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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 8, 2012 

No. 1346/21658

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

of July 19, 2012 No. 995

About approval of the Regulations on implementation of financial monitoring by professional participants of the security market

(as amended on 24-09-2013)

According to Item 13 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine", part one of article 14 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 National commission on securities and the stock market RESHILA:

1. Approve Regulations on implementation of financial monitoring by professional participants of the security market which are applied.

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 the Regulations on implementation of financial monitoring by professional participants of the security market approved by this decision, within a month after its introduction in force.

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

Commission chairman

D. Tevelev

It is approved:

The chairman of Public service of Ukraine concerning regulatory policy and development of entrepreneurship

 

 

M. Yu. Brodsky 

Head of Public service of financial

monitoring of Ukraine

 

S. Gurzhy

Vice-chairman of the National Bank of Ukraine

I. V. Sorkin

Approved by the Decision of the National commission on securities and the stock market of Ukraine of July 19, 2012 No. 995

Regulations on implementation of financial monitoring by professional participants of the security market

I. General provisions

1. This Provision establishes general requirements NKTsBFR concerning the organization and carrying out primary financial monitoring by professional participants of the security market (further - subjects of primary financial monitoring).

Action of this provision extends to subjects of primary financial monitoring 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, and their separate divisions.

Action of this provision does not extend to banks/branches of foreign banks which perform professional activity in the security market.

2. In corporate investment funds the organization and carrying out primary financial monitoring are performed by the company on asset management of institutes of joint investment.

3. Terms which are used in this Provision are applied in the values determined by the Law of Ukraine "About the prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing" (further - the Law).

4. This Provision establishes general requirements relatively:

a) appointments of the worker responsible for carrying out financial monitoring;

b) rules of carrying out financial monitoring and programs of its implementation;

c) implementation of identification and customer research;

d) ensuring identification of the financial transactions which are subject to financial monitoring and financial transactions concerning which there are good causes to suspect that they are connected concerns or is intended for terrorism financing;

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