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



 
Statute on Regional subdivision of the State Committee for Financial Monitoring of Ukraine
 
1. General provisions
 
 
         1.1. The Statute on Regional subdivision of the State Committee for Financial Monitoring of Ukraine (hereinafter referred to as the Statute) stipulates objectives, competence and organizational bases of the activity of Regional subdivision of the State Committee for Financial Monitoring of Ukraine.
 
         1.2. Regional subdivision is an independent structural division of the State Committee for Financial Monitoring of Ukraine, shall not have a legal entity’s status and shall act on behalf and in the interests of the State Committee for Financial Monitoring of Ukraine within the terms of its reference provided for by this Statute.
 
         1.3. Regional subdivision shall be governed by the Constitution of Ukraine, laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, the Statute on the State Committee for Financial Monitoring of Ukraine, orders and directions of Head of SCFM of Ukraine and this Statute.
 
         1.4. Regional subdivision shall subordinate to Head of SCFM of Ukraine. The activity of Regional subdivision shall be coordinated by Deputy Head of SCFM of Ukraine pursuant to the distribution of duties approved by the order of SCFM of Ukraine of 04.07.2005 № 138.
 
         1.5. The number of Regional subdivision’s staff shall be stipulated by the list of staff members of SCFM of Ukraine.
 
         1.6. The Statute on Regional subdivision shall be signed by Head of Regional subdivision and Deputy Head pursuant to the distribution of duties and shall be approved by the order of SCFM of Ukraine.
 
         1.7. Official duties of Regional subdivision’s officials shall be determined pursuant to the objectives and functions stipulated for Regional subdivisions and prescribed in job descriptions to be signed by Head of Regional subdivisions and approved by First Deputy Head pursuant to the distribution of duties.
 
         1.8. Regional subdivision shall use the seal with its name and stamps of the example approved by SCFM of Ukraine in the course of its activity and for the needs of official correspondence.
 
 
2. Key objectives and functions of Regional division
 
         2.1. Key objectives of regional division shall be:
 
         2.1.2. Participation in effectuation of state policy in AML/CTF sphere in terms of its reference.
 
         2.1.3. Establishment of cooperation, interaction and information exchange with territorial agencies of executive power, other territorial divisions of state agencies on prevention and counteraction of legalization (laundering) of the proceeds from crime and terrorist financing.
 
         2.1.4. Accompanying of case referrals forwarded to territorial divisions of law enforcement agencies.
 
         2.1.5. Efficiency analysis of the measures applied by the entities of initial financial monitoring in AML/CTF sphere.
 
         2.2. Regional subdivision pursuant to its objectives shall exercise the following functions:
 
         2.2.1. to establish information exchange with the law enforcement agencies, territorial divisions of state regulatory agencies, agencies of executive power and other agencies of state power.
 
         2.2.2 to receive from the agencies of executive power, local self-regulatory bodies, economic entities (except the entities of initial financial monitoring) the information to the request necessary to exercise the objectives stipulated for Regional subdivision.
 
         2.2.3. to considerate in terms of its reference applications and requests forwarded from state agencies, other institutions and organizations, citizens.
        
         2.2.4. to receive from the law-enforcement agencies the information on the stage of processing and application of appropriate measures in respect of case referrals of SCFM of Ukraine filed to regional law-enforcement agencies of Ukraine.
 
         2.2.5. to scrutinize and generalize the case referrals consideration practice and to submit to the management of SCFM of Ukraine suggestions how to improve the procedure of accompanying these case referrals.
 
         2.2.6. to forward the requests to the law-enforcement agencies to receive additional information regarding the stage of consideration of case referrals.
 
         2.2.7. to generalize received information regarding the stage of case referrals processing and  to submit it to the management of SCFM of Ukraine.
 
         2.2.9. If necessary, to find out what information/documents is needed by the law-enforcement agencies and to give consulting (interpretation of the provisions of the normative acts in AML/CTF sphere, comments on the content of case referrals etc) and to apply measures to prepare additional materials.
 
         2.2.10. to compile annual and quarter plans of Regional subdivision and to make reports with respect to their execution.
 
         2.2.11. to give in the terms of its reference consulting to the entities of initial financial monitoring.
 
         2.2.12. to scrutinize the practice of legislation application in AML/CTF sphere and to submit to the management of SCFM of Ukraine suggestions how to enhance national legislation on these issues.
 
         2.2.13. to interact with territorial divisions of the law-enforcement  and other state agencies with regard to availability of informational resources (data bases) and the possibility to use them in Unified state information system in AML/CTF sphere.
 
         2.2.14.  to make efficiency analysis of the measures applied by the entities of financial monitoring to prevent and counteract to legalization (laundering) of the proceeds from crime and terrorist financing and to submit appropriate suggestions to the management of SCFM of Ukraine.
 
         3.4. to submit for consideration of the management of SCFM of Ukraine  suggestions on the issues relating to the competence of  Regional subdivision.
 
         3.5. to establish and participate in the working groups on the issues belonging to the competence of  Regional subdivision.
 
         3.6. under approval of Deputy Head of SCFM of Ukraine that pursuant to the distribution of duties coordinates the activity of Regional subdivision, to organize and to take part in meetings, round tables, seminars, workshops, conferences etc on the issues relating to the competence of Regional subdivision.
 
         3.7. to receive from the law-enforcement agencies and other state agencies pursuant to stipulated procedure the information necessary to execute objectives, scientific, analytical and forecast materials on the activity of Regional subdivision.
 
         3.8. under approval with the management of SCFM of Ukraine to participate in the measures aimed at enhancement of staff qualification in AML/CTF sphere.
4. Rights and obligations of Head of Regional subdivision
 
         4.1. Regional subdivision shall be presided by Head assigned to the position and dismissed by Head of SCFM of Ukraine pursuant to the procedure provided for by current legislation.
 
         4.2. Head of Regional subdivision shall be the person that has higher degree of appropriate education; record of state service on executive position shall not be less than 5 years, records of service on executive position in other sectors shall not be less than 7 years, or record service pursuant to the degree not less than 10 years, and to have experience in personnel management.
 
         4.3. Head of Regional subdivision shall subordinate to Head of SCFM of Ukraine.
 
         4.4. Officials of Regional subdivisions shall be assigned on the positions and dismissed by Head of SCFM of Ukraine pursuant to the procedure provided for by current legislation, under suggestion of Head of Regional subdivisions and under approval of Deputy Head who pursuant to distribution of duties coordinates the activity of Regional subdivision.
 
         4.6. Head of  Regional subdivision shall:
 
         to exercise general management and control of the activity of Regional division, to organize its work in order to execute objectives duly and timely, to use necessary measures in order to enhance efficiency of the division;
 
         to ensure due and timely execution of orders, directions and resolutions of the management of SCFM of Ukraine;
 
          to ensure drawing and submission of annual and quarter work plans of Regional subdivision  for approval to the management of SCFM of Ukraine;
 
         to ensure timely submission to the management of SCFM of Ukraine of the reports on the activity of Regional subdivision;
 
         to organize work on staff recruitment of regional division, to apply measures to prepare staff reserve;
 
         to exercise control over compliance of preventive fire-fighting regulations in Regional subdivision;
 
         to control within the terms of reference reasonable using of material values and techniques;
 
         to organize and to provide decent conditions and safety of work.
 
         4.7. If Head of Regional subdivision is absent, his/her obligations shall be executed Chief expert assigned by the order of SCFM of Ukraine under suggestion of Head of Regional subdivision that is personally responsible for due and timely execution of Regional subdivision’s objectives and functions.
 
         4.8. Head of Regional subdivision is authorized:
 
         to determine key directions of Regional subdivision’s activity under approval of the management of SCFM of Ukraine;
 
         to require all officials of Regional subdivision accurately observe all normative acts and methodical recommendations on organization of prevention and counteraction to legalization (laundering) of the proceeds from crime and terrorist financing;
 
         to submit to the management of SCFM of Ukraine suggestions regarding structure and staff of Regional subdivision, staff recruitment for reserve positions, shift, dismissal, granting state servants’ ranks pursuant to occupied position, and  application of bonuses and disciplinary and material measures, imposition of disciplinary sanctions to the officials of Regional subdivision;
 
         to participate in the activity of collegium of SCFM of Ukraine;
 
         to give directions to the officials of Regional subdivision, require explanations in the instance of failure to execute or undue execution of their obligations;
 
         to require all officials of Regional subdivision to execute obligations, provided for by labour legislation, directions of the management of SCFM of Ukraine, this Statute and job inscriptions accurately, timely and properly;
 
         to present SCFM of Ukraine in state agencies, public and other institutions and organizations;
 
         to present for consideration of the management of SCFM of Ukraine suggestions how to improve work, legal and methodical provision of the activity of SCFM of Ukraine and suggestions on other issues relating to the competence of  Regional subdivision;
 
         to consider claims for the actions of Regional subdivision’s officers and present appropriate suggestions to the management of SCFM of Ukraine;
 
         to organize and hold meetings with the representatives of structural divisions of SCFM of Ukraine, state agencies, other institutions and organizations on the issues relating to the competence of Regional subdivision.
 
         to execute other tasks under orders of Head of SCFM of Ukraine and his/her Deputies.
 
         4.9. Head of Regional subdivision is a materially liable person for keeping premises and material values trusted to him/her to provide the activity of Regional subdivision.
 
         4.10. Head of Regional division is personally liable for keeping official and state secrecy and for circulation of the documents with restricted access.
 
5. Relationship of Regional subdivision with independent structural divisions of SCFM of Ukraine and other state agencies
 
 
         5.1. Regional subdivision shall interact pursuant to stipulated procedure with all independent structural divisions of SCFM of Ukraine, appropriate divisions of the law-enforcement agencies, other public authorities, institutions and organizations on the issues that relate to its objectives and functions.
 
         5.2. Regional subdivision in the charge of its duties and functions shall interact pursuant to stipulated procedure with appropriate divisions of the law-enforcement agencies, other state agencies of executive power, institutions and organizations.
 
Head of Regional subdivision
of …oblast
 
 
APPROVED
Deputy Head
of SCFM of Ukraine   


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