condition

2.5. Main counteragents

2.6. Availability of subsidiaries and other separate subdivisions

2.7. Degree of risk of executing financial transaction related to the legalization of the proceeds from crime

Other additional information about legal person nonresident necessary for insurance institution according to internal procedures.

______________________ / Surname, name, patronymic /

(the signature of the compliance officer of insurance institution who provided customer identification)

 _____________ filling date

Annex 5

CUSTOMER CARD

(for natural person - nonresident)

I. Identification data of natural person resident according to the Article 6 of the Law

Information

1.1.

Surname

Name

Patronymic (if available)

1.2.

Birth date

1.3.

1.3.1. Data on identification document

Passport or other document _______Series _______ ___________ issuing date ________________

Issuing authority ____________________________________________

1.4.

Citizenship

1.5.

Location or temporary staying

1.6.

E-mail

 

II. Additional information for customer studying

2.1. Identification data of natural persons authorized to act in the name of customer (passport data or other identification document, identification code, series and number of power of attorney term of validity etc.).

Other additional information about natural person nonresident necessary for insurance institution according to the internal procedures.

______________________ / Surname, name, patronymic /

(the signature of the compliance officer of insurance institution who provided customer identification)

 _____________ filling date

 

 



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