Advanced Search

On Amendments To The Federal Law "on Counteracting The Legalization (Laundering) Of Proceeds Received By Criminal Way And Terrorism Financing" And In 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 в Кодекс Российской Федерации об административных правонарушениях

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 of terrorism " and in the Code of the Russian Federation on Administrative Offences adopted by the State Duma on October 21, 2011 Approved by the Federation Council on 26 October 2011 class="ed">(In federal editions) Law of 23 July 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; 2006, N 31, st. 3446, 3452; 2007, N 16, sect. 1831; N 31, sect. 3993, 4011; N 49, sect. 6036; 2009, N 23, sect. 2776; 2010, N 30, sect. 4007; N 31, est. 4166; 2011, N 27, sect. 3873) the following changes: 1) in article 3: (a), paragraph 9, amend to read: " Internal control is a set of organizations that conduct transactions with money or other property, measures involving the development of internal controls, the appointment of special officials responsible for the implementation of the internal control rules; "; b), paragraph 10 should read as follows: " Internal control implementation by organizations, carrying out transactions with funds or other property, internal control rules, as well as compliance with the requirements of the legislation on identification of clients, their representatives, beneficiaries, and documentation of information (information) and their submission to the designated authority, the storage of documents and information, the preparation and training of personnel; "; 2), article 6, paragraph 1-1, should read: " 1-1. The immovable property transaction, the result of which is the transfer of ownership of such immovable property, is subject to compulsory control if the amount to which it is committed is equal to or exceeds 3 million rubles or equal to amount in foreign currency equivalent to 3 million rubles, or exceeds it. "; 3) in article 7: (a) in paragraph 1: paragraph 1, subparagraph 4, amend to read: " 4) document and submit to the authorized body no later than three working days from the date of performing the transaction with the following information on transactions subject to mandatory control with cash or other property committed by their customers: "; sub-paragraph 5 restate: " 5) to provide in The authorized body, upon written request, of the additional information relating to the transactions of the clients, the volume, nature and manner of which is to be provided to the organization carrying out the transactions with the money or other property OF THE PRESIDENT OF THE RUSSIAN FEDERATION The organization also provides information on the movement of funds in the accounts (deposits) of such customers, in accordance with the procedure established by the Central Bank of the Russian Federation in consultation with the authorized body. The procedure for the written request by the authorized body shall be determined by the Government 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 Russian Federation. "; b) in paragraph 2: the first paragraph should read: " 2. Organizations that conduct cash or other property transactions are required to prevent the legalization (laundering) of proceeds of crime and the financing of terrorism to develop internal controls, Appoint special officials responsible for implementing internal controls and take other internal organizational measures for the purposes specified. "; paragraph 2 is declared void; in the third paragraph the words "the application of these rules and the implementation of the implementation programmes" "Replace internal control" with the words "implementation of the said rules"; in paragraph 9 of the word ", and shall be approved in accordance with the procedure set by the Government of the Russian Federation" replaced by ", and approved by the head { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b Personnel, identification of clients, beneficiaries are defined in In accordance with the procedure established by the Government of the Russian Federation, credit organizations by the Central Bank of the Russian Federation, in agreement with the authorized body. Qualification requirements for special officials may not contain restrictions on the filling of posts for persons who have been administrated for failure to comply with the requirements of the legalization legislation (laundering) of the proceeds of crime and the financing of terrorism, which does not provide for the disqualification of such persons. The identification requirements may vary depending on the level (level) of the risk of transactions being performed by the client in order to legalize (laundered) the proceeds of crime or the financing of terrorism. "; , paragraph 3 , to read: " 3. In the event that an employee of an organization carrying out an operation with money or other property, on the basis of the implementation of the rules of internal control referred to in paragraph 2 of this article, there are suspicions that any transaction In order to legalize (laundering) the proceeds of crime or the financing of terrorism, this organization is obliged to send to the authorized body no later than three working days following the day of the detection of such transactions information about such transactions, whether or not they are transactions, provided for in article 6 of this Federal Act. ". Article 2 Article 6 of the Code of the Russian Federation on Administrative and OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1; N 30, sect. 3029; N 44, st. 4295; 2003, N 27, sect. 2700, 2708, 2717; N 46, st. 4434; N 50, st. 4847, 4855; 2004, N 31, st. 3229; N 34, st. 3529, 3533; 2005, N 1, st. 9, 13, 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; 2006, N 1, sect. 10; N 2, est. 172; N 10, est. 1067; N 12, est. 1234; N 17, est. 1776; N 18, st. 1907; No. 19, sect. 2066; N 23, st. 2380; N 31, st. 3420, 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, 4015; N 41, est. 4845; N 43, sect. 5084; N 46, st. 5553; 2008, N 18, sect. 1941; N 20 2251; N 30, sect. 3604; N 49, sect. 5745; N 52, 6235, 6236; 2009, N 7, st. 777; N 23, st. 2759; N 26, st. 3120, 3122; N 29, 100. 3597, 3642; N 30, stop. 3739; N 48, sect. 5711, 5724; N 52, est. 6412; 2010, N 1, st. 1; N 21, sect. 2525; N 23, st. 2790; N 27, sect. 3416; N 28, est. 3553; N 30, sect. 4002, 4006, 4007; N 31, sect. 4158, 4164, 4193, 4195, 4206, 4207, 4208; N 41, sect. 5192; N 49, sect. 6409; 2011, N 1, st. 10, 23, 54; N 7, st. 901; N 15, stop. 2039; N 17, est. 2310; N 19, 100. 2715; N 23, st. 3260; N 27, est. 3873, 3881; N 29, st. 4280, 4298; N 30, est. 4573, 4585, 4590, 4598, 4600, 4601, 4605) 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. Failure to comply with the law relating to the organization and/or internal control of the operation, without the failure to provide information on the transactions subject to mandatory control or on transactions in respect of which the staff of the organization, The carrying out of an operation involving money or other property raises suspicions that they are being carried out for the purpose of legalization (laundering) of proceeds of crime, or the financing of terrorism, resulting in the introduction of the aforementioned to the authorized body in violation of the prescribed time limit, for the The exception to the cases provided for in paragraphs 2 to 4 of this article- shall result in the imposition of a warning or an administrative fine on officials in the amount of ten thousand to thirty thousand roubles; legal entities-from fifty He received around 50,000 rubles ($1,100,000). 2. Acts (omissions) referred to in part 1 of this article which have resulted in the failure of the authorized body to provide information on the operations subject to mandatory control, and (or) the submission to the competent authority of incorrect information about the operations subject to mandatory control and the failure to provide information on transactions in respect of which staff members of the organization carrying out the operation of cash or other property are suspected of being carried out in the purposes of legalization (laundering) of proceeds of crime, or The financing of terrorism is punishable by an administrative fine of between 30,000 and 50,000 rubles; legal entities-from two hundred thousand to four hundred thousand rubles or administrative penalties. Suspension of activities for up to 60 days. 3. Obstruction by an organization carrying out an operation of money or other property, conducting inspections by an authorized or relevant oversight body, or failure to comply with the requirements of those bodies for the purpose of countering The legalization (laundering) of criminally obtained incomes and the financing of terrorism- entails the imposition of an administrative fine on officials in the amount of between 30,000 and fifty thousand rubles, or a suspension of the term from One year to two years; legal entities-from seven hundred thousand to one 1 million rubles or administrative suspension of activities for up to 90 days. 4. Non-compliance by an organization carrying out transactions with funds or other property, or by its official, to combat the legalization (laundering) of proceeds of crime and the financing of terrorism, that resulted in the legalization (laundering) of the proceeds of crime or the financing of terrorism, if such acts (omission) do not constitute a criminal offence, resulting in the legalization (laundering) of proceeds of crime, or the financing of terrorism. imposing an administrative fine on officials in the amount of 50,000 rubles ($11,500) or 1 million rubles ($11,500) a year. Notes: 1. The administrative responsibility established with respect to officials of this article shall not apply to citizens who engage in entrepreneurial activities without the entity of a legal entity. 2. For administrative offences under Parts 1 and 2 of this Article, employees of an organization carrying out an operation of money or other property with the obligation to identify and/or report on Transactions subject to mandatory control or transactions suspected of being carried out in order to legalize (laundering) the proceeds of crime or the financing of terrorism are liable as officials. "; 2) in Article 23.1: a) in Part 1 of the word "article 15.27, part 5," shall be replaced by the words "Part 4 of article 15.27,"; (b) in Part 2 of the words "Parts 3 and 4 of Article 15.27", replace by "Parts 2 and 3 of Article 15.27"; 3) in Part 1 of Article 23.44 of the words " Parts 1 to 4 Article 15.27 (within the limits of its authority) "shall be replaced by the words" Article 15.27, Parts 1 to 3 (within the limits of their authority) "; 4) (Uexpuned-Federal Law dated 23.07.2013. N 249-FZ 5) (Federal Act of 14.10.2014) N 307-FZ) 6) in article 23.62, part 1, article 23.62, replace article 15.27, paragraphs 1 to 4, with the words "article 15.27, Parts 1 to 3 (within the limits of their authority)"; 7) class="doclink "href=" ?docbody= &prevDoc= 102151811&backlink=1 & &nd=102167059" target="contents "title=" "> dated 23.07.2013 N 249-FZ) 8) (Federal Act of 23 July 2013). N 249-FZ 9) in article 23.74, part 1, article 23.74, "Parts 1 to 4 of article 15.27", replace by "Parts 1 to 3 of article 15.27 (within the limits of their authority)"; 10) class="doclink "href=" ?docbody= &prevDoc= 102151811&backlink=1 & &nd=102167059" target="contents "title=" "> dated 23.07.2013 N 249-FZ) 11) in article 28.3, paragraph 81 (2), of article 28.3, the words "of article 15.27, parts 1 to 3" be replaced by the words "article 15.27, paragraph 1, of article 15.27"; 15.27. " President of the Russian Federation Dmitry Medvedev Moscow, Kremlin November 8, 2011 N 308-FZ