On Amendments And Additions To The Federal Act "on Counteracting The Legalization (Laundering) Of Proceeds Received By Criminal Way"

Original Language Title: О внесении изменений и дополнений в Федеральный закон "О противодействии легализации (отмыванию) доходов, полученных преступным путем"

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102078591

RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the Federal Act "on counteracting the legalization (laundering) of income obtained by criminal means" adopted by the State Duma September 27, 2002 year approved by the Federation Council of the year October 16, 2002 Article 1. To amend the Federal law dated August 7, 2001 N 115-FZ "on counteracting the legalization (laundering) of proceeds received by criminal way" (collection of laws of the Russian Federation, 2001, no. 33, p. 3418; 2002, no. 30, art. 3029) the following amendments and supplements: 1. the name of the Federal law, article 1, first part of article 2, part of the fifth and seventh article 3, title of chapter II, the first paragraph of article 7, paragraph 2 the name of chapter III, the first part of article 8, title of chapter IV, after the words "criminal means" add the words "and the financing of terrorism in the respective cases.
2. In article 4: the name after the words "criminal means" add the words "and the financing of terrorism";
the first paragraph, after the words "proceeds," add the words "and the financing of terrorism";
fourth paragraph, add the words "and the financing of terrorism".
3. In article 5: the fifth paragraph should read as follows: "the Organization of the Federal postal service;";
supplement paragraphs read as follows: "organizations engaged in buying, buying and selling precious metals and precious stones, jewelry made of them and scrap such products;
the organization containing betting and bookmakers, as well as conducting lotteries and other games in which the Organizer casts a prize fund among participants, including in electronic form;
organizations that manage investment funds or non-State pension funds.
4. Article 6 shall be amended as follows: "article 6. Transactions with funds or other property subject to mandatory control 1. The operation involving funds or other assets subject to mandatory control if the amount by which it takes place, is equal to or greater than 600 000000 rubles or foreign currency is equal to the sum of the equivalent of 600 000000 rubles, or exceed it, and by its very nature, this operation is one of the following types of transactions: 1) transactions with funds in cash: withdrawal or transfer into the account of a legal entity money in cash in cases If this is not due to the nature of its economic activities;
the purchase or sale of foreign currency;
purchase an individual securities for cash;
obtaining an individual cash by check payable to bearer, issued by a non-resident;
Exchange of banknotes of the same denomination into banknotes of another denomination;
making a natural person authorized (total) capital of the organization money in cash;
2) enrollment or transfer funds, providing or obtaining a loan (borrowing), operations with securities in case if at least one of the parties is a natural or legal person having respectively registration, residence or location within a State (territory), which (who) did not participate in international cooperation in the sphere of counteraction to legalization (laundering) of proceeds received by criminal way and terrorism financing or one of the parties is a person, having a bank account registered in the State (in the territory). The list of such States (Territories) is determined in accordance with the procedure set out by the Government of the Russian Federation on the basis of lists of approved international organizations countering the legalization (laundering) of proceeds received by criminal way and terrorism financing, and shall be published;
3) operations on bank accounts (deposits): placement of funds in deposit (deposit) with paperwork attesting the deposit (deposit) payable to bearer;
opening of deposit (deposit) in favor of third parties it hosted cash in cash;
transfer of funds abroad on account (inputs), open the anonymous owner, and cash inflow from abroad from the account (deposit), open the anonymous owner;
funds crediting to the account (deposit) or withdrawal of funds from the account (deposit) of a legal person, the period which does not exceed three months from the date of its registration or deposit of funds on the account (deposit) or withdrawal of funds from the account (deposit) of a legal entity in case if operations on the specified account (deposit) were not made since its opening;
4) other transactions with movable property: placing of securities, precious metals, precious stones, jewelry made of them and scrap jewelry or other valuables in Lombard;
payment of insurance indemnity or the physical person receiving from him an insurance life insurance premiums or other types of endowment insurance and pension matters;
receiving or giving the property leasing contract;
transfers carried out by nekreditnymi organizations on behalf of a client;

purchase, sale and purchase of precious metals and precious stones, jewelry made of them and scrap such products;
receipt of monetary funds in the form of fees for participation in the game the lottery, sweepstakes (bet) or other games of chance and the payment of cash winnings gained from participation in these games.
2. the operation involving funds or other assets subject to mandatory control if at least one of the parties is an organisation or individual with respect to whom there are received in accordance with this federal law information about their involvement in extremist activities, any legal entity directly or indirectly owned or controlled by such organization or person or a natural or legal person acting on behalf or at the direction of such organization or person.
How to define and bring to the attention of organizations conducting transactions with funds or other assets of a list of such organizations and persons shall be established by the Government of the Russian Federation.
The grounds for the inclusion of an organization or individual in the list are: entered into legal force of the decision of the Court of the Russian Federation on the elimination or prohibition of the activities of the organization with regard to its implementation of the extremist activities;
an executory sentence of the Russian Federation on the recognition of physical persons convicted of crimes of a terrorist nature occur;
the decision of the Prosecutor General of the Russian Federation or subordinate to him the Prosecutor to suspend the activities of the Organization in connection with its treatment in court a statement about bringing the organization responsible for terrorist activities;
the ruling of the investigator or Prosecutor to institute criminal proceedings against the perpetrator of a terrorist nature occur;
drawn up by international organizations engaged in combating terrorism, or their authorized bodies and recognized the Russian Federation lists of organizations and individuals associated with terrorist organizations or terrorists;
recognized in the Russian Federation in accordance with international treaties of the Russian Federation and federal laws, judgements (decisions) of the courts and decisions of other competent organs of foreign States against organizations or individuals engaged in terrorist activities.
3. If the operation involving funds or other assets is carried out in a foreign currency, its amount in Russian roubles at the official exchange rate is determined by the Central Bank of the Russian Federation, current at the date of the transaction.
4. Information on transactions with monetary or other assets subject to mandatory control are submitted directly to the authorized body organizations engaged in transactions with funds or other assets. "
5. In article 7: name shall be reworded as follows: "article 7. The rights and obligations of organizations conducting transactions with funds or other property ";
in paragraph 1: sub-paragraph 1 worded as follows: "1) identify the person in the institution carrying out transactions with funds or other property";
fourth subparagraph, paragraph 2, after the words "identity)" add the words "taxpayer identification number (if any)";
in paragraph 2: the eighth paragraph, after the words "criminal means" add the words ", or the financing of terrorism";
the ninth paragraph should read as follows: "internal control rules are developed taking into account the recommendations adopted by the Government of the Russian Federation, and for credit institutions-the Central Bank of the Russian Federation, and approved in accordance with the procedure established by the Government of the Russian Federation.";
paragraph 3 after the words "proceeds," add the words "or the financing of terrorism";
paragraph 5 paragraph be supplemented as follows: "credit organization shall have the right to refuse the conclusion of the contract of bank account (deposit) with a person or entity in the case of non-submission of the relevant documents confirming the information referred to in this article, or the submission of false documents, as well as in the case against a person known to be involved in terrorist activities, obtained in accordance with this federal law.";
paragraph 8 shall read as follows: "8. the presentation to the competent authority by the employees of organizations conducting transactions with funds or other assets, information and documents with respect to the operations and to and in the manner prescribed by this federal law, does not constitute a breach of official, banking, tax, commercial secrets and secrets of communication (part of the information on postal remittances).";
item 9 supplement paragraph read as follows:

"In the absence of oversight bodies in the sphere of activities of selected organizations conducting transactions with funds or other assets, such organizations are subject to registration in the authorized body in accordance with the procedure set out by the Government of the Russian Federation.";
supplement paragraphs 10-12 to read as follows: "10. Organizations conducting transactions with funds or other assets, suspending such operations, except for retroactive crediting of funds received on the account of a natural or legal person, for two working days from the date when the customer orders on their implementation must be implemented, and not later than the working day following the day of suspension of operations provide information on them to the competent authority if at least one of the parties is an organisation or individual with respect to whom there are received in accordance with paragraph 2 of article 6 of this federal law information about their involvement in terrorist activities, or legal entity directly or indirectly owned or controlled by such organizations or persons, either natural or legal person acting on behalf or at the direction of such organization or person.
In case of orders within the specified period of the authorized body to suspend the operation for an additional period of time based on the third part of article 8 hereof are the operation involving funds or other assets of the client's order if, in accordance with the legislation of the Russian Federation had not decided otherwise, limiting its implementation.
11. Organizations conducting transactions with funds or other assets shall be entitled to refuse to execute the customer's orders or transaction, except for retroactive crediting of funds received on the account of a natural person or a legal entity, which has not submitted the documents necessary for recording information in accordance with the provisions of this federal law.
12. Suspension of operations in accordance with paragraph 10 of this article, and refusing to carry out operations in accordance with paragraph 11 of this article are not a basis for civil liability of organizations conducting transactions with funds or other assets, for violating the terms of the respective contracts.
6. In article 8: the second part, after the words "proceeds of crime", add the words "or the financing of terrorism";
to complement the new paragraph 3 as follows: "the competent organ shall order on suspending transactions with funds or other property referred to in paragraph 2 of article 6 hereof, for up to five working days, if the information received in accordance with paragraph 10 of article 7 of this federal law, according to the results of preliminary examination recognized them valid.";
part three regarded as part of the fourth and the words "or trade secrets" were replaced by the words "commercial secret or secret communication";
part four considered part of fifth.
7. In article 9: in the third part, the words "and commercial secrets" were replaced by the words "commercial confidentiality and secrecy of communication (part of the information on postal remittances).";
part four shall be reworded as follows: "the provisions of this article shall not apply to information and documents in accordance with articles 6 and 7 of this federal law may not be requested by the authorized body of organizations conducting transactions with funds or other assets, or those organizations should be submitted directly to the competent authority.".
8. Part of the first, second, sixth and seventh article 10 and article 12, after the words "proceeds of crime", add the words "and the financing of terrorism," in appropriate cases.
Article 2. The President of the Russian Federation and to entrust the Government of the Russian Federation and the Central Bank of the Russian Federation to bring its normative acts in compliance with this federal law.
Article 3. This federal law shall enter into force on the expiry of two months from the day of its official publication.
The President of the Russian Federation v. Putin Kremlin, Moscow October 30, 2002 N 131-FZ