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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of April 9, 2021 No. 569

About approval of Rules of information transfer in Federal Service for Financial Monitoring the lawyers, notaries, persons performing business activity in the sphere of rendering legal or accounting services, auditing organizations and individual auditors and about recognition voided some acts of the Government of the Russian Federation

The government of the Russian Federation decides:

1. Approve the enclosed Rules of information transfer in Federal Service for Financial Monitoring as the lawyers, notaries, persons performing business activity in the sphere of rendering legal or accounting services, auditing organizations and individual auditors.

2. Recognize invalid:

the order of the Government of the Russian Federation of February 16, 2005 No. 82 "About approval of the Regulations on procedure for information transfer in Federal Service for Financial Monitoring the lawyers, notaries, persons performing business activity in the sphere of rendering legal or accounting services and also auditing organizations and individual auditors when rendering auditor services" (The Russian Federation Code, 2005, No. 8, the Art. 659);

the order of the Government of the Russian Federation of July 8, 2014 No. 629 "About modification of the order of the Government of the Russian Federation of February 16, 2005 No. 82" (The Russian Federation Code, 2014, No. 28, the Art. 4069);

the order of the Government of the Russian Federation of November 8, 2018 No. 1332 "About modification of the order of the Government of the Russian Federation of February 16, 2005 No. 82" (The Russian Federation Code, 2018, No. 47, the Art. 7257).

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of April 9, 2021 No. 569

Rules of information transfer in Federal Service for Financial Monitoring the lawyers, notaries, persons performing business activity in the sphere of rendering legal or accounting services, auditing organizations and individual auditors

1. These rules regulate procedure for transfer to Federal Service for Financial Monitoring by lawyers, notaries, persons performing business activity in the sphere of rendering legal or accounting services, auditing organizations and individual auditors of information on the transactions or financial transactions specified in Items 2 and 2.1 of article 7.1 of the Federal law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing" (further - the Federal Law).

2. The lawyers, notaries and persons performing business activity in the sphere of rendering legal or accounting services provide in Federal Service for Financial Monitoring information on the transactions or financial transactions specified in Item 1 of article 7.1 of the Federal Law in the presence at them any bases to believe that such transactions or financial transactions are performed or can be performed for the purpose of legalization (washing) of income gained in the criminal way or terrorism financing.

3. Auditing organizations and individual auditors when rendering auditor services in the presence of any bases to believe that transactions or financial transactions of the audited face could or can be performed for the purpose of legalization (washing) of income gained in the criminal way or terrorism financing, notify on it Federal Service for Financial Monitoring.

4. Information specified in Items 2 and 3 of these rules is submitted in Federal Service for Financial Monitoring within 3 working days following behind day of detection of the corresponding transaction or financial transaction.

5. Information specified in Items 2 and 3 of these rules, electronically (further - the electronic message) is submitted by use of private office.

The concept "private office" used in these rules is applied in the value used in the Federal Law.

The electronic message can be also represented by means of use of the infrastructure providing information and technological interaction of the information systems used for provision of the state and municipal services electronically according to the order of the Government of the Russian Federation of June 8, 2011 to No. 451 "About the infrastructure providing information and technological interaction of the information systems used for provision of the state and municipal services and execution of the state and municipal functions electronically".

6. Join in the electronic message:

a) data necessary for identification of the client, representative of the client, beneficiary and beneficial owner;

b) transaction type (transactions) and bases of its making;

c) transaction date (transactions) and the amount on which it is made;

d) the circumstances which formed the basis to believe that transaction (transaction) of the client is performed or it can be performed for the purpose of legalization (washing) of income gained in the criminal way or terrorism financing.

7. The directed electronic message is signed by the strengthened qualified digital signature.

8. In case of impossibility of the direction of the electronic message through private office before elimination of the reasons interfering such direction in Federal Service for Financial Monitoring the optical or digital data carrier containing the electronic message is represented.

The cover letter on paper which is signed by the lawyer is attached to the optical or digital data carrier, the notary, the head of the organization performing business activity in the sphere of rendering legal or accounting services by the individual entrepreneur (person) performing business activity in the sphere of rendering legal or accounting services by the head of auditing organization either the individual auditor the sign manual or the other person, the representative to act on behalf of specified persons.

The cover letter on paper together with the optical or digital data carrier is submitted in Federal Service for Financial Monitoring directly or goes the registered mail with the assurance of receipt.

9. Features of submission of information transferred according to paragraph one of Item 5 of these rules are determined by Federal Service for Financial Monitoring.

10. By transfer to Federal Service for Financial Monitoring of information the lawyers, notaries, persons performing business activity in the sphere of rendering legal or accounting services auditing organizations and individual auditors provide its protection in accordance with the legislation of the Russian Federation.

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