It is registered
Ministry of Justice
Russian Federation
On September 16, 2008 No. 12296
of August 29, 2008 No. 321-P
About procedure for submission by credit institutions to authorized body of the data provided by the Federal Law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing"
Central Bank of the Russian Federation based on article 7 of the Federal law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing" (The Russian Federation Code, 2001, No. 33, Art. 3418; 2002, No. 44, Art. 4296; 2004, No. 31, Art. 3224; 2006, No. 31, Art. 3446; 2007, No. 16, Art. 1831; No. 49, the Art. 6036) (further - the Federal Law) and article 7 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2004, No. 27, the Art. 2711) establishes procedure for submission by credit institution (branch of credit institution) (the daleecreditny organization) to authorized body of data on the transactions with money or other property which are subject to mandatory control and also about other transactions with money or other property concerning which the credit institution has suspicions that they are performed for the purpose of legalization (washing) of income gained in the criminal way and terrorism financing (further - the data provided by the Federal Law).
1.1. For the purposes of this provision the following concepts are applied:
the report in the form of the electronic message - the message created by credit institution for prestavleniye in authorized body, containing data on the transactions provided by the Federal Law, provided electronically and supplied with the registered authentication code (further - OES);
the notice in the form of the electronic message - the message on acceptance (rejection) by territorial office of the Bank of Russia of OES of credit institution for delivery in authorized body or the message on acceptance (rejection) by the OES authorized body or data on the separate transactions containing in OES of credit institution provided electronically (further - IES);
authentication - the procedure of establishment of authenticity and integrity of the message;
establishment of authenticity and integrity - the verification of the message allowing the receiver to determine that the message proceeds from the specified source and was not changed by its transfer from source to the receiver;
code of authentication of the message - the data included by the sender in structure of the message and used by the receiver for establishment of authenticity and integrity of the message and identification of his sender (further - KA);
key of KA - the individual data used during creation and check of KA and consisting from:
confidential part of key of KA - the data intended for creation by the sender of KA (further - confidential key of KA),
public part of key of KA - the data intended for authentication by the receiver (further - open key of KA);
the owner of key of KA - credit institution, structural divisions of the Bank of Russia, including territorial offices of the Bank of Russia which key of KA is registered according to appendix 1 to this Provision.
2.1. The direction is performed by credit institution in authorized body of the data provided by the Federal Law in the form of OES through the territorial office of the Bank of Russia exercising supervision of activities of credit institution (further - territorial office).
2.2. The direction in the OES authorized body through territorial office is allowed by branch of credit institution only for the branches having bank identification code of the participant of calculations making payments through settlement network of the Central bank of the Russian Federation (Bank of Russia) (further - BIC). In case of delegation by credit institution to such branch of powers in the OES independent direction through territorial office in authorized body, information on it is carried by branch of credit institution to the territorial office exercising supervision of its activities in any written form.
The credit institution taking into account requirements of this provision establishes for all its structural divisions internal regulations of forming and the direction in territorial office of the data provided by the Federal Law.
2.3. Transfer - acceptance of OES by credit institution and territorial office are performed using the means of cryptographic information security (further - SKZI) accepted to use in the Bank of Russia. Ensuring information security when using SKZI is performed according to the procedure, established in appendix 1 to this Provision.
2.4. The credit institution supplies OES with authentication code, then ciphers it using the keys of enciphering used for exchange of information with authorized body then the encoded OES is supplied with KA.
2.5. The description of structure of the OES file is provided in appendices 3 and 4 to this Provision.
2.6. When forming OES inclusion in one OES of data on several transactions is allowed.
2.7. The responsibility for the content of the data included in OES is born by credit institution - the owner of key of KA who supplies OES.
2.8. The credit institution brings OES prepared according to Items 2.4 - 2.6 this provision, to territorial office on communication channels or on the digital carrier.
The territorial office provides acceptance of OES of the credit institutions brought to territorial office on communication channels or on the digital carrier and also their control according to Chapter 3 this provision.
2.9. In exceptional cases, when, for the reasons of natural and technogenic nature which are not depending on it, the credit institution is not able to prepare independently OES, forming by credit institution of the data provided by the Federal Law, on paper according to the procedure, the established Regulations on submission of information to Federal Service for Financial Monitoring by the organizations performing transactions with money or other property approved by the Order of the Government of the Russian Federation of April 17, 2002 N245 is allowed (The Russian Federation Code, 2002, No. 16, Art. 1572; 2003, No. 4, Art. 327; 2004, No. 44, Art. 4351; 2007, No. 46, Art. 5582; 2008, No. 18, Art. 2049).
2.10. In case of suspension of transaction by credit institution with money or other property, and also when making transaction on transfer of the money which arrived into the account of physical person or legal entity when at least one of the parties of such transaction is the organization or physical person concerning which are available received in the procedure for the data on their participation in terrorist activities established according to Item 2 of article 6 of the Federal Law or the legal entity who directly or indirectly is in property or under control such the organizations or persons or the physical person or legal entity acting on behalf or on specifying such of the organization or persons (further - the transaction connected with terrorism financing), the credit institution in day of suspension or making of such transaction creates the separate OES containing data on this transaction and right after forming directs it to authorized body through territorial office on communication channels or on the digital carrier with the sign in file name determining submission of data on the transactions connected with terrorism financing according to appendix 5 of this provision.
The territorial office controls receipts of OES with the sign in file name determining submission of data on the transactions connected with terrorism financing. In case of receipt of OES with the specified sign the territorial office allocates OES from general flow of messages and without delay transfers him to Department of information technologies of the Bank of Russia (further - DIT).
DIT on receipt of OES containing data on the transaction connected with terrorism financing without delay transfers him to authorized body.
2.11. When making the transactions provided by the Federal Law, except for transactions, specified in Items 6 and 11 of article 7.2 of the Federal Law and Item 2.10 of this provision, the credit institution creates and sends to the authorized body through territorial office of OES containing data on such transactions no later than 16:00 local time third working days following behind day of making or day of identification of such transactions. In coordination with territorial office time of receipt of OES by territorial office can be increased, but not later than till 17:30 local time of the third working day following behind day of making or day of identification of such transactions.
Day of identification of the transaction specified in Item 3 of article 7 of the Federal Law (further - suspicious transaction), it is necessary to consider day in which, as a result of application of rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing, the credit institution made the final decision on recognition of transaction of the client suspicious.
The procedure of check of customer information or its transaction for confirmation of justification of suspicions of implementation by the client of legalization (washing) of income gained in the criminal way or terrorism financing, is applied according to the program of check of customer information or transaction of the client.
Data on the transactions specified in Items 6 and 11 of article 7.2 of the Federal Law are represented to authorized body no later than the working day following behind day of recognition of transaction suspicious according to the procedure, established by paragraph one of this Item.
2.12. If the transaction with money or other property which is subject to mandatory control was revealed by credit institution after the third working day following behind day of its making, the credit institution creates and sends to the authorized body through territorial office of OES containing data on such transaction, according to the procedure, stipulated in Item 2.11 this provision.
2.13. OES accepted by territorial office containing the data provided by the Federal Law except for of data on the transactions specified in Item 2.10 of this provision are transferred by territorial office to DIT in day of their acceptance till 18:00 local time.
2.14. If after obtaining from the branch which is not transferring independently OES to authorized body through territorial office, data on suspicious transaction, the credit institution made the decision on not direction of data on the specified transaction in authorized body, no later than the working day following behind day of adoption of such decision, the credit institution sends the notification on it to branch. The credit institution independently determines format and procedure for the direction of the notification in branch. The received notification is stored in branch of credit institution at least 5 years from the date of its obtaining.
2.15. In case of information transfer from territorial office in DIT the communication channels applied in the Bank of Russia to submission of statistical information are used.
2.16. By transfer of OES to authorized body the territorial office and DIT shall ensure safety of all data OES, except KA which supplies OES after its enciphering, and also impossibility of unauthorized acquaintance with OES by the third parties.
3.1. The territorial office carries out authentication of OES received from credit institution for delivery in authorized body.
3.2. OES of credit institution, authenticity or integrity of which is not established, is excluded from further processing, at the same time the territorial office creates and sends to credit institution of IES about rejection by the territorial office of OES for delivery in authorized body with indication of cause of failure in acceptance, the supplied KA registered according to appendix 1 to this Provision.
In case of receipt of territorial office by credit institution of IES about rejection of OES sent to authorized body, the credit institution repeatedly prepares OES and directs it according to the procedure, determined by Chapter 2 this provision.
3.3. In case of establishment of authenticity and integrity of OES of credit institution the territorial office creates and sends to credit institution of IES about acceptance by territorial office of OES for delivery to authorized body.
3.4. The territorial office sends to credit institution of IES about acceptance (rejection) of OES on communication channels or on the digital carrier.
The credit institution provides acceptance of IES of territorial office about acceptance (rejection) of OES on communication channels or on the digital carrier.
3.5. The territorial office creates and sends to IES about acceptance (rejection) of OES to credit institution in day of obtaining by territorial office from credit institution of OES no later than 18:00 local time.
3.6. The description of structure of the IES file of territorial office is provided in appendix 6 to this Provision.
3.7. Control of forming of IES provides territorial office - the owner of key of KA who supplies IES.
4.1. By results of control by authorized body of each OES IES containing information on adoption (rejection) by authorized body of data on the separate transactions included in OES, or OES in general is created (further - IES of authorized body).
IES of authorized body goes to TsIT for the subsequent transfer to credit institution through territorial office.
The description of structure of IES of authorized body is provided in appendix 7 to this Provision.
4.2. TsIT provides the IES direction of authorized body in territorial office for delivery in credit institution in day of receipt of IES from authorized body with use of the communication channels applied in the Bank of Russia to submission of statistical information.
The IES direction of authorized body from TsIT in territorial office is performed according to the procedure, established by the Bank of Russia.
4.3. The territorial office provides the IES direction of authorized body in credit institution no later than 18:00 local time working days following behind day of the IES direction authorized body.
The territorial office sends to IES of authorized body of credit institution - the sender of the relevant OES on communication channels or on the digital carrier.
The credit institution provides acceptance of IES of authorized body from territorial office on communication channels or on the digital carrier.
4.4. IES of authorized body sent to credit institution concerning OES containing data on the transactions connected with financing of terrorism, and transferred to authorized body according to Item 2.10 of this provision cannot be the basis for prolongation of term of suspension or making of the specified transaction by credit institution.
4.5. On receipt of IES of authorized body with results of processing of OES containing the data provided by the Federal Law and relating to transactions which were revealed in the branch of credit institution which is not transferring independently OES to authorized body credit institution creates and sends no later than the working day following behind day of receipt of IES of authorized body to the branch which provided data on the specified transactions, the notification on acceptance (rejection) by authorized body of the data provided by branch or the copy of IES of authorized body. The credit institution independently determines format and procedure for the direction of the notification or copy of IES in branch. The received notification or the copy of IES is stored in branch of credit institution at least 5 years from the date of its obtaining.
4.6. In case of receipt of IES of authorized body about rejection of OES in general the credit institution creates the corrected OES with adjustment sign in file name according to appendix 5 to this Provision.
In case of receipt of IES of authorized body about rejection of data on separate transactions as a part of OES the credit institution creates the corrected data on these transactions as a part of new OES.
Corrected by OES or OES with the corrected data on separate transactions goes credit institution to authorized body no later than 16:00 local time working days following behind day of receipt of authorized body by credit institution of IES according to the procedure, determined by Item 2.8 of this provision. In coordination of credit institution with territorial office time of receipt of OES by territorial office can be increased, but not later than till 17:30 local time of the working day.
4.7. In case of non receipt by credit institution of IES of authorized body within 4 working days from the date of the OES direction in authorized body through territorial office and acceptances by its territorial office the credit institution sends the written request to territorial office for clarification of the reasons of nondelivery of IES of authorized body.
5.1. Sent by credit institution to the OES authorized body on which IES about acceptance by their territorial office and also specified to IES of territorial office and IES of authorized body, received by credit institution in response to this OES are received at least 5 years from the date of receipt of IES of authorized body are stored by credit institution in electronic form.
5.2. The OES received from credit institution and which underwent control according to Chapter 3 this provision are stored in territorial office in electronic form together with IES about the acceptance of OES by territorial office and IES of authorized body on this OES within year from the date of receipt of IES of authorized body according to the procedure established by the Bank of Russia.
5.3. Program both software and hardware of cryptographic information security and reference books of keys of KA are stored in territorial office and credit institution is at least 5 years old from the moment of their last application when processing OES (IES).
6.1. Rules of forming of OES and filling of certain fields of records OES are provided in appendix 3 to this Provision.
6.2. The credit institution when forming OES uses information containing in the following qualifiers and reference books.
6.2.1. For identification of the territories in which the credit institutions creating OES are registered the All-Russian qualifier of subjects to administrative-territorial division is used (further - RCATU).
6.2.2. For identification of the countries and the territories of registration, the location, residence and stay of participants of transactions the All-Russian qualifier of the countries of the world is used (further - OKSM).
6.2.3. For specifying in OES of currency code of transaction the All-Russian classification of currencies is used.
6.2.4. For identification of the credit institutions creating OES their registration numbers containing in the Book of state registration of credit institutions (further - KGRKO), and the bank identification codes containing in the Reference book of bank identification codes of participants of the calculations making payments through settlement network of the Central bank of the Russian Federation (Bank of Russia) are used (further - the Reference book of BIC of Russia).
6.2.5. For identification of transaction types, data on which as a part of OES are represented by credit institution to authorized body, the List of transaction types, data on which are represented to authorized body according to the Federal Law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing" (further, - the List of transaction types, data on which are represented to authorized body), containing in appendix 8 to this Provision is used.
6.2.6. For the purpose of determination of nature of other transactions, information on which is submitted credit institution in authorized body, the list of the signs specifying unusual nature of the transaction (qualifier) containing in appendix to the Provision of the Bank of Russia of March 2, 2012 No. 375-P "About requirements to rules of internal control of credit institution for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing", to No. 23744 registered by the Ministry of Justice of the Russian Federation on April 6, 2012 ("the Bulletin of the Bank of Russia" of April 18, 2012 No. 20) is used, (further - the Provision of the Bank of Russia of March 2, 2012 No. 375-P).
6.2.7. For the purpose of specifying in OES of code of the identity document, the Reference book of the codes of the document types proving the identity or confirming the right of the foreign citizen or stateless person to stay (residence) in the Russian Federation, used in case of submission by credit institutions to the authorized body of the data provided by the Federal Law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing" (further - the Reference book of the codes of the document types proving the identity or confirming the right of the foreign citizen or stateless person to stay (residence) in the Russian Federation), containing in appendix 10 to this Provision is used.
7.1. This Provision is subject to official publication in "the Bulletin of the Bank of Russia" and according to the solution of the Board of directors of the Bank of Russia (the minutes of the Board of directors of the Bank of Russia No. 17) become effective of 25.08.2008 since January 1, 2009.
7.2. From the date of entry into force of this provision Polozheniye of the Bank of Russia of December 20, 2002 No. 207-P "About procedure for submission by credit institutions to authorized body of the data provided by the Federal Law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing", registered by the Ministry of Justice of the Russian Federation on January 4, 2003 No. 4092 ("the Bulletin of the Bank of Russia" of January 10, 2003 No. 2) and the Instruction of the Bank of Russia of August 17, 2004 No. 1490-U "About modification of Polozheniye of the Bank of Russia of December 20, 2002 No. 207-P "About procedure for submission by credit institutions to authorized body of the data provided by the Federal Law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing" registered by the Ministry of Justice of the Russian Federation on September 3, 2004 No. 2004 ("the Bulletin of the Bank of Russia" of September 10, 2004 No. 54) are effective within 5 years for cases of forming of the corrected OES on OES directed till January 1, 2009 and not accepted by authorized body or OES created on replacement, removal on OES directed till January 1, 2009 and accepted by authorized body.
Chairman of the Central bank of the Russian Federation
S. M. Ignatyev
to the Provision of the Bank of Russia of August 29, 2008 No. 321-P "About procedure for submission by credit institutions to authorized body of the data provided by the Federal Law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing"
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It is approved Federal Service for Financial Monitoring |
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Procedure for ensuring information security by transfer acceptance of OES
1. Transfer of OES by credit institution and acceptance of OES by territorial office are performed using SKZI: means of forming of KA and means of enciphering. Specific SKZI and methods of their use are determined by the Bank of Russia.
2. Installation and setup of SKZI on the automated workplace from which transfer of OES of credit institution is performed (further - automated workplace) are carried out taking into account the requirements stated in operational documentation on SKZI in the presence of the automated workplace administrator appointed by credit institution. In case of each start of automated workplace control of integrity of the software of SKZI shall be provided.
3. Engineering procedure of transfer and processing of OES with use of SKZI is regulated and provided with instructive and methodical materials.
4. Each of participants of exchange (credit institution and territorial office) can have reserve keys of KA and keys of enciphering.
5. Each of participants of exchange determines and approves accounting treatment, storages and uses of carriers of confidential keys of KA and keys of enciphering which shall exclude completely possibility of unauthorized access to them.
6. The open keys of KA made by credit institution and used when forming KA of OES are subject to registration in the registration center of territorial office. For registration of key means of SKZI make registration card in duplicate (appendix 2 to this Provision), one of which remains in territorial office, another returns credit institution. The procedure for distribution of series and numbers of keys of KA is determined by the Bank of Russia.
7. Enciphering keys for work with OES are made by the Bank of Russia and transferred to credit institution by territorial office together with the corresponding reference book of open keys of enciphering. For these keys production of registration card is not required.
8. The fact of transfer by territorial office of keys of enciphering and the corresponding reference book of open keys of enciphering of credit institution is registered according to the procedure determined by territorial office (it is drawn up by the act or the log entry). The form of the magazine of transfer of keys of enciphering or form of the deed of conveyance of keys of enciphering is established by territorial office.
9. The management of each of participants of exchange approves the list of the executives in charge having access to carriers of confidential keys of KA and keys of enciphering (further - authorized persons), with indication of specific information on each authorized person.
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