Advanced Search

On Amendments To The Federal Law "on Counteracting The Legalization (Laundering) Of Proceeds Received By Criminal Way And Terrorism Financing"

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
RUSSIAN FEDERATION FEDERAL LAW amending the Federal Law " On countering the legalization (laundering) of proceeds of crime, and financing terrorism " Adopted by the State Duma on 7 July 2004 Approved by the Federation Council on 15 July 2004 Article 1 href=" ?docbody= &prevDoc= 102088036&backlink=1 & &nd=102072376 " target="contents"> dated August 7, 2001 N 115-FZ "On countering the legalization (laundering) of criminally obtained incomes and the financing of terrorism" (Collection of Laws of the Russian Federation, 2001, No. 33, art. 3418; 2002, N 30, est. 3029; N 44, st. 4296) the following changes: 1) in Article 5: (a) the fourth paragraph should read: "insurance organizations and leasing companies;"; b) the eighth paragraph should read as follows: "organizations that contain pools and betting offices and organizing and conducting lotteries, pools and other risk-based games, including in electronic form;"; in), add the following paragraph content: " mediation organizations in the sale of immovable property. "; 2) in article 6: (a) in paragraph 1: paragraph 3 of subparagraph 1, amend to read: " Purchase or sale of foreign currency in cash By a physical person; "; in subpara. 4: the seventh paragraph should read: " Receive money as a fee for participating in the lottery, the [ [ mutual betting]] and other risk-based games, number in electronic form, and payment of cash in the form of winnings, from participating in the games; "; to add a paragraph to read as follows: " Provision of interest-free loans to legal entities other than credit organizations, individuals and/or others and to obtain such a loan. "; b) to supplement paragraph 1-1 as follows: " 1-1. The immovable property shall be subject to compulsory control if the amount to which it is committed is equal to or exceeds 3,000,000 roubles or is equivalent to or exceeds 3,000 roubles in foreign currency. "; 3) Article 7: (a), paragraph 1, amend to read: " 1. Organizations carrying out transactions with cash or other property are required to: 1) identify a person who is in the service of an organization operating with money or other property (client), and to establish the following information: with regard to physical persons-surname, first name, and patronymic (unless otherwise provided by law or national custom), nationality, identity documents of the migration card, A document affirming the right of a foreign citizen or a person without citizenship for stay in the Russian Federation, address of the place of residence (registration) or place of residence, identification number of the taxpayer (if any); with regard to legal persons-the name, identification number of the taxpayer or code of foreign organization, State registration number, place of registration and address of location; 2) make reasonable and accessible (c) The circumstances of the measure for the identification and identification of beneficiaries; (3) Systematically update information about customers, beneficiaries; 4) to document and submit to the authorized body no later than the day following the day of the transaction, the following details: Mandatory control of cash or other property transactions: the type of transaction and the basis of its occurrence; date of the transaction with cash or other property, and the amount to which it is committed; information required to identify the physical person who carries out the operation with money or other property (passport or other identification document), data on the migration card, a document confirming the right of a foreign national or stateless person to Residence (residence) in the Russian Federation, identification number (if any), address of his place of residence or residence; name, identification number of the taxpayer, State registration number, place of State registration and address the location of a legal person performing an operation with money or other property; information necessary for the identification of a natural or legal person on behalf of and on whose behalf an operation is committed 1. Money or other property, data from the migration card, a document confirming the right of a foreign citizen or stateless person to stay in the Russian Federation, the identification number of the taxpayer (at the time of his/her) (presence), address or place of residence, respectively a natural or legal person; information necessary to identify the representative of a natural or legal person, solicitor, agent, commissionaire, trustee, performing a cash transaction, or other property on behalf of, or in the interest of, or at the expense of another person, by power, based on power of attorney, contract, law or act of the authorized State organ or authority of local self-government, the data of the migration card, A document affirming the right of a foreign citizen or a person without of the Russian Federation, the identification number (if any), the address of the residence or the location of the representative of a natural or legal person; required to identify the recipient for the operation of money or other property and/or his or her representative, including the data of the migration card and the document confirming the right of a foreign national or stateless person to Residence (residence) in the Russian Federation, identification number of the taxpayer (if any), address or location of the recipient and (or) his representative, if so provided by the rules of the relevant transaction; 5) to represent him/her Written requests for information referred to in paragraph 4 of this paragraph shall be made in respect of both the operations subject to mandatory control and the operations referred to in paragraph 3 of this article. The procedure of the designated request is determined by the Government of the Russian Federation in agreement with the Central Bank of the Russian Federation. The competent authority is not entitled to request documents and information on transactions committed prior to the entry into force of this Federal Act, with the exception of documents and information submitted on the basis of the relevant legislation. of the international treaty of the Russian Federation. "; b) paragraph 2, add the following paragraph: " Qualification requirements for special officials responsible for the implementation of the rules of internal control; and of its implementation, as well as requirements for training and education Personnel, identification of clients, beneficiaries are determined in accordance with the procedure set by the Government of the Russian Federation and credit organizations by the Central Bank of the Russian Federation. The identification requirements may vary depending on the level (level) of the risk of transaction by the client for the legalization (laundering) of the proceeds of crime or the financing of terrorism. "; , paragraph 3, after the words "This organization" should be supplemented by the words ", no later than the working day following the day of the identification of such operations;"; d), add the following sentence: " Specified time for copies of documents required for the The identification of the person is calculated from the date of termination of the relationship with the customer. "; d) Paragraph 5 should read: " 5. Credit organizations are prohibited from: open accounts (deposits) on anonymous owners, that is, without providing an opening account (deposit) by the physical or legal person of the documents required for its identification; to open accounts (deposits) of individuals without the personal presence of the opening account (contribution) or its representative; to establish and maintain relations with non-resident banks not present in the territories of the States in which they are registered, permanently operating. "; (e) To supplement paragraphs 5-1 and 5-2 as follows: " 5-1. Credit organizations are obliged to take measures aimed at preventing the establishment of relationships with non-resident banks that are reported to be used by banks not in the territories of the States in which they they are registered, permanently operating. 5-2. Credit organizations have the right to refuse to conclude a bank account agreement (contribution) with a natural or legal person in the following cases: the absence of a legal entity, its standing body of a competent authority or person who has the right to act on behalf of a legal person without a power of attorney; Non-submission by a natural or legal person of the documents confirming the particulars referred to in this article; or false documents; existence in relation to A person or entity of information on participation in terrorist activities received under this Federal Law. "; g) to supplement paragraph 13 reading: " 13. Credit organizations are required to document and submit to the competent authority information in cases of refusal on the grounds referred to in this article from the conclusion of a bank account agreement (deposit) with a natural or legal person, and "(or) from conducting operations in time not later than the working day following the day of committing the said actions, in accordance with the procedure established by the Central Bank of the Russian Federation in agreement with the Government of the Russian Federation."; 4) II supplement Article 7-1 as follows: " Article 7-1. Rights and obligations of other persons 1. The requirements for the identification of clients, the organization of internal controls, the recording and storage of information set out in article 7, paragraph 1, paragraph 1, paragraphs 2 and 4, of this Federal Act apply to lawyers, notaries and persons performing business in the field of legal or accounting services, in cases where they are prepared or executed on behalf of or on behalf of their client, the following cash or other transactions property: real estate transaction; money, securities or other property of the customer; Manage bank accounts or securities accounts; Attracting money to create, operate, or manage organizations { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } { \b } { \b } { \field { \ 2. Where there is a lawyer, a notary, a person who performs a business in the provision of legal or accounting services, any reason to believe that the transactions or financial transactions referred to in paragraph 1 of this article, They shall be or may be carried out in order to legalize (laundering) the proceeds of crime or the financing of terrorism, they must notify the authorized body. Lawyer and notary have the right to transmit such information, both independently and through a lawyer and a notary, respectively, if these chambers have an agreement on interaction with the authorized body. 3. The procedure for the transfer of lawyers, notaries, persons engaged in business activity in the provision of legal or accounting services, transactions or financial transactions referred to in paragraph 2 of this article shall be established The Government of the Russian Federation. 4. A lawyer and a lawyer's chamber, a notary and a notary public, persons engaged in business activities in the sphere of legal or accounting services are not entitled to disclose the fact of transmission to the authorized body of information specified in 2 of this article. 5. The provisions of paragraph 2 of this article do not refer to information that is subject to the requirements of the law of the Russian Federation concerning the observance of the law of attoria. "; " The federal executive authorities shall, within the limits of their competence and in the manner agreed by them with the relevant supervisory authorities, provide information to the organizations carrying out transactions with funds or other property; contained in the single State Register of Legal Persons, OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 2 This Federal Law shall enter into force 30 days after its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin 28 July 2004 N 88-FZ