ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT AND TRADE OF UKRAINE

of September 25, 2018 No. 1368

About approval of Criteria by which risk level of the subject of primary financial monitoring is estimated to be income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction used for the purpose of legalization (washing)

According to paragraph one of Item 1, to Item 3 parts two of article 14 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" and to Item 16 of the Actions plan for 2016 on prevention and counteraction of legalization (washing) of income gained in the criminal way, ORDER to financing of terrorism and financing of distribution of the weapons of mass destruction approved by the resolution of the Cabinet of Ministers of Ukraine and the National Bank of Ukraine of February 11, 2016 No. 103,:

1. Approve Criteria by which risk level of the subject of primary financial monitoring is estimated to be income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction which are applied used for the purpose of legalization (washing).

2. And developments of the industry to provide to department of management of state-owned property submission of this order in accordance with the established procedure on state registration in the Ministry of Justice of Ukraine.

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

4. To impose control of execution of this order on the First Deputy Minister of Economic Development and Trade of Ukraine Nefedov N. E.

Approved by the Order of the Ministry of Economic Development and Trade of Ukraine of September 25, 2018 No. 1368

Criteria by which risk level of the subject of primary financial monitoring is estimated to be income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction used for the purpose of legalization (washing)

1. These Criteria are developed for the purpose of forming of plans of checks of subjects of primary financial monitoring, state regulation and supervision of which activities is exercised by the Ministry of Economic Development.

2. Terms in these Criteria are used in the values given in 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".

3. Action of these Criteria extends to subjects of primary financial monitoring, state regulation and supervision of whom in the sphere of 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 is performed by the Ministry of Economic Development, - commodity and other exchanges which perform financial operations with goods (further - subjects).

4. Risks of subjects to be used for the purpose of legalization (washing) of income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction are estimated by the following criteria:

duration (term) of implementation of activities for the organization of stock exchange trading in the goods market;

availability of the facts of violations of the law in the sphere of 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;

availability of separate divisions (branches, other divisions of the subject).

5. By results of estimation of subjects the low, average or high risk is established.

With low risk treat subjects such which correspond to all following criteria at the same time:

implementation of activities for the organization of stock exchange trading in the goods market over five years;

absence within the last three years of the facts of violations of the law in the sphere of 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;

absence of separate divisions (branches).

With high risk treat subjects such which answer at least one of the following criteria:

implementation of activities for the organization of stock exchange trading in the goods market less than three years;

within the last year two and more violations of the law in the sphere of 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 are established;

availability more than three separate divisions (branches).

With average risk treat subjects such which do not belong to low or high risk level.

6. The subjects having low risk level are checked not more often than once in three years.

Subjects which have the average level of risk are checked not more often than once in two years.

The subjects having high risk level are checked not more often than once a year.

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