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Ministry of Justice

Russian Federation

On August 31, 2021 No. 64808

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of July 15, 2021 No. 5861-U

About procedure for submission by credit institutions to authorized body of data and information according to articles 7 and 7.5 of the Federal law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing"

This Instruction based on subitems 6 and 7 of Item 1, Items 7, 13 and 13.1 Articles 7, Items 5 and 6 of article 7.5 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; "The official Internet portal of legal information" (www.pravo.gov.ru), on July 2, 2021), parts one of article 57 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; 2018, No. 53, the Art. 8440) and Items 3, 5, 5.1 and 7 Regulations on submission of information to Federal Service for Financial Monitoring by the organizations performing transactions with money or other property, and individual entrepreneurs and the direction by Federal Service for Financial Monitoring of requests in the organizations performing transactions with money or other property and to individual entrepreneurs, No. 209 approved by the order of the Government of the Russian Federation of March 19, 2014 (The Russian Federation Code, 2014, No. 12, Art. 1304; 2020, No. 43, the Art. 6804), establishes procedure for representation by credit institutions in the federal executive body performing functions on counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction, data and information according to articles 7 and 7.5 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 credit institution shall create the electronic document in the form of the formalized electronic message (further - FES) according to established based on article 57 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" and posted on the official site of the Bank of Russia on the Internet (further - Internet network) rules of creation of information provided by articles 7 and 7.5 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 - the Federal Law of August 7, 2001 No. 115-FZ, the rule of creation of information electronically).

FES shall contain one of the following types of data and information:

1.1. about the transactions with money or other property (further - transactions) which are subject according to articles 6 and 7.5 of the Federal Law of August 7, 2001 to No. 115-FZ (The Russian Federation Code, 2001, No. 33, Art. 3418; "The official Internet portal of legal information" (www.pravo.gov.ru), on July 2, 2021) to mandatory control (further - the transactions which are subject to mandatory control);

1.2. about transactions concerning which employees of credit institution based on implementation of rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction have suspicions that such transactions are performed for the purpose of legalization (washing) of income gained in the criminal way or terrorism financing;

about one-time transaction or set of the transactions and (or) actions of the client connected with carrying out any transactions, his representative within customer service concerning which employees of credit institution based on implementation of rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction have suspicions that these transactions and (or) actions are performed for the purpose of legalization (washing) of income gained in the criminal way or terrorism financing, including information on the beneficial owner which is available for credit institution;

1.3. about the taken measures for freezing (blocking) of money or other property of the organization or physical person according to the subitem 6 of Item 1 of Article 7, Item 5 of article 7.5 of the Federal Law of August 7, 2001 No. 115-FZ;

1.4. about results of verification of presence among the clients of the organizations and physical persons to whom are applied or shall be applied the measure for freezing (blocking) of money or other property performed according to the subitem 7 of Item 1 of article 7 of the Federal Law of August 7, 2001 No. 115-FZ (further - results of check according to the subitem 7 of Item 1 of article 7 of the Federal Law of August 7, 2001 No. 115-FZ), about results of verification of presence among the clients of the organizations and physical persons included in the list of the organizations and physical persons concerning which there are data on their participation in distribution of weapons of mass destruction article 7.5 of the Federal Law performed according to Item 6 of August 7, 2001 No. 115-FZ (further - results of check according to Item 6 of article 7.5 of the Federal Law of August 7, 2001 No. 115-FZ) (further in case of joint mentioning - information on results of check);

1.5. about the hindrance facts from the state (territory) in which (on which) branches and representations, and also the affiliated organizations of credit institution, realization by such branches, representations and the affiliated organizations of the Federal Law of August 7, 2001 No. 115-FZ (The Russian Federation Code, 2001, No. 33, Art. 3418 are located; "The official Internet portal of legal information" (www.pravo.gov.ru), on July 2, 2021) or its separate provisions;

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