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Ministry of Justice of Ukraine

January 22, 2016

No. 123/28253

ORDER OF THE MINISTRY OF FINANCE OF UKRAINE

of December 28, 2015 No. 1200

About approval of the Procedure for acceptance by Public service of financial monitoring of Ukraine of the decision on suspension of financial transactions

According to Items 17, 18 parts two of Article 6, to parts two, third, fifth Article 17 and to the paragraph to third parts three of article 23 of the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction" for the purpose of determination of the procedure of stop of financial transactions concerning which good reasons to believe are had that financial transaction or its participants, their activities or sources of origin of assets are connected with legalization (washing) of income gained in the criminal way, or terrorism financing are connected with making of other socially dangerous act which is determined by the Criminal code of Ukraine as crime or for which the international sanctions (if types and conditions of application of sanctions provide suspension or prohibition of financial transactions) are provided, or if her participant or the beneficiary on financial transaction is person included in the list of faces tied with implementation of terrorist activities or financing of distribution of weapons of mass destruction, PRIKAZYVAYU:

1. Approve the Procedure for acceptance by Public service of financial monitoring of Ukraine for the decision on suspension of financial transactions which is applied.

3. To department of tax, customs policy and methodology of financial accounting of the Ministry of Finance of Ukraine (Romaniuk Yu. P.) together with Department of financial investigations of Public service of financial monitoring of Ukraine (Hilyuk V. P.) to provide submission of this order in accordance with the established procedure on state registration in the Ministry of Justice of Ukraine.

4. This order becomes effective from the date of its official publication.

5. To impose control over the implementation of this order on the Deputy Minister of Finance of Ukraine Makeeva A. L. and vice-chairman of Public service of financial monitoring of Ukraine Zubriya V.P.

Minister

N. Yaresko

 

Approved by the Order of the Ministry of Finance of Ukraine of December 28, 2015 , No. 1200

Procedure for acceptance by Public service of financial monitoring of Ukraine for the decision on suspension of financial transactions

I. General provisions

1. This Procedure is developed for the purpose of realization of Items 17, 18 parts two of Article 6, of part two, third, fifth Article 17 and part three of article 23 of the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction" (further - the Law).

2. In this Procedure the term "monitoring of financial transaction" means set of actions which are performed by the subject of primary financial monitoring and are directed to provision of information on financial transaction of the corresponding person to Public service of financial monitoring of Ukraine (further - Gosfinmonitoring) in the form of the message on financial transaction with the corresponding sign of the financial transaction determined by the Law.

Other terms used in this Procedure are applied in the values given in the Law.

3. This Procedure determines the procedure of adoption of relevant decisions and provision of the corresponding orders by Gosfinmonitoring, namely:

about suspension/renewal by the subject of primary financial monitoring of carrying out or ensuring carrying out monitoring financial (financial) transaction (transactions) of the corresponding person on accomplishment of request of authorized body of foreign state - according to the paragraph third parts three of article 23 of the Law;

about further suspension financial (financial) transaction (transactions) - according to part two of article 17 of the Law;

about suspension of account financial transactions - according to part three of article 17 of the Law;

about prolongation of stop corresponding (corresponding) financial (financial) transactions (transaction) (account financial transactions) - according to the paragraph to third part five of article 17 of the Law;

about cancellation of the decision on further suspension corresponding (corresponding) financial (financial) transactions (transaction) - according to the paragraph to the second part five of article 17 of the Law;

about cancellation of the decision on suspension of account financial transactions - according to the paragraph the second parts five of article 17 of the Law.

4. Decisions and orders of Gosfinmonitoring determined by Item 3 of this Section are accepted (are provided) by the Chairman of Gosfinmonitoring or person fulfilling its duties.

Such decisions and orders are drawn up in writing on the official form of Gosfinmonitoring in the form determined in appendix to this Procedure.

5. State financial monitoring makes decisions or gives the corresponding instructions in the presence of the following bases:

in case of receipt of request of authorized body of foreign state - according to the paragraph third parts three of article 23 of the Law;

in case of receipt of the notification (notifications) about financial (financial) transaction (transactions), which implementation (which) it is suspended based on part one of article 17 of the Law, - according to part two of article 17 of the Law;

emergence of suspicions - according to part three of article 17 of the Law;

availability of motivated suspicion - according to the paragraph third parts five of article 17 of the Law.

If by results of check signs of legalization (washing) of income gained in the criminal way, either terrorism financing, or making of other crime determined by the Criminal code of Ukraine decisions according to the paragraph the second parts five of article 17 of the Law do not prove to be true, made.

6. State financial monitoring makes relevant decisions or provides the corresponding orders concerning such financial transactions:

financial (financial) transaction (transactions) which (which) contains (contain) the signs provided by articles 15 and/or 16 of the Law - according to part two of article 17 of the Law;

financial transactions on transfer or write-off of means which results from the actions containing signs of the crime execution determined by the Criminal code of Ukraine - according to part two of article 17 of the Law;

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