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"

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{ \field { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } FEDERAL { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Federal Law " About Adopted by the State Duma on 27 September 2002 Approved by the Federation Council on 16 October 2002 Article 1. Enact the Federal Law of August 7, 2001 No. 115-FZ " On countering the legalization (laundering) of criminally obtained incomes. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3418; 2002, N 30, est. 3029) the following changes and additions: 1. Title of the Federal Act, article 1, part one, article 2, paragraphs 5 and 7 of article 3, the title of chapter II, the first paragraph of article 7, the title of Chapter III, the title of Chapter IV, the title of Chapter IV, after the word "criminal". to supplement the words "and the financing of terrorism" in the appropriate paedages. 2. In article 4: the name after the words "criminal means" to be supplemented with the words "and the financing of terrorism"; paragraph first after the words "criminal means," with the words "and financing of terrorism,"; paragraph The fourth is supplemented by the words "and the financing of terrorism". 3. In article 5: paragraph 5 should read: "organization of a federal postal service;"; to add the following paragraphs to the following paragraphs: " buying and selling organizations of precious metals and precious stones, jewelry made of them and scrap of such products; organization, containing totalizers and bookmakers, as well as conducting lottery games and other games in which the organizer plays the prize fund between the participants, including in electronic form; to manage investment funds or non-State pension funds. ". 4. Article 6 should read as follows: " Article 6. Transactions with Money or Other Property to be Required 1. The cash or other property shall be subject to mandatory control if the amount to which it is committed is equal to or exceeds 600,000 rubles, or is equal to or greater than 600,000 rubles in foreign currency, and This operation is one of the following types of transactions: 1) Cash transactions in cash: withdraws or enlistment of a legal entity in cash in cash If this is not due to the nature of its economic activity; Buy or sell foreign currency in cash; Purchase of a physical person of securities for cash settlement; receipt of a person's cash on a non-resident bearer; exchange of banknotes of the same merit on other denominations; physical person's incorporation into the statutory (warehousing) capital of the organization of cash in cash form; 2) transfer or transfer to the money account funds, provision or receipt of credit (loan), securities transactions in If one of the parties is a natural or legal person having the registration, residence or location in the State (territory) that is not involved in international cooperation in the field of The counteraction to the legalization (laundering) of proceeds of crime and the financing of terrorism, or one of the parties, is the person holding the account in the bank registered in that State (in that territory). The list of such States (territories) shall be determined in accordance with the procedure established by the Government of the Russian Federation on the basis of lists approved by the international organizations engaged in countering the legalization (laundering) of proceeds received by the Government of the Russian Federation. by criminal means, and financing of terrorism, and to be published; 3) transactions on bank accounts (deposits): deposit of deposits (deposit) with the issuance of deposits (deposit) on { \cs6\f1\cf6\lang1024 } bearer { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } third persons with cash in cash; money transfer abroad to account (deposit), opened to an anonymous owner, and cash flow from abroad from account (contribution) open to anonymous owner; Cash-to-account (deposit) or writing-off of money from the account (s) of a legal entity whose period of activity does not exceed three months from the date of its registration or the deposit of cash funds to the account (contribution) or write-off of funds from the legal entity's account (s) in the In the case of an account (deposit) that has not been made since its opening; 4) other movable property transactions: premises of securities, precious metals, precious stones, jewelry from them and scrap of such items or other valuations in the pawn shop; to pay the person for the insurance compensation or to receive an insurance premium for life insurance or other types of contributory insurance and pension insurance; receipt or provision of property under a financial lease (lease); money transfers carried out by non-credit organizations on behalf of the client; purchase, sale of precious metals and precious stones, jewelry from them and scrap of such products; receipt Cash in the form of a fee for participating in a lottery game, a pool (mutual betting) or other risk-based games and payment of money in the form of winnings obtained from participating in the games. 2. The operation of cash or other property shall be subject to mandatory control in the event that at least one of the parties is an organization or a natural person in respect of whom it has been received in accordance with the present report. The Federal Act details their participation in extremist activities, or a legal person directly or indirectly owned or controlled by such an organization or person, or by a natural or legal person acting from The name of the person or entity. The list of such organizations and persons shall be established by the Government of the Russian Federation. Grounds for the inclusion of an organization or individual in the designated list are: the decision of the court of the Russian Federation that entered into force to eliminate or prohibit the activities of the organization in connection with the implementation of the Convention. (e) Extremist activities; lawfully sentenced by the Russian Federation court to recognize a person guilty of a terrorist offence; decision of the Prosecutor General of the Russian Federation The activities of the organization in connection with its application to the court with a request to hold the organization responsible for terrorist activities; the order of the investigator or the procurator to institute criminal proceedings against a person, of a crime of a terrorist nature; drawn up by international organizations combating terrorism or their authorized bodies and recognized by the Russian Federation on the lists of organizations and individuals, related to terrorist organizations or terrorists; OF THE PRESIDENT OF THE RUSSIAN FEDERATION persons engaged in terrorist activities. 3. In the case of cash or other property being carried out in foreign currency, its size in Russian roubles is determined at the official rate of the Central Bank of the Russian Federation in effect at the date of commission of such currency. operations. 4. Details of transactions involving moneys or other property subject to mandatory control shall be reported directly to the authorized body of the organizations carrying out transactions with funds or other property. ". 5. In article 7: , amend the name to read: " Article 7. Rights and obligations of the organizations that carry out cash or other property ; in paragraph 1: subpara. 1: " 1) identify the person, in the service of an organization operating with money or other property; "; paragraph 4 of paragraph 2, after the words" certifying person ", add", identification number the taxpayer (if any), "; paragraph 2: paragraph The eighth, after the word "criminal", should be supplemented by the words ", or the financing of terrorism"; , paragraph 9, to read as follows: "The rules of internal control shall be drafted taking into account the recommendations adopted by the Assembly". The Government of the Russian Federation, and for credit organizations by the Central Bank of the Russian Federation, are approved in accordance with the procedure established by the Government of the Russian Federation. "; by supplementing the words "with the words" or financing of terrorism "; Paragraph 5 should be supplemented with the following paragraph: " Credit organizations have the right to refuse to conclude a bank account (deposit) contract with a natural or legal person if the person concerned fails to submit documents, The present report shall be submitted to the Committee on the Rights of the Islamic Republic of Yugoslavia. Paragraph 8 should read as follows: " 8. Submission to the authorized body by employees of organizations carrying out transactions with funds or other property, information and documents relating to transactions and for the purposes and in the manner prescribed by this Federal Law, is a violation of official, banking, tax, commercial confidentiality and secrecy (in part of information about money transfers). "; paragraph 9, add the following paragraph: " In case of absence oversight bodies in the field of the activities of individual organizations Transactions involving cash or other property, such organizations are subject to registration in an authorized body in a manner to be determined by the Government of the Russian Federation. "; to supplement paragraphs 10 to 12, as follows: " 10. Organizations engaged in cash or other property transactions shall suspend such operations, except for cash transfers to the account of a natural or legal person, for two working days from the date of when client orders for their implementation are to be completed and no later than the working day following the day of suspension shall be submitted to the designated authority in the event that at least one of the parties is an organization or a natural person with respect to which he or he is a pursuant to article 6, paragraph 2, of this Federal Act concerning their participation in terrorist activities, or a legal person directly or indirectly owned or controlled by such an organization or person, or natural or legal person acting on behalf of or at the direction of such an organization or person. If, within a specified period of time, the authorized body has decided to suspend the relevant operation for an additional period of time pursuant to article 8, paragraph 3, of this Federal Act, A transaction involving cash or other property at the disposal of the client, unless otherwise decided by the laws of the Russian Federation, which limits its implementation. 11. Organizations conducting transactions with cash or other property may refuse to comply with the order of the customer for the transaction, except in the case of cash transfers to the account of the physical or A legal entity that does not have the necessary documents to record information in accordance with the provisions of this Federal Act. 12. The suspension of operations in accordance with paragraph 10 of this article and the refusal to perform the operations under paragraph 11 of this article are not grounds for civil liability of the implementing organizations. Transactions involving cash or other property for breach of contract terms. ". 6. In article 8: Part Two, after the words "by criminal means," to be supplemented by the words "or with the financing of terrorism,"; to supplement a new part of the third reading: " The Authorized Body shall issue an order on Suspension of transactions with money or other property referred to in article 6, paragraph 2 of this Federal Law for up to five working days if the information he has received under article 7, paragraph 10, of the present Federal Law The Federal Act, as a result of the preliminary examination, has been recognized by them "reasonable."; part three shall be considered part four and in it the words "or trade secrets" should be replaced by ", trade secrets or secrecy"; part four shall be considered as Part Five. 7. In article 9: , in part three, replace "and trade secrets" with ", trade secrets and secrecy (as part of information on money transfers)."; Part Four, as follows: " The provisions of this article shall not apply to information and documents which, in accordance with articles 6 and 7 of this Federal Law, are not entitled to be requested by an authorized body from organizations carrying out transactions with monetary authorities. or other property or to be represented by such organizations directly to the authorized body. ". 8. Part one, the second, sixth and seventh articles 10 and 12, after the words "by criminal means", should be supplemented by the words "and financing of terrorism" in the appropriate paedages. " To invite the President of the Russian Federation and instruct the Government of the Russian Federation and the Central Bank of the Russian Federation to bring their regulatory legal acts into conformity with this Federal Law. Article 3. This law shall come into force at the expiration of two months from the date of its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin 30 October 2002 N 131-FZ