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LETTER OF THE MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION

of October 2, 2013 No. 07-02-05/40858

About practice of application of the legislation of the Russian Federation on counteraction of legalization (laundering) of income gained criminal in the way and to terrorism financing

According to the procedure of generalization of practice of application of the legislation of the Russian Federation on counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing the Department of regulation of financial accounting, financial reporting and auditor activities draws the attention of auditing organizations, auditors to the following.

1. In case of fulfillment of requirements of 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" (further - the Federal Law No. 115-FZ) auditing organizations, auditors shall follow the Application guide of the approach based on risk assessment, for accountants, accepted by Group of development of financial measures of anti-money laundering (FATF).

2. For the purpose of the Federal Law No. 115-FZ legalization (washing) of income gained in the criminal way giving of lawful type to ownership, use or the order is considered the money or other property received as a result of crime execution. Client is the physical person or legal entity which is on servicing of the organization performing transactions with money or other property.

3. In case of fulfillment of requirements of the Federal Law No. 115-FZ special attention shall be paid to the clients performing the transactions with money or other property provided in Item 1 of article 7.1 of the Federal Law No. 115-FZ (further - Transactions), with partners from the states and the territories:

a) providing preferential tax regime of the taxation and (or) not providing disclosure and provisions of information when carrying out financial transactions. The list of the states and the territories which are providing preferential tax regime of the taxation and (or) not providing disclosure and provision of information when carrying out financial transactions is approved by the order of the Ministry of Finance of the Russian Federation of November 13, 2007 No. 108n;

b) FATF which are not implementing or partially implementing recommendations about counteraction of legalization (washing) of income gained in the criminal way and terrorism financing. The list of the states (territories) which do not implement the recommendation of Group of development of financial measures of anti-money laundering (FATF), is approved by the order of Federal Service for Financial Monitoring of November 10, 2011 No. 361.

Actions of the auditor when rendering auditor services

4. Proceeding from provisions of the federal standard of auditor activities of FSAD 6/2010 "The auditor's obligations on observance consideration by the audited face of requirements of regulatory legal acts during audit", the Ministry of Finance of the Russian Federation approved by the order of August 17, 2010 No. 90n, during audit of accounting (financial) records the auditor shall consider (to consider) observance by the audited face of regulatory legal acts of the Russian Federation, including the Federal Law No. 115-FZ. To consideration, in particular, observance by the audited face of the requirements for identification of clients established by the Federal Law No. 115-FZ or according to it is subject, to the organization of internal control, fixation, storage and submission of information.

5. By observance consideration by the audited face of the requirements for obligatory submission / direction to authorized body (Federal Service for Financial Monitoring) <1> of data on transactions established by the Federal Law No. 115-FZ or according to it with money and other property special attention shall be paid on the following.

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