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Ministry of Justice of Ukraine

July 27, 2016

No. 1047/29177

ORDER OF THE MINISTRY OF FINANCE OF UKRAINE

of July 8, 2016 No. 584

About approval of Criteria of risk of legalization (washing) of income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction

According to Article part three 6, to Article 11, of part one of article 16 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 determination of criteria of risk of legalization (washing) of income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction I order:

1. Approve Criteria of risk of legalization (washing) of income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction which are applied.

2. Declare invalid the order of the State committee of financial monitoring of Ukraine of August 3, 2010 No. 126 "About approval of Criteria of risk of legalization (washing) of income gained in the criminal way, or terrorism financings", registered in the Ministry of Justice of Ukraine on October 11, 2010 for No. 909/18204.

3. To department of tax, customs policy and methodology of financial accounting of the Ministry of Finance of Ukraine (Romaniuk Yu. P.) together with Department of coordination of system of financial monitoring of Public service of financial monitoring of Ukraine (Gajewski I. M.) 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.

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

5. To impose control of execution of this order on the deputy minister - the chief of staff of E.V.Kapinus and the First Deputy Chairman of Public service of financial monitoring of Ukraine Kovalchuk A. T.

Minister

A. Danilyuk

Approved by the Order of the Ministry of Finance of Ukraine of July 8, 2016 No. 584

Criteria of risk of legalization (washing) of income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction

I. General provisions

1. These Criteria are developed 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" (further - the Law) and for the purpose of accomplishment by subjects of primary financial monitoring of the legislation in the field of counteraction of legalization (washing) of income gained in the criminal way to financing of terrorism and financing of distribution of weapons of mass destruction on implementation of classification of the clients by them and identifications of the financial transactions having risk and can be subject to internal financial monitoring according to article 16 of the Law.

2. These Criteria are used in the activities by such subjects of primary financial monitoring (further - subjects):

banks, insurers (overcautious persons), insurance (reinsurance) brokers, credit unions, pawnshops and other financial institutions;

payment institutes, participants or members of payment service providers;

commodity and other exchanges which perform financial operations with goods;

professional participants of the stock market (security market);

operators of mail service, other organizations which perform financial operations on money transfer;

branches or representative offices of foreign business entities which provide financial services in the territory of Ukraine;

subjects of business activity which provide intermediary services, when implementing transactions on purchase and sale of real estate;

subjects of managing which perform cash trade by precious metals and gemstones and products from them if the amount of financial transaction on which it is carried out is equal or exceeds the amount determined by part one of article 15 of the Law;

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

notaries, lawyers, lawyer bureaus and associations, auditors, auditing firms, subjects of managing who provide services in financial accounting, subjects of managing which provide legal services (except for persons providing services within employment legal relationship), in cases, the stipulated in Article 8 Laws;

other legal entities who on the legal status are not financial institutions, but provide separate financial services.

3. Subjects develop own criteria of risk of legalization (washing) of income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction taking into account these Criteria, requirements and recommendations determined by subject of the state financial monitoring which exercises state regulation and supervision of activities of appropriate subject, and features of activities of the subject.

4. In these Criteria terms are used in the following values:

remote services - services which provide carrying out financial transactions without preliminary direct (personal) contact with the client;

criterion of risk - sign, the characteristic, parameters or their set on which the risk assessment is performed;

reliable sources - official means of disclosure of information (including Internet pages) the President of Ukraine, the Cabinet of Ministers of Ukraine, the Verkhovna Rada of Ukraine, the National Bank of Ukraine, the National commission performing state regulation in the field of the markets of financial services, the National commission on securities and the stock market, executive bodies of Ukraine, other countries, and also the international, intergovernmental organizations involved in the field of fight against legalization (washing) of income gained in the criminal way, financing of terrorism and financing of distribution of weapons of mass destruction;

personal contact - the public relations of persons which enter among themselves certain relations concerning property or the personal non-property rights;

risk assessment - the analysis of identification data of the client, other available data and customer information and its activities of which determination of risk level of legalization (washing) of income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction is result;

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