INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of October 17, 2018 No. 4935-U

About modification of the Provision of the Bank of Russia of March 30, 2018 No. 639-P "About procedure, terms and amount of bringing to data of credit institutions and not credit financial credit institutions of information on cases of refusal of carrying out transaction, refusal of the conclusion of bank account agreement (contribution) and (or) agreement cancelation of the bank account (contribution) with the client, about elimination of the bases of decision making about refusal of carrying out transaction, about elimination of the bases of decision making about refusal of the conclusion of bank account agreement (contribution), about lack of the bases for agreement cancelation of the bank account (contribution) with the client"

1. Based on Item 13.3 of article 7 of the Federal Law of August 7, 2001 No. 115-FZ "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (The Russian Federation Code, 2001, No. 33, Art. 3418; 2002, No. 30, Art. 3029; No. 44, Art. 4296; 2004, No. 31, Art. 3224; 2005, No. 47, Art. 4828; 2006, No. 31, Art. 3446, Art. 3452; 2007, No. 16, Art. 1831; No. 31, Art. 3993, Art. 4011; No. 49, Art. 6036; 2009, No. 23, Art. 2776; No. 29, Art. 3600; 2010, No. 28, Art. 3553; No. 30, Art. 4007; No. 31, Art. 4166; 2011, No. 27, Art. 3873; No. 46, Art. 6406; 2012, No. 30, Art. 4172; No. 50, Art. 6954; 2013, No. 19, Art. 2329; No. 26, Art. 3207; No. 44, Art. 5641; 52, Art. 6968; 2014, No. 19, Art. 2311, Art. 2315, Art. 2335; No. 23, Art. 2934; No. 30, Art. 4214, Art. 4219; 2015, No. 1, Art. 14, Art. 37, Art. 58; No. 18, Art. 2614; No. 24, Art. 3367; No. 27, Art. 3945, Art. 3950, Art. 4001; 2016, No. 1, Art. 11, Art. 23, Art. 27, Art. 43, Art. 44; No. 26, Art. 3860, Art. 3884; No. 27, Art. 4196, Art. 4221; No. 28, Art. 4558; 2017, No. 1, Art. 12, Art. 46; No. 31, Art. 4816, Art. 4830; 2018, No. 1, Art. 54, Art. 66; No. 17, Art. 2418; No. 18, the Art. 2560, the Art. 2576, the Art. 2582) and parts one of article 7 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; No. 10, Art. 1151; No. 18, Art. 2117; 2008, No. 42, Art. 4696, Art. 4699; No. 44, Art. 4982; No. 52, Art. 6229, Art. 6231; 2009, No. 1, Art. 25; No. 29, Art. 3629; No. 48, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, Art. 5973; No. 48, Art. 6728; 2012, No. 50, Art. 6954; No. 53, Art. 7591, Art. 7607; 2013, No. 11, Art. 1076; No. 14, Art. 1649; No. 19, Art. 2329; No. 27, Art. 3438, Art. 3476, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6336; No. 51, Art. 6695, Art. 6699; No. 52, Art. 6975; 2014, No. 19, Art. 2311, Art. 2317; No. 27, Art. 3634; No. 30, Art. 4219; No. 40, Art. 5318; No. 45, Art. 6154; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 37; No. 27, Art. 3958, Art. 4001; No. 29, Art. 4348, Art. 4357; No. 41, Art. 5639; No. 48, Art. 6699; 2016, No. 1, Art. 23, Art. 46, Art. 50; No. 26, Art. 3891; No. 27, Art. 4225, Art. 4273, Art. 4295; 2017, No. 1, Art. 46; No. 14, Art. 1997; No. 18, Art. 2661, Art. 2669; No. 27, Art. 3950; No. 30, Art. 4456; No. 31, Art. 4830; No. 50, Art. 7562; 2018, No. 1, Art. 66; No. 9, Art. 1286; No. 11, Art. 1584, Art. 1588; No. 18, Art. 2557; No. 24, Art. 3400; No. 27, Art. 3950; No. 31, of the Art. 4852) to bring in the Provision of the Bank of Russia of March 30, 2018 No. 639-P "About procedure, terms and amount of bringing to data of credit institutions and not credit financial credit institutions of information on cases of refusal of carrying out transaction, refusal of the conclusion of bank account agreement (contribution) and (or) agreement cancelation of the bank account (contribution) with the client, about elimination of the bases of decision making about refusal of carrying out transaction, about elimination of the bases of decision making about refusal of the conclusion of bank account agreement (contribution), about lack of the bases for agreement cancelation of the bank account (contribution) with the client", registered by the Ministry of Justice of the Russian Federation on June 5, 2018 No. 51297, the following changes.

1.1. Declare Item 1.1 invalid.

1.2. State Item 1.2 in the following edition:

"1.2. The Bank of Russia when obtaining from authorized body of information creates the message electronically.

The electronic message created by the Bank of Russia shall include the following data:

concerning information on cases of refusal of carrying out transaction, and also on elimination of the bases of decision making on refusal of carrying out transaction - data on transaction which carrying out to the client it was refused (including the information about the client), data on elimination of the bases of decision making on refusal of carrying out transaction (in the presence);

concerning information on cases of refusal of the conclusion of bank account agreement (contribution), on elimination of the bases of decision making on refusal of the conclusion of bank account agreement (contribution), on cases of agreement cancelation of the bank account (contribution) with the client, and also about elimination of the bases of decision making about agreement cancelation of the bank account (contribution) with the client - the information about the client, data on refusal of the conclusion of bank account agreement (contribution), data on agreement cancelation of the bank account (contribution) with the client, data on elimination of the bases of decision making on refusal of the conclusion of bank account agreement (contribution) (in the presence), data on elimination of the bases of decision making on agreement cancelation of the bank account (contribution) with the client (in the presence).

The amount of information which is brought to the attention of credit institutions is determined by the Bank of Russia in coordination with authorized body, depending on degree (level) of risk of making by clients of transactions for the purpose of legalization (washing) of income gained in the criminal way or terrorism financing (further - degree (level) of risk). The scope of information, entering the specified information amount, according to the paragraph to the second Item 3.3 of this provision is posted by the Bank of Russia on the official site of the Bank of Russia on the Internet (further - Internet network)".

1.3. In the paragraph the second Item 1.3 of the word "territorial office" shall be replaced with words "territorial office of the Bank of Russia in the territory of which the credit institution is located (further - territorial office),".

1.4. In the paragraph the second Item 1.4 of the word "which availability is provided by paragraphs the third and fourth Item 1.2" shall be replaced with words "the list of whom is posted on the official site of the Bank of Russia in Internet network according to the paragraph the second Item 3.3".

1.5. In Item 2.1 of the word", received from authorized body," to exclude.

1.6. State Item 2.2 in the following edition:

"2.2. The Bank of Russia when obtaining from authorized body of information creates the message electronically.

The electronic message created by the Bank of Russia shall include the data established by the paragraph third Item 1.2 of this provision.

The amount of information which is brought to the attention of not credit financial credit institutions is determined by the Bank of Russia in coordination with authorized body, depending on degree (level) of risk. The scope of information, entering the specified information amount, according to the paragraph to the second Item 3.3 of this provision is posted by the Bank of Russia on the official site of the Bank of Russia in Internet network.".

The electronic message specified in the paragraph the second this Item shall be sent by the Bank of Russia to not credit financial credit institutions no later than 15 working days from the date of, the receipt of information following behind day from authorized body, by placement in personal accounts of not credit financial credit institutions in time.".

1.7. State Item 3.3 in the following edition:

"3.3. The Bank of Russia shall post on the official site of the Bank of Russia in the Internet networks approved with authorized body:

the scope of information, entering amount of information brought to credit institutions (not credit financial credit institutions) according to Items 1.2 and 2.2 of this provision;

structure of the notification of territorial office on adoption of the archive file, notification of territorial office on rejection of the archive file, notification on adoption of the electronic message, notification on rejection of the electronic message (further - structure of the notification of the Bank of Russia).".

1.8. Item 3.4 in paragraph one to replace the word "list" with the word "structure".

2. This Instruction becomes effective after 10 days after day of its official publication.

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