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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of October 21, 2020 No. 968

About approval of the Procedure for provision by state bodies, state registrars on request of the subject of primary financial monitoring of customer information

According to part five of article 11 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 provision by state bodies, state registrars on request of the subject of primary financial monitoring of customer information which is applied.

2. Recognize invalid:

the resolution of the Cabinet of Ministers of Ukraine of September 8, 2015 No. 693 "About approval of the Procedure for provision by state bodies, state registrars on request of the subject of primary financial monitoring of customer information" (The Official Bulletin of Ukraine, 2015, No. 74, the Art. 2442);

Item of 3 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).

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 21, 2020 , No. 968

Procedure for provision by state bodies, state registrars on request of the subject of primary financial monitoring of customer information

1. This Procedure determines procedure for granting state bodies, the state registrars on request of the subject of primary financial monitoring (further - the subject) information concerning proper check of the client (further - customer information), in case of impossibility of free receipt of information from public state electronic registers.

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 request for provision of necessary customer information (further - inquiry) is sent by the subject to state body (by the location of such body) and/or to the state registrar irrespective of the location of such state registrar) in writing, is signed by the head of the subject or person replacing it. The subject performing the activities solely without formation of legal entity, signs request directly. The inquiry can be sent also electronically. The format of electronic interaction and form of provision of information are determined by the relevant state bodies.

4. In request the bases for provision by state bodies, the state registrars of customer information and its list, and also the data allowing to identify unambiguously the client are specified.

For confirmation of information on the status of the subject state bodies, the state registrars address to Gosfinmonitoring in electronic and/or paper form.

State financial monitoring provides information within two working days from the date of receipt of the appeal of state body and/or the state registrar.

5. The request of the subject cannot concern provision of consultations and explanations of provisions of the legislation.

6. State bodies, the state registrars gratuitously provide within 10 working days from the date of receipt of request to the subject customer information.

7. Processing of personal data of the client, information on whom is requested by the subject, is performed by state bodies, the state registrars without receipt of consent of the client.

8. Letters of state bodies, state registrars with information provided on the subject's request shall contain:

number and outgoing date of request of the subject on which the answer is provided;

information which is requested by the subject and is within the competence of state body or contains in the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming (for requests of the state registrars);

the bases for refusal in provision of customer information (in case of failure to provide such information).

9. The subject keeps the register of requests of state bodies, state registrars which shall contain outgoing details of request, surname, name and middle name (in the presence) of physical person or full name of the legal entity, information on which is requested, the bases for sending an inquiry and details of the letter of state body, state registrar with information which arrived in response to the subject's request.

State bodies, the state registrars keep in the procedure established by the legislation account of requests of subjects in the separate register in which the following information about the subject is specified: surname, name and middle name (in the presence), number (and in the presence - series) passports of the citizen of Ukraine (or other document which proves the identity and according to the legislation it can be used in the territory of Ukraine for transactions), registration number of accounting card of the taxpayer or series and passport number (for physical persons which because of the religious beliefs refuse adoption of registration number of accounting card of the taxpayer and officially reported about it to the relevant monitoring body and have mark in the passport) and/or full name, the location, identification code of the legal entity in the Unified state register of the companies and organizations of Ukraine, the entering request details, outgoing details of the letter of response.

10. Request of the subject and information provided by state bodies, the state registrars it agrees requirements of this Procedure, are information with limited access which is used only for the purpose of and according to the procedure of execution of requirements of the legislation 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 and is not subject to transfer to the third parties, except the cases provided by the law.

11. Concerning storage of the customer information arriving from state bodies, the state registrars and its disclosure the subject bears responsibility according to the law for violation of requirements of the legislation.

 

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