On Introducing Changes And Additions Into The Legislative Acts Of The Russian Federation In Connection With Adoption Of The Federal Law "on Counteracting The Legalization (Laundering) Of Proceeds Received By Criminal Way"

Original Language Title: О внесении изменений и дополнений в законодательные акты Российской Федерации в связи с принятием Федерального закона "О противодействии легализации (отмыванию) доходов, полученных преступным путем"

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RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to legislation of the Russian Federation in connection with adoption of the Federal law "on counteracting the legalization (laundering) of income obtained by criminal means" adopted by the State Duma July 14, 2001 year approved by the Federation Council July 20, 2001 year Article 1. Amend the Penal Code of the Russian Federation (collection of laws of the Russian Federation, 1996, no. 25, text 2954; 1998, N 26, art. 3012; 1999, N 28, art. 3491) the following amendments and supplements: 1. Article 174 shall be amended as follows: "article 174. Legalization (laundering) of money or other property acquired by criminal means others 1. Commit a large amount of financial transactions and other transactions with funds or other assets knowingly acquired by other persons (with the exception of the offences referred to in articles 193, 194, 198 and 199 of this code), in order to give legitimate kinds of possession, use and disposition of specified funds or other assets shall be punishable by a fine amounting to between 500 and 700 times the minimum wage or the equivalent of the salary or other income of the convicted person for a period of five to seven months or by deprivation of liberty for up to four years and a fine of up to 100 times the minimum wage or the equivalent of the salary or other income of the convicted person for a period up to one month or not.
2. The same acts committed: a) a group of persons acting in conspiracy;
b) repeatedly;
in) by a person using his official position, shall be punishable by deprivation of liberty for a term of four to eight years with or without confiscation of property.
3. The acts referred to in paragraphs 1 and 2 of this article committed by an organized group, shall be punishable by deprivation of liberty for a term of seven to ten years with or without confiscation of property. Note. Financial transactions and other transactions with funds or other assets committed on a large scale, this article recognizes financial transactions and other transactions with funds or other assets committed in excess of two thousand times the minimum wage. "
2. Supplement article 174-1 as follows: "article 174-1. Legalization (laundering) of money or other property acquired by a person as a result of his having committed a crime 1. Commit a large amount of financial transactions and other transactions with funds or other property acquired by a person as a result of his having committed a crime (with the exception of the offences referred to in articles 193, 194, 198 and 199 of this code) or the use of such funds or other property for entrepreneurial or other economic activity shall be punishable by a fine amounting to between 700 to 1,000 times the minimum wage or the equivalent of the salary or other income of the convicted person for a period ranging from six to ten months or deprivation of liberty for a period of up to five years and a fine of up to 100 times the minimum wage or the equivalent of the salary or other income of the convicted person for a period up to one month or not.
2. The same acts committed: a) a group of persons acting in conspiracy;
b) repeatedly;
in) by a person using his official position, shall be punishable by deprivation of liberty for a term of five to eight years with or without confiscation of property.
3. The acts referred to in paragraphs 1 and 2 of this article committed by an organized group, shall be punishable by deprivation of liberty for a term of ten to fifteen years with or without confiscation of property. Note. Financial transactions and other transactions with funds or other assets committed on a large scale, this article recognizes financial transactions and other transactions with funds or other assets committed in excess of two thousand times the minimum wage. "
3. Article 183 worded as follows: "article 183. Unlawful obtaining or disclosure of information constituting commercial, tax or banking secrecy 1. Picking up the information, which is commercial, tax or banking secrecy by abduction documents, bribery or threats, as well as other unlawful manner-is punishable by a fine equivalent to 100 to 200 times the minimum wage or the equivalent of the salary or other income of the convicted person for a period of one to two months, or imprisonment for a term not exceeding two years.
2. illegal disclosure or use of information, which is commercial, tax or banking secrecy, without the consent of their owner, the person to whom it was entrusted, or become known or the work, shall be punishable by a fine of 100 to 200 times the minimum wage, with deprivation of the right to occupy certain positions or engage in certain activities for up to three years or deprivation of liberty for up to three years.
3. The same acts, causing major damage or committed from selfish interest,-

shall be punished by a fine ranging from two hundred to five hundred minimum wages with the deprivation of the right to occupy certain positions or engage in certain activities for up to five years or deprivation of liberty for up to five years.
4. The acts referred to in paragraphs 2 or 3 of this article, if they result in serious consequences, shall be punishable by deprivation of liberty for a term not exceeding ten years. "
Article 2. To amend the Federal law of April 22, 1996 N 39-FZ "on securities market" (collection of laws of the Russian Federation, 1996, no. 17, Church 1918) as follows: 1. Article 42: Supplement with a new paragraph 11 to read as follows: ' 11) in order to counter the legalization (laundering) of income obtained by criminal means, controls the order of carrying out transactions with funds or other assets committed by professional participants of the securities market ";
paragraphs 11-21 considered paragraphs 12-22 respectively.
2. paragraph 4 of article 44 shall read as follows: "4) in case of repeated violations within one year of the professional participants of the securities market of the Russian Federation legislation on securities to decide on suspension or revocation of a license for carrying out professional activities on the securities market. Immediately after the entry into force of the decision of the Federal Communications Commission to suspend the license of the State authority which issued the appropriate licence, must take steps to eliminate violations or revoke license;
in case of repeated violations within one year of the professional participants of the securities market to the requirements provided for in articles 6 and 7 (with the exception of paragraph 3 of article 7) of the Federal law "on counteracting the legalization (laundering) of income obtained by criminal means", to take a decision on the revocation of a license for carrying out professional activities on the securities market ".
Article 3. To amend the Federal law on banks and banking activities "(as amended by federal law from February 3, 1996 N 17-ФЗ) (statements of the RSFSR Congress of people's deputies and the Supreme Soviet of the RSFSR, 1990, no. 27, art. 357; Collection of laws of the Russian Federation, 1996, no. 6, art. 492; 2001, N 26, art. 2586) the following amendments and supplements: 1. Point 6 of the first paragraph of article 20, after the words "stipulated by the Federal law" on the Central Bank of the Russian Federation (Bank of Russia) "add the words", as well as repeated violations within one year of the requirements referred to in articles 6 and 7 (with the exception of paragraph 3 of article 7) of the Federal law "on counteracting the legalization (laundering) of income obtained by criminal means".
2. Article 26: to complement the new paragraph 5 reading as follows: "information on transactions of legal entities, citizens, carrying out business activity without establishment of legal entity and natural persons are granted by credit institutions to the authorized body, carrying out measures to counteract the legalization (laundering) of income obtained by criminal means, in cases using procedures and extent envisaged by the Federal law" on counteracting the legalization (laundering) of income obtained by criminal means ".";
part of the fifth and sixth take respectively the sixth and seventh instalments;
Supplement part of the eighth as follows: "authorized entity, carrying out measures to counteract the legalization (laundering) of income obtained by criminal means, shall not disclose to third parties information received from credit institutions in accordance with the Federal law" on counteracting the legalization (laundering) of income obtained by criminal means ", except for the cases stipulated by the Federal law specified.";
part of the seventh count respectively part of the ninth and, after the words "audit and other organization" add the words ", the authorized body, carrying out measures to counteract the legalization (laundering) of income obtained by criminal means".
Article 4. This federal law enters in force from February 1, 2002 year.
The President of the Russian Federation v. Putin Kremlin, Moscow August 7, 2001 N 121-FZ