PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of June 18, 2025 No. 860-P

About requirements to rules of internal control of credit institution, branch of foreign bank through which the foreign bank exercises activities in the territory of the Russian Federation, for the purpose of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and extremist activities

This Provision based on the paragraph of the twelfth Item 2 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 both to terrorism financing" and parts one of article 56 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" establishes requirements to rules of internal control of credit institution, branch of foreign bank through which the foreign bank exercises activities in the territory of the Russian Federation, for the purpose of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and extremist activities.

Chapter 1. General provisions

1.1. In credit institution, branch of foreign bank through which the foreign bank performs activities in the territory of the Russian Federation (further - branch of foreign bank) of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and extremist activities (further - POD/FT/ED) treat main objectives of the organization:

ensuring protection of credit institution, branch of foreign bank against penetration into it (in it) the criminal income;

risk management of legalization (washing) of income gained in the criminal way and terrorism financings (further - OD/FT) for the purpose of its minimization;

ensuring independence of the special official responsible for observance of rules of internal control for the purpose of POD/FT/ED (further - PVK on POD/FT/ED);

participation of staff of the division responsible for the organization of the POD/FT/ED system and realization of PVK for POD/FT/ED, the divisions participating in banking operations and other transactions in the direction on platform of digital ruble of the order of the user of platform of digital ruble for the purpose of making of transaction with digital rubles and (or) statements for money transfer of the user of platform of digital ruble or its representative on paper (further - the order and (or) the statement of the user of platform of digital ruble), legal division, division of safety, service of internal audit, service of internal control of credit institution, branch of foreign bank, irrespective of post within their competence, in identification of the following transactions:

the transactions with money or other property which are subject according to Article 6 and (or) Articles 7. 4, 7.5 Federal Laws of August 7, 2001 No. 115-FZ "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (further - the Federal Law No. 115-FZ) to mandatory control (further - the transactions which are subject to mandatory control);

transactions with digital rubles of the user of platform of digital ruble, subjects according to Article 6 and (or) Articles 7. 4, 7.5 Federal Laws No. 115-FZ to mandatory control (further - the transactions with digital rubles which are subject to mandatory control);

one-time transaction or set of transactions with money or other property and (or) the actions of the client connected with making of any transactions with money or other property, his representative within customer service concerning which employees of credit institution, branch of foreign bank based on realization of PVK on POD/FT/ED have suspicions that data of transaction with money or other property and (or) actions are performed for the purpose of OD/FT (further respectively - suspicious transactions, suspicious activities);

one-time transaction with digital rubles or sets of transactions with digital rubles and (or) the actions of the user of platform of digital ruble connected with making of any transactions with digital rubles, his representative within the digital ruble of access to platform of digital ruble provided to such user of platform concerning which the employees of credit institution, branch of foreign bank who are the participants of platform of digital ruble providing to users of platform of digital ruble access to platform of digital ruble (further - the participant of platform of digital ruble), based on realization of PVK on POD/FT/ED have suspicions that data of transaction with digital rubles and (or) actions are performed for the purpose of OD/FT (further respectively - suspicious transactions with digital rubles, suspicious activities with digital rubles).

1.2. PVK on POD/FT/ED are developed by credit institution, branch of foreign bank for the purpose of:

ensuring accomplishment by credit institution, branch of foreign bank of requirements of the legislation of the Russian Federation on POD/FT;

maintenance of system effectiveness of internal control on POD/FT/ED of credit institution, branch of foreign bank at the level sufficient for risk management of OD/FT;

exceptions of involvement of credit institution, branch of foreign bank, their heads and employees in implementation of OD/FT;

exceptions of involvement of the operator of platform of digital ruble in implementation of OD/FT.

1.3. PVK on POD/FT/ED are developed in the form of the complex document of credit institution, branch of the foreign bank (or set of documents) determined by credit institution, branch of the foreign bank regulating their activities for POD/FT/ED and containing the description of set of the procedures accepted by credit institution, branch of foreign bank of measures and undertaken determined by programs of implementation of internal control for the purpose of POD/FT/ED.

1.4. PVK on POD/FT/ED are developed by credit institution, branch of foreign bank in accordance with the legislation of the Russian Federation about POD/FT taking into account features of organizational structure of credit institution, branch of foreign bank, nature of products (services) provided by credit institution, branch of foreign bank to clients and also degree (level) of risk of OD/FT.

The procedure for development of PVK on POD/FT/ED, modification of PVK on POD/FT/ED, their coordination by divisions of credit institution, branch of foreign bank, representation on approval to sole executive body of credit institution, the head of branch of foreign bank is determined by internal documents of credit institution, branch of foreign bank.

1.5. In case of realization of PVK on POD/FT/ED the credit institution, branch of foreign bank provide:

application of procedures of risk management of OD/FT;

documentary fixation of data (information) on questions POD/FT/ED;

preserving confidentiality of data on the measures taken by credit institution, branch of foreign bank for the purpose of POD/FT/ED;

the timely direction of data (information) on questions POD/FT/ED credit institution, branch of foreign bank in the federal executive body taking measures for counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism, extremist activities and financing of distribution of weapons of mass destruction (further - authorized body) and if the credit institution, branch of foreign bank are participants of platform of digital ruble - also to the operator of platform of digital ruble.

1.6. On POD/FT/ED join in PVK including the following programs:

program of the organization of the POD/FT/ED system;

program of identification by credit institution, branch of foreign bank of the client, representative of the client, beneficiary, beneficial owner;

management program risk of OD/FT;

the program determining procedure for the organization and implementation of internal control taking into account degree (level) of risk of making by clients of suspicious transactions when using information of the Bank of Russia provided by the paragraph the second Item 1 of article 7.6 of the Federal Law No. 115-FZ;

the program of identification in activities of clients of the transactions which are subject to mandatory control, the transactions with digital rubles which are subject to mandatory control, suspicious transactions, suspicious transactions with digital rubles, suspicious activities, and also suspicious activities with digital rubles;

the program of the organization in credit institution, branch of foreign bank of work on refusal of the conclusion of bank account agreement (contribution), to refusal in transaction making, including in making of transaction based on the order of the client, to refusal in the direction on platform of digital ruble of the order and (or) statement of the user of platform of digital ruble (further in case of joint mentioning - refusal), to agreement cancelation of the bank account (contribution);

the program determining order of interaction of credit institution, branch of foreign bank with persons to whom carrying out identification (the simplified identification) is entrusted (in case of the order credit institution, branch of foreign bank of carrying out identification (the simplified identification) to other persons);

the program determining procedure for application of measures for freezing (blocking) of money or other property of the client and procedure for carrying out verification of presence among the clients of the organizations and physical persons to whom measures for freezing (blocking) of money or other property are applied or shall be applied;

the program of the organization in credit institution, branch of foreign bank of work with the documents and (or) data on lack of the bases for decision making on refusal, requests and decisions of the interdepartmental commission created under the Bank of Russia submitted by the client (further - the interdepartmental commission), and also the judgments about cancellation of earlier made decisions of credit institution, branch of foreign bank on refusal, on agreement cancelation of the bank account (contribution) (further - the judgments);

the program determining procedure for suspension of transactions with money or other property, suspensions of the direction on platform of digital ruble of the order and (or) statement of the user of platform of digital ruble (further in case of joint mentioning - suspension of transactions);

the program of preparation and training in POD/FT/ED of personnel in credit institution, branch of foreign bank;

the program determining procedure for realization of the rights and obligations by the participant of platform of digital ruble for the purpose of POD/FT/ED.

PVK on POD/FT/ED can not join the separate programs and (or) provisions of the programs provided by this Item, relating to activities which the credit institution, branch of foreign bank actually does not perform.

1.7. PVK on POD/FT/ED affirm sole executive body of credit institution, the head of branch of foreign bank.

1.8. Functions of control of the organization in credit institution of work on POD/FT/ED are assigned according to the decision of credit institution according to its internal documents to sole executive body, or to his deputy, or to the member of collegiate executive body of credit institution (further - the head of credit institution).

Functions of control of the organization in branch of foreign bank of work on POD/FT/ED are assigned according to the decision of branch of foreign bank according to its internal documents to the head or to his deputy (further - the head of branch of foreign bank).

1.9. In credit institution, branch of foreign bank control over the implementation by credit institution, branch of foreign bank and their employees of the PVK programs for POD/FT/ED shall be exercised.

The head of credit institution, the head of branch of foreign bank provide control of compliance of the applied PVK on POD/FT/ED to requirements of the legislation of the Russian Federation about POD/FT.

PVK on POD/FT/ED of credit institution, branch of foreign bank shall be brought into accord with requirements of the legislation of the Russian Federation about POD/FT and (or) the regulation in the sphere of POD/FT/ED no later than three months after the date of entry into force of the Federal Law making changes to the Federal Law No. 115-FZ and (or) the regulation in the sphere of POD/FT/ED if other is directly not established by the corresponding Federal Law or the regulation.

Chapter 2. The organization of system of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and extremist activities and the program of the organization of system of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and extremist activities

2.1. For ensuring realization by credit institution, branch of the PVK foreign bank on POD/FT/ED the governing body of credit institution, branch of foreign bank authorized on that by internal documents of credit institution, branch of foreign bank makes the decision on creation of independent division on POD/FT/ED or on determination entering into structure of credit institution, branch of foreign bank of division which competence questions POD/FT/ED will enter (further - division on POD/FT/ED).

The division on POD/FT/ED heads the special official responsible for realization of PVK for POD/FT/ED (further - the responsible) conforming to the qualification requirements established by the Instruction of the Bank of Russia of August 9, 2004 No. 1486-U "About qualification requirements to the special officials responsible for observance of rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to financing of terrorism and programs of its implementation in credit institutions" <1> (further - the Instruction of the Bank of Russia No. 1486-U), and to requirements to goodwill, stipulated in Item 1 part one of article 16 of the Federal law "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 No. 17-FZ) (further - the Federal Law "About Banks and Banking Activity").

--------------------------------

<1> It is registered by the Ministry of Justice of the Russian Federation on September 3, 2004, registration No. 6003, with the changes made by the Instruction of the Bank of Russia of October 31, 2011 No. 2726-U (it is registered by the Ministry of Justice of the Russian Federation on November 2, 2011, registration No. 22194).

The responsible's obligations in the period of its temporary disability, leave (except for maternity leaves, and also child care leaves), official journey are performed by other employee of credit institution, branch of foreign bank on condition of its compliance to qualification requirements to the staff of division on POD/FT/ED established by the Instruction of the Bank of Russia No. 1486-U and requirements to goodwill, stipulated in Item 1 part one of article 16 of the Federal law "About Banks and Banking Activity".

During finding of the responsible in maternity leave, and also in child care leave appointment fulfilling its duties of other employee of credit institution, branch of foreign bank on condition of its compliance to the qualification requirements to the responsible established by the Instruction of the Bank of Russia No. 1486-U and to requirements to goodwill, stipulated in Item 1 part one of article 16 of the Federal law "About Banks and Banking Activity" is allowed.

2.2. The responsible submits directly to the head of credit institution, the head of branch of foreign bank.

2.3. The responsible, the staff of division on POD/FT/ED can combine the activities with implementation of other functions in credit institution, branch of foreign bank, except for the functions performed by service of internal audit provided that they have no right to sign on behalf of credit institution, branch of foreign bank payment (settlement) and accounting documents, and also other documents connected with origin and execution of the rights and obligations of credit institution, the foreign bank which is outside the Russian Federation.

2.4. Including join in the program of the organization of the POD/FT/ED system:

the description of general structure of the POD/FT/ED system, its elements (levels), including division on POD/FT/ED (the status (subordination), structure, tasks, functions, the rights and obligations, procedure for the organization of work), the principles and mechanisms of interaction of elements of system;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info