RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 18, 2010 No. 745

About approval of the Procedure for forming of the list of the faces tied with implementation of terrorist activities or concerning which the international sanctions are applied

According to article 17 of the Law of Ukraine "About the prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for forming of the list of the faces tied with implementation of terrorist activities or concerning which the international sanctions which is applied are applied.

2. Declare invalid the resolution of the Cabinet of Ministers of Ukraine of May 25, 2006 N 751 "About approval of the Procedure for forming of the list of the faces tied with terrorist activities" (The Official Bulletin of Ukraine, 2006, N 22, the Art. 1632).

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 18, 2010, No. 745

Procedure for forming of the list of the faces tied with implementation of terrorist activities or concerning which the international sanctions are applied

1. This Procedure determines the mechanism of forming of the list of the faces tied with implementation of terrorist activities or relatively which are applied the international sanctions (further the list).

2. The bases for entering of legal entity or physical person by Gosfinmonitoring into the list are:

1) the court verdict which took legal effect about recognition of physical person guilty of making of the crimes provided by Articles 258, 258-1 - 258-5 Criminal codes of Ukraine;

2) data which are created by the international organizations or bodies authorized by them, about the organizations, legal entities and physical persons connected with the terrorist organizations or terrorists and also about persons concerning whom the international sanctions are applied;

3) sentences or decisions of the courts, decisions of other competent authorities of foreign states concerning the organizations, legal entities or physical persons connected with implementation of terrorist activities which are recognized Ukraine according to international treaties of Ukraine.

3. The list is created based on data (documents) determined by Item 2 presents of the Procedure and contains such information:

1) concerning citizens of Ukraine - surname, name and middle name, birth date, series and passport number or other identity document, date of issue and the name of body which issued them, the place of stay and/or accommodation, identification number according to the State register of physical persons - taxpayers and other obligatory payments or series and passport number in which the mark about the right of implementation of payments without identification number is in accordance with the established procedure brought, and concerning the citizens of Ukraine registered as physical persons - entrepreneurs - also in the presence bank details in which the account, and bank account number is opened;

2) rather legal entities - residents - full name, the location, identification code according to EGRPOU, bank details in which the account, and bank account number is opened;

3) concerning foreigners and physical persons without grazhdanstvafamiliya, name and in the presence middle name, in the presence nationality or citizenship, birth date, series and passport number or other identity document, date of issue and the name of body which issued it, the place of stay and/or permanent or temporary dwelling;

4) rather legal nonresident persons - full name, the location, bank details in which the account, bank account number is opened.

4. Information, the stipulated in Item 3 presents of the Procedure, is submitted to couriers or the MFA the subitem 3 Items 2 presents of the Procedure goes the registered mail with observance of the rules excluding unauthorized access to it, the SSU to Gosfinmonitoring in the presence of the bases, determined by the subitem of 1 Item 2 presents of the Procedure, and.

Specified in Items 2 and 3 of this Procedure for the data (documents) and information go to Gosfinmonitoring not later than five working days of the date of receipt of the data necessary for inclusion of legal entity or physical person in the list.

Receives the data provided by the subitem 2 Items 2 presents of the Procedure, Gosfinmonitoring from the official website of the UN.

5. Forming of the list or entering of changes into it is performed by Gosfinmonitoring within three working days of receipt date of data (documents) and information specified in Items 2 and 3 of this Procedure.

6. In case of inclusion of legal entity or physical person in the list Gosfinmonitoring carries instantly out the analysis of the available information on financial transactions of such person which became object of financial monitoring, and also data of single state information system in the field of the prevention and counteraction of legalization (washing) of income gained in the criminal way or to financing of terrorism regarding establishment of data on assets of the legal entity or physical person included in the list.

In case of identification of assets of the legal entity or physical person included in the list, Gosfinmonitoring instantly represents to the SSU the generalized materials for acceptance in the presence of the corresponding bases of measures to seizure of property (deposits) of such person.

7. The basis for exception Gosfinmonitoring of person from the list is:

1) repayment or removal of criminal record from the physical person condemned for making of the crimes provided by Articles 258, 258-1-258-5 Criminal codes of Ukraine;

2) exception of person of data which are created by the international organizations or bodies authorized by them, about the organizations, legal entities and physical persons connected with the terrorist organizations or terrorists and also about persons concerning whom the international sanctions are applied;

3) repayment or removal of criminal record from the physical person condemned by sentence or the judgment, the decision of other competent authorities of foreign states concerning the organizations, legal entities or physical persons are connected with implementation of terrorist activities which are recognized Ukraine according to international treaties of Ukraine;

4) availability of documentary confirmed data on the death of the physical person included in the list, and for legal entities - about their liquidation.

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