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Ministry of Justice of Ukraine

September 14, 2021

No. 1210/36832

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of September 10, 2021 No. 3201/5

About approval of the Regulations on implementation of financial monitoring by subjects of primary financial monitoring, state regulation and supervision of whose activities is exercised by the Ministry of Justice of Ukraine,

For the purpose of ensuring implementation of requirements of Articles 7 - 13, 15, 21 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" PRIKAZYVAYU:

1. Approve Regulations on implementation of financial monitoring by subjects of primary financial monitoring, state regulation and supervision of whose activities is exercised by the Ministry of Justice of Ukraine (further, - the Provision) which is applied.

2. Declare invalid the order of the Ministry of Justice of Ukraine of June 18, 2015 No. 999/5 "About approval of the Regulations on implementation of financial monitoring by subjects of primary financial monitoring, state regulation and supervision of whose activities is exercised by the Ministry of Justice of Ukraine", registered in the Ministry of Justice of Ukraine on June 22, 2015 for No. 735/27180.

3. To department of private law (Ferens E.) provide submission of this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

4. To department of notariate and state registration (Hardikov V.), to chiefs of interregional managements of the Ministry of Justice of Ukraine to provide fulfillment of requirements of the Provision.

5. This order becomes effective from the date of, its official publication following behind day.

6. To impose control of execution of this order on the First Deputy Minister Gorovits E.

Minister

D. Malyuska

 

It is approved:

Chairman of the Public regulatory service of Ukraine

 

A. Kucher

Chairman of Public service of financial monitoring of Ukraine

I.Cherkassky

Approved by the Order of the Ministry of Justice of Ukraine of September 10, 2021 No. 3201/5

Regulations on implementation of financial monitoring by subjects of primary financial monitoring, state regulation and supervision of whose activities is exercised by the Ministry of Justice of Ukraine,

I. General provisions

1. This Provision is developed 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) and determines procedure for the organization and carrying out financial monitoring by subjects of primary financial monitoring, state regulation and supervision of which activities 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 performs Ministry of Justice (further - subjects).

2. This Provision extends on:

lawyer bureaus, lawyer associations and the lawyers performing lawyer activities individually; notaries; of subjects of managing which provide legal services, taking into account features of activities of such subjects if they take part, acting on behalf and/or at the request of the client, in any financial transaction and/or help the client to plan or perform transactions in the relation:

purchase and sale of the real estate or property management when financing construction of housing;

purchase and sale of subjects of managing and corporate laws;

cash managements, securities or other assets of the client;

opening and/or managements of the bank account or account in securities;

attraction of financial resources, legal entities and funds, necessary for creation, ensuring their activities or management of them;

creations, ensuring their activities or management of legal entities, funds, trusts or other similar legal educations;

persons providing services in creation, ensuring their activities or management of legal entities if they, in particular, provide consultations to the client, take part, acting on behalf and/or at the request of the client, in any financial transaction and/or help the client to plan or perform transaction of creation, providing or management of legal entities.

3. The terms used in this Provision are applied in the values given in the Law.

4. This Provision regulates questions:

proper organization and carrying out primary financial monitoring;

activities of the worker responsible for carrying out financial monitoring;

establishments of rules and program of carrying out financial monitoring;

implementation of measures of proper check;

applications risk - the oriented approach (proper risk management system and risks assessment);

identifications of suspicious financial transactions;

carrying out internal checks;

other questions.

II. Proper organization and carrying out primary financial monitoring

1. The subject shall provide the proper organization and carrying out primary financial monitoring.

The purpose of the proper organization and carrying out primary financial monitoring are:

1) fulfillment of requirements of the legislation of Ukraine 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 - in the sphere of prevention and counteraction);

2) opportunity to properly reveal suspicious financial transactions (activities) and to notify on them Public service of financial monitoring (further - Gosfinmonitoring);

3) prevention of use of services of the subject for carrying out financial transactions by clients with the illegal purpose.

2. The subject for the purpose of the proper organization and carrying out primary financial monitoring takes, in particular, the following measures:

1) appoints the ranking officer of the subject according to requirements of the legislation in the sphere of prevention and counteraction at the level of the subject's management;

2) is created (in case of need) by structural division in the sphere of prevention and counteraction which is headed by the ranking officer of the subject or directly submits to the ranking officer of the subject;

3) develops criteria of risks;

4) is provided by functioning of risk management system;

Develops 5) and approves internal documents of the subject concerning financial monitoring in the amount necessary for effective functioning of primary financial monitoring and understanding by workers of the subject of the obligations and powers in the sphere of prevention and counteraction;

6) the risk profile of the subject risks provides sufficient knowledge and awareness of the head of the subject, responsible and other employees of the company involved to carrying out primary financial monitoring concerning their obligations in the sphere of prevention and counteraction, and also about inherent;

Develops 7) and constantly enhances internal control concerning prevention and counteractions, in particular, provides timely identification with internal checks or by carrying out substantive audit of problematic issues and signs of inadequate risk management system;

8) provides implementation on permanent basis of holding training events for all employees of the company involved to carrying out primary financial monitoring, for the purpose of understanding with them the obligations assigned to them and operations procedure;

9) provides verification of presence of faultless goodwill at all employees of the company involved to carrying out primary financial monitoring;

10) is provided by timely identification of the financial transactions which are subject to financial monitoring;

Develops 11) and performs measures for proper check of the client for the purpose of understanding of essence of activities of the client, the purpose and the expected nature of business relations with it that allows the subject to be sure that financial transactions of the client correspond to information on him which is available for the subject, risk profile, including, in case of need, sources of origin of its means / states, the ownership/order bases them (the rights to them), to establishment of the final beneficial owner for identification of suspicious financial transactions (activities);

12) stores all documents, data, information (including the corresponding reports, permissions, files) concerning accomplishment by the subject of obligations in the sphere of prevention and counteraction during the terms determined by the legislation in the sphere of prevention and counteraction;

Timely and in full provides 13) on the requests of Ministry of Justice, territorial authority of Ministry of Justice, Gosfinmonitoring necessary документы/информацию/объяснения/аргументы, the legislations which are properly confirming accomplishment with the subject of requirements in the sphere of prevention and counteraction;

14) is provided by consideration of problematic and topical issues on the proper organization and carrying out primary financial monitoring.

3. Responsibility for the inadequate organization and carrying out primary financial monitoring is born by the subject's head, and also the ranking officer of the subject.

4. The subject's head in the time determined by it considers such questions in the sphere of prevention and counteraction:

1) results of monitoring of business relations with clients following the results of which suspicious activities of clients, and offers on acceptance of necessary measures concerning such clients for the purpose of risk minimization were found;

2) the questions connected with offers on refusal in establishment/continuation of business relations with clients (including in case of establishment to the client of unacceptably high risk level);

3) the problematic issues arising at the subject during actions for proper check of the client;

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