RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of November 7, 2013 No. 441

About approval of Changes to Regulations on implementation of financial monitoring by banks

According to Articles 3, 6 and 14 Laws of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing", Articles 7, 55 and 56 Laws of Ukraine "About the National Bank of Ukraine", article 63 of the Law of Ukraine "About banks and banking activity" the Board of the National Bank of Ukraine decides:

1. Approve Changes in the Regulations on implementation of financial monitoring by banks approved by the resolution of Board of the National Bank of Ukraine of May 14, 2003 No. 189, registered in the Ministry of Justice of Ukraine on May 20, 2003 at No. 381/7702 (in edition of the resolution of Board of the National Bank of Ukraine of January 31, 2011 No. 22) which are applied.

2. To department of financial monitoring (Smakhtina L. N.) after state registration in the Ministry of Justice of Ukraine to bring contents of this resolution to the attention of territorial administrations of the National Bank of Ukraine for use in work.

3. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine Tkachenko A. A.

4. The resolution becomes effective from the date of its official publication.

Approved by the Resolution of Board of the National Bank of Ukraine of November 7, 2013 No. 441

Changes to Regulations on implementation of financial monitoring by banks

1. In the Section I:

1) in Item 1.2:

add Item after the paragraph of third with the new paragraph the fourth the following content:

"Customer research - process of receipt of information on identification of the client in cases, stipulated by the legislation, and studying of its financial activities in the course of servicing for further implementation of the analysis, check, refining, generalization of the acquired information (data) and assessment, monitoring of customer risk".

With respect thereto the fourth - the thirty eighth to consider paragraphs respectively paragraphs the fifth - the thirty ninth;

the fifth to state the paragraph in the following edition:

"Studying of financial activities of the client - customer research component which includes carrying out comparative analysis of information obtained when implementing the analysis of financial transactions of the client, information obtained in case of installation of business relations (including in the course of refining of information on questions of identification, essence of activities, financial condition), and information obtained for holding time for previous period (quarter, half-year, year) for the purpose of revaluation of risk level of the client";

to state the paragraph of the seventh in the following edition:

"The information about physical persons (owners of essential participation in the legal entity, controllers of legal/physical person) - identification data of physical person (persons) - the controller (controllers) of legal/physical person (the owner of essential participation in the legal entity)";

add Item after the paragraph of the seventh with the new paragraph the eighth the following content:

"The ranking officer of bank - the employee of bank responsible for carrying out financial monitoring in bank".

With respect thereto paragraphs of the eighth - to consider the thirty ninth respectively paragraphs the ninth - the fortieth;

word in paragraph eleven of "measure for restriction" shall be replaced with words "measures for the prevention, restriction";

paragraphs the fifteenth, sixteenth to state in the following edition:

"a) residents - surname, name and middle name; Birth date; passport number of the citizen of Ukraine (or other identity document), date of issue and body which issued it; place of residence or location; registration number of accounting card of the taxpayer [further - identification (registration) number] or passport number of the citizen of Ukraine in which the mark of bodies of the income and charges about refusal of receipt of identification (registration) number of accounting card of the taxpayer is put down;

b) nonresidents - surname, name and middle name (in the presence); Birth date; passport number of the citizen of Ukraine (or other identity document), date of issue and body which issued it; nationality; place of residence or place of temporary stay of physical person in Ukraine";

add Item after the paragraph of the sixteenth with the new paragraph the seventeenth the following content:

"Identification - possibility of application by bank in cases, stipulated by the legislation Ukraine, documentary confirmed actions connected with receipt of the data provided by parts eleven and the twelfth article 9 of the Law and parts seven and the eighth article 64 of the Law on banks, based on official documents or their copies certified in accordance with the established procedure".

With respect thereto the seventeenth - the fortieth to consider paragraphs respectively paragraphs the eighteenth - the forty first;

the nineteenth to state the paragraph in the following edition:

"Monitoring of risks of clients - process of tracking of criteria of risks of clients by results of customer research, is carried out for the purpose of timely identification of changes of risk of geographical arrangement of country of incorporation of the client or organization through which it performs transfer (obtaining) of assets, and type of goods and services, risk as the client and/or risk of service for implementation of revaluation of the preset levels of risks of clients";

add Item after the paragraph of the nineteenth with new paragraphs the twentieth and twenty first the following content:

"Instantly - the period which is determined/established from the moment of approach of the bases for implementation of the corresponding actions which are priority and are performed first of all, but no later than the next working day or the established time of the next working day;

immediately - the shortest time during the working day in which shall be performed (to occur) the corresponding actions, from the moment of approach of the bases for their implementation".

With respect thereto the twentieth - the forty first to consider paragraphs respectively paragraphs the twenty second - forty third;

to exclude the paragraph of the twenty second.

With respect thereto twenty third - forty third to consider paragraphs respectively paragraphs the twenty second - the forty second;

add Item after the paragraph of the twenty sixth with the new paragraph the twenty seventh the following content:

"Procedure - the accurate sequence of actions of certain process with indication of methods, forms, terms (terms) of application by employees of bank of these actions determined in internal documents of bank concerning implementation of financial monitoring".

With respect thereto paragraphs of the twenty seventh - to consider the forty second respectively paragraphs the twenty eighth - forty third;

to state the paragraph of the twenty eighth in the following edition:

"The strengthened monitoring of financial transactions of the client - action for identification, entering into the register and provision of information to Specially authorized body about financial transactions which are subject to internal financial monitoring according to article 16 of the Law, by the codes of signs determined by the Reference book of codes of signs of financial transactions which are subject to internal financial monitoring and financial transactions on tracking (monitoring) at the request of foreign state or Gosfinmonitoring, the provided appendix 3 to the Instruction for filling of forms of accounting and submission of the information connected with implementation of financial monitoring, approved by the order of the Ministry of Finance of Ukraine of April 26, 2013 No. 496, of Ukraine registered in the Ministry of Justice on May 24, 2013 for No. 805/23337 (further - the Instruction No. 496)";

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