RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 22, 2020 No. 622

About approval of the Procedure for forming of the list of the faces tied with implementation of terrorist activities or to which the international sanctions are applied

According to part one of article 24 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" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for forming of the list of the faces tied with implementation of terrorist activities or to which the international sanctions which is applied are applied.

2. Declare invalid the resolution of the Cabinet of Ministers of Ukraine of November 25, 2015 No. 966 "About approval of the Procedure for forming of the list of the faces tied with implementation of terrorist activities or to which the international sanctions" (The Official Bulletin of Ukraine, 2015, No. 96, the Art. 3288) are applied.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 22, 2020 , No. 622

Procedure for forming of the list of the faces tied with implementation of terrorist activities or to which the international sanctions are applied

1. This Procedure determines the mechanism of forming of the list of the faces tied with implementation of terrorist activities or to which the international sanctions are applied (further - the list of persons).

2. In this Procedure terms are used in the value 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. The list of persons is created by Gosfinmonitoring.

4. The bases for inclusion of person in the list of persons is:

1) the decision of administrative court on inclusion of physical persons, legal entities and the organizations who answer the criteria determined by resolutions of the UN Security Council in the specified list;

2) data which are created by the international organizations or bodies authorized by them, about physical persons, legal entities and the organizations which are connected with the terrorist organizations or terrorists, and also about persons to whom the international sanctions are applied.

5. The list of persons is created based on the data determined by item 4 of this Procedure and contains the following information:

1) concerning citizens of Ukraine - surname (in the presence), name and middle name (in the presence); birth date, number and series (in the presence) of the passport or other document which proves the identity and according to the legislation can be used in the territory of Ukraine for the conclusion of agreements, date of its issue and the name of the body which issued; place of residence and/or stay; registration number of accounting card of the taxpayer, number and series (in the presence) passports of the citizen of Ukraine in which the mark about refusal of adoption of registration number of accounting card of the taxpayer, passport number with record about refusal of adoption of registration number of accounting card of the taxpayer in the electronic contactless medium is put down; unique number of entry in the Unified state demographic register (in the presence);

2) concerning legal entities - residents - full name; location; identification code according to EGRPOU;

3) concerning foreigners and physical persons without nationality - surname (in the presence), name and middle name (in the presence); nationality or citizenship; birth date; number and series (in the presence) the passport or other identity document, date of its issue, the country of issue and the name of body which issued it; data on the place of stay and/or permanent or temporary residence; unique number of entry in the Unified state demographic register (in the presence);

4) concerning legal entities - nonresidents - full name; country of the basis; location;

5) concerning the organizations, including trusts, - full name; country of the basis; location; identification number which is used by the nonresident during submission of tax declarations and other tax deeds to tax authorities in the country which resident it is (in the presence).

6. Information, the stipulated in Item 5 presents About, without delay (in the shortest possible time during the working day in which the corresponding actions shall be performed from the moment of approach of the bases for their implementation) moves to Gosfinmonitoring in electronic form with use of system of electronic interaction of executive bodies of the SSU in the presence of the bases determined by the subitem 1 of item 4 of this Procedure, and the MFA - the bases determined by the subitem 2 of item 4 of this Procedure.

In case of situation which results in impossibility of representation to Gosfinmonitoring of data in electronic form information immediately moves purposely or with use of government courier communication.

Specified in items 4 and 5 these Procedures for the data go to Gosfinmonitoring immediately in day of receipt of data (documents) necessary for inclusion of physical persons, legal entities and the organizations in the list of persons.

The data provided by the subitem 2 of item 4 of this Procedure, Gosfinmonitoring are received from the official website by the UN and the MFA.

7. Forming of the list of persons or entering of changes into it is performed by Gosfinmonitoring immediately based on the data specified in items 4 and 5 presents About.

8. The basis for exception of person of the list of persons are:

1) the decision of administrative court on exception of physical persons, legal entities and the organizations who do not answer the criteria determined by resolutions of the UN Security Council from the specified list;

2) exception of data on person or the organization of data which are created by the international organizations or bodies authorized by them, about physical persons, legal entities and the organizations which are connected with the terrorist organizations or terrorists, and also about persons to whom the international sanctions are applied.

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