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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of September 8, 2015 No. 693

About approval of the Procedure for provision by state bodies, state registrars on request of the subject of primary financial monitoring of customer information

(as amended of the Resolution of the Cabinet of Ministers of Ukraine of 10.05.2018 No. 343)

According to part six of article 9 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 Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for provision by state bodies, state registrars on request of the subject of primary financial monitoring of customer information which is applied.

2. Recognize invalid:

the resolution of the Cabinet of Ministers of Ukraine of August 25, 2010 No. 746 "About approval of the Procedure for provision by state bodies on request of the subject of primary financial monitoring of information on identification of the client" (The Official Bulletin of Ukraine, 2010, No. 65, the Art. 2260);

Item of 2 changes which are made to resolutions of the Cabinet of Ministers of Ukraine concerning activities of Public service of financial monitoring, approved by the resolution of the Cabinet of Ministers of Ukraine of February 7, 2011 No. 75 "About introduction of amendments to resolutions of the Cabinet of Ministers of Ukraine concerning activities of Public service of financial monitoring" (The Official Bulletin of Ukraine, 2011, No. 9, the Art. 419).

Prime Minister of Ukraine

A. Yatsenyuk

Approved by the Resolution of the Cabinet of Ministers of Ukraine of September 8, 2015 , No. 693

Procedure for provision by state bodies, state registrars on request of the subject of primary financial monitoring of customer information

1. This Procedure determines procedure for granting state bodies, the state registrars on request of the subject of primary financial monitoring (further - the subject) information concerning identification and/or necessary for customer research, refining of information on him or conducting profound check of the client (further - customer information).

2. In this Procedure terms are used in the value given in 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".

3. In case of doubts in reliability or completeness by provided client (the client's representative) of customer information the subject takes measures for conducting its profound check. At the same time the subject has the right to make to state bodies, the state registrars inquiry about provision of necessary information by them.

4. On the subject's request customer information is provided:

1) state bodies - Ministry of Justice, GFS, GMS and departments of state registration of acts of civil status;

2) state registrars.

5. The inquiry is sent by the subject by the location of the relevant state body, the state registrar in writing, signed by the head of the subject or person replacing it. The inquiry can be sent also electronically. The format of electronic interaction and form of provision of information are determined by state bodies according to requirements of the legislation for information security with limited access.

6. In request the bases for provision by state bodies, the state registrars of customer information, its list and the purpose of use of such information are specified. The copy of the certificate of the accounting identifier is attached to request.

In case of doubts in authenticity of the copy of the certificate of the accounting identifier state bodies, the state registrars no later than the next working day from receipt date of request address to Gosfinmonitoring concerning refining of information.

In that case Gosfinmonitoring provides the specified information within three working days from the date of receipt of request.

7. State bodies, the state registrars provide within 10 working days to the subject the customer information provided by parts nine - the nineteenth article 9 of the Law. The specified information is provided free of charge.

8. Letters of state bodies, state registrars with information provided on the subject's request shall contain:

number and initial date of request of the subject on which the answer is provided;

information which is requested by the subject and is within the competence of state body;

the bases for refusal in provision of customer information (in case of failure to provide such information).

9. The customer information arriving to the subject from state bodies, the state registrars are information with limited access and it is used only for the purpose of fulfillment 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.

10. The subject keeps the register of requests in state bodies, the state registrars which shall contain output details of request, surname, name and middle name (in the presence) of physical person or full name of the legal entity, information on which is requested, the bases for sending request and details of the letter of state body, state registrar with information which arrived in response to the subject's request.

State bodies, the state registrars keep in the procedure established by the legislation account of requests of subjects about provision of customer information in the separate register in which they are specified the accounting identifier of the subject, the entering request details, output details of the letter of response.

11. The request of the subject and information provided by state bodies, the state registrars according to requirements of this Procedure are information with limited access and is not subject to transfer to the third parties, except Gosfinmonitoring, appropriate subjects of the state financial monitoring and other state bodies in the cases provided by the law.

12. Subjects provide storage and use of customer information according to requirements of the legislation, prevention of unauthorized access and distribution of such information.

13. The subject bears responsibility according to the Law for violation of requirements of the legislation for storage of the customer information arriving from state bodies, the state registrars and its disclosure.

 

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