THE ORDER OF THE NATIONAL COMMISSION PERFORMING STATE REGULATION IN THE SPHERE OF THE MARKETS OF FINANCIAL SERVICES OF UKRAINE

of October 13, 2015 No. 2481

About approval of Criteria by which the risk degree for subjects of primary financial monitoring, state regulation and supervision of which activities is exercised by Natskomfinuslug, is estimated

For the purpose of ensuring accomplishment of Item "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 Item 13 of the Regulations on the National commission performing state regulation in the sphere of the markets of financial services, No. approved by the Presidential decree of Ukraine of November 23, 2011 1070, the National commission performing state regulation in the sphere of the markets of financial services decided 3 parts two of article 14 of the Law of Ukraine:

1. Approve Criteria by which the risk degree for subjects of primary financial monitoring, state regulation and supervision of which activities exercises Natskomfinuslug who are applied, is estimated.

2. To provide to development department of the markets of financial services and international cooperation together with department of legal providing and maintaining the register of financial institutions submission of this order to the Ministry of Justice of Ukraine for state registration.

3. To provide to the sector of public relations and the protocol promulgation of this order after its state registration.

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

5. Control over the implementation of this order to assign to the member Natskomfinuslug Gurbich A. I.

Approved by the Order of the National commission performing state regulation in the sphere of the markets of financial services of Ukraine of October 13, 2015 No. 2481

Criteria by which the risk degree for subjects of primary financial monitoring, state regulation and supervision of which activities is exercised by Natskomfinuslug, is estimated

1. These Criteria are developed according to requirements of 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" (further - the Law), for the purpose of forming of plans of checks of subjects of primary financial monitoring, state regulation and supervision of which activities is exercised by the National commission performing state regulation in the sphere of the markets of financial services of Ukraine (Natskomfinuslug).

2. Terms in these Criteria are used in the values given in the Law.

3. Action of these Criteria extends to such subjects of primary financial monitoring (further - SPFM), powers on 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 performs Natskomfinuslug according to Item 3 parts one of article 14 of the Law.

4. Risks of SPFM which can be used in schemes of legalization (washing) of income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction are estimated by the following criteria:

the term of implementation of financial activities from the date of entering into the corresponding register which conducts Natskomfinuslug;

availability of the revealed 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;

availability of written information on signs of possible violation 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 weapons of mass destruction which needs check for establishment of availability of the corresponding violations;

5. By results of assessment of SPFM can belong to low, average or high risk level of use for the purpose of legalization (washing) of income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction (further - risk level).

5.1. SPFM corresponding to at the same time following criteria treat low risk level:

implementation of financial activities more than five years from the date of entering into the corresponding register which conducts Natskomfinuslug;

within the last three years lack of the elicited 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;

5.2. The subjects answering at least to one of the following criteria treat high risk:

implementation of economic activity up to two years from the date of entering into the corresponding register which conducts Natskomfinuslug;

within the last three years availability of two and more elicited facts of violation 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, responsibility for which is provided by paragraphs the second - the sixth parts three of article 24 of the Law;

within the last three years availability of written information on detection more than five facts having signs of possible violation of the law in the sphere of prevention and counteraction of legalization (washing) of the income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction requiring check for establishment of availability of the corresponding violations.

5.3. Subjects which do not concern neither to subjects with low risk level, nor subjects with high risk belong to SPFM with the average level of risk.

6. The subjects having low risk level join in the plan of checks not more often than once in three years.

The subjects having the average level of risk join in the plan of checks not more often than once in two years.

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