RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of September 9, 2020 No. 850

Some questions of the organization of financial monitoring

According to Item of 1 part two of Article 8, to parts one, the fourteenth Article 16, "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 parts five of article 25 of the Law of Ukraine:

1. Approve such which are applied:

Procedure for provision of information for registration (removal from accounting accounting/recovery) of subjects of primary financial monitoring, registration and provision by subjects of primary financial monitoring to Public service of financial monitoring of information on the financial transactions which are subject to financial monitoring, other information which can be connected with legalization (washing) of income gained in the criminal way, financing of terrorism and financing of distribution of weapons of mass destruction;

Procedure for maintaining by Public service of financial monitoring of accounting of information on the financial transactions which are subject to financial monitoring;

Procedure for conducting financial monitoring of accounting of subjects of primary financial monitoring by Public service.

2. Recognize invalid:

the resolution of the Cabinet of Ministers of Ukraine of August 5, 2015 No. 552 "Some questions of the organization of financial monitoring" (The Official Bulletin of Ukraine, 2015, No. 64, the Art. 2120);

Item of 2 changes which are made to the resolution of the Cabinet of Ministers of Ukraine, approved by the resolution of the Cabinet of Ministers of Ukraine of May 10, 2018 No. 343 (The Official Bulletin of Ukraine, 2018, No. 40, the Art. 1408).

3. This resolution becomes effective since January 1, 2021.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of September 9, 2020 , No. 850

Procedure for provision of information for registration (removal from accounting accounting/recovery) of subjects of primary financial monitoring, registration and provision by subjects of primary financial monitoring to Public service of financial monitoring of information on the financial transactions which are subject to financial monitoring, other information which can be connected with legalization (washing) of income gained in the criminal way, financing of terrorism and financing of distribution of weapons of mass destruction

1. This Procedure determines procedure for granting subjects of primary financial monitoring (further - subjects) to Gosfinmonitoring according to 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) information necessary for their capture on accounting as subjects and removal from accounting/recovery on accounting, registration and provisions by subjects to Gosfinmonitoring of information on the financial transactions which are subject to financial monitoring, other information which can be connected with legalization (washing) of income gained in the criminal way, financing of terrorism and financing of distribution of weapons of mass destruction (further - information connected with carrying out financial monitoring).

2. Action of this Procedure extends to all subjects and separate divisions of the subject which are separate legal entities and which subject is granted permission to provide independently information connected with carrying out financial monitoring (except subjects concerning which the National Bank according to article 18 of the Law performs functions of state regulation and supervision).

3. Terms which are used in this Procedure have such value:

visual form of the notification - display by electronic means or on paper in the form suitable for acceptance by the person of contents of data which the notification contains;

e-office of system of financial monitoring (e-office) - electronic system of interaction between Gosfinmonitoring and subjects, subjects of the state financial monitoring, law enforcement and other state bodies;

the user - person authorized by the subject on information exchange with Gosfinmonitoring with use of e-office;

private office - private component of e-office which is created by the user for provided with the Law of information exchange with Gosfinmonitoring, access to which is provided after passing by the user of electronic identification by means of the integrated system of electronic identification or the qualified digital signature;

the notification - the electronic document (the file of information exchange) containing information for registration (removal from accounting/recovery on accounting) the subject or the information connected with carrying out financial monitoring, provided by the subject to Gosfinmonitoring and also information which is carried to the subject by Gosfinmonitoring according to the Law;

the applied program interface - e-office component which provides automation of interaction of the user with functionality of e-office.

Other terms are used in the value given in the Law, the Laws of Ukraine "About electronic documents and electronic document management", "About electronic confidential services".

4. Provision by the subject of any information to Gosfinmonitoring is performed electronically in unified information system 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 (further - unified information system) with use of components of e-office: private office or applied program interface.

For provisions by the subject of information date and time of provision of the notification in private office or, in case of use of the applied program interface - date and time of forming of the adequate notice by Gosfinmonitoring about processing of such information electronically is.

Confirmation of the fact of provision by the subject of information electronically is receipt of the adequate notice of Gosfinmonitoring by it.

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