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2010-08-18 00:00:00  Print Version



                                                    

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THE CABINET OF MINISTERS OF UKRAINE

RESOLUTION

As of August 18, 2010 No 745

Kyiv

On adopting the Procedure of Composing the List of Persons

Related to Terrorist Activities or regarding whom International Sanctions are Applied

 

According to Article 17 of the Law of Ukraine "On prevention and counteraction to legalization (laundering) of the proceeds from crime or terrorist financing" The Cabinet of Ministers of Ukraine resolves:

1.      To adopt  the Procedure of composing of the list of persons related to terrorist activities or with regard to whom international sanctions are applied attached.

2.      The resolution of  the Cabinet of Ministers of Ukraine of May 25, 2006 # 751 "On adopting  the Procedure of composing of the list of persons related to terrorist activities" (Official Bulletin of Ukraine 2006, # 22, p. 1632) to determine  as lost force .

 

Prime-Minister of Ukraine                                    Мykola AZAROV  

 

 

 ADOPTED by the Resolution of the Cabinet of Ministers of Ukraine as of August 18, 2010 N 745

 

PROCEDURE

of Composing the List of Persons Related to Terrorist Activities

or with Regard to Whom International Sanctions are Applied

 

1.      This procedure defines the mechanism of composing the list of persons related to terrorist activities or with regard to whom international sanctions are applied (hereinafter - the list).

2.      The reasons of the SFMS  for including the legal or natural person to the list are the following:

1)      the court decision, which came into force on determination of the natural person guilty of committing crimes stipulated in Articles 258, 2581, 2582, 2583, 2584 and 2585 of the Criminal Code of Ukraine;

2)       the information composed by international organizations or their authorized bodies on organizations, legal and natural persons related to terrorist organizations or terrorists, as well as on the persons, with regard to whom international sanctions are applied;

3)      judgments or court decisions, the decisions of other competent authorities of foreign countries regarding organizations, legal and natural persons related to terrorist activities that are recognized by Ukraine according to international treaties of Ukraine.

3.      The list is composed on the basis of information (documents) specified in paragraph 2 of this Procedure, and includes the following:

1)      regarding citizens of Ukraine - full name, date of birth, serial number of passport or other document of identity, date and name of the authority that issued it, location and/or residence, identification number in accordance with the State register of natural persons - payers of taxes and other mandatory payments or serial number of passport, which in the established manner was marked on the right to make payments without identification, and regarding citizens of Ukraine registered as legal entities - individual entrepreneurs - details of certificate of registration and name of the authority that issued it, if available details of the bank, where the account was opened, and bank account number;

2)      regarding legal entities – residents – full name, location, details of the certificate of state registration, name of the authority that issued it, the identification code according to the Unified State Register of enterprises and organizations of Ukraine, details of the bank, where the account was opened, and bank account number;

3)      regarding foreigners and stateless natural persons  - name, surname and patronymic, if available, the citizenship or nationality, date of birth, passport or other document of identity, date and name of the authority hat issued it, location and/or permanent or temporary residence;

4)       regarding legal entities - non-resident organizations - full name, location, details of the bank, where the account was opened, the bank account number.

4.      Information pursuant to paragraph 3 of this Procedure are submitted by express delivery or by recommended mail to the SCFM by the Security Service of Ukraine complying with the rules excluding unauthorized access to information under availability of grounds specified in subparagraph 1 paragraph 2 of this Procedure, and by the Ministry of Foreign Affairs - subparagraph 3 paragraph 2 of this Procedure.

            Information or documents, specified in paragraphs 2 and 3 of this Procedure are submitted to the SFMS  no later than during five business days from the date of receipt of information, necessary to include legal or natural person to the list.

Information or documents specified in subparagraph 2 paragraph 2 of this Procedure, the SFMS  receives from the official website of the UN.

5.      The SFMS  composes the list and provide amendments to it within three business days from the date of receipt of information or documents mentioned in paragraph 2 and 3 of the Procedure.

6.       If legal or natural person is included to the list, the SFMS  immediately analyzes available information on financial transactions of such person, which became the object of financial monitoring, as well as data of the unified state information system in the area of prevention and counteraction to legalization (laundering) of the proceeds from crime or financing of terrorism with a view to setting information about assets of legal or natural person, included to the list.

In case of revealing of assets of legal or natural person, included to the list, the SFMS  immediately submits case referrals to the Security Service of Ukraine for taking, under availability of adequate grounds of measures for seizure property (deposits) of such person.

          7. The reason to exclude the person from the list by the SFMS  is the following:

1) quashing or cancellation of criminal record of the natural person, convicted of committing crimes stipulated in Articles 258, 2581, 2582, 2583, 2584 and 2585 of the Criminal Code of Ukraine;

 2) exclusion of the person from data that composed by international organizations or their authorized bodies on organizations, legal and natural persons related to terrorist organizations or terrorists, as well as on persons, with regard to whom international sanctions are applied;

        3) quashing or cancellation of criminal record of the natural person convicted under the condemnation verdict or the court verdict, the decision of other competent authorities of foreign countries regarding organizations, legal and natural persons related to terrorist activities which are recognized by Ukraine according to international treaties of Ukraine;

4) availability of documentary approved data on the death of the natural person included to the list, and for legal persons – on their liquidation.

8.  Under availability of information (documents) specified in subparagraphs 1, 3, 4, paragraph 7 of this Procedure, the Security Service of Ukraine and the Ministry of Foreign Affairs provide relevant information to the SFMS  within five business days.

9. Under requests of the person included in the lists or under his/her official representative, the SFMS  considers the possibility of excluding that person from the list.

Taking decision under requests is performed by SFMS  within ten business days from receipt request, if the information stated in request does not require additional review.

 After receiving the request, the SFMS  no later than the next business day from the date of receipt submits for consideration a copy of such request to the Security Service of Ukraine, the Ministry of Foreign Affairs or other state body, which may obtain information about the person included to the list.

 The Security Service of Ukraine, the Ministry of Foreign Affairs of Ukraine or other state authority within five business days submits to the SFMS  the relevant original documents or their certified copies, which confirm or refute the information contained in the request regarding availability of grounds to exclude the person from the list. Under the necessity to conduct additional inspections, specified information is provided in the terms agreed with the SFMS .

10.  When receiving, including from the official website of the UN, the information regarding persons, specified in paragraph 7, the SFMS  takes the decision to exclude the person from the list and removes from it the relevant records.

11.  On decision taken under the request, the SFMS  informs the person, who applied with the request with an official letter no later than three business days from the date of adoption.

 

  

                 



List of persons related to terrorist activity or persons to whom international sanctions were applied
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