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President
of Ukraine
Verkhovna
rada of Ukraine
Government
portal
 : : Legal Framework
2009-01-01 00:00:00  Print Version



APPROVED
by the Order of State Committee
for Financial Monitoring of Ukraine
dated December 26, 2007 under  234  
 
 
 
 
 
 
 
 
 
 
 
MODAL RULES FOR EXECUTING INTERNAL FINANCIAL MONITORING
BY LEASING PROVIDER

These Modal Rules for Executing Internal Financial Monitoring was developed considering structure of leasing provider that consists of 3 separate subdivisions (quantity of separate subdivisions could be different). The separate subdivisions of leasing provider shall not independently submit the information on financial transactions subject to financial monitoring to SCFM of Ukraine.
For this Rules the term leasing provider shall mean the legal person which transfer the right of possession and using the object to the leasing receiver.
The measures prescribed by this Rules could be supplemented by leasing provider considering the requirements of SCFM of Ukraine and State Commission for Financial Market Services Regulation of Ukraine.
These Rules shall establish the mechanisms on realization measure complex on executing internal financial monitoring for preventing using leasing institution for legalization of the proceeds from crime and terrorist financing.
The Rules shall represent internal system of financial monitoring of leasing provider, provided revealing of financial transactions subject to financial monitoring or could be related to terrorist financing, foreseen according to the legislation informing about such transactions the SCFM of Ukraine and established the procedure of storing related documents.
In these Rules the term “separate subdivision” shall be used in following meaning:
Separate subdivision – affiliate or other subdivision of leasing provider that locates outside of it location and produces goods, executes works or operations, provide services in the name of leasing provider, or represents and protects interests of leasing provider. Rules are obligatory to execute by all employees of leasing provider and separate subdivisions.
List of documents that every leasing institution shall have independently from presence/absence of financial transactions subject to financial monitoring is set forth in annex 1 of these Rules.

1. GENERAL PROVISIONS
The Modal Rules for Executing Internal Financial Monitoring by Leasing Provider 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 leasing provider 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 are the document with restricted access. The procedure and regime of accessing the employees of leasing provider to these Rules shall be established by the compliance officer of leasing provider depending of their functioning obligations and shall be approved by the Head of leasing provider.
The Rules shall include the followings:
Ø        The description of organization of system of internal financial monitoring of leasing provider (separate subdivisions);
Ø        The general provisions of leasing provider and its separate subdivisions activity on executing financial monitoring issues;
Ø        The requirements to qualification of the compliance officer of leasing provider and separate subdivisions;
Ø        The rights and obligations of the compliance officer of leasing provider (separate subdivision) as well as other employees of leasing provider (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 in 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 leasing provider 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 leasing provider (separate subdivision) on internal financial monitoring issues;
Ø        The procedure of organization and executing educational and practical measures for leasing provider (separate subdivision) employees;
Ø        The procedure of informing the head of leasing provider 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;
Ø        The description of measures aimed at prevention of possible using of the newest technologies in the schedules of legalization of the proceeds from crime and terrorist financing.
The main principles of developing these Rules is followings:
Ø        Direct participating of each employee of leasing provider (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 leasing provider (separate subdivision) to the legalization (laundering) of the proceeds from crime.

2. ORGANIZATIONAL PROVISION OF FINANCIAL MONITORING SYSTEM
Internal financial monitoring is the leasing provider 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 leasing provider 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 leasing provider shall assign (retire) by his order the compliance officer as well as approve his job description.
The following person can’t be assigned the compliance officer:
who has previous non-cancelled conviction for deliberate crime;
who doesn’t work for leasing provider (separate subdivision).
The compliance officer of leasing provider (separate subdivision) shall execute his job responsibilities under the Job description.
The compliance officer of separate subdivision shall be assigned in separate subdivision of leasing provider under the presentation of the head of separate subdivision and with agreement of the compliance officer of leasing provider, by the head of leasing provider. The compliance officer of separate subdivision shall be accountable only to the head of leasing provider.
In case of inexpediency to assign the compliance officer of separate subdivision on separate position, the head or other official of separate subdivision of leasing provider shall be responsible for executing financial monitoring.
The compliance officer shall be assigned before the moment of executing the first financial transaction in new leasing institution (separate subdivision).
The compliance officer of leasing provider shall coordinate activity of leasing provider (separate subdivision) on executing financial monitoring measures.
Leasing provider shall inform the SCFM of Ukraine on assignment or retirement the compliance officer of leasing provider (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 (or person temporary executing his obligations) shall be stored with the message on results of its processing (form #3-FM) during 5 years.
If leasing provider or separate subdivision details mentioned in Registration Card have changed, leasing provider shall submit to the SCFM of Ukraine information on such changes during 3 business days.
The compliance officer of leasing provider (separate subdivision) shall be independent in his activity and accountable only to the head of leasing provider.
If the compliance officer of leasing provider (separate subdivision) is absent or is impossible to execute his obligations (vacation, illness, business trip etc.) the head of leasing provider (separate subdivision) shall assign person temporary executing the obligations of the compliance officer. Person temporary executing obligations of the compliance officer of leasing provider (separate subdivision) shall have the rights and obligations of the compliance officer of leasing provider (separate subdivision).






If the compliance officer disagree with guidance of the head of leasing provider 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 Securities and Stock Market with his written objections.




3. REQUIREMENTS TO QUALIFICATION OF THE COMPLIANCE OFFICER
 
The compliance officer of leasing provider (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, normative legal acts of the SCFM of Ukraine, the State Commission for Financial Services Market Regulation and other normative legal acts in the sphere of prevention and counteraction to the legalization (laundering) 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        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        Directive of Cabinet of Ministers of Ukraine from February 24, 2003 under  77-r „List of offshore zones”;
Ø        Order of SCFM of Ukraine „Requirements for organization financial monitoring by the initial financial monitoring entities in the sphere of prevention and counteraction to the legalization of the proceeds from crime and terrorist financing” from April 24, 2003 under 40;
Ø        Order of SCFM of Ukraine „ On approving some record keeping forms and submitting information related to executing financial monitoring, and Instruction on its filling” from May 13, 2003 under 48;
Ø        Order of SCFM of Ukraine „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” from September 28, 2004 under 122;
Ø        Order of SCFM of Ukraine „Procedure of taking the decision by SCFM of Ukraine on further suspending financial transaction participant or beneficiary of which is person included to List of persons related to terrorist activity” from April 19, 2006 under  74;
Ø        Order of SCFM of Ukraine „Procedure of informing the initial financial monitoring entities on the List of persons related to terrorist activity” from April 26, 2006 under  84;
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” (further - Statute);
Ø        Directive of State Commission for Financial Services Market Regulation of Ukraine from August 05, 2003 under 26 „Procedure of executing revisions on prevention and counteraction to the legalization (laundering) of the proceeds from crime”;
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 State Commission for Financial Services Market Regulation of Ukraine from November 13, 2003 under 120 „Procedure of fining for violations of the Law of Ukraine On prevention and counteraction to the legalization (laundering) of the proceeds from crime by the State Commission for Financial Services Market Regulation of Ukraine”;
Ø        Directive of State Commission for Financial Services Market Regulation of Ukraine from October 28, 2003 under 96 „Rules for executing revisions by the State Commission for Financial Services Market Regulation of Ukraine”;
the full list of types of financial transactions executing by leasing provider (separate subdivision), the procedure of their executing;
the job descriptions and functional responsibilities of leasing provider (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 leasing provider (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 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 leasing provider 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 leasing provider (separate subdivision) executing financial transactions;
Ø        Providing training and consulting personnel of leasing provider (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/renewal of financial transaction (according to internal procedures of leasing provider) 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 leasing provider), the compliance officer of leasing provider shall inform the head of leasing provider on complying the legislation norms and internal documents of leasing provider in the sphere of prevention and counteraction to the legalization (laundering) of the proceeds from crime.
The compliance officer of leasing provider shall have the following rights:
Ø        Execute revisions leasing provider (separate subdivision) activity and all employees on complying internal financial monitoring rules and program;
Ø        Attraction of any leasing provider (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 leasing provider (separate subdivision) employees independently of positions on executing internal financial monitoring issues;
Ø        Submit to the head of leasing provider 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 leasing provider (separate subdivision) employees;
Ø        take decision on refusal of providing financial transaction under agreement of the head of leasing provider and submit information on such financial transaction to SCFM of Ukraine;
Ø        While executing revision, receive access to all premises and documents of leasing provider (separate subdivision) and information related to executing financial monitoring.
The compliance officer of leasing provider 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 leasing provider shall include the followings:
Ø        Submitting to the compliance officer of leasing provider 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 leasing provider 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 leasing provider 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 leasing provider (separate subdivision) shall organize and hold relevant education for providing relevant level of leasing provider (separate subdivision) personnel training on executing financial monitoring issues.
According to the Clause 2.3 of the Statute on executing financial monitoring by financial institutions approved by the Directive of State Commission for Financial Services Market Regulation of Ukraine from August 05, 2003 under 25, leasing provider shall develop and realize the Program of training and professional training of employees of leasing provider on executing financial monitoring measures.
Education of employees depending on their job responsibilities shall be performed through holding educational and practical training on the following directions:
Ø        acquaintance of leasing provider (separate subdivision) employees with international AML/CFT standards, particularly, FATF 40 Recommendations and FATF 9 Special Recommendations;
Ø        acquaintance of leasing provider (separate subdivision) employees with AML/CFT requirements of the legislation of Ukraine;
Ø        acquaintance of leasing provider (separate subdivision) employees with requirements of leasing provider 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.
For professional training the compliance officers of leasing provider (separate subdivision) in prescribed by the legislation term shall pass training in educational institution which concluded the agreement on cooperation for educating State Commission for Financial Services Market Regulation of Ukraine specialists and have the license on educating activity of Ministry of education and science of Ukraine.
Out of turn education of the compliance officers of leasing provider (separate subdivision) shall be held under grounded recommendation of State Commission for Financial Services Market Regulation of Ukraine independently from the term of previous training.
The compliance officer of leasing provider (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        Taking measures on determining nature and purpose of executing financial transaction subject to financial monitoring;
Ø        Preparing and submitting to the compliance officer of leasing provider (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 leasing provider activity.
 
5. PROCEDURE OF CUTOMER IDENTIFICATION AND STUDYING
For providing appropriate realization of initial financial monitoring entity functions by leasing provider, the head of leasing provider with the compliance officer shall determine the employees responsible for identification and studying customers, and for issuance of customer case.
Identification of persons executing financial transactions subject to financial monitoring according to the Law shall be executed by the compliance officer of leasing provider (separate subdivision) according to the Procedure of identification of person including:
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, 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 leasing provider (separate subdivision).
Providing initial identification, first of all, shall be clarified if customer includes to List of persons related to terrorist activity.
The compliance officer shall be obliged to identify the following person:
who concludes the agreement about financial services;
who executes financial transactions subject to financial monitoring according to the Law;
who authorized to act in the name of customers.
If person acts as representative of other person or the compliance officer has suspicions that such person acts in the name of other person, or beneficiary is other person, the compliance officer shall be obliged to identify person in the name of which financial transaction is executing or beneficiary, representative.
Leasing provider (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 natural persons – residents:
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.
The followings shall be determined for identifying nonresidents – 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.
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, executes financial transaction, was previously identified by leasing provider (separate subdivision) according to the actual legislation of Ukraine.
Additional documents and data related to identification shall also be stored in customer case.
If customer refuses to submit necessary identifying information, leasing provider 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 pawnshop shall develop the ML/FT criteria of customer’s financial transaction which shall be submitted to approval of the head of pawnshop. For this purpose as the basis criteria from annex 1 of the Requirements for organization financial monitoring by the initial financial monitoring entities in the sphere of prevention and counteraction to the legalization of the proceeds from crime and terrorist financing approved by Order of SCFM of Ukraine from April 24, 2003 under 40.
ML/FT risks can be assigned through the following criteria: geographical location of country, customer type, types of goods and services etc.
Foreign persons from countries (territories) about which the following is known from reliable sources:
Countries to which are applied international sanctions;
International sanctions – sanctions which Ukraine admitted according to the international agreements or taken decisions on freezing assets by international organizations, decision of which are admitted according to the international agreements.
Countries that finances or supports terrorist activity which terrorist organizations provide on it territory;
Countries with high level of corruption and crime.
The followings shall be the customers with high-risk activity:
Customers who have such organization or relations that it is difficult to identify real owner or interests;
Institutions that provide transactions with cash or equivalent to cash means, in particular:
Ø       institutions that provide cash transactions (e.g., transfer funds, currency exchange, institution that provide transferring funds);
Ø       casinos, totalizator and other gambling institutions;
Ø       institutions that have low current assets but use large amount of cash for providing transactions.
charitable and other NPOs;
customers who use intermediary which have no relevant supervision and are not subject of the legislation on counteraction to the money laundering and terrorist financing.
Assessing risk variable risk factors typical for certain customer or transaction shall be considered. These factors can increase or decrease potential risk from customer or transaction, and can include, in particular:
Purpose of establishing relations. E.g., transactions executing by patron set lower risk then transactions executing by unknown customer and with large amount of cash;
Value of executing transactions. E.g., transactions with extremely large amounts of funds, in comparison with usual amounts of customers of such profile, can mean that such customer can set high risk;
Regularity or duration of relations. E.g., durable relations with often contacts with customers can set lower ML risk;
Using intermediaries for executing financial transactions.
Under risk-based approach monitoring shall permit leasing provider to establish money and other thresholds under which activity shall not be examined. Certain cases or thresholds using for this purpose shall be regularly monitored for determining complying established risk levels. Leasing provider shall periodically assess complying of any systems and procedures to established requirements. Results of monitoring shall be always fix in documents.
If possibility of executing by the person transactions related to the legalization (laundering) of the proceeds from crime or terrorist financing is assessing by leasing provider (separate subdivision) as high, more attention shall be focused on such transactions and 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.
Classification of customers concerning ML/FT risk shall be executed by the compliance officer of leasing provider considering their reputation.
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.
Financial institution shall identify natural persons who are owners of legal person, have direct or non-direct influence on it or receive profit from it activity for identification customer – legal person.
The compliance officer, executing identification, shall make copies of identifying documents in presence of customer – natural person.
If there are suspicions that person acts in name of other person, employees of leasing provider (separate subdivision) shall be prohibited to conclude agreement relations with such person. Such requirement doesn’t apply to persons who act under power of attorney issued according to the legislation of Ukraine.
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 leasing provider form and such card shall be added to customer case. Customer card shall be filled and signed exceptionally by the compliance officer of leasing provider (separate subdivision) who executes identifying and additional studying of the customer.
Recommended forms of customer cards are given in Annexes 2-5. While determining requisites of customer card the data inputting to the register of financial transactions subject to financial monitoring form  2-FM. The customer card shall be internal document of leasing provider.
For detail studying of customer, determining the nature and purpose of his activity employee (the compliance officer) of leasing provider (separate subdivision) can provide analyses of other financial transactions of this customer.
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 leasing provider (separate subdivision) directly participating in providing financial transaction shall perform the following:
Revealing financial transactions subject to financial monitoring and that could be related, connected or intended for terrorist financing;
Preparing and submitting to the compliance officer of leasing provider (separate subdivision) additional information necessary for taking decision on recording financial transaction;
Determining the nature and purpose of financial transaction subject to financial monitoring;
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 leasing provider, 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.
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 specified in Article 11 of the Law:
Ø        transfer of funds to anonymous (numbered) account abroad and transfer of funds from anonymous (numbered) account from abroad, as well as 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 or transfer of funds 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). The list of such countries (territories) shall be fixed in accordance with the procedure established by the Cabinet of Ministers according to lists, approved by the international organizations engaged in counteraction to the legalization (laundering) of the proceeds from crime and terrorist financing;
Ø        transfer of funds in cash abroad with a request to give the recipient the funds in cash;
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        transfer of funds abroad by a person in cases when no foreign economic contract was concluded.
A financial transaction shall be subject to internal financial monitoring provided it has one or more following indications:
Nonstandard or excessively complicated financial transaction that has no evident economic sense or obvious legal aim:
Ø        Person insists on conducting a transaction according to rules that differ from those established by the laws and internal documents of depositary relating to the essence of such transaction or the terms of carrying out such transaction;
Ø        Person introduces considerable changes into the previously agreed pattern of financial transaction right before its conduction, especially changes pertaining to the movement of funds or other kinds of property, including repeated changes of bank references of beneficiary after the first order for transfer of funds was issued or payment documents endorsed, as well as issuing order for transfer of funds to beneficiary using two or more bank accounts of other persons;
Ø        Person submits unverifiable information;
Ø        Impossibility to identify person’s counteragents, 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 or due to the refusal of such party to accept the funds;
Ø        Person's (customer's) refusal to provide the information specified by the laws and internal documents of leasing provider.
Noncompliance of a financial transaction with the activity of legal entity defined by statutory documents of such entity, including:
Ø        Absence of clear connection between the nature and kinds of a person’s activities with the services for which the customer applies to leasing provider.
Repeated financial transactions, the nature of which gives grounds to believe that their aim is to evade the procedures of obligatory financial monitoring established by the Law;
Ø        Person orders to conduct a financial transaction through a representative (intermediary), if such representative (intermediary) fulfills the person’s order without direct (personal) contact with leasing provider.
Internal financial monitoring can also be applied to other financial transactions, when the compliance officer of leasing provider (separate subdivision) has grounds to believe that a financial transaction is aimed at legalization (laundering) of proceeds:
receiving/giving subject of leasing agreement under financial leasing agreement;
transfer/receiving funds under financial leasing agreement;
providing credit under guarantee of nonresident in condition of absence of link between customer activity location and his counteragent, and location of guarantor, especially if guaranty was given by affiliate of nonresident;
overdue debt repayment under credit agreement if conditions of person activity and information known to leasing provider about this person give no possibility to clarify the sources of funds for such repayment;
early repayment of credit by the funds from unmentioned or unknown for leasing provider sources;
receiving funds from account opened in financial institution in country included to list of offshore zones by Cabinet of Ministers of Ukraine;
one of participant of financial transaction is legal person registered in country included to list of offshore zones by Cabinet of Ministers of Ukraine;
regular and cyclic executing financial transactions on purchase (selling) of assets without real supplying assets between participants of financial transaction;
payment from resident to nonresident penalty (fine) for non-execution of agreement for supplying goods (executing works, providing services) or violation of agreement if amount of penalty exceeds 10 % from the value of unsupplied goods (executing works, providing services);
nonstandard or very complicated schedules of settlements that differs from usual practice which is used by this customer or from usual market practice;
evident non-complying mentioned in contract value of goods or services to their market value;
customer is person who is (was) widely authorized (leadership of central executive power authorities) or members of family of such persons; 
executing financial transaction if it participant is person registered (located, temporary stayed) in country legislation of which doesn’t prescribe disclosure or submitting information on financial transactions to competent authorities. 
Before executing the financial transaction but the next business day at least the employee of leasing provider, 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 leasing provider shall inform in written form the compliance officer of leasing provider the same day, and the employee of separate subdivision shall inform the compliance officer of separate subdivision who shall inform the compliance officer of leasing provider.
The compliance officer of leasing provider after examining and confirming received information shall record such transaction the same day.
Procedure of submitting information on revealed financial transaction from the compliance officer of separate subdivision to the compliance officer of leasing provider shall be established in Section 7.
The compliance officer of leasing provider 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) which 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.
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 leasing provider 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 if leasing provider 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 leasing provider 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.
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 leasing provider.
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 leasing provider and shall be stored for 5 years.
On the first page of the case shall be written the number of pages in case, first and last financial transaction registration dates.
 

7. SUBMITTING INFORMATION ON REVEALED FINANCIAL TRANSACTIONS TO THE COMPLIANCE OFFIER OF LEASING PROVIDER 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 leasing provider) 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 leasing provider for taking the decision on recording this financial transaction.
Separate subdivision, which independently doesn’t 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 leasing provider according to the internal procedures of leasing provider (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 leasing provider 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 leasing provider shall submit to relevant separate subdivision information on financial transaction recording, in particular, the sequence number of financial transaction recording in the register of leasing provider.  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 leasing provider.
 
8. PROCEDURE OF SUBMITTING TO THE SCFM OF UKRAINE THE INFORMATION ON FINANCIAL TRANSACTIONS SUBJECT OT FINANCIAL MONITORING
Information submitting by the leasing provider 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.
The procedure of submitting by ST to the SCFM of Ukraine information on financial transaction subject to financial monitoring approved 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 leasing provider (the person temporary executing his responsibilities).
If there are circumstances (for leasing provider which electronic submit information) that make submitting information on financial transactions by relevant software impossible, leasing provider shall be obliged to submit to SCFM of Ukraine the letter–address on necessity of temporary submitting information on paper with mentioning circumstances in prescribed by the AML/CFT legislation term. Leasing provider shall submit the reference on financial transactions subject to financial monitoring (form #4-FM), extracts from the register of financial transactions of initial financial monitoring entity(form 2-FM), and reference from competent authority on technical obstacles.
Information on financial transactions subject to financial monitoring submitting to the SCFM of Ukraine on paper shall be signed by the compliance officer of leasing provider.
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 leasing provider 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 leasing provider in electronic form for 5 years.
In case of non-receiving by leasing provider (separate subdivision) information on results of proceeding submitted to SCFM of Ukraine information, the compliance officer of leasing provider (separate subdivision) shall be obliged to clarify the reasons of non-receiving such information.
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 leasing provider shall be obliged in 3 business days submit properly executed information to SCFM of Ukraine again.
Information 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 leasing provider (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 leasing provider.
The compliance officer of leasing provider 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 leasing provider according to internal procedures of leasing provider through composing written commission which is obligatory to execute by all employees of leasing provider and separate subdivisions providing financial transactions. The sample of written commission shall be developed by the compliance officer of leasing provider and approved by the Head of leasing provider.
In case of taking decision on suspending financial transaction leasing provider 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 leasing provider 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.
In case of non-receiving the decision on further suspending of financial transaction from SCFM of Ukraine by leasing provider in 2 business days, leasing provider shall renew execution of financial transaction.
In case of receiving decision of SCFM of Ukraine on further suspending relevant financial transaction, the compliance officer of leasing provider 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 leasing provider 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 can’t exceed 7 business days from the moment of receiving by leasing provider documents on grounds of which financial transaction executes.
SCFM of Ukraine shall inform leasing provider about List of persons related to terrorist activity with amendments by e-mail mentioned in Registration Card in 2 business days from the moment of its approval as file–list with prescribed structure and requisites containing.
Leasing provider shall be obliged to submit to SCFM of Ukraine file-receipt of established structure and requisites containing on receiving List of persons with amendments in 3 business days.
SCFM of Ukraine shall submit full List to newly established leasing provider.
List of persons related to terrorist activity by SCFM of Ukraine 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 leasing provider (separate subdivision), 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 leasing provider (separate subdivision) shall immediately inform the compliance officer of leasing provider (separate subdivision) about it.
According to the Part 2 of the Article 7 of the Law the compliance officer of leasing provider 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 leasing provider 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 leasing provider shall submit written commission to the employee of leasing provider (separate subdivision) who executes such financial transaction.
If the employee of leasing provider (separate subdivision) receives relevant written commission, he shall return to customer documents without execution with written grounding of refusal of executing financial transaction (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 depositary). Refusal of providing financial transaction shall be legalized by separate written letter.
If financial transaction executes in separate subdivision the compliance officer of separate subdivision shall inform the compliance officer of leasing provider on executing financial transaction subject to financial monitoring according to the Law and on persons who executed or wanted to execute such financial transaction, and the character of such financial transaction under procedure prescribed by the Clause 7 of this Rules. In his turn, the compliance officer of leasing provider can take decision on refusal of providing financial transaction under agreement of the compliance officer and the Head of leasing provider.
 
11. PROCEDURE OF INFORMING THE HEAD OF  LEASING PROVIDER BY THE COMPLIANCE OFFICER ABOUT REALIZATION OF RULES FOR INTERNAL FINANCIAL MONTORING
Every month, the fifth day of next month at least (another date could be established in Rules for internal financial monitoring by leasing provider), the compliance officer of leasing provider (separate subdivision) shall inform the head of leasing provider on complying the legislation norms and internal documents of leasing provider 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 leasing provider the written reference of free form.
The reference shall contain information about:
The issuing date;
The quantity of serviced persons;
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 leasing provider (separate subdivision).
The reference with signature of the head of leasing provider shall be stored by the compliance officer of leasing provider (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 leasing provider, the compliance officer of leasing provider (separate subdivision) as well as other officials of leasing provider 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.
. In case of non-executing (non-appropriate execution) the requirements of the Law by leasing provider, the fine in amount up to 1000 untaxed minimum income of citizens could be applied to leasing provider according to the procedure prescribed by the legislation. In case of disagreement with the decision about applying the fine or refusal of paying the fine shall be received by court under presentation of authority that regulates the initial financial monitoring entity activity and issues licenses or other special permission.
. 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 leasing provider (separate subdivision) could be made responsible under decision of the Head of leasing provider 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
List of documents on financial monitoring which leasing provider shall have
 
Document name
Which normative legal act regulates
1.      
Order on assignment of the compliance officer of leasing provider (separate subdivision);
The Clauses 2.1.2., 2.1.5. of the Statute on executing financial monitoring by financial institutions approved by the  Directive of State Commission for Financial Services Market Regulation of Ukraine from August 05, 2003 under 25
2.      
Order on assignment person temporary executing responsibilities of the compliance officer of leasing provider (separate subdivision) – if available;
The Clause 2.1.2. of the Statute on executing financial monitoring by financial institutions approved by the  Directive of State Commission for Financial Services Market Regulation of Ukraine from August 05, 2003 under 25
3.      
Copies of form 1-FM "Registration Card of initial financial monitoring entity (separate subdivision) and responsible persons" with originals of forms 3-FM "Reference on results of proceeding registration card of initial financial monitoring entity (separate subdivision) and responsible persons";
The Clause 2.4. Requirements for organization financial monitoring by the initial financial monitoring entities in the sphere of prevention and counteraction to the legalization of the proceeds from crime and terrorist financing approved by the Order of SCFM of Ukraine from April 24, 2003 under  40
4.      
Order on approval of rules for internal financial monitoring of leasing provider and separate subdivisions;
The Clause 3.4. of the Statute on executing financial monitoring by financial institutions approved by the  Directive of State Commission for Financial Services Market Regulation of Ukraine from August 05, 2003 under 25
5.      
Order on approval of program for executing internal financial monitoring of leasing provider and separate subdivisions;
The Clause 3.4. of the Statute on executing financial monitoring by financial institutions approved by the  Directive of State Commission for Financial Services Market Regulation of Ukraine from August 05, 2003 under 25
6.      
Document that establish procedure and regime of access to rules for internal financial monitoring and program for it executing;
The Clause 3.4. of the Statute on executing financial monitoring by financial institutions approved by the  Directive of State Commission for Financial Services Market Regulation of Ukraine from August 05, 2003 under 25
7.      
Document that confirms acquaintance  of employees of leasing provider with rules for internal financial monitoring and program for it executing;
The Clause 3.3. of the Statute on executing financial monitoring by financial institutions approved by the  Directive of State Commission for Financial Services Market Regulation of Ukraine from August 05, 2003 under 25
8.      
Document that confirms notification of employees of leasing provider on responsibility for violations of the requirements of the legislation in the sphere of prevention and counteraction to the legalization of the proceeds from crime and terrorist financing;
The Clause 2.4.3. of the Statute on executing financial monitoring by financial institutions approved by the  Directive of State Commission for Financial Services Market Regulation of Ukraine from August 05, 2003 under 25
9.      
Program for education and professional training of employees of leasing provider on executing financial monitoring measures;
The Clause 2.3. of the Statute on executing financial monitoring by financial institutions approved by the  Directive of State Commission for Financial Services Market Regulation of Ukraine from August 05, 2003 under 25
10.  
Relevant document on training of the compliance officer of leasing provider (separate subdivision) of established form.
The Clauses 6, 8 Statute on procedure of studying the heads of separate subdivisions of financial institutions responsible for executing internal financial monitoring approved by the , Directive of State Commission for Financial Services Market Regulation of Ukraine from September 16, 2003 under 55 

                                                                                                    Annex 2
CUSTOMER CARD
(for natural person - resident)
1.      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
 
2. 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.).
2.2. Other additional information about natural person – nonresident necessary for leasing provider according to the internal procedures
______________________ / Surname, name, patronymic /
(the signature of the compliance officer of leasing provider who provided customer identification)
 _____________ filling date (specifying information date)
 
 

Annex 3
CUSTOMER CARD
(for natural person - nonresident)
1.                      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
 
2. 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.).
2.2. Other additional information about natural person – nonresident necessary for leasing provider according to the internal procedures.
______________________ / Surname, name, patronymic /
(the signature of the compliance officer of leasing provider who provided customer identification)
 _____________ filling date (specifying information date)
 
 
 
 
 
Annex 4
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
 
2. 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 in Ukraine.
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 leasing provider according to internal procedures.
______________________ / Surname, name, patronymic /
(the signature of the compliance officer of leasing provider who provided customer identification)
 _____________ filling date (specifying information date)
 
 
Annex 5
CUSTOMER CARD
(for legal person – nonresident)
1. Identification data of legal person – nonresident according to the Article 6 of the Law
Information
1.1.
Full name ______________________________
1.2.
Abbreviate ____________________________
1.3.
Location and requisites of bank in which the account is opened and bank account number
1.4.
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
1.5.
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
1.6.
The registration country of legal person – nonresident
1.7.
E-mail
 
2. 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 in Ukraine.
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 leasing provider according to internal procedures.
______________________ / Surname, name, patronymic /
(the signature of the compliance officer of leasing provider who provided customer identification)
 _____________ filling date (specifying information date)
 


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