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Ministry of Justice

Russian Federation

On April 6, 2012 No. 23744

PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

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

(as amended on 20-10-2020)

Based on the Federal Law of August 7, 2001 No. 115-FZ "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. 30, Art. 3029; No. 44, Art. 4296; 2004, No. 31, Art. 3224; 2005, No. 47, Art. 4828; 2006, No. 31, Art. 3446, 3452; 2007, No. 16, Art. 1831; No. 31, Art. 3993, 4011; No. 49, Art. 6036; 2009, No. 23, Art. 2776; No. 29, Art. 3600; 2010, No. 28, Art. 3553; No. 30, Art. 4007; No. 31, Art. 4166; 2011, No. 27, Art. 3873; No. 46, the Art. 6406) (further - the Federal Law) and the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, 10; No. 10, Art. 1151; No. 18, Art. 2117; 2008, No. 42, Art. 4696, 4699; No. 44, Art. 4982; No. 52, Art. 6229, 6231; 2009, No. 1, Art. 25; No. 29, Art. 3629; No. 48, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, of the Art. 5973) the Bank of Russia establishes 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 (further - PVK on POD/FT).

Chapter 1. General provisions

1.1. The basic principles and the purposes of the organization in credit institution of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing (further - POD/FT) are:

ensuring protection of credit institution against penetration into it criminal income;

risk management of legalization (washing) of income gained in the criminal way and financings of terrorism for the purpose of its minimization;

ensuring independence of the special official responsible for observance of PVK for POD/FT;

participation of staff of the division responsible for the organization of the POD/FT system and realization of PVK for POD/FT, the divisions of credit institution participating in banking operations and other transactions, legal division, division of safety, service of internal audit, service of internal control of credit institution irrespective of post within their competence of identification of the transactions which are subject to mandatory control and transactions concerning which there are suspicions that they are performed for the purpose of legalization (washing) of income gained in the criminal way or terrorism financing.

1.2. PVK on POD/FT are developed by credit institution for the purpose of:

ensuring accomplishment by credit institution of requirements of the legislation of the Russian Federation in the field of POD/FT;

maintenance of system effectiveness of internal control on POD/FT of credit institution at the level sufficient for risk management of legalization (washing) of income gained in the criminal way and terrorism financings;

exceptions of involvement of credit institution, her heads and employees in implementation of legalization (washing) of income gained in the criminal way and terrorism financing.

1.3. PVK on POD/FT are the complex document of credit institution or set of documents determined by credit institution, regulating its activities for POD/FT and containing the description of set of the measures taken by credit institution and the undertaken procedures determined by programs of implementation of internal control for the purpose of POD/FT.

1.4. PVK on POD/FT are developed by credit institution according to the Federal Law, this Provision and other regulations of the Bank of Russia taking into account features of organizational structure of credit institution, nature of products (services) provided by credit institution to clients and also risk level of legalization (washing) of income gained in the criminal way and terrorism financing.

The procedure for development of PVK on POD/FT, modification of PVK on POD/FT, their approval of credit institution by divisions, representation on approval to sole executive body of credit institution is determined by internal documents of credit institution.

1.5. In case of realization of PVK on POD/FT the credit institution shall provide:

application of procedures of risk management of legalization of income gained in the criminal way and terrorism financings;

documentary fixation of data (information) concerning POD/FT;

preserving confidentiality of data on the measures taken by credit institution for the purpose of POD/FT;

the timely direction of data (information) concerning POD/FT in authorized body.

1.6. PVK on POD/FT join the following programs:

program of the organization of the POD/FT system;

program of identification by credit institution of the client, representative of the client, beneficiary, beneficial owner;

the management program risk of legalization (washing) of income gained in the criminal way and terrorism financings;

the program of identification in activities of clients of the transactions which are subject to mandatory control and transactions concerning which there are suspicions that they are performed for the purpose of legalization (washing) of income gained in the criminal way or terrorism financing;

the program of the organization in credit institution of work on refusal of the conclusion of bank account agreement (contribution) with the physical person, the legal entity, foreign structure without formation of legal entity, to refusal in accomplishment of the order of the client about making of transaction and on agreement cancelation of the bank account (contribution) according to the Federal Law;

the program determining order of interaction of credit institution with persons to whom carrying out identification is entrusted (in case of the order credit institution according to the Federal Law of carrying out identification (the simplified identification) to other persons);

the program determining procedure for application of measures for freezing (blocking) of money or other property of the client and procedure for carrying out verification of presence among the clients of the organizations and physical persons to whom measures for freezing (blocking) of money or other property are applied or shall be applied;

the program of the organization in credit institution of work with the documents and (or) data on lack of the bases for decision making on refusal submitted by the client in accomplishment of the order about making of transaction or about refusal of the conclusion of bank account agreement (contribution), requests and decisions of the interdepartmental commission created under the Bank of Russia (further - the interdepartmental commission);

the program determining procedure for suspension of transactions with money or other property;

the program of preparation and personnel training in credit institution on POD/FT.

PVK on POD/FT can join other programs developed by credit institution at discretion.

1.7. PVK on POD/FT affirm sole executive body of credit institution.

1.8. Functions of control of the organization in credit institution of work on POD/FT are assigned at the discretion of credit institution according to its internal documents to sole executive body, or to his deputy, or to the member of collegiate executive body of credit institution (further - the head of credit institution).

1.9. In credit institution control over the implementation by credit institution and its employees of the PVK programs for POD/FT shall be exercised.

The head of credit institution provides control of compliance of the applied PVK on POD/FT to requirements of the legislation of the Russian Federation in the field of POD/FT.

PVK on POD/FT of credit institution shall be brought into accord with requirements of the legislation of the Russian Federation in the field of POD/FT no later than three months after the date of entry into force of the Federal Law making changes to the Federal Law if other is directly not established by the relevant Federal Law.

PVK on POD/FT of credit institution shall be brought into accord with requirements of the regulation in the field of POD/FT no later than three months after date of its introduction in force if other is directly not established by the corresponding regulation.

Chapter 2. Organization of the POD/FT system and program of the organization of the POD/FT system

2.1. For ensuring realization by credit institution of PVK on POD/FT the governing body of credit institution authorized on that by the internal document of credit institution makes the decision on creation of independent division on POD/FT or on determination of the division entering into structure of credit institution which competence questions POD/FT will enter (further - division on POD/FT).

The division on POD/FT heads the special official responsible for realization of PVK for POD/FT (further - the responsible) conforming to the qualification requirements established by the Instruction of the Bank of Russia of August 9, 2004 N 1486-U "About qualification requirements to the special officials responsible for observance of rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to financing of terrorism and programs of its implementation in credit institutions", the registered Ministry of Justice of the Russian Federation on September 3, 2004 N 6003, on November 2, 2011 N 22194 ("the Bulletin of the Bank of Russia" of September 10, 2004 N 54, of November 9, 2011 N 61) (further - the Instruction of the Bank of Russia N 1486-U), and to requirements to goodwill, stipulated in Item 1 parts one of article 16 of the Federal law "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 No. 17-FZ) (Sheets of the Congress of People's Deputies of RSFSR and the Supreme Council of RSFSR, 1990, No. 27, Art. 357; Russian Federation Code, 1996, No. 6, Art. 492; 1998, No. 31, Art. 3829; 1999, No. 28, Art. 3459, Art. 3469; 2001, No. 26, Art. 2586; No. 33, Art. 3424; 2002, No. 12, Art. 1093; 2003, No. 27, Art. 2700; No. 50, Art. 4855; No. 52, Art. 5033, Art. 5037; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 1, Art. 18, Art. 45; No. 30, Art. 3117; 2006, No. 6, Art. 636; No. 19, Art. 2061; No. 31, Art. 3439; No. 52, Art. 5497; 2007, No. 1, Art. 9; No. 22, Art. 2563; No. 31, Art. 4011; No. 41, Art. 4845; No. 45, Art. 5425; No. 50, Art. 6238; 2008, No. 10, Art. 895; 2009, No. 1, Art. 23; No. 9, Art. 1043; No. 18, Art. 2153; No. 23, Art. 2776; No. 30, Art. 3739; No. 48, Art. 5731; No. 52, Art. 6428; 2010, No. 8, Art. 775; No. 27, Art. 3432; No. 30, Art. 4012; No. 31, Art. 4193; No. 47, Art. 6028; 2011, No. 7, Art. 905; No. 27, Art. 3873, Art. 3880; No. 29, Art. 4291; No. 48, Art. 6730; No. 49, Art. 7069; No. 50, Art. 7351; 2012, No. 27, Art. 3588; No. 31, Art. 4333; No. 50, Art. 6954; No. 53, Art. 7605, Art. 7607; 2013, No. 11, Art. 1076; No. 19, Art. 2317, Art. 2329; No. 26, Art. 3207; No. 27, Art. 3438, Art. 3477; No. 30, Art. 4084; No. 40, Art. 5036; No. 49, Art. 6336; No. 51, Art. 6683, Art. 6699; 2014, No. 6, Art. 563; No. 19, Art. 2311; No. 26, Art. 3379, Art. 3395; No. 30, Art. 4219; No. 40, Art. 5317, Art. 5320; No. 45, Art. 6144, Art. 6154; No. 49, Art. 6912; No. 52, Art. 7543; 2015, No. 1, Art. 37; No. 17, Art. 2473; No. 27, Art. 3947, Art. 3950; No. 29, Art. 4355, Art. 4357, Art. 4385; No. 51, Art. 7243; 2016, No. 1, Art. 23; No. 15, Art. 2050; No. 26, Art. 3860; No. 27, Art. 4294, Art. 4295; 2017, No. 14, Art. 2000; No. 18, Art. 2661, Art. 2669; No. 25, Art. 3596; No. 30, Art. 4456; No. 31, Art. 4754, Art. 4830; 2018, No. 1, the Art. 66) (further - the Federal Law "About Banks and Banking Activity");

The responsible's obligations in the period of its temporary disability, leave (except for maternity leaves, and also child care leaves), official journey are performed by other employee of credit institution on condition of its compliance to qualification requirements to the staff of division on POD/FT established by the Instruction of the Bank of Russia N 1486-U and requirements to goodwill, stipulated in Item 1 part one of article 16 of the Federal law "About Banks and Banking Activity".

During finding of the responsible in maternity leave, and also in child care leave appointment to the qualification requirements fulfilling its duties of other employee of credit institution on condition of its compliance to the responsible established by the Instruction of the Bank of Russia N 1486-U and requirements to goodwill, stipulated in Item 1 part one of article 16 of the Federal law "About Banks and Banking Activity" is allowed.

2.2. The responsible submits directly to the head of credit institution.

2.3. Ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 20.10.2020 No. 5599-U

2.4. The responsible, the staff of division on POD/FT can combine the activities with implementation of other functions in credit institution, except for the functions performed by service of internal audit provided that they have no right to sign on behalf of credit institution payment (settlement) and accounting documents, and also other documents connected with origin and execution of the rights and obligations of credit institution.

2.5. Join in the program of the organization of the POD/FT system:

the description of general structure of the POD/FT system, its elements (levels), including division on POD/FT (the status (subordination), structure, tasks, functions, the rights and obligations, procedure for the organization of work), the principles and mechanisms of interaction of elements of system;

regulations on the status, functions, the rights and the responsible's obligations, the principles and procedure for its interaction with the head of credit institution;

procedure (scheme) for interaction of the responsible, the staff of division on POD/FT with the staff of other divisions of credit institution;

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