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

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

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RUSSIAN FEDERATION FEDERAL LAW amending the Federal Act against the legalization (laundering) of criminally obtained incomes and of terrorism " and the Code of the Russian Federation on administrative delicts adopted by the State Duma on 9 July 2010 Approved by the Federation Council on 14 July 2010 class="ed"> (In the federal laws dated 23.07.2013. N 249-FZ; from 14.10.2014 N 307-FZ) Article 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3418; 2002, N 30, est. 3029; N 44, st. 4296; 2004, N 31, est. 3224; 2005, N 47, st. 4828; 2006, N 31, sect. 3446, 3452; 2007, N 16, sect. 1831; N 31, sect. 3993, 4011; N 49, sect. 6036; 2009, N 23, sect. 2776) The following changes: 1) in Article 2: a) to add a new part of the second content: " This Federal Act applies to branches and offices, and to children Organization of organizations carrying out transactions with money or other property located outside the Russian Federation, unless this is contrary to the law of the State of their location. "; b) Part Two. (c) Article 3, paragraph 3, should be amended to read as follows: content: " Internal control organization-a set of measures taken by organizations that carry out transactions with cash or other property, measures that include the development and harmonization of internal controls and programmes its implementation, the appointment of special officials responsible for the implementation of the said rules and the implementation of these programmes; internal control implementation by organizations carrying out transactions with cash or other property, internal controls and programmes Implementation of the Convention on the Rights of the child (article 18 of the Convention on the Rights of the and information, training and training; a client is a natural or legal person who is in the service of an organization operating with money or other property; the benefits of which the client operates, including on the basis of the agency contracts, contracts of commission, commission and trust management, in carrying out transactions with money and other property; identification is the set of activities for the establishment of certain true federal law information about clients, their representatives, beneficiaries, proof of authenticity using original documents and/or duly certified copies; capturing information (information)-obtaining and Docking information (information) on paper and (or) other forms information for the implementation of this Federal Law. "; 3) in article 4: (a) the second paragraph should read: " organization and implementation of internal control; "; b) paragraph 4 to supplement the words ", except to inform clients of the suspension of the transaction, to refuse to comply with the order of the client, to refuse to enter into a banking account agreement (contribution), the need to provide of the Convention on the Law of the Sea; (4) Article 6, paragraph 1 (2), state: " (2) credit or transfer of money, grant or receive credit (loan), securities transactions if at least one of the following: The parties shall be a natural or legal person who has the registration, residence or location in the State (territory), respectively, of which (which) does not comply with the recommendations of the Financial Action Task Force on Money Laundering (FATF), or if the transactions are carried out using a bank account, (on the territory designated by the State). The list of such States (territories) shall be determined in accordance with the procedure established by the Government of the Russian Federation, taking into account documents issued by the Financial Action Task Force (FATF), and shall be published; "; 5) in article 7: a) in paragraph 1: in subparagraph 1: in the first paragraph of the word "person who is in the service of an organization operating with money or other property (client)," should be replaced In the words "client, client and/or beneficiary"; Paragraph 2 after the word "nationality," should be supplemented by the words "date of birth,"; subpara. 2 restate: " (2) to make reasonable and accessible measures of identification of the beneficiaries, except as provided for in paragraphs 1-1 and 1 to 2 of this article, including the establishment of the particulars referred to in paragraph 1 (1) of this article; "; , to read: " to conclude a bank account (contribution) with the client in case of failure by the client, the representative of the client to identify the client, the customer representative in the cases established by this Federal Law. "; in) to supplement paragraphs 5-3-5-5 , to read: " 5-3. In the event that the State (territory) in which the branches and representative offices are located, as well as the subsidiaries of the organizations carrying out transactions with funds or other property, hinders the implementation of the said branches, offices and subsidiary bodies of this Federal Act or its individual provisions, organizations carrying out transactions with money or other property are obliged to send to the competent authority, as well as in the oversight body in the relevant field of activity The facts. 5-4. When performing client identification, client representative, beneficiary, update of information about them, carrying out transactions with money or other property, is entitled to request representations by the client, representative of the client and to receive from the client, the client's representative the identity documents, the constituent documents, documents on the state registration of a legal entity (individual entrepreneor). 5-5. Organizations engaged in cash or other property transactions are required to pay increased attention to any transactions involving cash or other property carried out by natural or legal persons referred to in sub-paragraph 2 Article 6, paragraph 1, of this Federal Law, either with their participation or on their behalf or in their interest, and with the use of the bank account referred to in article 6, paragraph 1 (2) of this Federal Law. "; , paragraph 6 Amend the text as follows: " 6. Organizations which provide relevant information to the designated authority, as well as the managers and employees of the organizations submitting the relevant information to the designated authority, shall not be entitled to inform the clients of these organizations or (d) Paragraph 8 should read: " 8. Representing the authorized body to organizations carrying out transactions with funds or other property, their supervisors and employees of the information and documents relating to the operations and for the purposes and in the manner provided for in the present report. The Federal Act does not constitute a violation of the official, banking, tax, commercial confidentiality and secrecy of communications (as part of the information on money transfers). "; (e) the first paragraph of paragraph 9 after the words" as well as the organization " add "and implementation"; 6) to Article 7-2 to add 1-1 , to read: " 1-1. In the case of a bank in which a bank account is opened, or a bank that serves the recipient in its favour of transferring funds without opening a bank account, or a bank that participates in the transfer is a foreign bank, information about the payer-a natural person, an individual entrepreneor, or a natural person engaging in private practice in accordance with the law of the Russian Federation-must include surname, first name, patronymic (unless otherwise provided by law or national) custom) and address of the place of residence (registration) or place of residence, and information about the payer, the legal person should include the name and address of the location. ". Article 2 Make Russian Federation Code of Administrative Offences (Russian Federation Law Assembly 2002, N 1, Art. 1; N 18, sect. 1721; N 30, est. 3029; N 44, st. 4295; 2003, N 27, sect. 2700, 2708, 2717; N 46, st. 4434, 4440; N 50, sect. 4847, 4855; 2004, N 30, st. 3095; N 31, est. 3229; N 34, st. 3529, 3533; 2005, N 1, st. 9, 13, 40, 45; N 10, st. 763; N 13, est. 1075, 1077; N 19, st. 1752; N 27, sect. 2719, 2721; N 30, est. 3104, 3131; N 50, sect. 5247; N 52, sect. 5596; 2006, N 1, st. 10; N 2, est. 172; N 6, est. 636; N 10, sect. 1067; N 12, est. 1234; N 17, est. 1776; N 18, st. 1907; No. 19, sect. 2066; N 23, st. 2380; N 28, st. 2975; N 30, est. 3287; N 31, sect. 3420, 3432, 3438, 3452; N 45, sect. 4641; N 50, sect. 5279; N 52, sect. 5498; 2007, N 1, st. 21, 29; N 16, sect. 1825; N 26, est. 3089; N 30, est. 3755; N 31, st. 4007, 4008, 4009, 4015; N 41, est. 4845; N 43, sect. 5084; N 46, st. 5553; N 50, st. 6246; 2008, N 18, sect. 1941; N 20 2251; N 29, st. 3418; N 30, est. 3604; N 49, sect. 5745; N 52, 6227, 6235, 6236; 2009, N 1, st. 17; N 7, est. 777; N 23, st. 2759, 2776; N 26, est. 3120, 3122, 3132; N 29, st. 3597, 3635, 3642; N 30, sect. 3739; N 48, sect. 5711, 5724; N 52, est. 6406, 6412; 2010, N 1, sect. 1; N 11, est. 1176; N 15, est. 1751; N 19, est. 2291; N 21, est. 2525; N 23, st. 2790; Russian newspaper, 2010, 7 July) the following changes: 1) Article 15.27 should read: " Article 15.27. Failure to comply with the requirements of the legislation on the countering the legalization (laundering) of the proceeds of crime, and terrorism financing 1. Violation of the deadline for submission of an application for consideration by an authorized body and (or) the time frame for the transmission of the internal control rules for approval by the authorized (supervisory) organ- results in the warning or the imposition of an administrative 50,000 rubles ($1,150) is fine with a fine of 50,000 rubles ($1,150). 2. Failure to enforce legislation in respect of the organization and/or internal control, except as provided for in Part 3 of this Article,- shall result in the imposition of a warning or an administrative fine on officials. 50,000 rubles ($) to 1,000 rubles ($1) in the first half of this year. 3. Acts (omissions) referred to in part 2 of this article which have resulted in a failure within the legally established time limits of the authorized body to be informed about the operations subject to compulsory control or of the transactions in respect of which The suspicion that they are being carried out in order to legalize (laundering) the proceeds of crime or the financing of terrorism- is punishable by an administrative fine of between 20,000 and fifty. 50,000 rubles ($1,200) or a suspension of up to 10 years. 50,000 rubles ($) to 1,000 rubles ($1). 4. Failure to submit to the authorized body information on transactions subject to mandatory control- shall impose an administrative fine on officials in the amount of between forty thousand and fifty thousand rubles, or The period of up to one year; for legal persons-from two hundred thousand to four hundred thousand roubles; or administrative suspension of activity for the term of up to 60 days. 5. Non-compliance with the legislation on countering the legalization (laundering) of criminally obtained incomes and the financing of terrorism, resulting in the laundering of the proceeds of crime, (a) The legalization (laundering) of proceeds of crime or the financing of terrorism, if these acts (omission) does not constitute a criminal offence, shall be imposed on the court. A fine of 30,000 to 50 officials 1,000 roubles or more disqualification for a period of one year to three years; for legal entities-from five thousand to one million roubles or the administrative suspension of activities for up to ninety days. "; (2) in Article 23.1: (a) In Part 1, the words "articles 15.26, 15.26, paragraph 5, 15.27,"; b) in Part 2 of the word "Article 15.24-1, 15.27" shall be replaced by the words "Article 15.24-1, Parts 3 and 4 of Article 15.27"; 3) 1 articles 23.44 after the figures "13.18" with the words ", paragraphs 1 to 4 of article 15.27 (within the limits of "; 4) (Federal Act of 23 July 2013). N 249-FZ 5) (Federal Act of 14.10.2014) N 307-FZ 6) in article 23.62, part 1, of the word "article 15.27", replace by "Parts 1 to 4 of article 15.27"; 7) Chapter 23 with articles 23.72, 23.73 and 23.74. Federal Law of 23 July 2013 N 249-FZ) N 249-FZ) N 249-FZ) N 249-FZ) N 249-FZ) N 249-FZ) N 249-FZ) N 249-FZ) N 249-FZ) N 249-FZ) Article 23.74. The Banking Supervision Authority 1. The supervisory authority shall, within the limits of its powers, deal with the administrative offences referred to in article 15.27, paragraphs 1 to 4, of this Code. 2. The President of the Central Bank of the Russian Federation, his deputies, the head of the territorial institution of the Central Bank Russian Federation, its deputies. "; 8) article 28.3, paragraph 81, paragraph 81, after the words" article 15.26 "; "Article 15.27, paragraph 5," Article 3 This Federal Law shall enter into force 180 days after its official publication. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 23 July 2010 N 176 FZ