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Ministry of Justice of Ukraine

July 27, 2015

No. 900/27345

ORDER OF THE MINISTRY OF FINANCE OF UKRAINE

of July 8, 2015 No. 628

About approval of the Procedure for approval of Public service of financial monitoring of Ukraine by subjects of primary financial monitoring of terms of provision of the queried information

According to Item 12 parts two of article 6 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" and for the purpose of determination of procedure for approval of Public service of financial monitoring of Ukraine by subjects of primary financial monitoring of terms of provision of the queried information of PRIKAZYVAYU:

1. Approve the Procedure for approval of Public service of financial monitoring of Ukraine by subjects of primary financial monitoring of terms of provision of the queried information which is applied.

2. Declare invalid the order of the Ministry of Finance of Ukraine of July 12, 2013 No. 641 "About approval of the Procedure for approval of Public service of financial monitoring of Ukraine by subjects of primary financial monitoring of terms of provision of the queried information", registered in the Ministry of Justice of Ukraine on August 2, 2013 in case of No. 1302/23834.

3. To department of tax, customs policy, income, administrations of payments 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.) to provide submission of this order in accordance with the established procedure on state registration in the Ministry of Justice of Ukraine.

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 Makeeva A. L. and vice-chairman of Public service of financial monitoring of Ukraine Zubriya V.P.

Minister

N. Yaresko

 

Approved by the Order of the Ministry of Finance of Ukraine of July 8, 2015, No. 628

Procedure for approval of Public service of financial monitoring of Ukraine by subjects of primary financial monitoring of terms of provision of the queried information

I. General provisions

1. This Procedure developed for the purpose of realization of Item 12 parts two of article 6 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" (further - the Law), establishes reconciliation procedure by subjects of primary financial monitoring (further - subjects), except specially certain, with Public service of financial monitoring of Ukraine (further - Gosfinmonitoring) terms of provision of the queried information in case of impossibility to provide with subjects adherence to deadlines, 10 parts two of article 6 of the Law established by Items 9,, for the objective reasons.

2. In this Procedure terms are used in such value:

request - Gosfinmonitoring request to the subject about provision of information according to Items 9, 10 parts two of article 6 of the Law;

the statement - the documentary address of the subject on increase in term of provision of the queried information;

the objective reasons - circumstances which do not give the chance to subjects to provide adherence to deadlines, established by the Law for information representation on Gosfinmonitoring request, namely: the considerable information volume which is requested, need of copying or scanning of large number of documents, receiving data from archives, information representation in paper form and so forth.

Other terms are used in the values given in the Law.

II. Procedure for giving by the subject to Gosfinmonitoring of statements for increase in terms of provision of the queried information

1. If the subject has no opportunity to provide for the objective reasons adherence to deadlines, 10 parts two of article 6 of the Law established by Items 9, (except for the subitem "an" of Item 9 parts two of article 6 of the Law), he submits the application to Gosfinmonitoring.

The application is submitted to Gosfinmonitoring no later than 14 hours of the second working day from the date of receipt of request by the subject.

2. Applications are submitted by subjects to Gosfinmonitoring as follows:

1) subjects - banks (branches of foreign banks) - in electronic form means of e-mail of the National Bank of Ukraine (further - the EDS of the NBU) on the e-mail address of Gosfinmonitoring sdfm @ u0qm, and in case of the situations resulting in impossibility of giving to Gosfinmonitoring statements in electronic form means of the EDS of the NBU - the registered mail with the assurance of receipt or by means of express or courier communication.

Date and time of receipt of the statement by Gosfinmonitoring date and arrival time of the statement on node of the EDS system of the NBU of Gosfinmonitoring, and in case of the direction of the statement the registered mail with the assurance of receipt or by means of express or courier communication - Gosfinmonitoring mark about time and the date of receipt of the statement from bank (branch of foreign bank) is;

2) subjects - non-bank financial institutions, insurance (reinsurance) brokers:

means of fax connection according to number specified in request with the subsequent direction to Gosfinmonitoring the original of the statement the registered mail with the notification on its delivery. Date and time of receipt of the statement by Gosfinmonitoring date and time which are specified in the report on sending the fax are considered; or

by e-mail to the address zayava@sdfm.gov.ua with the subsequent direction to Gosfinmonitoring the original of the statement the registered mail with the notification on its delivery. Date and time of receipt of the statement by Gosfinmonitoring from non-bank financial institution, insurance (reinsurance) the broker are determined based on technological protocols of work of e-mail of Gosfinmonitoring; or

in case of the situations resulting in impossibility of giving to Gosfinmonitoring statements means of fax connection or by e-mail - the registered mail with the assurance of receipt or by means of express or courier communication. Date and time of receipt of the statement from the subject - non-bank financial institution, insurance (reinsurance) the broker Gosfinmonitoring mark about time and date of its obtaining is considered.

3. In the statement there shall be such information:

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