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 : : Legal Framework
2010-08-28 00:00:00  Print Version



 
THE CABINET OF MINISTERS OF UKRAINE
 
RESOLUTION No 759
As of August 28, 2010 No 759
On adopting the Procedure for Providing Information on Financial Transactions by State Authorities to the State Financial Monitoring Service
According to the Part 9 and 10 of the Article 12 part 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:
 
To adopt the Procedure for Providing Information on Financial Transactions by State Authorities to the State Financial Monitoring Service, annexed.
 

   Prime-Minister of Ukraine
Mykola AZAROV

 
 
                                                                APPROVED
                                                                by the Resolution of
                                                                the Cabinet of Ministers of
                                                                Ukraine as of August 28, 2010 No 759
 
 
PROCEDURE
for Providing Information by State Authorities on Financial Transactions to the State  Financial Monitoring Service
 
General provisions
 
1.  This Procedure defines the procedure of providing to the SFMS of Ukraine:
 
by state authorities which carry out AML/СFT activities the information on financial transactions, which are suspected to be related to legalization (laundering) of proceeds of crime and financing of terrorism, or related  to persons to whom international sanctions are applied, revealed during the implementation of its powers (hereinafter - information on financial transaction);
 
by state authorities the information (copies of documents) required to perform assigned duties of the SFMS (hereinafter - information (copies of documents).
 
2.  The action of this Procedure apply to state authorities, including authorities carrying out AML/CFT activity (hereinafter - the state authorities).
 
3.  Information provided by the state authorities under this Procedure is restricted access information. Sharing, disclosure and protection of this information shall be provided according to the law.
 
4.  Peculiarity of forms and procedures for providing information under this Procedure shall be set by mutual act of the SFMS and appropriate state authority.
 
 
 
 
Requirements for providing information on financial transactions
 
5.  Information on financial transaction shall be provided by state authority within ten calendar days from the day when suspicions arise that transaction is linked or related to legalization (laundering) of proceeds of crime or financing of terrorism or it is related to persons to whom international sanctions are applied.
 
6.  Information on financial transaction is provided in writing form signed by an authorized official of state authority.
 
7.  Information on financial transaction shall contain the following information:
date of conducting financial transaction (denial of its holding, its suspension);
amount of financial transaction;
content of financial transaction;
data on financial transaction participants;
reasonable suspicions that financial transaction is related to legalization (laundering) of proceeds of crime or financing of terrorism or is related to persons concerning whom international sanctions were applied;
other data on financial transaction (if available).
 
8.  If relevant documents concerning conducting financial transaction are available, then state authority shall also submit copies of such documents certified according to legislation.
 
Providing information on request of the SFMS
 
9.  State authorities provide information (copies of documents) on request of the SFMS.
 
10. Request concerning providing information (copies of documents) to SFMS shall be sent in written form signed by an authorized official of the SFMS.
 
11. State authorities, their officials shall provide requested information (copies of documents) according to legislation and within ten calendar days after receiving the request from the SFMS.
 
12. State authority shall provide the SFMS with the requested information in written form signed by an authorized official of state authority and contain  the following:
details of  the SFMS request on which a response is send;
complete and reliable required information;
copies of documents to confirm relevant information certified according to legislation (if available).
 

13. Illegitimate refusal to provide information (copies of documents), untimely or incomplete assignment result to liability of state authorities officials according to the law.



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