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

of March 17, 2016 No. 309

About approval of the Regulations on implementation of financial monitoring by professional participants of the security market

According to Item 13 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine" and in pursuance of requirements 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 National commission on securities and the stock market RESHILA:

1. Approve Regulations on implementation of financial monitoring by professional participants of the security market which are applied.

2. Recognize invalid:

the decision of the National commission on securities and the stock market of July 19, 2012 No. 995 "About approval of the Regulations on implementation of financial monitoring by professional participants of the security market", registered in the Ministry of Justice of Ukraine on August 8, 2012 under years No. 1346/21658 (with changes);

the decision of the National commission on securities and the stock market of July 19, 2012 No. 998 "About approval of the Procedure for suspension and renewal of carrying out financial transactions in the security market subjects of primary financial monitoring", registered in the Ministry of Justice of Ukraine on August 9, 2012 on No. 1354/21666.

3. To provide to department of control and legal work (A. Misyur):

submission of this decision on conducting 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.

4. And clerical works to provide to management of information technologies promulgation of this decision on the official website of the National commission on securities and the stock market (further - NKTsBFR).

5. (A. Zbarazhskaya) to provide to management of internal audit and communications publication of this decision in the official NKTsBFR printing publication.

6. This decision becomes effective from the date of its official publication.

7. To professional participants of the stock market (security market) to bring internal documents into accord with the Regulations on implementation of financial monitoring by professional participants of the security market approved by this decision within two months after entry into force.

8. Control over the implementation of this decision to assign to the member of NKTsBFR I. Nazarchuk.

Approved by the Decision of the National commission on securities and the stock market of Ukraine of March 17, 2016 No. 309

Regulations on implementation of financial monitoring by professional participants of the security market

I. General provisions

1. This Provision establishes general requirements NKTsBFR on the organization and carrying out primary financial monitoring by professional participants of the stock market (security market) (further - subjects of primary financial monitoring).

Action of this provision extends to subjects of primary financial monitoring of professional participants of the stock market (security market) and their separate divisions.

Action of this provision does not extend to banks/branches of foreign banks which perform professional activity in the security market (stock market).

2. In corporate investment funds the organization and carrying out primary financial monitoring are performed by the company on asset management.

3. The terms used in this Provision are applied in the values determined by 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. This Provision establishes general requirements in the relation:

1) appointments of the worker responsible for carrying out financial monitoring;

2) rules of financial monitoring and programs of its implementation;

3) training of personnel (workers) of the subject of primary financial monitoring on identification of the financial transactions which are subject to financial monitoring;

4) implementation of identification, verification of clients (representatives of clients), customer research and refining of customer information;

5) features of implementation of identification and verification of clients, nominee holders and clients of the nominee holder;

6) ensuring identification of the financial transactions which are subject to financial monitoring;

7) procedure for suspension and renewal of implementation of financial transactions by subjects of primary financial monitoring;

8) carrying out internal checks of activities of the subject of primary financial monitoring regarding compliance with 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.

II. Appointment of the worker responsible for carrying out financial monitoring

1. For the purpose of ensuring proper primary financial monitoring subjects of primary financial monitoring appoint the worker responsible for carrying out financial monitoring (further - the ranking officer).

2. The ranking officer heads and coordinates internal system 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 of the subject of primary financial monitoring.

3. The ranking officer is appointed to position at the level of management of the subject of primary financial monitoring, shall work in this subject of primary financial monitoring on principle place of employment and meet the following qualification requirements:

1) to be fluent in official language;

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