Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

The document ceased to be valid since  May 10, 2016 according to Item 2 of the Decision of the National commission on securities and the stock market of Ukraine of  March 17, 2016 No. 309

It is registered

Ministry of Justice of Ukraine

August 9, 2012

No. 1354/21666

DECISION OF THE NATIONAL COMMISSION ON SECURITIES AND STOCK MARKET OF UKRAINE

of July 19, 2012 No. 998

About approval of the Procedure for stop and renewal of carrying out financial transactions in the security market subjects of primary financial monitoring

According to Item 13 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine", on accomplishment of provisions of article 17 of the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing" and for the purpose of establishment of general requirements of the National commission on securities and the stock market concerning actions of subjects in case of stop of financial transactions concerning which there is motivated suspicion that they are connected with legalization (washing) of income gained in the criminal way, or terrorism financing or concerning which the international sanctions, the National commission on securities and the stock market RESHILA are applied:

1. Approve the Procedure for stop and renewal of carrying out financial transactions in the security market by subjects of primary financial monitoring which is applied.

2. Declare invalid the decision of State commission on securities and the stock market of July 27, 2010 No. 1156 "About approval of the Procedure for stop and renewal of carrying out financial transactions in the security market by subjects of primary financial monitoring", registered in the Ministry of Justice of Ukraine on October 01, 2010 for No. 878/18173.

3. To provide to department of control and legal work (O. Misyur):

submission of this decision on implementation of examination on compliance of the Convention on human rights protection and fundamental freedoms in the Secretariat of the Government representative for cases of the European Court of Human Rights of the Ministry of Justice of Ukraine;

submission of this decision on state registration in the Ministry of Justice of Ukraine.

4. (Yu. Zhuly) to provide to department of external and internal communications publication of this decision according to requirements of the legislation.

5. This decision becomes effective from the date of its official publication.

6. To professional participants of the security market to bring internal documents into accord with Procedure for stop and renewal of carrying out financial transactions in the security market by subjects of primary financial monitoring.

7. Control over the implementation of this decision to assign to the member of the commission E.Voropayev.

Commission chairman

D. Tevelev

Approved by the Decision of the National commission on securities and the stock market of Ukraine of July 19, 2012, No. 998

Procedure for stop and renewal of carrying out financial transactions in the security market subjects of primary financial monitoring

I. General provisions

1. This Procedure extends to subjects of primary financial monitoring who are professional participants of the security market - legal entities who received according to the Law of Ukraine "About state regulation of the security market in Ukraine" the license(s) for implementation of certain type(s) of professional activity in the stock market (further - subjects), and their separate divisions.

2. The procedure does not extend to banks which perform professional activity in the security market.

3. This Procedure establishes general requirements of the National commission on securities and the stock market (further - NKTsBFR) concerning actions of subjects in case of stop of financial transactions concerning which there is motivated suspicion that they are connected with legalization (washing) of income gained in the criminal way, or terrorism financing or concerning which the international sanctions are applied.

4. Terms which are applied in this Procedure are used in the value given in the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing" (further - the Law).

II. Requirements to documents, procedure for their preparation and submission to Public service of financial monitoring of Ukraine

1. In case of adoption by the subject of the decision on stop of carrying out financial transaction the subject this day notifies Public service of financial monitoring of Ukraine (further - Gosfinmonitoring of Ukraine) in the established form.

The subject reports to Gosfinmonitoring of Ukraine about accomplishment of the decision and/or the order of Gosfinmonitoring of Ukraine about: to stop of carrying out financial and/or account account transactions of the client (persons); to further stop of financial transaction and/or account account transactions of the client (persons). Such message goes in the established form in day of receipt of the relevant decision of Gosfinmonitoring of Ukraine by the subject.

2. Messages of the subject move to Gosfinmonitoring of Ukraine in electronic form (communication channels) or on paper (purposely, courier or express mail, fax connection).

The message moves to Gosfinmonitoring of Ukraine with observance of measures which exclude uncontrollable information access or to documents during their delivery.

3. The subject can make sure that directed messages are received by Gosfinmonitoring of Ukraine in day of their departure.

4. The ordering documents provided by this Procedure prepare the ranking officer of the subject and are signed by the head of the subject or person who fulfills its duties, and shall contain, in particular, the information about the client, financial transactions (account account transactions of the client (persons)) (dalsheraskhodny transactions), account numbers which are involved in carrying out transactions, and details of decisions of Gosfinmonitoring of Ukraine.

5. If at the time of receipt of the relevant decision and/or the order of Gosfinmonitoring of Ukraine financial transaction and/or account operations are performed, the subject provides monitoring of such financial transaction and/or account transactions and this day reports to Gosfinmonitoring of Ukraine about impossibility of stop of such financial transaction and/or account transactions in connection with their carrying out with indication of the bases for their carrying out.

6. The decision and/or the order of Gosfinmonitoring of Ukraine happens to execution to the subject in electronic or paper type.

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 SoyuzPravoInform LLC.