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 : : Legal Framework
2010-08-25 00:00:00  Print Version



 

 

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THE CABINET OF MINISTERS OF UKRAINE
RESOLUTION
 as of August 25, 2010 № 747
 Kyiv
On Some Issues of Financial Monitoring Organization
According to the Article 12 Part 3 and Article 13 of the Law of UkraineOn Introducing Amendments to the Law of UkraineOn Prevention and Counteraction to the Legalization (Laundering) of the Proceeds from Crimethe Cabinet of Ministers of Ukraine resolves:
 1.To approve the following which are enclosed:
Procedure of registration of reporting entities, register by them the financial transactions subjected to financial monitoring and Submission by Reporting Entities to the State Financial Monitoring Service the Information about noted and other financial transactions that could be related to the legalization (laundering) of the proceeds from crime or financing of terrorism;
Procedure of registration by SFMS information on financial transaction subjected to financial monitoring.
 2.Establish that reporting entities, except specially determinate as well as those who submitted in prescribed procedure properly filled registration form of reporting entity before this Resolution set in force, shall be obliged to register in SFMS within two months from the day of this Resolution set in force.
 3.   Consider such as lost force the Resolutions of the Cabinet of Ministers of Ukraine according to the list (attached).
 
Prime-Minister of Ukraine                                                      Мykola AZAROV





                                                                                       
   APPROVED by the Resolution of Cabinet 
                                                                    of Ministers of Ukraineas of
 August, 25 2010 № 747
 
PROCEDURE
Of Registration of Reporting Entities, Register by Them Financial Transactions Subjected to Financial Monitoring and Submission by Reporting Entities to the State Financial Monitoring Service the Information about Mentioned and other Financial Transactions that Could Be Related to The Legalization (Laundering) of the Proceeds of Crime or Financing of Terrorism
 
General Provisions
1.         This Procedure shall determine the mechanism for submission by the reporting entities information necessary for record keeping by SFMS, for registration of financial transactions, which according to the Law of Ukraine "On prevention and counteraction to the legalization (laundering) of the proceeds from crime or terrorist financing" (hereinafter – the Law) are subjected to financial monitoring, and submission by these entities to the SFMS of information concerning mentioned above transactions and other financial transactions, which may be related to money laundering or terrorist financing.
2.    This Procedure shall apply to all entities (except banks), established in the Article 5 of the Law, in particular to their separate subdivisions.
       3.    Definitions used in this Procedure are in the means as they defined in the Law.
      4.    Any information submitted by entity to SFMS on paper shall be sent by post with notification on receiving or in person, if electronicallyby secured communication channels.
In case if entity submits information to SFMS on paper, the confirmation of complying with terms for submitting of information foreseen by the Law, shall be the document of postal operator that approves the fact of submitting relevant information.
 The entity shall submit information to the addresses designed by SFMS.
 The documents approving the fact of submitting information to SFMS shall be kept for five years.
 Registration of the entities
5.    Entities, except specially designated, shall be obliged to submit information for registration in SFMS during three business days from the day of compliance officer appointment, but no later than on the day then first transaction is performed.
6.   Specially designated entities shall be obliged to submit information for registration in SFMS in thefollowing order:
 business entities which provide intermediary services in real estate purchase-sell transactions, - not later than within three business days from the date of establishing business relations with customers who intends to provide legal act concerning real estate purchase-sale in amount that is equal or exceeds UAH 400 000 or equal amount in foreign currency;
business entities which sale precious metals and stones and finished goods for cash, - not later than within three business days from the date of providing financial transactions with high value object (in particular, precious metals, precious stones, antique, pieces of art etc) or organize trade of such objects, including auctions, if the amount of transaction is equal or exceeds UAH 150 000 or equal amount in foreign currency;
 business entities which provide lotteries and gambling, including casinos, internet casinos - not later than within three business days from the date of providing financial transaction related to receiving and paying the bets or prises;
 advocates, auditors, audit firms, notaries, persons who provide legal services, natural persons - entrepreneurs who provide accounting services - not later than within three business days from the date of establishing business relations with customer who attends to perform one of the legal acts foreseen by the Article 8 (1) of the Law;
 natural persons - entrepreneurs and legal persons which provide financial transactions with goods (execute works, provide services) for cash, - no later than within three business days from the date of providing financial transaction in amount that is equal or exceeds UAH 150 000 or equal amount in currency.
 7.   Information for registering by SFMS shall be submitted in paper under the form established by SFMS. Information shall obligatory contain entity registration data; its location (point of residence); compliance officer or person temporary executing his/her functions. Information about separate subdivisions shall be submitted if separate subdivisions are available.

            8.   In case if the entity submitted for registration incomplete information or information containing mistakes the SFMS shall inform entity about this. In such case, the entity shall be obliged to submit full and/or corrected information within three business days from the day of receiving information from the SFMS.
 
9.   On the grounds of submitted information necessary for registration the SFMS shall form the record identifier which certifies the fact of registration within five business days from the day of information receiving.Record identifiercombination of letters of Latin alphabet and numbers which are used in registering entity by SFMS, and are used by entity in performing its obligations according to the Law, including registration and submitting information, providing requests to state authorities on customer identification and in other cases prescribed by the legislation.The procedure of forming and assigning of record identifier as well as form for informing on results of information proceeding received from reporting entity for its registration shall be established by the SFMS.
 10.  In case of changing information submitted for the registration, within three business days from the day of coming into force of such changes the entity shall be obliged to submit relevant information to the SFMS. Such information can be submitted in paper or electronic form.
       11.  In case of suspending activity the entity shall be obliged to inform the SFMS about this fact and the reasons of suspending activity.
 Registration of financial transactions subjected to financial monitoring
12.   Registration of financial transactions subjected to financial monitoring, other financial transactions that could be related to the legalization (laundering) of the proceeds from crime or financing of terrorism shall be provided by entity through entering relevant information to the register.
 Register - form of registration by entity the information about financial transactions subject to financial monitoring, other financial transactions that could be related to the legalization (laundering) of the proceeds from crime or financing for terrorism, and their participants, which shall be established by SFMS.
 13. The following information on performing or attempt to perform financial transaction shall be introduced to the register:
 Subject to obligatory financial monitoring according to the Article 15 of the current Law;
Subject to internal financial monitoring according to the Article 16 of the current Law;
Refused in performing by entity due to it contains indicia of transactions subject to financial monitoring according to the Law;
Refused by the entity due to non-submitting by customer with which business relations are established necessary information for identification and studying of customer’s financial activity;
Concerning which there are sufficient grounds to consider that they are related to, linked or intended for financing of terrorist activity, acts or organizations, and organization or persons to whom international sanctions are applied;
Suspended by the entity due to transactions contain indicia foreseen by the Articles 15 and 16 of the Law;
Suspended by entity due to it participants or beneficiaries are persons enlisted to the list of persons related to terrorist activity or to whom international sanctions are applied;
Suspended by the SFMS in case of taking decision on suspending expenditure transactions;
Suspended by the SFMS on performing the request of competent authority of foreign country;
Concerning which entity received from SFMS the request on monitoring financial transactions of customer.
 14. The following shall be entered to the register:
       serial number and date of registration of financial transaction;
data revealed during identification of person who performed financial transaction, person in behalf of which, or under the commission of which, or in the interests of which the financial transaction was performed, or beneficiary;
information on other persons – participants of financial transaction;
type of financial transaction;
amount of financial transaction;
currency of financial transaction;
grounds of financial transaction;
information on financial transactions related to prior registered financial transaction (if available);
indicia under which financial transaction subject to financial monitoring;
information on suspending financial transaction;
date and time of performing, attempt to perform or refusal of performing financial transaction;
additional information necessary for analyses of financial transactions by SFMS;
surname, name, patronymic and position of employee who entered information to the register.
 15.The entity shall provide revealing of financial transactions established by the paragraph 13 of this Procedure before beginning, in process, not later than on next day after performing, or in the day of appearing suspicious, or during attempt to perform or refusal to perform them by customer.
 In case of reveling transactions participants or beneficiary of which are persons enlisted to the list of person related to terrorist activity or to whom international sanctions are applied, the entity shall submit information on such transaction to the register in the same day.
 In case of suspending financial transactions under the request of SFMS, the entity shall submit information on such transaction to the register in the same day.
 In case of revealing other financial transactions different from established in paragraphs 2 and 3 of this paragraph, the entity shall submit information about them to the register no later than within next business day from the day of their revealing.
 16. Registration of financial transactions shall be provided by the entity.
 Under the decision of the entity, its separate subdivision can independently provide registration of financial transactions and submit information on them to SFMS.
 17. Information about transaction shall be entered into the register, which shall be maintained electronically and/or in paper.
If the register is maintained electronically, then in the end of each month all new records shall be printed. The printed pages shall be certified by the signature of a manager or compliance officer. By the fifth day of every month the pages printed during the prior month shall be filed into brochures in the date order, tied together, and certified by the signatures of a manager or compliance officer along with the seal. Total amount of the pages in a brochure, the first and the last date of records introduced shall be indicated on the front page. Such pages shall be kept for 5 years.
18.    In case of impossibility to enter information on financial transaction to the register within prescribed terms, which is maintained electronically, register shall be filled in paper.
 19.    Every record in the register shall be given a serial number.
       Correcting of data entered to the registered shall not be allowed. In case of mistake in the register, the inaccurate record shall be cancelled and correct record shall be entered under new number and registration date.
 20.   Instruction on register keeping shall be established by the SFMS.
 
Submission of information to the SFMS of Ukraine
21.   In prescribed by the Law cases the entity shall submit reference on financial transaction entered to the register (hereinafter -  reference on financial transaction) according to the form and procedure for filling established by the SFMS.

       
22. Reference on financial transaction shall consist of information on entity (separate subdivision) submitted it and information on financial transaction entered to the register.
 Reference on financial transaction can contain information on several financial transactions.
 23.   The requisites of subdivision shall be noted in the reference on financial transaction submitting by the entity – legal person on the ground of information received from separate subdivision. The list of obligatory requisites shall be established by the SFMS.
 24.   The entity shall submit the reference on financial transaction to the SFMS electronically, and in case of non-systematic submission (no more than four registered transactions during one calendar year) – on paper.
 In case if the entity has to submit reference on fifth and following transaction during one calendar year, the entity shall provide submission electronically.
 Special designated entities shall have the right to submit to the SFMS the references on financial transactions on paper independently of their quantity.          

       
 25.      If due to any reasons the entity (separate subdivision) had not received from the SFMS reference on registration (refusal of registration) of information submitted to the SFMS in ten business days from the moment of receiving reference on receiving mail or in two business days from the moment of submitting reference on financial transaction electronically, such entity (separate subdivision) shall apply to SFMS about the reasons of non-receiving the relevant reference.

 26.      In case of impossibility to submit to the SFMS reference on financial transaction electronically in terms prescribed by the Law, such reference shall be submitted on paper.

 
         27.      In case of receiving from the SFMS reference on refusal of registering the entity shall be obliged to submit to SFMS proper reference on financial transaction in three business days from the moment of receiving.
 In case of submitting to the SFMS three non-proper composed references on the same financial transaction, the information on such financial transaction shall be considered as nonsubmitted.
 28.  If entity took decision on refusal of establishing business relations with customer due to impossibility his/her identification according to the requirements of legislation, the entity shall be obliged to inform the SFMS about the persons attempted to perform financial transaction in one business day from the moment of refusal but no later than on next business day.
 Reference on refusal of establishing business relations with customer shall be composed in free form with mentioning circumstances of customer’s attempt, and all available information about customer.
 29. Information under the request of the SFMS entity shall submit on paper together with cover letter in which the list of attached documents (copies of documents) is noted. Copies of documents shall be certified by signature of Head of entity along with seal.
 APPROVED by the Resolution
of Cabinet of  Ministers of Ukraine
as of August, 25 2010747
 
PROCEDURE
 For Register by the SFMS of Ukraine Information
on Financial Transaction Subjected to Financial Monitoring
 
1.   This Procedure defines the mechanism of registration by the State Financial Monitoring Service of the information on financial transaction subjected to financial monitoring or other financial transactions to be related to legalization (laundering) of the proceeds from crime or terrorist financing submitted by reporting entity (its separate division) (herein after – reporting entity)

       
2.     Definitions used in this Procedure are in the means as they defined in the Law of Ukraine “On Prevention to the Legalization (Laundering) of the Proceeds from Crime or Terrorist Financing”.
3.     Information on financial transaction shall be registered by the SFMS in the Unified State Informational System on prevention and counteraction to legalization (laundering) proceeds from crime and terrorism financing (here and after – Unified Informational System) in the electronic form.
     4.Information on financial transaction shall be registered after verification that report on such financial transaction is properly composed and submitted but no later than the next business day after receiving such information electronically, or in the day of entering information to the Unified Information Systemif information was received on paper.
 SFMS provide entering information on financial transaction received from entity on paper to Unified Informational System no later than within three business days after receiving such information.
 5.     Each information on financial transaction registered by the SFMS shall be assigned record number within current year. In case if the entity submits information on introducing changes to registered by the SFMS information, new record number shall not be assigned to such information.

          6.    In case when information is not in proper form the SFMS refuses in registration of such information and informs corresponding reporting entity within three business days.
      7.    After receiving the proper information and registration the SFMS informs corresponding reporting entity within three business days.
 8. Registration form for information on financial transaction on paper, structure of files for electronic informational exchange and procedure of informing the reporting entity shall be defined by the SFMS.
 
 APPROVED by the Resolution of
 Cabinet of Ministers of Ukraine
 
as of August, 25 2010 № 747
 
LIST
Of the Resolutions of the Cabinet of Ministers of Ukraine Which Lost Force
 1.        The Resolution of the Cabinet of Ministers of Ukraine as of April 26, 2003 № 644 “On Approving the Procedure of registering financial transactions by reporting entities”.

2.        The Resolution of the Cabinet of Ministers of Ukraine as of April 26, 2003  № 646 “On Approving the Procedure of registering the financial transactions subjected to financial monitoring by State Committee for Financial Monitoring”.
 3.        The Resolution of the Cabinet of Ministers of Ukraine as of November 20, 2003 № 1800 “On Approving the Procedure of providing internal financial monitoring by business entities which organize and hold casinos, other ambling institutions and pawnshops”.
 
4.        The Resolution of the Cabinet of Ministers of Ukraine as of August 10, 2004 № 1010 “On Introducing amendments to the Clause 4 of the Procedure of registering financial transactions by reporting entities”.
 5.           The Resolution of the Cabinet of Ministers of Ukraine as of November 17, 2004 № 1548 «On Introducing amendments to the Procedure of providing internal financial monitoring by business entities which organize and hold casinos, other ambling institutions and pawnshops”.
6.           The Resolution of the Cabinet of Ministers of Ukraine as of July 12, 2005 № 572 “On Introducing amendments to the some Resolutions of the Cabinet of Ministers of Ukraine”.
7.           The Resolution of the Cabinet of Ministers of Ukraine as of April 5, 2006   № 458 “On Introducing amendments to the some Resolutions of the Cabinet of Ministers of Ukraine on financial monitoring issues”.
 
 
 

 



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