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INFORMATION LETTER OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of October 2, 2013 No. 22

Generalization of practice of application of the Federal Law of 07.08.2001 No. 115-FZ "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. How the credit institution should obtain information on the status of the payer of money for the purpose of identification of the transaction which is subject to mandatory control specified in Item 1.2 of article 6 of the Federal Law of 07.08.2001 No. 115-FZ "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (further - the Federal Law)?

For the purpose of identification of the transaction which is subject to mandatory control specified in Item 1.2 of article 6 of the Federal Law, the credit institution has the right to use any information sources, available on legal causes, including to obtain information on the status of the payer of money at the client.

Besides, the agreement determining relations of credit institution and non-profit organization (for example, bank account agreement), can include obligation on submission of such information of credit institution by non-profit organization in time, requirements of the Federal Law on submission of data on the transactions which are subject to mandatory control to the authorized body allowing credit institution to observe.

2. Whether requirements of article 6 of the Federal Law to transactions of diplomatic representations and consular establishments of the foreign states which are in the territory of the Russian Federation are applicable?

According to explanations of the Ministry of Foreign Affairs of the Russian Federation foreign diplomatic representations and consular establishments are not persons of law, autonomous in relation to the accrediting state, and act as the bodies of this state operating from his name and in its interests. Their legal status is regulated by rules of international law, in particular the Vienna convention on the diplomatic intercourses of 1961 and the Vienna convention on the consular intercourses of 1963, but not the domestic legislation of the state of stay.

Diplomatic representations and consular establishments are not neither legal entities by the Russian legislation, nor representative offices of any foreign company. The basis for organization of foreign diplomatic representation are the rules of international law containing in Conventions on the diplomatic intercourses of 1961, and the fact of establishment of diplomatic relations between the Russian Federation and the relevant state. Similarly the issue is resolved also with consular establishments. About it in some cases between the states the international contracts can be signed.

Proceeding from the above we believe that the Federal Law is not applied to the diplomatic representations and consular establishments of foreign states which are in the territory of the Russian Federation.

3. Whether the agreement of participation in shared-equity construction is subject to mandatory control based on Item 1.1 of article 6 of the Federal Law?

The agreement of participation in shared-equity construction signed based on the Federal Law of 30.12.2004 No. 214-FZ "About participation in shared-equity construction of apartment houses and other real estate objects and about modification of some legal acts of the Russian Federation" (further - the Federal Law No. 214-FZ), formally does not belong to the transactions which are subject to mandatory control according to Item 1.1 of article 6 of the Federal Law as literal reading of Item 1.1 of article 6 of the Federal Law allows to carry to the transactions which are subject to mandatory control, real estate transactions of which making transition of the property right to real estate is result.

According to article 16 of the Federal Law No. 214-FZ state registration of the property right to the real estate unit is performed by the relevant state body based on the documents submitted by the builder. At the same time emergence of the property right of the participant of shared-equity construction to object of shared-equity construction, but not its transition is registered.

4. In what terms credit institutions shall finish identification among the clients who are on servicing at the time of entry into force of the Federal Law of 03.12.2012 No. 231-FZ "About modification of separate legal acts of the Russian Federation in connection with adoption of the Federal Law "About Control of Compliance of Expenses of Persons Replacing the State Positions, and Other Persons and to Their Income" (further - the Federal Law No. 231-FZ), the faces replacement (holding) state positions of the Russian Federation, position of board members of the Central bank of the Russian Federation, position of the Federal State Service, appointment to which and release from which are performed by the President of the Russian Federation or the Government of the Russian Federation, position in the Central bank of the Russian Federation, the state corporations and other organizations created by the Russian Federation based on the Federal Laws, included in the lists of positions determined by the President of the Russian Federation (further - RPDL)?

The subitem 1 of Item 1 of article 7.3 of the Federal Law establishes requirements for the organizations performing transactions with money or other property to take reasonable and available measures for identification of RPDL among the clients who are on servicing or accepted on servicing.

Considering stated, it is necessary to draw conclusion that requirements of article 7.3 of the Federal Law regarding identification by credit institutions among the clients RPDL extends including to clients who were clients of credit institution as of 01.01.2013 - the date of entry into force of the Federal Law No. 231-FZ. At the same time the Federal Law does not establish the term during which credit institutions shall finish identification of RPDL among the clients who were on servicing at the time of its entry into force.

In case of determination of the specified term in programs of identification of credit institution we believe possible to be guided by the terms provided by the subitem 3 of Item 1 of article 7 of the Federal Law for updating of customer information.

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