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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

(as amended on 01-03-2020)

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, the state bodies exercising control in the territory of the Russian Federation of carrying out transactions with money or other property, 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 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, or in the list of the organizations and physical persons concerning which there are data on their participation in distribution of weapons of mass destruction, to either the organization or physical person concerning which there are good causes to suspect their participation in terrorist activities (including to terrorism financing) in the absence of the bases for inclusion in the specified list;

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, or in the list of the organizations and physical persons concerning which there are data on their participation in distribution of weapons of mass destruction, to either the organization or physical person concerning which there are good causes to suspect their participation in terrorist activities (including to terrorism financing) in the absence of the bases for inclusion in the specified list;

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, the Pension Fund 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 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 terrorism financing, and also in the cases provided by 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 supervisory authorities for realization of the functions.

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.

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, on transaction suspension, and also on refusal in accomplishment of the order of the client about making of transactions, about refusal of the conclusion of bank account agreement (contribution), about agreement cancelation of the bank account (contribution) and their reasons about need of provision of documents on the bases provided by this Federal Law;

other measures taken according to the Federal Laws.

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;

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;

organizations of federal mail service;

pawnshops;

the organizations 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 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;

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.

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 buying up, purchase and sale of precious metals and gemstones, jewelry from them both 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 600 000 rubles or is equal to foreign currency amount, equivalent 600 000 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 in cases if it is not caused by nature of its economic activity;

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;

exchange of banknotes of one advantage for banknotes of other advantage;

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

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