ORDER OF THE MINISTRY OF FINANCE OF UKRAINE

of January 26, 2016 No. 18

About approval of Criteria by which the risk degree of the subject of primary financial monitoring is estimated 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 Public service of financial monitoring of Ukraine of supervision of subjects of primary financial monitoring I order:

1. Approve Criteria by which the risk degree of the subject of primary financial monitoring is estimated 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. Declare invalid the order of the Ministry of Finance of Ukraine of March 05, 2012 No. 325 "About approval of Criteria by which the risk degree of the subject of primary financial monitoring is estimated to be income gained in the criminal way used for the purpose of legalization (washing), or terrorism financing", registered in the Ministry of Justice of Ukraine on March 22, 2012 on No. 435/20748.

3. To department of tax, customs policy and methodology of financial accounting of the Ministry of Finance of Ukraine (Romaniuk Yu. P.) and to Department of coordination of system of financial monitoring of Public service of financial monitoring of Ukraine (Gajewski I. M.) provide submission of this order in accordance with the established procedure on state registration in the Ministry of Justice of Ukraine.

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.

Approved by the Order of the Ministry of Finance of Ukraine of January 26, 2016 No. 18

Criteria by which the risk degree of the subject of primary financial monitoring is estimated 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 risk degree of the subject of primary financial monitoring is estimated 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 Public service of financial monitoring of Ukraine (further - Gosfinmonitoring).

2. Terms in these Criteria 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 Gosfinmonitoring, - subjects of business activity which provide intermediary services when implementing transactions on purchase and sale of real estate (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:

the term of implementation of activities for provision of intermediary services when implementing transactions in purchase and sale of real estate;

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 of activities for provision of intermediary services when implementing transactions in purchase and sale of real estate 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 of activities for provision of intermediary services when implementing transactions in purchase and sale of real estate 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 at least once in three years.

The subjects having the average level of risk are checked at least once in two years.

The subjects having high risk level are checked at least once a year.

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