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Ministry of Justice of Ukraine

November 16, 2015

No. 1434/27879

ORDER OF THE MINISTRY OF FINANCE OF UKRAINE

of October 27, 2015 No. 950

About approval of the Regulations on the procedure of application of measures of restraint concerning the states which do not carry out or inadequate image implement recommendations of the international, intergovernmental organizations involved in the sphere of fight against legalization (washing) of income gained in the criminal way, or financing of terrorism and financing of distribution of weapons of mass destruction

According to part five of article 14 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" I order:

1. Approve Regulations on the procedure of application of measures of restraint concerning the states which do not carry out or in an inadequate way implement recommendations of the international, intergovernmental organizations involved in the sphere of fight against legalization (washing) of income gained in the criminal way, or financing of terrorism and financing of distribution of weapons of mass destruction which are applied.

2. Recognize invalid orders of the Ministry of Finance of Ukraine:

of March 11, 2011 No. 338 "About the procedure of application of measures of restraint concerning the countries which do not carry out or inadequate image implement recommendations of the international, intergovernmental organizations", registered in the Ministry of Justice of Ukraine on March 29, 2011 on No. 415/19153;

of January 17, 2012 No. 24 "About the procedure of application of preventive measures concerning the countries which do not carry out or inadequate image implement recommendations of the international, intergovernmental organizations", registered in the Ministry of Justice of Ukraine on February 2, 2012 at No. 162/20475.

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

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 Makeeva A. L. and First Deputy Chairman of Public service of financial monitoring of Ukraine Kovalchuk A. T.

Minister

N. Yaresko

 

Approved by the Order of the Ministry of Finance of Ukraine of October 27, 2015 No. 950

Regulations on the procedure of application of measures of restraint concerning the states which do not carry out or inadequate image implement recommendations of the international, intergovernmental organizations involved in the sphere of fight against legalization (washing) of income gained in the criminal way, or financing of terrorism and financing of distribution of weapons of mass destruction

1. This Provision determines the procedure of application of measures by subjects of primary financial monitoring to the states which do not carry out or in an inadequate way implement recommendations of the international, intergovernmental organizations involved in the sphere of fight against legalization (washing) of income gained in the criminal way, or financing of terrorism and financing of distribution of weapons of mass destruction (further - the risk countries), and to clients from such states.

2. Action of this provision extends on:

subjects of primary financial monitoring, state regulation and supervision of which activities in the sphere of 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 performs the Ministry of Finance of Ukraine (further - the Ministry of Finance), namely: about subjects of managing which hold lotteries or any other gamblings, subjects of managing which perform trade in precious metals and gemstones and products from them, auditors, auditing firms, physical persons - entrepreneurs who provide services on accounting accounting;

subjects of primary financial monitoring, state regulation and supervision of which activities in the sphere of 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 is performed by Public service of financial monitoring of Ukraine (further - Gosfinmonitoring), namely: concerning subjects of business activity which provide intermediary services when implementing transactions on purchase and sale of real estate.

3. The terms used in this Provision are used in the values given in 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).

4. Implementation of actions, stipulated by the legislation in the sphere of 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 is provided directly with the subject of primary financial monitoring, its branches, other separate divisions and affiliated enterprises, including those that are located in the risk states, in the limits determined by the legislation of this state.

The subject of primary financial monitoring of the branches, other separate divisions and affiliated enterprises located in the risk states shall carry out assessment of measures of counteraction to washing of the means and to financing of terrorism performed in such states.

If implementation of the specified measures is not allowed by the legislation of such risk country, subjects of primary financial monitoring, state regulation and supervision of which activities in the sphere of 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 performs the Ministry of Finance, shall report the Ministry of Finance; subjects of primary financial monitoring, state regulation and supervision of which activities in the sphere of 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 performs Gosfinmonitoring, shall report Gosfinmonitoring about adequate measures of precaution, subjects will use for restriction of risks of activities of branches, other separate divisions and affiliated enterprises for the purpose of legalization (washing) of income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction.

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