RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of November 25, 2015 No. 966

About approval of the Procedure for forming of the list of the faces tied with implementation of terrorist activities or concerning which the international sanctions are applied

According to part seven of article 17 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:

1. Approve the Procedure for forming of the list of the faces tied with implementation of terrorist activities or concerning which the international sanctions which is applied are applied.

2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of November 25, 2015 , No. 966

Procedure for forming of the list of the faces tied with implementation of terrorist activities or concerning which the international sanctions are applied

1. This Procedure determines the mechanism of forming of the list of the faces tied with implementation of terrorist activities or concerning which the international sanctions are applied (further - the list).

2. The bases for entering of legal entity or physical person by Gosfinmonitoring into the list are:

1) the court verdict which took legal effect about recognition of physical person guilty of making of the crimes provided by Articles 258 - 258-5, 439 and 440 Criminal codes of Ukraine, the judgment about reference (recognition) of the organization, legal entity or physical person to it (such) that are connected with implementation of terrorist activities or distribution of weapons of mass destruction;

2) the data created by the international organizations or bodies authorized by them on the organizations, legal entities and physical persons connected with the terrorist organizations or terrorists and also about persons to whom the international sanctions are applied;

3) sentences (decisions) of courts, decisions of other competent authorities of foreign states concerning the organizations, legal entities or physical persons connected with implementation of terrorist activities or distribution of weapons of mass destruction are recognized Ukraine according to international treaties of Ukraine.

3. The list is created based on data (documents) determined by Item 2 presents of the Procedure and contains the following information:

1) concerning citizens of Ukraine - surname, name and middle name, birth date, series and passport number or other identity document, date of issue and the name of body which issued them, the location and/or accommodation registration number of accounting card of the taxpayer or series and passport number (for physical persons which on the religious beliefs refuse adoption of registration number of accounting card of the taxpayer and officially notified on it the relevant monitoring body and have mark in the passport), and concerning the citizens of Ukraine registered as physical persons - entrepreneurs - also (in the presence) bank details in which the account, and bank account number is opened;

2) for legal resident persons - full name, the location, identification code according to EGRPOU, bank details in which the account, and bank account number is opened;

3) concerning foreigners and physical persons without nationality - surname, name and in the presence middle name, in the presence nationality or citizenship, birth date, series and passport number or other identity document, date of issue and the name of body which issued it, the location and/or permanent or temporary residence;

4) concerning legal nonresident persons - full name, the location, bank details in which the account, bank account number is opened.

4. The list is brought to the attention of subjects of primary financial monitoring by Gosfinmonitoring according to the procedure, determined by the Ministry of Finance and approved with other subjects of the state financial monitoring which 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" perform functions of state regulation and supervision of subjects of primary financial monitoring.

5. Information, the stipulated in Item 3 presents of the Procedure, moves the courier or the MFA - subitems 2 and 3 of Item 2 presents of the Procedure goes the registered mail with observance of the rules excluding unauthorized access to it, the SSU to Gosfinmonitoring in the presence of the bases, determined by the subitem of 1 Item 2 presents of the Procedure, and.

Specified in Items 2 and 3 of this Procedure for the data (documents) and information go to Gosfinmonitoring not later than within five working days from the date of receipt of the data necessary for inclusion of legal entity or physical person in the list.

Receives the data provided by the subitem 2 Items 2 presents of the Procedure, Gosfinmonitoring from the official site of the UN and from the MFA.

6. Forming of the list or entering of changes into it is performed by Gosfinmonitoring within three working days from the date of receipt of data (documents) and information specified in Items 2 and 3 of this Procedure.

7. In case of inclusion of legal entity or physical person in the list Gosfinmonitoring carries instantly out the analysis of the available information on financial transactions of such person which became object of financial monitoring, and also data of single state information system in the field of prevention and counteraction of legalization (washing) of income gained in the criminal way or to financing of terrorism regarding establishment of data on assets of the legal entity or physical person included in the list.

In case of identification of assets of the legal entity or physical person included in the list, Gosfinmonitoring instantly gives to the SSU the generalized materials for acceptance in the presence of the corresponding bases of measures to seizure of property (deposits) of such person.

8. The basis for exception of legal entity or physical person of the list is:

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