RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of June 15, 2011 No. 192

About approval of the Regulations on application by the National Bank of Ukraine of sanctions for violation of the law concerning the prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing

In pursuance of Articles 3, of 6, of 14, "About the prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing" (further - the Law), according to Articles 7, 55 and 56 Laws of Ukraine "About the National Bank of Ukraine", Articles 66, of 67, 73 and 74 Laws of Ukraine "About banks and banking activity" (further - the Law on banks) the Board of the National Bank of Ukraine DECIDES: 23 Laws of Ukraine

1. Approve Regulations on application by the National Bank of Ukraine of sanctions for violation of the law concerning the prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing (further - Regulations on application of sanctions) which is applied.

2. Ceased to be valid according to the Resolution of Board of the National Bank of Ukraine of 17.08.2012 No. 346 

3. Determine that the National Bank of Ukraine has the right for the violations made before entry into force of the Law (failure to carry out, unseemly accomplishment) requirements:

The law of Ukraine "About the prevention and counteraction of legalization (washing) of income gained in the criminal way" to impose on bank penalty based on this law according to the procedure, the provided Regulations on application of sanctions, except as specified when the Law mitigates or cancelled responsibility for such violations;

the regulatory legal acts of the National Bank of Ukraine regulating activities (implementation of set or separate actions) in the sphere of the prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing to apply to banks according to article 73 of the Law on banks of corrective action except as specified when the Law mitigates or cancelled responsibility for such violations.

4. Recognize invalid:

the resolution of Board of the National Bank of Ukraine of 17.03.2004 No. 108 "About procedure for imposing by the National Bank of Ukraine of penalties for violation of requirements of the Law of Ukraine by banks "About the prevention and counteraction of legalization (washing) of income gained in the criminal way", registered in the Ministry of Justice of Ukraine 05.04.2004 for No. 422/9021;

the resolution of Board of the National Bank of Ukraine of 20.06.2006 No. 226 "About introduction of amendments to the resolution of Board of the National Bank of Ukraine of 17.03.2004 No. 108", registered in the Ministry of Justice of Ukraine 26.06.2006 for No. 745/12619;

the resolution of Board of the National Bank of Ukraine of 12.11.2009 No. 665 "About introduction of amendments to the resolution of Board of the National Bank of Ukraine of 17.03.2004 No. 108", registered in the Ministry of Justice of Ukraine 01.12.2009 for No. 1155/17171.

5. The resolution becomes effective from the date of its official publication.

6. To department of financial monitoring (O.M.Berezhny) after state registration in the Ministry of Justice of Ukraine to bring contents of this resolution to the attention of territorial administrations of the National Bank of Ukraine and banks of Ukraine for use in work.

7. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine I. V. Sorkin, General department of banking supervision (O. O. Tkachenko), Department of financial monitoring (O.M.Berezhny), chiefs of territorial administrations of the National Bank of Ukraine.

Approved by the Resolution of Board of the National Bank of Ukraine of June 15, 2011 No. 192

Regulations on application by the National Bank of Ukraine of sanctions for violation of the law concerning the prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing

I. General provisions

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

This Provision establishes the procedure of application by the National Bank of Ukraine (further - National Bank) for failure to carry out (unseemly accomplishment) of requirements (further - violation) the Law and/or regulatory legal acts of the National Bank of Ukraine regulating activities (implementation of set or separate actions) in the sphere of the prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing (further - regulatory legal acts), to banks, branches of foreign banks (further - banks) sanctions and/or presentation of requirements to them concerning accomplishment (elimination and/or implementation of the actions necessary for non-admission in further activities of violations (further - elimination of violations) requirements of the legislation which governs the relations in the sphere of the prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing.

The terms used in this Provision are used in the values determined by the Law, other laws of Ukraine, regulatory legal acts of National Bank.

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