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Ministry of Justice

Russian Federation

On August 10, 2015 No. 38436


of July 15, 2015 No. 3730-U

About procedure for informing financial monitoring by authorized bank of body on refusal in carrying out transaction, about carrying out earlier suspended transaction on the separate account opened for the head contractor, the contractor for implementation of payment under the state defensive order

Based on the Federal Law of December 29, 2012 No. 275-FZ "About the state defensive order" (The Russian Federation Code, 2012, No. 53, Art. 7600; 2013, No. 52, Art. 6961; 2015, No. 27, the Art. 3950) (further - the Federal Law No. 275-FZ) 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, Art. 6154; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 37; No. 27, of the Art. 3958, of the Art. 4001) the Bank of Russia establishes procedure for informing financial monitoring by authorized bank of body on refusal in acceptance to execution of orders about making of transactions which making is not allowed according to articles 8.3 and 8.4 of the Federal Law No. 275-FZ (further - the forbidden transaction), about carrying out earlier suspended transaction, about refusal in carrying out earlier suspended transaction.

1. The concepts used in this Specifying are applied in the values determined by the Federal Law No. 275-FZ and the Provision of the Bank of Russia of August 29, 2008 No. 321-P "About procedure for submission by credit institutions to authorized body of the data provided by the Federal Law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing" the registered Ministry of Justice of the Russian Federation on September 16, 2008 No. 12296, on August 24, 2012 No. 25258, on November 15, 2012 No. 25814, on May 30, 2013 No. 28581, on September 3, 2014 No. 33957, on December 24, 2014 No. 35374 ("the Bulletin of the Bank of Russia" of September 26, 2008 No. 54, of September 12, 2012 No. 54, of November 21, 2012 No. 66, of June 5, 2013 No. 31, of September 12, 2014 No. 82, of January 21, 2015 No. 1) (further - the Provision of the Bank of Russia No. 321-P).

2. Information on refusal cases in carrying out the forbidden transaction, carrying out earlier suspended transaction, refusal in carrying out earlier suspended transaction goes authorized bank to body of financial monitoring no later than the working day following behind day of making of the specified actions.

3. Information transfer, specified in Item 2 presents of Specifying, is performed in report form in the form of the electronic message (further - OES) according to the procedure, similar to the procedure established by the Provision of the Bank of Russia No. 321-P taking into account the features established by this Specifying.

Each OES is supplied with authentication code (further - KA) authorized bank and ciphered by authorized bank with use of key of the enciphering received and applied to exchange of information with body of financial monitoring.

Indicators of OES shall correspond to the list and the description given in appendix to this Specifying.

4. The authorized bank by means of the program archiver creates the archival file of OES created during the working day. The archival file is supplied with code of authentication of KA of authorized bank.

The authorized bank sends the archival file in the same working day when it was created, till 16 o'clock local time on communication channels or on the magnetic, optical or digital carrier with the cover letter in territorial office of the Bank of Russia in the territory of which the authorized bank is located (further - territorial office), for subsequent delivery of OES included in the archival file through Department of information technologies of the Bank of Russia (further - DIT of the Bank of Russia) to body of financial monitoring.

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