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Ministry of Justice of Ukraine

March 31, 2016

No. 481/28611

ORDER OF THE MINISTRY OF FINANCE OF UKRAINE

of January 26, 2016 No. 17

About approval of Criteria by which the Ministry of Finance of Ukraine estimates risk level of the subject of primary financial monitoring to be income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction used for the purpose of legalization (washing)

According to Items 1 and 3 of part two 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" and for the purpose of implementation by the Ministry of Finance of Ukraine of supervision of subjects of primary financial monitoring I order:

1. Approve Criteria by which the Ministry of Finance of Ukraine estimates risk level of the subject of primary financial monitoring to be income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction which are applied used for the purpose of legalization (washing).

2. To department of tax, customs policy and methodology of financial accounting of the Ministry of Finance of Ukraine (Romaniuk Yu. P.) 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.

3. This order becomes effective from the date of its official publication.

4. To impose control over the implementation of this order on the Deputy Minister of Finance of Ukraine Makeeva A. L.

Minister

N. Yaresko

Approved by the Order of the Ministry of Finance of Ukraine of January 26, 2016 No. 17

Criteria by which the Ministry of Finance of Ukraine estimates risk level of the subject of primary financial monitoring to be income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction used for the purpose of legalization (washing)

1. These Criteria by which the Ministry of Finance of Ukraine estimates risk level of the subject of primary financial monitoring to be income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction used for the purpose of legalization (washing) (further - Criteria), are developed according to requirements of Items 1 and 3 of part two 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" (further - the Law) for the purpose of forming of plans of checks of subjects of primary financial monitoring, state regulation and supervision of which activities is exercised by the Ministry of Finance of Ukraine (further - the Ministry of Finance).

2. Terms in these conditions are used in the values given in the Law.

3. Action of these Criteria extends to subjects of primary financial monitoring, state regulation and supervision of whom 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 the Ministry of Finance, namely:

subjects of managing which hold lotteries and gamblings, including casino, electronic (virtual) casinos;

subjects of managing which perform cash trade by precious metals and gemstones and products from them;

auditors, auditing firms, when carrying out audit and rendering services in financial accounting;

subjects of managing (physical persons entrepreneurs) providing services in financial accounting (except for persons providing services within employment legal relationship) (further - subjects).

4. Risks of subjects to be used 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 are estimated by the following criteria:

term of implementation by subjects of the activities;

availability of the facts of violations of the law 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;

availability of separate divisions (branches, other divisions of the company).

5. By results of assessment of subjects the low, average or high risk is established:

1) with low risk treat subjects, corresponding to all following criteria:

implementation by subjects of the activities more than five years;

absence within the last three years of the facts of violations of the law 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;

absence of separate divisions (branches);

2) with high risk treat subjects, corresponding to the following criteria:

implementation by subjects of the activities less than three years;

within the last year two and more violations of the law 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 are established;

the available more than three separate divisions (branches).

6. With average risk treat subjects such who cannot be carried neither to low, nor to high risk level.

7. The subjects having low risk level are checked not more often than once in three years.

The subjects having the average level of risk are checked not more often than once in two years.

The subjects having high risk level are checked not more often than once a year.

Director of the department of tax, customs policy and methodology of financial accounting

Yu. P. Romaniuk

 

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