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The document ceased to be valid since  July 30, 2020 according to Item 3 of the Resolution of Board of the National Bank of Ukraine of  July 28, 2020 No. 107

RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of September 15, 2016 No. 388

About approval of the Regulations on implementation of financial monitoring by non-bank financial institutions regarding provision by them of financial service in money transfer

(as amended of the Resolution of Board of the National Bank of Ukraine of 17.04.2018 No. 43)

For the purpose of ensuring implementation 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" according to to Articles 7, 15, 55, 56 Laws of Ukraine "About the National Bank of Ukraine", article 21 of the Law of Ukraine "About financial services and state regulation of the markets of financial services" the Board of the National Bank of Ukraine decides:

1. Approve Regulations on implementation of financial monitoring by non-bank financial institutions regarding provision of financial service in money transfer which is applied by them.

2. To department of financial monitoring (I.V. Birch) bring contents of this resolution to the attention of non-bank financial institutions of the residents which are payment institutes and/or members or members of payment service providers regarding provision by them of financial service in money transfer based on the corresponding licenses, in particular the National Bank of Ukraine for accomplishment and use in work.

3. To impose control over the implementation of this resolution on the acting as the vice-chairman of the National Bank of Ukraine Rozhkova K. V.

4. The resolution becomes effective from the date of, its official publication following behind day.

Chairman

V. A. Hontareva

Approved by the Resolution of Board of the National Bank of Ukraine of September 15, 2016 No. 388

Regulations on implementation of financial monitoring by non-bank financial institutions regarding provision by them of financial service in money transfer

I. General provisions

1. This Provision is developed according to the Laws of Ukraine "About the National Bank of Ukraine", "About payment systems and money transfer in Ukraine", "About financial services and state regulation of the markets of financial services", "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" for the purpose of prevention of use of the non-bank financial resident organizations which are payment institutes and/or members/members of payment service providers regarding provision by them of financial service in money transfer based on the corresponding licenses, including the National Bank of Ukraine (except operators of mail service regarding implementation of money transfer by them) (further non-bank financial institution) for legalization (washing) of income gained in the criminal way financings of terrorism and financing of distribution of weapons of mass destruction (further - prevention and counteraction of legalization of the criminal income / to terrorism financing).

Requirements of this Provision extend to non-bank financial institutions.

2. In this Provision terms and concepts are used in the following values:

1) the analysis of financial transactions - complex of the actions established by internal documents of non-bank financial institution concerning monitoring of financial transactions which carrying out allows to reveal risk financial transactions to draw conclusion on compliance/discrepancy of such financial transactions to financial condition of the client and/or content of its activities and it is directed to identification of the financial transactions which are subject to financial monitoring, identification of their regularity, including crushing of the amounts on which financial transactions in order to avoid the requirements and restrictions provided by the bank, foreign exchange legislation, the legislation in the sphere of prevention and counteraction of legalization of the criminal income / to terrorism financing are performed;

2) studying of financial activities of the client - carrying out comparative information analysis, received when implementing the analysis of financial transactions of this client, information obtained in case of installation of the business relations which are drawn up in writing (including in the course of refining of information on questions of identification, content of activities, financial condition), and information obtained for holding time for previous period (in particular quarter, half-year), for the purpose of revaluation of risk level of the client;

3) the ranking officer of non-bank financial institution - the employee of non-bank financial institution responsible for carrying out financial monitoring in non-bank financial institution;

4) internal documents of non-bank financial institution concerning financial monitoring (further - internal documents) - rules, programs, techniques and/or other documents regulating implementation of financial monitoring of financial transactions on money transfer by means of payment systems and observance of recommendations of Group on development of financial measures of anti-money laundering (FATF) which shall be approved as his head / relevant organ of management of non-bank financial institution according to requirements of the legislation of Ukraine, including this provision;

5) crushing of the amounts - artificial structurization (division) of the amount of financial transaction which extreme amount is determined by the relevant requirements and restrictions provided by the bank, foreign exchange legislation, the legislation in the sphere of prevention and counteraction of legalization of the criminal income / to terrorism financing on slightly financial transactions connected among themselves performed on the smaller amounts;

6) the considerable amount - the amount of means on which financial transaction which is equal is performed or exceeds 150000 hryvnias or is equal or exceeds foreign currency amount, other assets, equivalent on the official rate of hryvnia to foreign currencies and bank metals of 150000 hryvnias;

7) the partner - person, being the second party of financial transaction (the non-bank financial institution can be the partner), on which between the client and the partner there is transfer of assets;

8) monitoring of risks of clients - process of tracking of criteria of risks of clients by results of customer research which is carried out for the purpose of timely identification of changes of customer risk, including taking into account implementation by them of the risk financial transactions which are subject to financial monitoring, their regularity, crushing of the amounts on which financial transactions, etc., for implementation of revaluation of the preset levels of risks of clients are performed;

9) instantly - the period which is determined/established from the moment of approach of the bases for implementation of the corresponding actions which are priority and are performed first of all, but no later than the next working day or the established time of the next working day;

10) immediately - the shortest possible time during the working day in which shall be performed (to occur) the corresponding actions, from the moment of approach of the bases for their implementation;

11) the source document - the document containing obligatory details [name/surname, name, middle name of person (legal or physical) who constituted the document, the name of the document, date and the place of creation, content and amount of financial transaction, unit of its measurement, the personal or digital signature or other data allowing to identify person - the initiator of carrying out transaction; the name/surname, name, middle name of the receiver of means, number(s) of the account (ov) (in the presence)] is also the basis for reflection of financial transaction in system of automation of non-bank financial institution;

12) procedure - the accurate sequence of actions of certain process with indication of methods, forms, terms (terms) of acceptance by employees of non-bank financial institution of these actions determined in internal documents;

13) public figures are persons who 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) are national, foreign public figures, figures who perform political functions in the international organizations;

14) one-time financial transaction on the considerable amount - carrying out financial transaction with cash on the considerable amount without opening of customer account;

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