Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

It is registered

Ministry of Justice

Russian Federation

On February 9, 2015 No. 35933

PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of December 15, 2014 No. 445-P

About requirements to rules of internal control of not credit financial credit institutions for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing

(as amended on 24-12-2019)

Based on 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" (The Russian Federation Code, 2001, No. 33, Art. 3418; 2002, No. 30, Art. 3029; No. 44, Art. 4296; 2004, No. 31, Art. 3224; 2005, No. 47, Art. 4828; 2006, No. 31, Art. 3446, Art. 3452; 2007, No. 16, Art. 1831; No. 31, Art. 3993, Art. 4011; No. 49, Art. 6036; 2009, No. 23, Art. 2776; No. 29, Art. 3600; 2010, No. 28, Art. 3553; No. 30, Art. 4007; No. 31, Art. 4166; 2011, No. 27, Art. 3873; No. 46, Art. 6406; 2012, No. 30, Art. 4172; No. 50, Art. 6954; 2013, No. 19, Art. 2329; No. 26, Art. 3207; No. 44, Art. 5641; No. 52, Art. 6968; 2014, No. 19, Art. 2311, Art. 2315, Art. 2335; No. 23, Art. 2934; No. 30, the Art. 4214, the Art. 4219) (further - the Federal Law) and the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; No. 10, Art. 1151; No. 18, Art. 2117; 2008, No. 42, Art. 4696, Art. 4699; No. 44, Art. 4982; No. 52, Art. 6229, Art. 6231; 2009, No. 1, Art. 25; No. 29, Art. 3629; No. 48, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, Art. 5973; No. 48, Art. 6728; 2012, No. 50, Art. 6954; No. 53, Art. 7591, Art. 7607; 2013, No. 11, Art. 1076; No. 14, Art. 1649; No. 19, Art. 2329; No. 27, Art. 3438, Art. 3476, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6336; No. 51, Art. 6695, Art. 6699; No. 52, Art. 6975; 2014, No. 19, Art. 2311, Art. 2317; No. 27, Art. 3634; No. 30, Art. 4219; No. 45, of the Art. 6154) this Provision establishes requirements to rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing (further - PVK on POD/FT) professional participants of the security market (further - professional participants), insurance companies (except for the medical insurance companies performing activities only in the field of compulsory medical insurance) (further - insurance companies), managing companies of investment funds, mutual investment funds and non-state pension funds (further - managing companies), credit consumer cooperatives, including agricultural credit consumer cooperatives (further - credit cooperatives), and other organizations performing transactions with money or other property specified in article 5 of the Federal Law (except for credit institutions), regulation, control and supervision of which in accordance with the legislation of the Russian Federation exercises the Bank of Russia (further in case of joint mentioning - not credit financial credit institutions).

Chapter 1. General provisions

1.1. The requirements to PVK on POD/FT established by this Provision are applied by not credit financial credit institutions depending on type which not credit financial credit institution according to appendix 1 to this Provision treats.

1.2. The basic principles and the purposes of the organization of internal control in not credit financial credit institution for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing (further - POD/FT) are:

ensuring protection of not credit financial credit institution against penetration into it criminal income;

risk management of legalization (washing) of income gained in the criminal way and financings of terrorism for the purpose of its minimization;

ensuring independence of the special official responsible for observance of PVK for POD/FT;

participation of the special official of not credit financial credit institution responsible for realization of PVK for POD/FT (and in the presence of the relevant division - the employees responsible for the organization of the POD/FT system and realization of PVK for POD/FT), the employees participating in implementation of transactions (transactions) with money or other property, the employees performing legal maintenance of activities, the employees performing functions of safety, the employees performing functions of internal control irrespective of post within their competence in identification of the transactions which are subject to mandatory control and transactions concerning which there are suspicions that they are performed for the purpose of legalization (washing) of income gained in the criminal way or terrorism financing.

1.3. PVK on POD/FT are developed by not credit financial credit institution for the purpose of:

ensuring accomplishment by not credit financial credit institution of requirements of the legislation of the Russian Federation in the field of POD/FT;

maintenance in not credit financial credit institution of system effectiveness of POD/FT at the level sufficient for risk management of legalization (washing) of income gained in the criminal way and terrorism financings;

exceptions of involvement of not credit financial credit institution, her heads and employees in implementation of legalization (washing) of income gained in the criminal way and terrorism financing.

1.4. PVK on POD/FT are developed by not credit financial credit institution according to the Federal Law, this Provision and other regulations of the Bank of Russia taking into account features of type and scale of its activities, organizational structure, nature of products (services) provided by not credit financial credit institution to clients and also risk level of legalization (washing) of income gained in the criminal way and terrorism financing.

The procedure for development of PVK on POD/FT, modification of PVK on POD/FT, their approval of not credit financial credit institution by divisions (in the presence of divisions) and approvals is determined by internal documents of not credit financial credit institution.

1.5. In case of realization of PVK on POD/FT not credit financial credit institution shall provide:

application of procedures of risk management of legalization (washing) of income gained in the criminal way and terrorism financings;

documentary fixation of data (information) concerning POD/FT;

preserving confidentiality of data on the measures taken by not credit financial credit institution for the purpose of POD/FT;

the timely direction of data (information) concerning POD/FT in authorized body.

1.6. PVK on POD/FT are the complex document of not credit financial credit institution or set of documents determined by not credit financial credit institution, regulating its activities for POD/FT and containing the description of set of the measures taken by not credit financial credit institution and the undertaken procedures determined by programs of implementation of internal control for the purpose of POD/FT.

The procedures necessary for realization of PVK for POD/FT which are not provided by this Provision can contain in other internal documents of not credit financial credit institution which are not part of PVK on POD/FT.

If PVK on POD/FT is set of documents of not credit financial credit institution, such PVK on POD/FT shall contain list of the internal documents of not credit financial credit institution which are part of this set.

1.7. PVK on POD/FT include the following programs:

program of the organization of the POD/FT system;

the program of identification of the client, representative of the client, beneficiary, beneficial owner (further - the program of identification);

the management program risk of legalization (washing) of income gained in the criminal way and terrorism financings (further - the management program risk);

the program of identification in activities of clients of transactions (transactions) which are subject to mandatory control and transactions (transactions) concerning which there are suspicions that they are performed for the purpose of legalization (washing) of income gained in the criminal way or terrorism financing (further - the program of identification of transactions);

the program determining procedure for application of measures for freezing (blocking) of money or other property of the client and procedure for carrying out verification of presence among the clients of the organizations and physical persons to whom measures for freezing (blocking) of money or other property are applied or shall be applied (further - the program for freezing (blocking) of money and other property and conducting check);

the program determining procedure for suspension of transactions with money or other property;

the program of the organization of work on refusal in accomplishment of the order of the client about transaction making;

the program of the organization in not credit financial credit institution of work with the documents and (or) data on lack of the bases for decision making on refusal submitted by the client in accomplishment of the order of the client about transaction making, requests and decisions of the interdepartmental commission created under the Bank of Russia (further - the interdepartmental commission);

the program of preparation and personnel training of not credit financial credit institution in the field of POD/FT;

the program determining order of interaction of not credit financial credit institution with persons to whom carrying out identification (the simplified identification) is entrusted (in case of the order not credit financial credit institution of carrying out identification (the simplified identification) to other persons).

PVK on POD/FT can join other programs developed by not credit financial credit institution at discretion.

1.8. PVK on POD/FT affirm sole executive body of not credit financial credit institution.

PVK on POD/FT of the not credit financial credit institution consisting of one employee affirm the head of such not credit financial credit institution (if the organization is legal entity) or the individual entrepreneur (if the organization is individual entrepreneur - insurance broker).

1.9. Functions of control of the organization in not credit financial credit institution of work on POD/FT are assigned at the discretion of such organization according to its internal documents to person performing functions of sole executive body or to his deputy, or to the member of collegiate executive body (further - the head of not credit financial credit institution) and if not credit financial credit institution is individual entrepreneur, the specified functions are performed by the individual entrepreneur or the worker appointed by it (in the presence at the individual entrepreneur of workers).

1.10. In not credit financial credit institution control over the implementation by not credit financial credit institution and its employees of the PVK programs for POD/FT shall be exercised.

The head of not credit financial credit institution provides control of compliance of the applied PVK on POD/FT to requirements of the legislation of the Russian Federation in the field of POD/FT.

PVK on POD/FT shall be brought by not credit financial credit institution into accord with requirements of the legislation of the Russian Federation in the field of POD/FT no later than three months after the date of entry into force of the Federal Law making changes to the Federal Law if other is directly not established by the relevant Federal Law.

PVK on POD/FT shall be brought by not credit financial credit institution into accord with requirements of the regulation in the field of POD/FT no later than three months after date of its introduction in force if other is directly not established by the corresponding regulation.

1.11. Requirements of this provision do not extend to professional participants, being credit institutions, except as specified, directly provided by this Provision.

Chapter 2. The organization of the POD/FT system in not credit financial credit institutions and the program of the organization of the POD/FT system

2.1. In not credit financial credit institution from among her employees the special official responsible for realization of PVK for POD/FT is designated (further - the responsible). In not credit financial credit institution specified in Item 1 of appendix 1 to this Provision, the head of not credit financial credit institution can perform functions of the responsible (at insurance broker, being the individual entrepreneur, - the individual entrepreneur or the worker hired by it).

2.2. The responsible submits directly to the head of not credit financial credit institution.

The responsible of not credit financial credit institution shall conform to the qualification requirements to the responsible established by the Instruction of the Bank of Russia of December 5, 2014 No. 3470-U "About qualification requirements to the special officials responsible for implementation of rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to financing of terrorism in not credit financial credit institutions" <1> (further - the Instruction of the Bank of Russia No. 3470-U).

--------------------------------

<1> It is registered by the Ministry of Justice of the Russian Federation on December 24, 2014 No. 35349.

The responsible of insurance company, non-state pension fund, managing company, and also the microfinancial organization performing the activities in the form of microfinance company shall conform to the requirements to goodwill established by the legislation of the Russian Federation for each type of not credit financial credit institution from among specified in this paragraph.

2.3. In the period of temporary disability, leave (including maternity leaves, and also child care leaves), official journey of the responsible of not credit financial credit institution from among specified in Item 1 of appendix 1 to this Provision by the acting as the responsible other employee of such not credit financial credit institution on condition of its compliance to the qualification requirements established by the Instruction of the Bank of Russia No. 3470-U to the staff of structural division of not credit financial credit institution on POD/FT or other division of not credit financial credit institution which competence questions POD/FT, and also compliance to the requirements to goodwill established by the legislation of the Russian Federation for the corresponding type of not credit financial credit institution enter is appointed.

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