of August 5, 2015 No. 552
Some questions of the organization of financial monitoring
According to Item of 1 part two of Article 6, 12, to Article 13, parts five 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" the Cabinet of Ministers of Ukraine decides Article parts one:
1. Approve enclosed:
Procedure for submission of information for registration (removal from accounting) of subjects of primary financial monitoring, identification and registration, and also representation by subjects of primary financial monitoring to Public service of financial monitoring of information on the financial transactions which are subject to financial monitoring, other information 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;
2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.
Prime Minister of Ukraine
A. P. Yatsenyuk
Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 5, 2015 , No. 552
1. This Procedure determines procedure for granting subjects of primary financial monitoring (further - subjects) to Gosfinmonitoring according to 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) information necessary for their statement on accounting as subjects and removal from accounting, and also identification, registration, representation by subjects to Gosfinmonitoring of information on the financial transactions which are subject to financial monitoring, other information 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.
2. Action of this Procedure extends to all subjects and their separate divisions (except subjects concerning which the National Bank according to article 14 of the Law performs functions on state regulation and supervision).
3. In this Procedure terms are used in the value given in the Law.
4. Any information moves the subject to Gosfinmonitoring in paper form by the direction by mail with the assurance of receipt of the mailing or delivery on receipt or in electronic form.
If the subject submits information to Gosfinmonitoring in paper form, confirmation of observance of the terms of submission of such information provided by the Law by it is availability at the subject of the document issued by the operator of mail service, confirming the fact of transfer of the relevant information with the assurance of receipt post sendings or marks of Gosfinmonitoring on receipt of information.
The subject provides information on the addresses determined by the Ministry of Finance.
Data representation forms, messages on results of its processing, formats, details of files of exchange of information and procedure for their filling are established by the Ministry of Finance.
Information (copies or the second copies of forms and the copy of files) provided by the subject, the received message on results of its processing, the documents confirming the fact of submission of information to Gosfinmonitoring remain the subject at least five years.
5. Subjects (except specially certain subjects) shall get registered in Gosfinmonitoring as subjects within three working days from the date of appointment of the worker responsible for carrying out financial monitoring (further - the ranking officer), but no later than day of carrying out the first financial transaction (date of establishment of business relations with the client) by giving to Gosfinmonitoring of information necessary for its statement on accounting.
Specially certain subjects shall get registered in Gosfinmonitoring as subjects no later than day of establishment of business relations with the client (carrying out financial transaction) in the cases determined by article 8 of the Law.
6. Information necessary for capture of the subject on accounting, moves in paper form and shall contain data on registration of the subject, its location, the ranking officer, person who will temporarily fulfill duties of the ranking officer in case of its absence (in case of appointment of such person), and also separate divisions of the subject in case of their availability.
7. Information on the activities termination necessary for removal of the subject from accounting moves in paper form and shall contain the activities termination reasons. In case of the termination of activities of separate divisions the subject gives the relevant information for removal them from accounting.
Information on the termination of activities goes the subject to Gosfinmonitoring no later than three working days from the date of approach of the corresponding event, in particular:
completion of the procedure of liquidation of the subject with entering of record about it into the Unified State Register of Legal Entities and physical persons - entrepreneurs;
deprivations of the subject of licenses (permissions) appropriate subject of the state financial monitoring (other state body);
the subject, in particular shareholder meeting of the subject, make the decision on the activities termination in case after its acceptance the subject does not perform financial operations.
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