ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of July 31, 2017 No. 913

About approval of Rules of submission by legal entities of information on the beneficial owners and the taken measures for establishment concerning the beneficial owners of the data provided by the Federal Law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing" on requests of authorized bodies of the government

According to Item 6 of article 6.1 of the Federal law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing" Government of the Russian Federation decides:

1. Approve the enclosed Rules of submission by legal entities of information on the beneficial owners and the taken measures for establishment concerning the beneficial owners of the data provided by the Federal Law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing" on requests of authorized bodies of the government.

2. To provide to the Federal Tax Service and Federal Service for Financial Monitoring development and approval of the legal acts directed to implementation of this resolution within 180 days from the date of its entry into force.

Approved by the Order of the Government of the Russian Federation of July 31, 2017 No. 913

Rules of submission by legal entities of information on the beneficial owners and the taken measures for establishment concerning the beneficial owners of the data provided by the Federal Law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing" on requests of authorized bodies of the government

1. These rules establish procedure and terms of submission by legal entities of information on the beneficial owners and the taken measures for establishment concerning the beneficial owners of data, stipulated in Item the 6th article 6.1 of the Federal law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing", on requests of the Federal Tax Service (its territorial authorities), Federal Service for Financial Monitoring (its territorial authorities) and the Ministry of Justice of the Russian Federation (its territorial authorities) (further - authorized bodies of the government).

The requirements of these rules concerning the legal entities registered in accordance with the legislation of the Russian Federation extend on the foreign legal entities and foreign structures without formation of legal entity performing the activities in the territory of the Russian Federation taking into account the features provided by these rules.

2. Legal entities provide documentary confirmed information on the beneficial owners or about the taken measures for establishment on the beneficial owners of the data provided by the paragraph the second the subitem 1 of Item 1 of article 7 of the Federal law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing" (further - the information about beneficial owners), on the inquiries of authorized bodies of the government sent electronically by telecommunication channels the operators of electronic document management conforming to the requirements approved by federal executive body, the representative for control and supervision in the sphere of taxes and fees (further respectively - operators, requests), or on paper.

In case of the direction of requests and receipt of answers to them electronically the Federal Service for Financial Monitoring and the Ministry of Justice of the Russian Federation use information and technological and communication infrastructure of the Federal Tax Service.

The order of interaction of the Federal Tax Service with Federal Service for Financial Monitoring in case of the direction Federal Service for Financial Monitoring to legal entities of requests electronically for submission of information about beneficial owners and receipt of replies to the requests by Federal Service for Financial Monitoring with use of information and technological and communication infrastructure of the Federal Tax Service is determined by the order of the Federal Tax Service in coordination with Federal Service for Financial Monitoring.

The order of interaction of the Federal Tax Service with the Ministry of Justice of the Russian Federation in case of the direction the Ministry of Justice of the Russian Federation to legal entities of requests electronically for submission of information about beneficial owners and receipt of replies to the requests by the Ministry of Justice of the Russian Federation with use of information and technological and communication infrastructure of the Federal Tax Service is determined by the order of the Federal Tax Service in coordination with the Ministry of Justice of the Russian Federation.

3. Requests are electronically created in case of compulsory use of the certified means of the strengthened qualified digital signature.

The requests on paper sent to foreign legal entities and foreign structures without formation of legal entity are constituted in Russian with the obligatory translation into English or language of the state (territory) in which it is registered the foreign legal entity, foreign structure without formation of legal entity (is incorporated).

Requests are signed by the head (deputy manager) of the Federal Tax Service, the chief of structural division of the Federal Tax Service, the head (deputy manager) of its territorial authority. The officials determined by the order of Federal Service for Financial Monitoring have the right to sign requests of Federal Service for Financial Monitoring and its territorial authorities. The officials determined by the order of the Ministry of Justice of the Russian Federation have the right to sign requests of the Ministry of Justice of the Russian Federation and its territorial authorities.

4. In case of receipt of request the legal entity represents the information about beneficial owners within 7 working days from the date of receipt of request. The information about beneficial owners is represented as of the date specified in request.

In case of detection by the legal entity of incompleteness, inaccuracies or mistakes in earlier provided information about beneficial owners the legal entity no later than 5 working days from the date of their detection repeatedly directs the modified data according to the procedure, provided by these rules.

5. In case of reply to the request electronically the legal entity represents to authorized body of the government of the information about beneficial owners electronically (further - the electronic message) to one of the following methods:

a) on telecommunication channels through the operator;

b) on the optical or digital data carrier with appendix of the cover letter on paper.

6. The electronic message is signed by the strengthened qualified digital signature of the head of the legal entity (the other person, the representative to act on behalf of the legal entity).

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