Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

The document ceased to be valid since July 3, 2015 according to Item 2 of the Resolution of Board of the National Bank of Ukraine of June 26, 2015 No. 417.

It is registered

Ministry of Justice of Ukraine

May 20, 2003

No. 381/7702

RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of May 14, 2003 No. 189

About approval of the Regulations on implementation of financial monitoring by banks

(as amended on 22-01-2015)

For the purpose of ensuring realization of regulations of the Laws of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way" "About introduction of amendments to some laws of Ukraine concerning prevention of use of banks and other financial institutions for the purpose of legalization (washing) of income gained in the criminal way" Board of the National Bank of Ukraine DECIDES:

1. Approve Regulations on implementation of financial monitoring by banks it (is applied).

2. The resolution becomes effective at the same time with entry into force of the Laws of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way", "About introduction of amendments to some laws of Ukraine concerning prevention of use of banks and other financial institutions for the purpose of legalization (washing) of income gained in the criminal way".

3. To banks to bring into accord with requirements of the current legislation of Ukraine identification of the available clients, risk of implementation by which transactions on legalization of income gained in the criminal way it is estimated as big - till 01:09. 2003, other clients - till 01.01.2004. Reduction in compliance with requirements of the current legislation of identification of the clients who are not maintaining business relations with bank and risk of carrying out which transactions on legalization of income gained in the criminal way it is estimated by bank as low can be performed also over fixed terms in case of the appeal of such client to bank or carrying out transaction by it.

4. To management methodological and normative organizational support of financial monitoring (Berezhnaya O. M.) after state registration in the Ministry of Justice of Ukraine to bring contents of this resolution to permission of territorial administrations of the National Bank of Ukraine and banks of Ukraine for use in work.

5. To impose control of execution of this resolution on the vice-chairman of the National Bank of Ukraine Shlapak O. V. and Management methodological and normative organizational support of financial monitoring (Berezhnaya O. M.

 

Chairman

S. L. Tigipko

Approved by the Resolution of Board of the National Bank of Ukraine of May 14, 2003 No. 189

Regulations on implementation of financial monitoring by banks

I. General provisions

1.1. This Provision is developed in pursuance of the Laws of Ukraine "About the National Bank of Ukraine", "About banks and banking activity" (further - the Law on banks), "About prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing" (further - the Law) for the purpose of prevention of use of bank system for legalization (washing) of income gained in the criminal way or terrorism financing.

Requirements of this provision extend to banks, separate divisions of banks, payment institutes and members of the payment service providers which are bank institutions, branches of foreign banks (further - banks).

1.2. In this Provision terms and concepts are used in such values:

risk analysis of use of services of bank for legalization of the criminal income / financings of terrorism - the actions providing receipt of the conclusions concerning results of the performed risk assessment of use of services of bank for legalization (washing) of income gained in the criminal way and/or terrorism financing (further - legalization of the criminal income / terrorism financing);

the analysis of financial transactions - complex of the actions established by internal documents of bank concerning implementation of financial monitoring which carrying out gives the chance to draw conclusion on compliance/discrepancy of financial transactions to financial condition of the client and essence of its activities and to determine risk level of the client;

customer research - process of receipt of information on identification of the client in cases, stipulated by the legislation, and studying of its financial activities in the course of servicing for further implementation of the analysis, check, refining, generalization of the acquired information (data) and assessment, monitoring of customer risk;

studying of financial activities of the client - customer research component which includes carrying out comparative information analysis, the client received when implementing the analysis of financial transactions, information obtained in case of installation of business relations (including in the course of refining of information on questions of identification, essence of activities, financial condition), and information obtained for holding time for previous period (quarter, half-year, year) for the purpose of revaluation of risk level of the client;

high risk level of the client is the risk level received by results of risk assessment of the client who is determined by bank according to the criteria of risk of carrying out financial transactions by the client developed by bank by legalization of the criminal income / to financing of terrorism and testifies to high reliability of use by the client of services of bank for legalization of the criminal income / financings of terrorism;

information about physical persons (owners of essential participation in the legal entity, controllers of legal/physical person) - identification data of physical person (persons) - the controller (controllers) of legal/physical person (the owner of essential participation in the legal entity);

the ranking officer of bank - the employee of bank responsible for carrying out financial monitoring in bank;

internal documents of bank concerning implementation of financial monitoring - rules, programs, techniques, other documents concerning financial monitoring approved by bank according to requirements of the legislation of Ukraine, including this provision;

means of information protection - the program technical means providing protection of electronic documents against unauthorized actions concerning acquaintance with their content, modifications or misstatements at stage of their peredavayemost by e-mail of the National Bank of Ukraine (further - National Bank);

the warning actions / proper actions - determined by internal documents of bank concerning implementation of financial monitoring (taking into account the Law and this provision) measures for the prevention, restriction and/or decrease to the acceptable level of risks of legalization of the criminal income / financings of terrorism;

the summary register of financial transactions - the document in electronic form which is created and kept by bank - the legal entity according to the procedure, established by Rules of internal financial monitoring of bank, in case of maintaining separate registers by separate divisions of bank;

the considerable amount - the amount of means on which financial transaction which equals is performed or exceeds 150000 hryvnias (for the subjects of housekeeping holding gamblings - 13000 hryvnias) either equals or exceeds foreign currency amount, equivalent 150000 hryvnias;

identification data - the information about physical persons:

a) residents - surname, name and middle name; Birth date; passport number of the citizen of Ukraine (or other identity document), date of issue and body which issued it; place of residence or location; registration number of accounting card of the taxpayer [further - identification (registration) number] or passport number of the citizen of Ukraine in which the mark of bodies of the income and charges about refusal of receipt of identification (registration) number of accounting card of the taxpayer is put down;

b) nonresidents - surname, name and middle name (in the presence); Birth date; passport number of the citizen of Ukraine (or other identity document), date of issue and body which issued it; nationality; place of residence or place of temporary stay of physical person in Ukraine;

identification - possibility of application by bank in cases, stipulated by the legislation Ukraine, documentary confirmed actions connected with receipt of the data provided by parts eleven and the twelfth article 9 of the Law and parts seven and the eighth article 64 of the Law on banks, based on official documents or their copies certified in accordance with the established procedure;

the partner - person who is the second party of financial transaction (the bank can be the partner), on which between the client and the partner there is peredavayemost of assets;

monitoring of risks of clients - process of tracking of criteria of risks of clients by results of customer research, is carried out for the purpose of timely identification of changes of risk of geographical arrangement of country of incorporation of the client or organization through which it performs transfer (obtaining) of assets, and type of goods and services, risk as the client and/or risk of service for implementation of revaluation of the preset levels of risks of clients;

instantly - the period which is determined/established from the moment of approach of the bases for implementation of the corresponding actions which are priority and are performed first of all, but no later than the next working day or the established time of the next working day;

immediately - the shortest time during the working day in which shall be performed (to occur) the corresponding actions, from the moment of approach of the bases for their implementation;

low risk level of the client is the risk level received by results of risk assessment of the client who is determined by bank according to the criteria of risk of carrying out financial transactions by the client developed by bank by legalization of the criminal income / to financing of terrorism and testifies to low reliability of use by the client of services of bank for legalization of the criminal income / financings of terrorism;

the faces tied with public figures - family members and other close relatives, legal entities, owners of essential participation or controllers of which are public figures or their close relatives (spouses, children, parents, brothers and sisters, the grandfather, the woman, the grandsons, adoptive parents adopted);

certain period - the period determined by bank in internal documents of bank concerning implementation of financial monitoring for the purpose of implementation of the strengthened monitoring of financial transactions;

the source document - the document which contains obligatory details (the name of person (legal or physical) which constituted the document, the name of the document, date and the place of creation, content and amount of transaction, unit of its measurement, the personal or digital signature or other data giving the chance to identify person - the initiator of implementation of transaction; name of a consignee of means, number(s) of the account (ov)) is also the basis for display of financial transaction in system of automation of bank;

the profound (strengthened) identification - identification of the clients determined in the Program of identification and customer research of bank which contains expanded list of data for identification and customer research taking into account recommendations of National Bank;

procedure - the accurate sequence of actions of certain process with indication of methods, forms, terms (terms) of application by employees of bank of these actions determined in internal documents of bank concerning implementation of financial monitoring;

the strengthened monitoring of financial transactions of the client - action for identification, entering into the register and provision of information to Specially authorized body about financial transactions which are subject to internal financial monitoring according to article 16 of the Law, by the codes of signs determined by the Reference book of codes of signs of financial transactions which are subject to internal financial monitoring and financial transactions on tracking (monitoring) at the request of foreign state or Gosfinmonitoring, the provided appendix 3 to the Instruction for filling of forms of accounting and submission of the information connected with implementation of financial monitoring, approved by the order of the Ministry of Finance of Ukraine of April 26, 2013 No. 496, of Ukraine registered in the Ministry of Justice on May 24, 2013 for No. 805/23337 (further - the Instruction No. 496);

acceptable level of risks of legalization of the criminal income / financings of terrorism - risk which is managed under control to bank, cannot lead to increase in legal risk and risk of reputation, and also deterioration in financial results of activities of bank, or to cause damage to its shareholders, creditors and clients;

the software of bank concerning financial monitoring (further - the software) - the program module(s) or the interconnected their set implemented in activities of bank and used by bank for accomplishment of functions of the subject of primary financial monitoring;

one-time financial transaction on the considerable amount - carrying out financial transaction without opening of the account to the client with cash on the amount equal or the exceeding 150 000 hryvnias, or on the amount equivalent to the specified foreign currency amount;

the register of financial transactions - the document in electronic form which structure is determined by the ranking officer of bank - legal person / branch of foreign bank and which is created and kept by bank according to requirements of this provision and according to the procedure, established by Rules of internal financial monitoring of bank;

results of risk assessment of use of services of bank for legalization of the criminal income / financings of terrorism - the conclusions of the ranking officer of bank concerning risk level of use of services of bank for legalization of the criminal income / financings of terrorism;

risk of use of services of bank for legalization of the criminal income / financings of terrorism - the available or potential danger of increase in legal and/or reputation risk(s) of bank because of carrying out the financial transactions connected with legalization of the criminal income / terrorism financing;

risk as the client - the available or potential danger of implementation by the client of the financial transactions connected with legalization of the criminal income / terrorism financing;

the risk on geographical arrangement of country of incorporation of the client or organization (further - geographical risk) - the risk connected with financial transactions if the client or organization through which it performs peredavayemost (obtaining) of assets takes the place of residence (stay, registration) in the country carried to offshore zones or does not carry out, or in an inadequate way implements recommendations of the international, intergovernmental organizations involved in the sphere of fight against legalization of the criminal income / terrorism financing and/or to which the international sanctions are applied;

the customer risk is available or potential danger as a result of emergence of risk as the client, risk of services and geographical risk, separately or in total;

risks of legalization of the criminal income / financings of terrorism - set of risks of clients of bank and risk of use of services of bank for legalization of the criminal income / financings of terrorism;

risk of service - the risk arising in case of change of economic essence of financial transaction (service) because of its possible use for legalization of the criminal income / financings of terrorism, in particular, if as a result of certain actions the direction and/or nature of use of cash flows change;

the risk of reputation is available or potential risk for receipts and the capital which arises because of adverse perception of image of bank by clients, partners, shareholders (participants) or supervision bodies that influences possibility of bank to establish the new relations with partners, to provide new services or to maintain the available relations, and can lead bank (or his heads) to financial losses or reduction of client base, attraction to administrative, civil or criminal liability;

the average level of customer risk is the risk level received by results of risk assessment of the client who is determined by bank according to the criteria of risk of carrying out financial transactions by the client developed by bank by legalization of the criminal income / financings of terrorism and testifies to the increased reliability of use by the client of services of bank for legalization of the criminal income / finansirovannya terrorism;

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

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

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.