O F F I C I A L    W E B - S I T E

Home Site Map Date: 18.11.2019
eng
President
of Ukraine
Verkhovna
rada of Ukraine
Government
portal
 : : Legal Framework
2009-01-01 00:00:00  Print Version



THE DECREE

DECREE

OF THE PRESIDENT OF UKRAINE

On measures aimed at development of the system for counteraction to legalization (laundering) of proceeds from crime

and terrorism financing

With the purpose of improvement and development of the system for counteraction to legalization (laundering) of the proceeds from crime and terrorism financing, and also aiming at stirring up Ukraines participation in the development of the international cooperation in this sphere, I enact:

1. The Cabinet of Ministers of Ukraine should:

a.   Provide with participation of the National Bank of Ukraine the implementation of Forty Recommendations of Financial Action Task Force on Money Laundering (FATF), approved in the new edition at FATF Berlin session in June, 2003 (hereinafter referred as the FATF Forty Recommendations), develop and introduce in the established order corresponding draft laws;

b.  Prepare and submit within a month for the following consideration in the Verkhovna Rada of Ukraine a draft law on amending the Law of Ukraine "On prevention and counteraction to the legalization (laundering) of the proceeds from crime" concerning defining of the specially authorized executive authority on financial monitoring as the central executive authority with special status;

c.   By September, 1, 2003:

Establish interagency working group on researching of methods and tendencies in laundering of the proceeds from crime, including representatives of the State Department for Financial Monitoring, the State Tax Administration of Ukraine, the Ministry of Internal Affairs of Ukraine, the State Commission On Regulation of the Markets of Financial Services of Ukraine, the State Commission On Securities and Stock Market, the Security Service of Ukraine, the Ministry of Justice of Ukraine, the Ministry of Foreign Affairs of Ukraine, the Ministry of Economy and European Integration of Ukraine, the State Customs Service of Ukraine, the Secretariat of the Cabinet of Ministers of Ukraine, the Administration of the President of Ukraine, with involvement of representatives of the National bank of Ukraine, the Public Prosecutors Office of Ukraine, the experts on financial matters, for carrying out of the analysis of efficiency of actions, which are used for prevention and counteraction to legalization (laundering) of the proceeds from crime, at the same time, observance of constitutional rights and freedoms of a person and a citizen, for preparation of suggestions concerning implementation of FATF Forty Recommendations, draft laws on the organization of interaction of executive authorities in this sphere, having defined the chairman of the State Department for Financial Monitoring as the head of this group; to place organizational - technical maintenance of activity of the group on the State Department for Financial Monitoring; to prepare and approve the Provision on Interagency working group;

Solve a question concerning provision of the automated access of State Department for Financial Monitoring to databases of executive authorities;

Prepare and submit in the established order proposals concerning ratification of the Convention of the United Nations on the Trans-border organized crime of 2000;

Submit for consideration of the Verkhovna Rada of Ukraine the draft law on amending laws of Ukraine in connection with ratification of the International convention on combating terrorism financing;

d.          by October, 1, 2003:

Solve in the established order issues concerning accommodation of the State Commission On Regulation of the Markets of Financial Services of Ukraine, allocation of funds, necessary for financing material-technical and other kinds of maintenance of its activity, approve the limited number of employees of territorial units of this Commission;

Consider the issue concerning the improvement of conditions of remuneration of labor of employees of the State Commission On Regulation of the Markets of Financial Services of Ukraine, the State Department for Financial Monitoring;

e.           by January, 1, 2004:

Provide creation of the Unified state information system in the sphere of prevention and counteraction to legalization (laundering) of proceeds and terrorism financing by way of integration of corresponding information resources of databases of the Security Service of Ukraine, the Ministry of Internal Affairs of Ukraine, the Ministry of Justice of Ukraine, the State Commission On Securities and Stock Market, the State Commission On Regulation of the Markets of Financial Services of Ukraine, the State Tax Administration of Ukraine, the State Customs Service of Ukraine, the State Committee On Border Guard, the State Property Fund of Ukraine, the State Committee for Telecommunications and Informatization of Ukraine, the State Committee of Statistics of Ukraine, the Main Division for Audit and Revisions of Ukraine, prepare and submit for the approval the draft of the Provision on this System, approve the Provision on it, provide financing of the expenses connected with its creation and functioning;

f.                        Take measures as for provision of interaction of the State Department for Financial Monitoring with law enforcement bodies and authorities, which carry out the control over observance of the legislation in the sphere of financial and economic activity, and cooperation with law enforcement bodies of foreign countries on matters of prevention to legalization (laundering) of the proceeds from crime and combating terrorism financing, and also fulfilling obligations according to the Convention on laundering, search, seizure and confiscation of the proceeds from crime;

g.                      Provide reinforcement of the role and the responsibility of the National Central Bureau of Interpol for activities regarding prevention to legalization (laundering) of the proceeds from crime and combating terrorism financing; to consider by October, 1, 2003 the issue on results of the activity of the National Central Bureau of Interpol and take measures concerning the improvement of its interaction with law enforcement bodies of foreign countries; solve a question of improvement of personnel, financial and material provision of the Bureau, and with this view, to provide corresponding assignments in draft laws on the State budget of Ukraine for year 2004 and the following years.

2. To draw attention of the heads of the Ministry of Internal Affairs of Ukraine, the Security Service of Ukraine, the State Tax Administration of Ukraine, the State Customs Service of Ukraine, the Main Division for Audit and Revisions of Ukraine, the State Committee On Border Guard of Ukraine on insufficient efficiency of actions, which are being taken by these authorities concerning counteraction to legalization (laundering) of the proceeds from crime and terrorism financing.

The Ministry of Internal Affairs of Ukraine, the Security Service of Ukraine, the State Tax Administration of Ukraine, the State Customs Service of Ukraine, the Main Division for Audit and Revisions of Ukraine, the State Committee On Border Guard of Ukraine should:

Regularly carry out joint actions as for exposure and termination of suspicious financial operations, which are carried out by physical and legal persons, revealing of the facts of disguising of funds of illegal origin or other property and sources of its origin;

Study and summarize, using the abilities of departmental scientific institutions, the international experience in the sphere of prevention and counteraction to legalization (laundering) of the proceeds from crime and prepare methodical recommendations on improvement of work on prevention, detection and termination of the offences connected to the legalization (laundering) of such proceeds.

3. Central executive authorities should form, if needed, within the existing limited number, structural divisions on prevention and counteraction to legalization (laundering) of the proceeds from crime and combating terrorism financing and provide their interaction with the State Department for Financial Monitoring.

4. Coordinating Committee on Combating Corruption and Organized Crime should consider by September, 2003, the issue of work of law enforcement bodies in the sphere of combating corruption and organized crime, connected to legalization (laundering) of the proceeds from crime and terrorism financing; further on this issue should be considered not rare than once a quarter.

5. The State Commission On Regulation of the Markets of Financial Services of Ukraine should develop and approve by September, 1, 2003, legal acts concerning maintenance of realization of internal financial monitoring by participants of the market of financial services.

6. The Ministry of Foreign Affairs of Ukraine and the State Department for Financial Monitoring should:

stir up the process of informing the countries - members of Financial Actions Task Force on Money Laundering (FATF) concerning the actions, carried out by Ukraine in the sphere of prevention and counteraction to legalization (laundering) of the proceeds from crime;

Take measures as for SDFM joining Egmont group.

7. It should be recognized as such that lost force the Item 3 of article 1 of the Decree of the President of Ukraine dated July, 19, 2001 532 On additional measures concerning combating laundering of the proceeds from crime.

8. The control over performance of this Decree should be placed on the Administration of the President of Ukraine.

 

 

 

The President of Ukraine L. Kuchma

Kiev

On July, 22, 2003

740/2003

 

 

 



List of persons related to terrorist activity or persons to whom international sanctions were applied
Contact Administrator News Archive