ORDER OF THE MINISTRY OF FINANCE OF UKRAINE

of March 10, 2015 No. 306

About approval of the Principles of processing of information on the financial transactions which are subject to financial monitoring obtained from subjects of primary financial monitoring and criteria of the analysis of such transactions

According to the paragraph of Item of 1 part one of article 18 of the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction" for the purpose of establishment of the principles of processing of information on the financial transactions which are subject to financial monitoring obtained from subjects of primary financial monitoring, and criteria of the analysis of such transactions I order the second:

1. Approve the Principles of processing of information on the financial transactions which are subject to financial monitoring obtained from subjects of primary financial monitoring and criteria of the analysis of such transactions which are applied.

2. Declare invalid the order of the Ministry of Finance of Ukraine of March 18, 2013 No. 397 "About approval of the Principles of processing of information on the transactions which are subject to financial monitoring obtained from subjects of primary financial monitoring, and criteria of the analysis of such transactions", registered in the Ministry of Justice of Ukraine on April 8, 2013 on No. 572/23104.

3. To department of tax, customs policy and methodology of financial accounting of the Ministry of Finance of Ukraine (Chmeruk N. A.) together with Department of financial investigations of Public service of financial monitoring of Ukraine (Hilyuk V. P.) in accordance with the established procedure to provide:

provision of this order on state registration in the Ministry of Justice of Ukraine;

promulgation of this order.

4. This order becomes effective from the date of its official publication.

5. To impose control over the implementation of this order on the Deputy Minister of Finance of Ukraine Fudashkin D. A. and vice-chairman of Public service of financial monitoring of Ukraine Zubriya V.P.

Approved by the Order of the Ministry of Finance of Ukraine of March 10, 2015 No. 306

The principles of processing of information on the financial transactions which are subject to financial monitoring obtained from subjects of primary financial monitoring and criteria of the analysis of such transactions

1. These Principles and criteria are held for use Public service of financial monitoring of Ukraine (further - Gosfinmonitoring) when carrying out the analysis received from subjects of primary financial monitoring (further - SPFM) messages on financial transactions which can be connected with legalization (washing) of income gained in the criminal way, either financing of terrorism or financing of distribution of weapons of mass destruction and describe:

1) the principles of processing of information on the financial transactions which are subject to financial monitoring obtained from SPFM;

2) criteria of the analysis of the financial transactions which are subject to financial monitoring.

2. Processing of information on the financial transactions which are subject to financial monitoring obtained from SPFM is based on the following basic principles:

1) completeness of information processing;

2) sequences of information processing;

3) preserving and information security;

4) control of information processing;

5) timeliness and objectivity of information processing;

6) independence and non-interference to activities of SPFM of employees of Gosfinmonitoring when processing of information by them;

7) categorizations of messages on financial transactions taking into account risk - the oriented approach;

8) comprehensive use of information from other stipulated by the legislation sources in case of information processing.

3. When processing of information on the financial transactions which are subject to financial monitoring obtained from SPFM, are subject to the analysis:

1) economic sense and purpose of financial transaction;

2) asset type or form of calculation, the financial transaction used when carrying out, and the amount of financial transaction;

3) compliance of financial transaction to nature and content of activities of the participant of the transaction;

4) the place, the residence or residence of persons performing financial operation or final beneficial owners (controllers), their sphere and the period of activities;

5) the subject of the agreement between participants of financial transaction, and also the financial instruments used when carrying out financial transaction, other information.

4. When processing of information on the financial transactions which are subject to financial monitoring obtained from SPFM are considered:

1) the additional information from SPFM about suspicion of legalization (washing) of income gained in the criminal way, either financing of terrorism or financing of distribution of weapons of mass destruction, or making of the act determined by the Criminal code of Ukraine as crime which does not concern legalization (washing) of income gained in the criminal way or terrorism financing;

2) the sequence and communication of financial transactions which in essence can demonstrate legalization (washing) of income gained in the criminal way or financings of terrorism or financing of distribution of weapons of mass destruction, or making of the act determined by the Criminal code of Ukraine as crime which does not concern legalization (washing) of income gained in the criminal way or terrorism financing;

3) availability of the data testimonial of participation of participants of financial transaction in legalization (washing) of income gained in the criminal way, or financings of terrorism or financing of distribution of weapons of mass destruction, making of socially dangerous acts preceding legalization (washing) of income gained in the criminal way and also on application of the international sanctions against participants of financial transaction.

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