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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of February 19, 2022 No. 219

About approval of the Regulations on control (supervision) in the field 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

 According to Item 5 of article 9.1 of the Federal law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing" Government of the Russian Federation decides:

Approve the enclosed Regulations on control (supervision) in the field 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.

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of February 19, 2022 No. 219

Regulations on control (supervision) in the field 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

1. This Provision establishes procedure for the organization and control (supervision) in the field 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 (further - control (supervision), the rights and obligations of the organizations performing transactions with money or other property, the individual entrepreneurs specified in article 5 of the Federal law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing" (further - the Federal Law), the persons specified in article 7.1 of the Federal Law, arising in connection with control (supervision) in the specified sphere and also procedure for the organization and carrying out by Federal Service for Financial Monitoring (further - authorized body) remote monitoring and order of interaction of authorized body with the regulatory (supervising) authorities and the organizations specified in Item 2 of article 9.1 of the Federal Law for the organization of control (supervision).

2. This Provision does not extend to the Bank of Russia, except for stipulated in Item 13th this provision of case of bringing by authorized body to the Bank of Russia of results of the remote monitoring which is carried out by him, and also to the organizations performing transactions with money or other property, the individual entrepreneurs specified in article 5 of the Federal Law and persons specified in article 7.1-1 of the Federal Law, regulation, control (supervision) in the field of activities of which in accordance with the legislation of the Russian Federation is exercised by the Bank of Russia, except for stipulated in Item 12th this provision of case of implementation by authorized body of remote monitoring of activities of the specified organizations and persons.

3. Control (supervision) is exercised by the following bodies and self-regulatory organizations (further - control facilities):

the federal executive body performing functions on control (supervision) in the field of mass media, mass communications, information technologies and communication - concerning the organizations of federal mail service, the telecom operators having the right independently to render services of mobile radiotelephone communication, and also the telecom operators holding essential position to render communication services on data transmission in communication network public which have the right independently;

the federal executive body exercising federal state control (supervision) of the organization and carrying out gamblings and federal state control (supervision) of carrying out lotteries - concerning organizers of gamblings, operators of lotteries;

the federal executive body performing functions on the state control (supervision) of production, use and the address of precious metals, use and the address of gemstones (except for functions on control when importing to the Russian Federation from the states which are not entering into the Eurasian Economic Union and export from the Russian Federation to the states which are not entering into the Eurasian Economic Union, gemstones), - concerning the organizations and the individual entrepreneurs performing buying up, purchase and sale of precious metals and gemstones, jewelry from them and scrap of such products, except for the religious organizations, the museums, archives, libraries and the organizations using precious metals, their chemical compounds, gemstones in the medical and research purposes or as a part of tools, devices, the equipment and products of technological appointment;

the federal executive body exercising external control of activities of the auditing organizations rendering auditor services to the socially significant organizations - concerning the auditing organizations rendering auditor services to the socially significant organizations;

self-regulatory organization of auditors - concerning auditing organizations, the individual auditors who are members of self-regulatory organization of auditors (including if they perform business activity in the field of rendering accounting services and if they prepare or perform from name or at the request of the client of transaction with money or other property, specified in article 7.1 of the Federal Law);

authorized body - concerning the organizations performing transactions with money or other property, the individual entrepreneurs specified regarding the 2nd article 5 of the Federal Law in the field of whose activities there are no regulatory (supervising) authorities.

4. Subject of control (supervision) is observance by the organizations specified in Item 3 this provision, individual entrepreneurs (further - controlled persons) the requirements established by the Federal Law, regulatory legal acts of the Russian Federation and regulations of the Bank of Russia adopted according to it (further - requirements of the legislation), and also execution of the decisions made by results of actions of control (supervision).

5. In this Provision the following basic concepts are used:

"the risk indicator" - integral indicator which value characterizes risk degree of non-compliance with requirements of the legislation by the subject of remote monitoring, created with use of the state information system of authorized body;

"risks assessment model" - set of the parameters including including the indicator of risk, results of national and sectoral risks assessments, algorithm of their accounting in case of assessment of risk level of non-compliance with requirements of the legislation, and also frequency of such assessment;

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