INFORMATION LETTER OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of December 28, 2012 No. 21

Generalization of practice of application of the Federal Law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing" and the regulations of the Bank of Russia adopted according to it

1. Whether it is necessary to refer to subject to mandatory control according to the paragraph the fifth the subitem 4 of Item 1 of article 6 of the Federal Law of 07.08.2001 N 115-FZ "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (further - the Federal Law) the transactions made by payment agents and bank payment agents within rendering services in money transfer

According to the subitem 4 of Item 1 of article 6 of the Federal Law the money transferred by not credit institutions at the request of the client belongs to the transactions which are subject to mandatory control provided that the amount of such transaction is equal or exceeds 600 000 rubles or equivalent in foreign currency.

Literal reading of the specified regulation of the Federal Law allows to draw conclusion that mandatory control will be is subject by the transaction on the money transferred by not credit institution at the request of the client made on equal or the exceeding sum determined by the Federal Law.

The procedure of money transfer is established by the Federal Law of 27.06.2011 N 161-FZ "About national payment system" (further - the Federal Law N 161-FZ).

In particular, by Item 12 of article 3 of the Federal law N 161-FZ which became effective 29.12.2011, it is determined that money transfer are actions of the operator for money transfer within the applied forms of clearing settlements on provision to the receiver of means of money of the payer. At the same time the list of subjects which are granted the right to transfer money is limited to the Federal Law N 161-FZ. According to regulations of article 11 of the Federal law N 161-FZ operators on money transfer are the Bank of Russia, credit institutions having the right to implementation of money transfer and the "Development Bank and Foreign Economic Activity (Vnesheconombank)" state corporation which according to provisions of the Federal Law of 17.05.2007 N 82-FZ "About Development bank" is not credit institution.

Also are not credit institutions of the organization of federal mail service which render services of postal money transfer according to requirements of the Federal Law of 17.07.1999 N 176-FZ "About mail service".

Payment agents according to the Federal Law of 03.06.2009 N 103-FZ "About the activities for acceptance of payments of physical persons performed by payment agents" render services in acceptance of payments, and bank payment agents participate in acceptance of payments according to the Federal Law N 161-FZ. At the same time payment agents and bank payment agents are not operators on money transfer and do not perform activities for money transfer.

Considering the above, we believe that as payment agents and bank payment agents do not transfer the money made by them within rendering services in transaction money transfer formally are not the transactions which are subject to mandatory control according to the paragraph the fifth the subitem 4 of Item 1 of article 6 of the Federal Law.

2. Whether the Provision of the Bank of Russia of 19.08.2004 N 262-P "About identification by credit institutions of clients and beneficiaries for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (further - the Provision N 262-P) in case of attraction by credit institution based on Item 1.5 of article 7 of the Federal Law of the bank payment agent is applicable to carrying out identification of the client - physical person, the representative of the client and (or) the beneficiary for the purpose of implementation of money transfer without opening of the bank account, including electronic money,

According to Item 1.5 of article 7 of the Federal Law the credit institution has the right to charge based on the agreement, in particular to the bank payment agent, carrying out identification of kliyentafizichesky person, representative of the client and (or) beneficiary for the purpose of implementation of money transfer without opening of the bank account, including electronic money.

We believe that when carrying out identification by the bank payment agent based on Item 1.5 of article 7 of the Federal Law it is possible to proceed from the approaches determined by the Provision N 262-P.

3. The Federal Law of 20.07.2012 N 121-FZ "About modification of separate legal acts of the Russian Federation regarding regulation of activities of the non-profit organizations performing functions of the foreign agent", become effective 21.11. 2012, are included in the list of the transactions which are subject to mandatory control the transactions on receipt by non-profit organization of money and (or) other property from foreign states, the international and foreign organizations, foreign citizens and stateless persons made on the amount equal or exceeding 200 000 rubles or equivalent in foreign currency (Item 1.2 of article 6 of the Federal Law). What transactions of non-profit organizations should be considered as subjects to mandatory control based on Item 1.2 of article 6 of the Federal Law,

In the Federal Law there are no regulations containing specifying on the fact that transactions of the non-profit organizations created in certain forms are subject to mandatory control (for example, concerning the transactions made by the non-profit organizations performing functions of the foreign agent). Therefore, the requirement of Item 1.2 of article 6 of the Federal Law extends to the transactions of any non-profit organizations specified in it.

For the purpose of application of regulation, stipulated in Item 1.2 articles 6 of the Federal Law, credit institution it is necessary to be guided by the determinations of non-profit organizations formulated in Article 50 of the Civil code of the Russian Federation, in article 2 of the Federal Law from 12.01.1996 N 7-FZ "About non-profit organizations" and articles 5 and 10 of the Federal Law of 19.05.1995 N 82-FZ "About public associations".

4. Whether are subject to mandatory control based on paragraph 3 of the subitem 3 of Item 1 of article 6 of the Federal Law of transaction on replenishment by in cash of already open contribution (deposit) for benefit of the third party, made on the amount equal or exceeding 600 000 rubles,

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