RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of May 12, 2015 No. 316

About application of sanctions against non-bank financial institutions

In pursuance of Articles 3, of 14, of Item 5 of the Section X 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 Articles 7, of 15, "About the National Bank of Ukraine" the Board of the National Bank of Ukraine decides 56 Laws of Ukraine:

1. Approve Regulations on application by the National Bank of Ukraine of sanctions for violation of the law concerning 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 which is applied.

2. Recognize invalid:

the resolution of Board of the National Bank of Ukraine of June 15, 2011 No. 192 "About approval of the Regulations on application by the National Bank of Ukraine of sanctions for violation of the law concerning prevention and counteraction of legalization (washing) of income gained in the criminal way, or to terrorism financing", registered in the Ministry of Justice of Ukraine on July 11, 2011 at No. 836/19574;

the resolution of Board of the National Bank of Ukraine of June 7, 2013 No. 213 "About modification of some regulatory legal acts of the National Bank of Ukraine", registered in the Ministry of Justice of Ukraine on July 2, 2013 at No. 1106/23638;

Item 2 of the resolution of Board of the National Bank of Ukraine of October 31, 2014 No. 696 "About modification of some regulatory legal acts of the National Bank of Ukraine".

3. To department of financial monitoring (Butkovskaya T. P.) to bring contents of this resolution to the attention of territorial administrations of the National Bank of Ukraine and to provide its placement on the page of Official Internet representative office of the National Bank of Ukraine.

4. To impose control over the implementation of this resolution on the First Deputy Chairman of the National Bank of Ukraine Pisaruk A. V.

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

Approved by the Resolution of Board of the National Bank of Ukraine of May 12, 2015 No. 316

Regulations on application by the National Bank of Ukraine of sanctions for violation of the law concerning 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

I. General provisions

1. This Provision is developed based on the Laws 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), "About the National Bank of Ukraine" and other legal acts of Ukraine.

Action of this Provision extends on non-bank financial resident organizations which are payment institutes and/or members or members of payment service providers, regarding provision of financial service in money transfer by them based on the corresponding licenses, including the National Bank of Ukraine (further - financial institutions), except operators of mail service regarding implementation of money transfer by them, state regulation and supervision of which 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 (further - in the sphere of prevention of legalization) performs the National Bank of Ukraine (further - National Bank).

2. This Provision determines procedure:

1) applications by National Bank to financial institutions of sanctions, the stipulated in Article 24 Laws (further - sanctions);

2) presentations by National Bank based on article 14 of the Law of requirements for accomplishment of the legislation by financial institution in the sphere of prevention of legalization (further - the written requirement);

3) implementation by National Bank of control and supervision of accomplishment by financial institutions of decisions on application to them National Bank of sanctions, written requirements.

The terms and concepts used in this Provision are used in the values given by the Law, other legal acts of Ukraine, regulatory legal acts of National Bank.

3. The decision on application to financial institutions of sanctions (further - the Decision) makes Board of National Bank (further - Board) or authorized body to which the Board delegated such powers (further - authorized body of National Bank).

4. Transfer to financial institution of copies of the Decision and the original of the written requirement is performed according to the procedure, established by this Provision / National Bank.

5. The National Bank for violation (non-execution / improper execution) financial institutions of requirements of the Law and/or the regulatory legal acts of National Bank regulating activities (implementation of cumulative or separate actions) in the sphere of prevention of legalization (further - regulatory legal acts) that were established as a result of checks (exit check, permanent supervision concerning financial monitoring), in the procedure established by this Provision applies to them sanctions within six months from the date of identification by National Bank, but not later than in three years from the date of violation making which treat:

1) penalties;

2) cancellation of the license for the right of implementation of certain types of activity of financial institution;

3) discharge of the official of financial institution from position.

6. Day of identification by National Bank of violation of the law and/or regulatory legal acts (further - day of detection) is date of creation:

1) certificates of exit check of financial institution (its separate division);

2) the act of results of remote supervision concerning financial monitoring of financial institution.

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