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Ministry of Justice of Ukraine

June 16, 2016

No. 871/29001

DECISION OF THE NATIONAL COMMISSION ON SECURITIES AND STOCK MARKET OF UKRAINE

of May 31, 2016 No. 617

About determination of criteria by which the risk of the subject of primary financial monitoring of the professional participant of the stock market (security market) is estimated to be income gained in the criminal way, financing of terrorism and financing of distribution of weapons of mass destruction used for washing

According to 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", considering Item 2 of the Section II of the Procedure for control of observance by professional participants of the stock market (security market) of requirements of 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 the weapons of mass destruction approved by the decision of the National commission on securities and the stock market of July 17, 2015 No. 1038, registered in the Ministry of Justice of Ukraine on August 6, 2015 for No. 955/27400, for the purpose of determination of criteria, on which the risk of the subject of primary financial monitoring is estimated - the professional participant of the stock market (security market) to be income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction the National commission on securities and the stock market RESHILA used for washing:

1. Determine the following criteria for evaluation of risk of the subject of primary financial monitoring - the professional participant of the stock market (security market) to be income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction used for washing:

type of professional activity in the stock market (security market);

duration (term) of implementation by the subject of primary financial monitoring of professional activity in the stock market (security market);

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;

execution of security transactions with participation of the nonresidents registered in the offshore zones determined by the order of the Cabinet of Ministers of Ukraine of February 23, 2011 No. 143-r "About the list of offshore zones";

the conclusion of contracts with the nonresidents taking place of registration (location) in the countries aggressors;

implementation of transactions with securities outside the organizer of stock market trading.

2. Carry to subjects of primary financial monitoring with high risk according to the criteria of such professional participants of the stock market (security market) determined in Item 1 of this decision:

dealers in securities, the dealers in securities combining activities with depository activity of depository institution, which:

perform professional activity in the stock market (security market) less than two years, or

within the last three years have the facts of violations of the law, including the facts of involvement of the certified specialists to the administrative responsibility, 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, found during the previous check and/or other action of control and for which sanctions according to the procedure were applied, established by the legislation, or

perform transactions on purchase and sale of securities in which the nonresidents registered in the offshore zones determined by the order of the Cabinet of Ministers of Ukraine of February 23, 2011 No. 143-r "About the list of offshore zones" out of the organizer of stock market trading on the amount equal or the exceeding 150 thousand hryvnias act as the party either equals or exceeds the foreign currency amount equivalent to 150 thousand hryvnias, or

perform the conclusion of contracts with the nonresidents taking place of registration (location) in the countries aggressors or

perform transactions on purchase and sale of securities outside the organizer of stock market trading on the amount equal or exceeding 1 billion hryvnias either equals or exceeds the foreign currency amount equivalent to 1 billion hryvnias for the previous calendar year.

3. Carry to subjects of primary financial monitoring with insignificant risk according to the criteria of such professional participants of the security market determined in Item 1 of this decision:

dealers in securities, the dealers in securities combining activities with depository activity of depository institution (regarding activities for the securities trading) who perform professional activity in the stock market (security market) more than five years and within the last three years have no facts of violations of the law, including the facts of involvement of the certified specialists to the administrative responsibility, 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.

4. Carry to subjects of primary financial monitoring with insignificant risk of also professional participants of the stock market (security market) who obtained the license for implementation of professional activity in the stock market: depository activity and activities for the organization of stock market trading.

5. Professional participants of the stock market (security market) who do not treat subjects of primary financial monitoring with high risk, subjects of primary financial monitoring with insignificant risk treat subjects of primary financial monitoring with average risk.

6. Declare invalid the decision of the National commission on securities and the stock market of December 25, 2012 No. 1851 "About determination of criteria by which the risk of the subject of primary financial monitoring of the professional participant of the security market is estimated to be income gained in the criminal way used for washing, or terrorism financing", registered in the Ministry of Justice of Ukraine on January 21, 2013 for No. 150/22682 (with changes).

7. To provide to department of control and legal work (R. Mashurenko):

submission of this decision on implementation of legal examination on compliance of the Convention on human rights protection and fundamental freedoms in the Secretariat of the Government representative for cases of the European Court of Human Rights of the Ministry of Justice of Ukraine;

submission of this decision on state registration in the Ministry of Justice of Ukraine.

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