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 : : Legal Framework
2010-08-30 00:00:00  Print Version



CABINET OF MINISTERS OF UKRAINE
 
Resolution
 
as of August, 30 2010  N 775
 
 
On approval of Procedure of submitting information to the State Financial Monitoring Service
by business entities, enterprises, institutions, organizations,
which are not reporting entities
 
Under the Article 12 and 20 of the Law of Ukraine “On Prevention and Counteraction to Legalization (Laundering) of the Proceeds of Crime or Terrorist Financing” Cabinet of Ministers of Ukraine resolves:
 
To Approve the Procedure for providing information on request of the State Financial Monitoring Service of Ukraine by business entities, enterprises, institutions, organizations, which are not reporting entities (attached).  
 
Prime Minister of Ukraine                                               Mykola AZAROV
                     
 
                                                       APPROVED
                                                                    by the  Resolution of the
                                                                    Cabinet of Ministers of Ukraine
                                                                    as of ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ August, 30­­ 2010  № 775
 
 
PROCEDURE
 
of Submitting Information to the State Financial Monitoring Service by Business Entities, Enterprises, Institutions, Organizations, which are not Reporting Entities
   
1.    This Procedure defines scope and procedure of providing by business entities, enterprises, institutions, organization which are not reporting entities, regardless of the form of ownership, on request of the State Financial Monitoring Service the information concerning analysis of financial transactions subjected to financial monitoring, certificates and copies of documents (including documents containing banking and commercial secrecy), necessary to execute AML/CFT powers by the SFMS of Ukraine.
 
2.    Information provided by reporting entities under this Procedure is a restricted information. Exchange, revealing and protection of such information shall be provided according to this Law.  
 
3.    Information, inquiry and copies of documents requested by SFMS shall be used for financial transactions analysis subjected to financial monitoring by the SFMS.
 
4.    Requests shall be submitted by reporting entities in written form on official letterhead of SFMS and signed by the Head of SFMS of Ukraine or by the Deputy Head.   
 
5.    The SFMS has a right to request reporting entities for information (copies of documents) concerning financial transactions, which are subjected to financial monitoring, information on participants of such transactions, as well as information on assets of participants of transactions.
 
6.    Reporting entities, their officials are obliged to provide in written the information concerning financial transactions subjected to financial monitoring by the SFMS and information necessary to execute powers by the SFMS, attaching certified by the seal of reporting entity copies of documents, proving the authenticity, and required certificates.
 
7.    Answer-letter of entity on request of the SFMS shall contain the following:
 
-          number and date of request of the SFMS to which the answer is provided;
-          complete and content information requested by the SFMS, in particular, classified information, particular banking and commercial secrecy, except information upon specific natural persons;  
-          copies of documents certified by the stamp of reporting entity to confirm provided information and necessary certificates under request of the SFMS;
-          stamped signature of the authorized official.
 
8. Contentment of request (submitting answer) shall be done within five working days from receiving the request.
 

 



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