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Ministry of Justice

Russian Federation

On June 1, 2021 No. 63747

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of April 28, 2021 No. 5787-U

About conditions of implementation by banks of actions, stipulated in Item 5.6 articles 7 of the Federal law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing"

This Instruction based on Item 5.6-1 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; 2021, No. 1, the Art. 75) establishes conditions of implementation by the banks with the universal license corresponding to the criteria established by paragraphs the second - the fourth Item 5.7 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 banks with the basic license corresponding to the criteria established by paragraphs the second - the fourth the specified Item, and included based on their statements in the list of banks provided by the paragraph the eighth the specified Item, actions, stipulated in Item 5.6 articles 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".

1. The bank with the universal license corresponding to the criteria established by paragraphs the second - the fourth Item 5.7 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" (further respectively - bank with the universal license, the Federal Law No. 115-FZ), shall provide making of actions, stipulated in Item 5.6 articles 7 of the Federal Law No. 115-FZ, at that head office of bank, bank branch and internal structural division of bank (branch) (further in case of joint mentioning - structural divisions) at which are performed acceptance on servicing and (or) customer service - physical persons (further - the structural divisions serving physical persons).

Making by banks with the universal license of actions, stipulated in Item 5.6 articles 7 of the Federal Law No. 115-FZ, shall be provided more than in eighty percent of the structural divisions serving physical persons from among located in settlements with population size one thousand and more people, but at least in one structural division serving physical persons in each settlement with population size one thousand and more people in whom there are such structural divisions, except as specified, the stipulated in Item 2 presents of the Instruction.

2. The bank with the universal license independently determines possibility of implementation of actions, stipulated in Item 5.6 articles 7 of the Federal Law No. 115-FZ:

if concerning the structural division serving physical persons, the bank with the universal license makes the decision on its closing within one year from the date of adoption of such decision;

concerning the structural divisions serving physical persons who have the right to perform only cash transactions with legal entities and physical persons to perform acceptance of cash of the Russian Federation and foreign currency for implementation of the translation at the request of physical person without opening of the bank account, and also separate types of banking activities and other transactions with cash foreign currency and currency of the Russian Federation, checks (including travel checks) which nominal value is specified in foreign currency, stipulated in Item 3.1 Instructions of the Bank of Russia of September 16, 2010 to No. 136-I "About procedure by authorized banks (branches) of separate types of banking activities with cash foreign currency and transactions with checks (including travel checks) which nominal value is specified in foreign currency, with participation of physical persons", registered by the Ministry of Justice of the Russian Federation on October 1, 2010 No. 18595, on May 19, 2016 No. 42154, on April 11, 2019 No. 54348, on October 30, 2020 No. 60688.

3. If the bank with the universal license in the settlement with population size has one thousand and more people are absent the structural divisions serving physical persons, and such bank performs the actions connected with acceptance on customer service - physical persons and (or) the action providing servicing of the specified clients out of structural divisions, the bank with the universal license shall provide making of actions, stipulated in Item 5.6 articles 7 of the Federal Law No. 115-FZ, out of structural divisions.

4. The bank with the universal license independently determines possibility of implementation of actions, stipulated in Item 5.6 articles 7 of the Federal Law No. 115-FZ:

concerning the structural divisions serving physical persons and located in settlements with population size one thousand and more people who are not among the structural divisions serving physical persons in whom the bank with the universal license according to the paragraph of Item of 1 this Instruction shall provide the second making of actions, stipulated in Item 5.6 articles 7 of the Federal Law No. 115-FZ;

concerning the structural divisions serving physical persons and less than one thousand people located in settlements with population size;

out of structural divisions when implementing the actions connected with acceptance on customer service - the physical persons and (or) actions providing servicing of the specified clients in settlements with population size less than one thousand people, and also in settlements with population size one thousand and more people if in such settlement the structural divisions serving physical persons in whom the bank with the universal license according to the paragraph of Item of 1 this Instruction shall provide the second making of actions, stipulated in Item 5.6 articles 7 of the Federal Law No. 115-FZ are located.

concerning structural divisions in which acceptance on servicing and (or) servicing only of clients - legal entities is performed;

out of structural divisions when implementing the actions connected with acceptance on customer service - the legal entities and (or) actions providing servicing of the specified clients.

5. The bank with the basic license corresponding to the criteria established by paragraphs the second - the fourth Item 5.7 of article 7 of the Federal Law No. 115-FZ, and included based on its statement in the list of banks provided by the paragraph the eighth Item 5.7 of article 7 of the Federal Law No. 115-FZ (further - bank with the basic license), in case of decision making about implementation of actions by it, stipulated in Item 5.6 articles 7 of the Federal Law No. 115-FZ, shall provide making of the specified actions at least in one structural division serving physical persons in each subject of the Russian Federation in which there are such structural divisions.

6. The bank with the basic license independently determines possibility of implementation of actions, stipulated in Item 5.6 articles 7 of the Federal Law No. 115-FZ:

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