FEDERAL LAW OF THE RUSSIAN FEDERATION

of August 7, 2001 No. 115-FZ

About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing

Accepted by the State Duma of the Russian Federation on July 13, 2001

Approved by Council of the Russian Federation on July 20, 2001

Chapter I. General provisions

Article 1. Purposes of this Federal Law

This Federal Law is directed to protection of the rights and legitimate interests of citizens, societies and the states by creation of legal mechanism 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.

Article 2. Scope of this Federal Law

This Federal Law governs the relations of citizens of the Russian Federation, foreign citizens and stateless persons, the organizations performing transactions with money or other property, foreign structures without formation of legal entity, lawyers, notaries, incorporated trustees (managing directors) of foreign structure without formation of legal entity, executive bodies of personal fund (except heritable fund), including the international personal fund (except the international heritable fund), persons performing business activity in the field of rendering legal or accounting services, auditing organizations, individual auditors, persons performing mining of digital currency (including the participant of mining-pool), person organizing activities of mining-pool, state bodies, the Central bank of the Russian Federation, lawyer and notarial chambers of subjects of the Russian Federation self-regulatory organizations of auditors for the purpose of the prevention, identification and suppression of the acts connected with legalization (laundering) of income gained in the criminal way, financing of terrorism and financing of distribution of weapons of mass destruction, and also the relation of legal entities and federal executive bodies, connected with establishment of beneficial owners of legal entities.

Operation of this Federal Law extends to branches and representations, and also to the affiliated organizations of the organizations performing the transactions with money or other property located outside the Russian Federation if it does not contradict the legislation of the state of their location.

According to international treaties of the Russian Federation operation of this Federal Law extends on physical persons and legal entity which perform transactions with money or other property outside the Russian Federation.

Article 3. The basic concepts used in this Federal Law

For the purposes of this Federal Law the following basic concepts are used:

income gained in the criminal way - the money or other property received as a result of crime execution;

legalization (washing) of income gained in the criminal way, giving of lawful type to ownership, use or the order of the money or other property received as a result of crime execution;

terrorism financing - provision or fund raising or rendering financial services with understanding that they are intended for financing of the organization, preparation and making at least of one of the crimes provided by Articles 205, 205.1, 205.2, 205.3, 205.4, 205.5, 206, of 208, of 211, of 220, of 221, of 277, of 278, of 279, 360 and 361 Criminal Codes of the Russian Federation or for financing or other material security of person for the purpose of making to them at least one of the specified crimes, or for the providing organized group, illegal armed group or criminal society (the criminal organization) created or one of the specified crimes created for making at least;

transactions with money or other property - the actions of physical persons and legal entities with money or other property irrespective of form and method of their implementation directed to establishment, change or the termination of the related civil laws and obligations;

authorized body - the federal executive body taking measures for 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 this Federal Law;

mandatory control - set of the measures for control of transactions taken by authorized body with money or other property based on information provided to it by the organizations performing such transactions and also for verification of this information in accordance with the legislation of the Russian Federation;

internal control - organization activity, performing transactions with money or other property, on identification of the transactions which are subject to mandatory control and other transactions with money or other property connected with legalization (washing) of income gained in the criminal way, and terrorism financing;

the organization of internal control - set the accepted organizations performing transactions with money or other property, the measures including development of rules of internal control and in the cases of target rules of internal control established by this Federal Law 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 (further - target rules of internal control), and also appointment of the special officials responsible for implementation of rules of internal control and target rules of internal control;

implementation of internal control - the realization by the organizations performing transactions with money or other property, rules of internal control, including including fulfillment of requirements of the legislation on identification of clients, their representatives, beneficiaries, beneficial owners, on carrying out in the cases of the simplified identification of clients established by this Federal Law - physical persons, to establishment of information specified in subitem 1.1 of Item 1 of article 7 of this Federal Law according to degree (level) of risk of making by clients of suspicious transactions and to reference of clients to risk groups of making of suspicious transactions, on documentary fixation of data (information) and their submission to authorized body, on document storage and information, on preparation and personnel training, and also in the cases of target rules of internal control established by this Federal Law;

the client - the physical person or legal entity, foreign structure without formation of legal entity which are on servicing of the organization performing transactions with money or other property;

the beneficiary - person to whose benefit the client, including based on the agency agreement, agreements of the order, the commission and trust management acts, when carrying out transactions with money and other property;

the beneficial owner - for the purpose of this Federal Law physical person which eventually directly or indirectly (through the third parties) owns (more than 25 percent in the capital have the prevailing participation) the client - the legal entity or has opportunity to control actions of the client. The beneficial owner of the client - physical person this person, except as specified, is considered if reasons to believe are had that beneficial owner is other physical person;

identification - set of actions for establishment of the information about clients, their representatives, beneficiaries, beneficial owners determined by this Federal Law and to confirmation of reliability of these data with use of originals of documents and (or) properly verified copies and (or) the state and other information systems;

fixation of data (information) - obtaining and fixing of data (information) on paper and (or) other data carriers for the purpose of implementation of this Federal Law;

freezing (blocking) of non-cash or bank entry securities - addressed to the owner, to the organizations performing transactions with money or other property, other physical persons and legal entities will lock to perform transactions with the money or securities belonging to the organization or physical person included in the list of the organizations and physical persons concerning which there are data on their participation in extremist activities or terrorism, to either the organization or physical person on which according to Item 1 of article 7.4 of this Federal Law the interdepartmental coordinating body performing functions on counteraction to terrorism financing makes the decision on freezing (blocking) of money or other property, to either the organization or physical person included in constituted within realization of the powers provided by Chapter VII of the Charter of the UN The UN Security Council or bodies which are specially created by decisions of the UN Security Council, lists of the organizations and physical persons connected with the terrorist organizations and terrorists or with distribution of weapons of mass destruction (further - the lists of the organizations and physical persons connected with terrorism or with distribution of weapons of mass destruction, constituted according to decisions of the UN Security Council);

freezing (blocking) of property - addressed to the owner or the owner of property, the organizations performing transactions with money or other property, to other physical persons and legal entities will lock to perform transactions with the property belonging to the organization or physical person included in the list of the organizations and physical persons concerning which there are data on their participation in extremist activities or terrorism, to either the organization or physical person on which according to Item 1 of article 7.4 of this Federal Law the interdepartmental coordinating body performing functions on counteraction to terrorism financing makes the decision on freezing (blocking) of money or other property, to either the organization or physical person included in lists of the organizations and physical persons connected with terrorism or with distribution of weapons of mass destruction constituted according to decisions of the UN Security Council;

the simplified identification of the client - physical person (further also - the simplified identification) - performed in the cases established by this Federal Law, set of actions for establishment concerning the client - physical person of surname, name, middle name (if other does not follow from the law or national custom), series and the document number proving the identity and to confirmation of reliability of these data one of the following methods:

with use of originals of documents and (or) properly verified copies of documents;

with use of information from information systems of public authorities, Fund of pension and social insurance of the Russian Federation, Federal Compulsory Health Insurance Fund and (or) the state information system determined by the Government of the Russian Federation;

with use of single system of identification and authentication when using of the strengthened qualified digital signature or the simple digital signature provided that in case of issue of key of the simple digital signature the personality of physical person is identified in case of personal acceptance;

foreign structure without formation of legal entity - the organizational form created according to the legislation of foreign state (territory) without formation of legal entity (in particular, fund, partnership, partnership, trust, other form of implementation of collective investments and (or) trust management) which according to the personal law has the right to perform the activities directed to commercialization (profits) for the benefit of the participants (unitholders, principals or other persons) or other beneficiaries;

the incorporated trustee (managing director) of foreign structure without formation of legal entity - physical person or legal entity which according to the legislation of foreign state (territory), based on the agreement or the personal law of foreign structure without formation of legal entity has the right to perform the activities for cash management or other property directed to commercialization (profits) for the benefit of participants (unitholders, principals or other persons) or other beneficiaries of such foreign structure without formation of legal entity;

protector - physical person or legal entity which according to the legislation of foreign state (territory), based on the agreement or the personal law of foreign structure without formation of legal entity is given authority to exercise control of actions of the incorporated trustee (managing director) of foreign structure without formation of legal entity or participates in its activities;

the personal account - information resource which is posted on the official site of authorized body on the information and telecommunication Internet (further - the Internet) provides electronic interaction of its users with authorized body and which maintaining is performed according to the procedure, established by authorized body. The authorized body also establishes procedure for access to personal account and its uses. The personal account is used:

the organizations performing transactions with money or other property, the individual entrepreneurs specified in part two of article 5 of this Federal Law for receipt of the list of the organizations and physical persons concerning which there are data on their participation in extremist activities or terrorism, decisions of the interdepartmental coordinating body performing functions on counteraction to financing of terrorism, notifications of authorized body on inclusion of the organizations or physical persons in the lists of the organizations and physical persons connected with terrorism or with distribution of weapons of mass destruction, constituted according to decisions of the UN Security Council or about exception of the organizations or physical persons of lists of the organizations and physical persons connected with terrorism or with distribution of weapons of mass destruction, constituted according to decisions of the UN Security Council and also in cases the provided this Federal Law and other Federal Laws, regulatory legal acts of the President of the Russian Federation, the Government of the Russian Federation adopted according to them regulatory legal acts of authorized body for realization of other rights and obligations;

in the cases provided by the Federal Laws, regulatory legal acts of the President of the Russian Federation, the Government of the Russian Federation adopted according to them the regulatory legal acts of authorized body, persons specified in articles 7.1 and 7.1-1 of this Federal Law, the economic societies and the federal unitary enterprises having strategic importance for defense industry complex and safety of the Russian Federation, the economic societies which are under their direct or indirect control, the state corporations, state-owned companies, the public companies for realization of the rights and obligations, authorized body, law enforcement and regulatory (supervising) agencies, lawyer and notarial chambers of subjects of the Russian Federation, self-regulatory organizations of auditors for realization of the functions;

national risks assessment of making of transactions (transactions) for the purpose of legalization (washing) of income gained in the criminal way and terrorism financing (national risks assessment) - the activities organized by authorized body in interaction with state bodies, the Central bank of the Russian Federation, Federal notarial chamber, Federal chamber of lawyers of the Russian Federation, self-regulatory organizations of auditors with the assistance of the organizations performing transactions with money or other property for identification and (or) prevention of risks of making of transactions (transactions) for the purpose of legalization (washing) of income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction, development of measures for minimization of the specified risks. The national risks assessment is carried out according to the recommendations approved by authorized body;

suspicious transactions - the transactions with money or other property which are presumably made for the purpose of legalization (washing) of income gained in the criminal way and terrorism financing.

The concepts used in this Federal Law "banking group", "member of banking group", "parent credit institution of banking group", "bank holding", "member of bank holding", "parent organization of bank holding" are applied in that value in what they are used in the Federal Law "About Banks and Banking Activity" if other is not provided by this Federal Law.

For the purposes of this Federal Law the digital currency is recognized property.

For the purposes of this Federal Law also procurement of scrap and waste of precious metals and products (products) containing precious metals also belong to purchase and sale of precious metals and gemstones, jewelry and other products from precious metals and (or) gemstones, scrap of such products performed according to the Federal Law of March 26, 1998 No. 41-FZ "About precious metals and gemstones" buying up at physical persons of jewelry and other products from precious metals and (or) gemstones, scrap of such products.

Objects of religious appointment and religious literature for the purposes of this Federal Law are understood as the objects of religious appointment and religious literature included in the list approved by the Government of the Russian Federation according to the subitem 1 of Item 3 of article 149 of the Tax Code of the Russian Federation.

Chapter II. The prevention of legalization (washing) of income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction

Article 4. The measures directed to counteraction of legalization (washing) of income gained in the criminal way to financing of terrorism and financing of distribution of weapons of mass destruction

Treat the measures directed to counteraction of legalization (washing) of income gained in the criminal way to financing of terrorism and financing of distribution of weapons of mass destruction:

organization and implementation of internal control;

mandatory control;

prohibition on informing clients and other persons about the taken measures 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, except for informing clients on the taken measures for freezing (blocking) of money or other property and on cancellation of these measures, on transaction suspension, and also on refusal to the client in acceptance on servicing about refusal in transaction making, about refusal of the conclusion of bank account agreement (contribution), about agreement cancelation of the bank account (contribution), about application of measures, stipulated in Item the 5th article 7.7 of this Federal Law, and their reasons, about need of provision of documents on the bases provided by this Federal Law on reference by the Central bank of the Russian Federation clients of credit institutions - legal entities (individual entrepreneurs), registered in accordance with the legislation of the Russian Federation, to group of high degree (level) of risk of making of suspicious transactions;

other measures taken according to the Federal Laws.

Establishment additional (the increased sizes) the commission fees, charges and other remunerations levied by the organizations performing transactions with money or other property when implementing by their clients of transactions with money or other property does not belong to the measures directed to counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction.

Article 5. The organizations performing transactions with money or other property

For the purpose of this Federal Law treat the organizations performing transactions with money or other property:

credit institutions;

professional participants of the security market (except for the professional participants of the security market performing activities only for investment consulting);

operators of investment platforms;

insurance companies (except for the medical insurance companies performing activities only in the field of compulsory medical insurance), insurance brokers and leasing companies, and also the foreign insurance companies having the right according to the Law of the Russian Federation of November 27, 1992 No. 4015-1 "About the organization of insurance case in the Russian Federation" to perform insurance activity in the territory of the Russian Federation (further - foreign insurance companies);

organizations of federal mail service;

pawnshops;

the organizations performing purchase and sale of precious metals and gemstones, jewelry and other products from precious metals and (or) gemstones, scrap of such products, except for the religious organizations, the museums and the organizations using precious metals, their chemical compounds, gemstones in the medical, research purposes or as a part of tools, devices, the equipment and products of technological appointment;

organizers of gamblings;

managing companies of investment funds, mutual investment funds and non-state pension funds;

the organizations rendering intermediary services when implementing transactions of purchase and sale of real estate;

operators on acceptance of payments;

the commercial organizations signing agreements of financing under concession of monetary claim as financial agents;

credit consumer cooperatives, including agricultural credit consumer cooperatives;

microfinancial organizations;

societies of mutual insurance;

non-state pension funds regarding implementation of activities for non-state pension provision and forming of long-term savings;

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;

operators of lotteries regarding implementation of activities for payment, transfer or provision of prize according to the contribution agreement in lottery;

operators of financial platforms;

operators of information systems in which release of digital financial assets, and operators of exchange of digital financial assets is performed.

The rights and obligations assigned by this Federal Law to the organizations performing transactions with money or other property extend to individual entrepreneurs, being insurance brokers, the individual entrepreneurs performing purchase and sale of precious metals and gemstones, jewelry and other products from precious metals and (or) gemstones, scrap of such products, and the individual entrepreneurs rendering intermediary services when implementing transactions of purchase and sale of real estate.

Article 6. The transactions with money or other property which are subject to mandatory control

1. Transaction with money or other property is subject to mandatory control if the amount on which it is made is equal or exceeds 1 million rubles or is equal to the foreign currency amount equivalent to 1 million rubles, or exceeds it, and in character this transaction belongs to one of the following transaction types:

1) transactions with money in cash form:

removal from the account or transfer into the account of the legal entity of money in cash form;

purchase or sale of cash foreign currency by physical person;

acquisition of securities by physical person in cash;

receipt of money by physical person according to the bear check issued by the nonresident;

paragraph of the sixth ceased to be valid

entering by physical person into the authorized (share) capital of the organization of money in cash form;

2) transfer or transfer into account of money, provision or receipt of the credit (loan), transaction with securities if at least one of the parties is the physical person or legal entity having respectively registration, the residence or the location in the state (in the territory), which (which) does not implement the recommendation of Group of development of financial measures of anti-money laundering (FATF) or if the specified operations are performed with use of the bank account, the specified state registered in (in the specified territory). The list of such states (territories) is determined according to the procedure, established by the Government of the Russian Federation taking into account the documents published by Group of development of financial measures of anti-money laundering (FATF) and is subject to publication;

3) transactions according to bank accounts (deposits):

paragraph two of ceased to be valid

opening of contribution (deposit) for benefit of the third parties with placement of money in it in cash form;

paragraph fourth ceased to be valid

transfer of money into the account (contribution) or cash write-off from the account (contribution) of the legal entity or foreign structure without formation of legal entity which period of activities does not exceed three months from the date of their registration (incorporation) or transfer of money into the account (contribution) or cash write-off from the account (contribution) of the legal entity or foreign structure without formation of legal entity if transactions on the specified account (contribution) were not made from the moment of its opening;

4) other transactions with personal estate:

the room of precious metals, gemstones, jewelry and other products from precious metals and (or) gemstones, scrap of such products or other values in pawnshop;

payment of insurance indemnity to physical person or legal entity or obtaining from physical person or legal entity of insurance premium on the types of insurance specified in subitems 1 - 3 Items 1 of article 32.9 of the Law of the Russian Federation of November 27, 1992 No. 4015-1 "About the organization of insurance case in the Russian Federation";

provision of property under the agreement of finance lease (leasing);

paragraph fifth ceased to be valid

purchase and sale of precious metals and gemstones, jewelry and other products from precious metals and (or) gemstones, scrap of such products;

receipt of money which serves as condition of participation of physical person in gambling;

transfer or payment of prize to physical person in case of approach of result of gambling;

payment, transfer or provision to physical person of prize from participation in lottery;

provision by legal entities, not being credit institutions, non-interest loans to physical persons and (or) other legal entities, and also receipt of such loan;

5) transactions with digital financial assets.

1.1. The transaction with cash and (or) non-cash performed on real estate transaction is subject to mandatory control if the amount on which this transaction is made is equal or exceeds 5 million rubles or is equal to the foreign currency amount equivalent to 5 million rubles, or exceeds it.

1.2. Transaction on obtaining or expenditure by non-profit organization of money and (or) other property is subject to mandatory control if such organization is not public authority, other state body, state non-budgetary fund management authority, the state corporation, state-owned company, the public company, the consumer cooperative, the public (municipal) educational institution realizing programs of the preschool, general education, partnership of owners of the real estate, including condominium, gardening and gardening non-commercial partnership, merging of employers registered in the procedure established by the law by Chamber of Commerce and Industry.

Are not subject to mandatory control according to paragraph one of this Item of transaction, and other obligatory payments in budget system of the Russian Federation established by the legislation of the Russian Federation, payment of premises and utilities, payment of the commission fee levied when making transactions (transactions) by the organizations performing the transactions with money or other property and also with charge of deposit interests (deposits) and other financial instruments connected with tax payment and charges, customs payments, insurance premiums in Fund of pension and social insurance of the Russian Federation, Federal Compulsory Health Insurance Fund.

1.3. Transaction on transfer of money into bill (contribution), the met (deposited) letter of credit or to cash write-off from bill (contribution), the met (deposited) letter of credit of the economic societies having strategic importance for defense industry complex and safety of the Russian Federation, and societies which are under their direct or indirect control which are specified in article 1 of the Federal Law of July 21, 2014 to No. 213-FZ "About opening of bank accounts and letters of credit, about the conclusion of bank deposit agreements, contracts for maintaining the register of owners of securities by the economic societies having strategic importance for defense industry complex and safety of the Russian Federation and modification of separate legal acts of the Russian Federation", the federal unitary enterprises having strategic importance for defense industry complex and safety of the Russian Federation and the economic societies which are under their direct or indirect control which are specified in the Federal Law of November 14, 2002 to No. 161-FZ "About state and municipal unitary enterprises", the state corporations, state-owned companies and the public companies, is subject to mandatory control if the amount on which such transaction is made is equal to 10 million rubles or exceeds this amount or it is equal to the foreign currency amount equivalent to 10 million rubles, or exceeds this amount.

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