On Preventing And Counteracting The Legalization (Laundering) Of Laundering Or Financing Of Terrorism

Original Language Title: Про запобігання та протидію легалізації (відмиванню) доходів, одержаних злочинним шляхом, або фінансуванню тероризму

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Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/249-15

                                                          
With a k o n u r as th n and {Act repealed by law N 1702-VII (1702-18) from 14.10.2014, VVR, 2014, N 50-51, 2057} on preventing and counteracting the legalization (laundering) of laundering or financing of terrorism (the Supreme Council of Ukraine (BD), 2003, N 1, art. 2) {amended in accordance with the laws of N 345-IV (345-15) from 24.12.2002 , SC, 2003, N 5, 48 N 485-IV (485-15) of 06.02.2003, VVR, 2003, N 14, 104 N 1726-IV (1726-15) on 18.05.2004, VVR, 2004, 36 N, c. 433 N 3163-IV (3163-15) from 01.12.2005, VVR, 2006, N 12, 100} {as amended by law N 2258-VI (rating of 2258-17) from 18.05.2010, VVR, 2010 N 29, 392} {amended in accordance with the laws of 3205 N-VI (3205-17) from 07.04.2011 , BD, 2011, N 41, 413 N 3610-VI (3610-17) from Jul 07, VVR, 2012, N 7, 53 N VI-4025 (4025-17) from 15, VVR, 2012, N 25, 263 N 4652-VI (4652-17) from 13.04.2012, VVR, 2013, N 21, 208 N 5083-VI (5083) from 05.07.2012, VVR, 2013, N 33, 435 N 5463-VI (No.5463-17) from 26.10.2012, VVR, 2014, N 4, 61 N 5492-VI (No.5492-17) from 20.11.2012 , VVR, 2013, N 51, 716 N 245-VII (245-18) from 16.05.2013, VVR, 2014, N 12, 178 N 406-VII (406-18) from 04.07.2013, VVR, 2014, N 20-21, 1701 N 712-VII (1701-18) from 14.10.2014, VVR, 2014, N 46, 2048} {in the text of the law the word "Passport" is replaced by the words "passport of citizen of Ukraine", and the words "serial number" and "series and"-the word "number" according to law N 5492-VI (No.5492-17) from 20.11.2012} this law aims at the protection of the rights and lawful interests of citizens , society and the State, by defining a legal mechanism for combating legalization (laundering) of laundering or financing of terrorism and ensure the formation of a national bagatodžerel′noï analytical information that allows the law enforcement agencies of Ukraine and foreign States to detect, verify and investigate crimes related to money laundering and other illegal financial operations.
Chapter I General provisions article 1. Definition of terms 1. In this law the following terms are used in the following meaning: 1) income received crime-any economic benefits obtained as a result of committing a socially dangerous acts preceding the legalization (laundering), which may consist of material property or property, expressed in rights, and also include a movable or immovable property and documents confirming the right to such property or a share in it;
2) socially dangerous acts preceding the legalization (laundering) of the proceeds from crime, the Act for which the Criminal Code of Ukraine (2341-14) provides the basic penalty of imprisonment or a fine of more than three thousand tax-free allowances from citizens (except the acts stipulated in articles 212 and 213-1 of the Criminal Code of Ukraine) (2341-14), or an act committed outside Ukraine, if it recognizes the social dangerous unlawful act that preceded the legalisation (laundering) , according to the criminal law of the State where it was committed, and it is a crime under the Criminal Code of Ukraine (2341-14) as a result of the Commission of any illegally obtained income;
{The paragraph 2 of article 1, as amended by law N VI-4025 (4025-17) from 15} 3) terrorist financing-providing or collecting of assets of any kind with the knowledge that they will be used wholly or partly for the Organization, preparation and Commission of an individual terrorist or terrorist organization defined criminal code of Ukraine (2341-14) a terrorist act, involvement in UAA, public incitement to commit a terrorist act creating a terrorist group or terrorist organization, to commit a terrorist act, or any other terrorist activity, as well as attempts to implement such actions;
4) financial transaction-any action regarding assets, made using the subject of primary financial monitoring;
5) financial monitoring-a set of measures, which are the subjects of financial monitoring in the field of preventing and counteracting the legalization (laundering) of laundering or financing of terrorism, including the conduct of the State financial monitoring and primary financial monitoring;
6) the object of financial monitoring-actions with the assets related to the relevant participants in the financial transactions they carry out, subject to availability of the risks of using these assets with the purpose of legalization (laundering) of the proceeds from crime, or the financing of terrorism, as well as any information about such actions or events, assets and their participants;
7) the State financial monitoring-a set of measures, which are the subjects of the State financial monitoring is designed to fulfill the requirements of legislation on preventing and counteracting the legalization (laundering) of laundering or financing of terrorism: State financial monitoring of the specifically authorized body-a set of measures with the collection, processing and analysis, referred to a body of information about financial transactions that served the primary subjects of financial monitoring and the State and other public bodies , the relevant authorities of foreign countries, as well as measures to check such information in accordance with the legislation of Ukraine;

the State financial monitoring of other subjects of the State financial monitoring-a set of measures that are implemented by the subjects defined by the second paragraph of the third part of article 5 of this law, aimed at fulfilling the requirements of the legislation in the field of preventing and counteracting the legalization (laundering) of laundering or financing of terrorism;
8) primary financial monitoring-a set of measures, which are the subjects of primary financial monitoring aimed at fulfilling the requirements of this law, including mandatory and internal financial monitoring;
9), compulsory financial monitoring-a set of measures, which are the subjects of primary financial monitoring, detection of financial transactions that are subject to mandatory financial monitoring in accordance with article 15 of this law, identification of participants in such operations and study of their activity, accounting for these transactions and information about their members, mandatory reporting of them Specially authorized authority, as well as view information about financial transactions and their participants that have become the object of financial monitoring by Specially authorized body;
10) internal financial monitoring-a set of measures, which are the subjects of primary financial monitoring, detection of financial transactions that are subject to internal financial monitoring in accordance with article 16 of this law, with the use of an approach based on risk assessment for the legalization (laundering) of the proceeds from crime, or the financing of terrorism; keeping records of such transactions, and information about them by participants; view information Specifically authorized body about operations that have a high degree of risk for the legalization (laundering) of the proceeds from crime, or the financing of terrorism, as well as information about financial transactions and their participants, that have become the object of financial monitoring by Specially authorized body;
11) duly executed by the post about the financial transaction, which is subject to financial monitoring, executed and filed to the specifically authorized body in accordance with article 12 of this law, the message about the financial transaction, which is subject to financial monitoring;
12) failure to file the subject of primary financial monitoring information about financial operations subject to financial monitoring, specially authorized authority: failure to file information about financial transactions that are subject to financial monitoring (lack of registered in the specifically authorized body of properly documented and presented to the specified subject of primary financial monitoring (information) about such financial transactions);
re-submitting improperly documented messages (information) about the financial transaction, which is subject to financial monitoring, which is not taken account of the specifically authorized body (under the repeated submission of properly documented (information) about the financial transaction, which is subject to financial monitoring, you must understand the consistent representation of the subject of primary financial monitoring three poorly designed messages about the same financial operations subject to financial monitoring);
13) intentionally presenting the subject of primary financial monitoring of knowingly false information about financial transactions that are subject to financial monitoring, specially authorized authority-intentional submission of knowingly false information about financial transactions that are subject to financial monitoring, which is not true;
14) risks-risk (threat, vulnerable places) for the subjects of primary financial monitoring be used customers by providing them with services according to the nature of their activities for the purpose of legalization (laundering) of the proceeds from crime, or the financing of terrorism;
15) risk management activities, which are the subjects of primary financial monitoring, identifying, evaluating, monitoring and control of risks, aimed to reduce to an acceptable level;
16) specially authorized body-the central body of the Executive power, which implements the State policy in the sphere of prevention and counteraction of legalization (laundering) of laundering or financing of terrorism;
{The Paragraph 16 of article 1, as amended by law N 5463-VI (No.5463-17) from 26.10.2012} 17) assets cash, assets, property and non-property rights;
18) financial operations-client, counterparty, and persons acting on their behalf or for their benefit;
19) client-any person who applies for the provision of services or uses the services of a subject of primary financial monitoring;

{Item 20 of part one article 1 on the basis of Law N 1701-VII (1701-18) from 14.10.2014}

{Paragraph 21 of article 1 on the basis of Law N 1701-VII (1701-18) from 14.10.2014}) end vigodooderžuvač legal person-an individual who independently from formal ownership has the ability to exercise a decisive influence on the management or economic activity

the legal person directly or through other persons, carried out, inter alia, through the implementation of the rights of possession or use of all assets or their significant share rights of decisive influence on the formation of survey results, as well as committing deeds that provide an opportunity to define the terms of economic activity, to give binding instructions or perform the functions of the body, or that has the ability to make an impact through direct or indirect (through another natural or legal person) the possession of one person alone or together with associated physical and/or legal entities share in the legal entity of $ 25 or more per cent of share capital or rights to vote in the legal person.
This individual-the ultimate vigodooderžuvačem of a legal person may not be a person who is an agent, by nominal holder (nominal holder) or are only a mediator on this right;
{Point 22 of article 1 as amended by law N 1701-VII (1701-18) from 14.10.2014} 23) substantial part-direct or indirect ownership stake of 10 percent or more of the authorized capital (Fund), 10 percent or more of shares or rights to vote in a legal entity, a direct or indirect influence on it;
24) vigodooderžuvač-a person for the benefit of or on behalf of which produced a financial operation;
25) business relationships-the relationship between the client and the subject of primary financial monitoring that have arisen on the basis of a contract for the provision of financial or other services;
26) a branch of a foreign bank-isolated structural unit of a foreign bank that does not have the status of legal entity and is banking on the territory of Ukraine;
27) generic materials-information about financial transactions that have been the object of financial monitoring and analysis which the specifically authorized body revealed the suspicion regarding the laundering of proceeds from crime or financing of terrorism or socially dangerous acts preceding the legalization (laundering) of the proceeds from crime. Generic materials have a message about crime and contain the grounds for making law enforcement decisions in accordance with the criminal procedure code of Ukraine (4651-17), as well as to conduct law enforcement and intelligence authorities operational and investigation activities. The form and structure of generalized material are set by the central body of the Executive power, which ensures the formation of State policy in the field of preventing and counteracting the legalization (laundering) of laundering or financing of terrorism, in consultation with the law enforcement authorities;
{Point 27 of article 1, as amended in accordance with the laws of 4652 N-VI (4652-17) from 13.04.2012, N 5463-VI (No.5463-17) from 26.10.2012} 28) additional generic materials-information collected on the basis of additional information received, in addition to previously filed generalized materials;
29) public figures-national public figures, foreign public figures, figures that perform a significant function in the international organization, and their related entities.
National public figures are individuals who perform public functions in Ukraine, namely the President, the Prime Minister of Ukraine, the Cabinet of Ministers of Ukraine, first Deputy Minister, Deputy Minister, other leaders of central executive bodies and their deputies; The Chairman and members of the Central Electoral Commission; people's deputies of Ukraine; Chairman and members of the Board of the National Bank of Ukraine, members of the Board of the National Bank of Ukraine; The Chairman and judges of the Constitutional Court of Ukraine, the Chairman and judges of the Supreme Court of Ukraine, the Chairman and judges of higher specialized courts, members of the Higher qualification Commission of judges, members of the High Council of Justice; General Prosecutor of Ukraine and his deputies; The Chairman and members of the Chamber;
extraordinary and povnovažnì ambassadors; The Chief of the General Staff-Commander-in-Chief of the armed forces, chiefs of army, air force, Navy; The head of the security service of Ukraine and his deputies; The head of the Antimonopoly Committee of Ukraine and his deputies; members of the National Council of Ukraine on television and radio broadcasting; servants, posts which are attributed to the first and second categories of posts;
the leaders of the regional territorial central bodies of executive power and equated to them, prosecutors regions and equated to them, the leaders of the regional territorial security service of Ukraine, Chairman of the courts; leaders of the administrative, management or supervisory bodies of the State and Treasury businesses, business associations, the State share in the authorized capital exceeds 50 per cent; executives of the statutory bodies of the political parties; members of the central statutory organs of political parties.
Foreign public figures are individuals who perform public functions in foreign countries, namely the head of State, head of Government, Ministers and their deputies; the deputies of the Parliament;
the Chairman and members of the governing boards of central banks; members of the Supreme Court, the Constitutional Court or other judicial bodies, the decisions of which

are not subject to appeal, except for exceptional circumstances;
extraordinary and povnovažnì ambassadors, attorneys in the cases; leaders of the central organs of military management; leaders of the administrative, management or supervisory bodies of the State enterprises; officials of political parties.
Figures that perform a significant function in the international organization is the officials of international organisations holding or occupied during the last three years in these executive positions, namely: the directors, heads of boards or their deputies, or perform any other executive functions at the highest level in international organizations, including in international intergovernmental organizations, members of international parliamentary assemblies, judges and senior officials of international courts.
Associated entities of national public figures, and foreign public figures, figures that perform a significant function in the international organization, are their family members, as well as legal entities, the final vigodooderžuvačami or owners of substantial participation there are figures or their family members. When family members are individuals who are married, their children (including age) and their spouses, parents, persons under guardianship and care, other persons who share living, related to common life have reciprocal rights and obligations, including persons living together but not married;
{Item 29 of part one article 1, as amended by law N 1701-VII (1701-18) from 14.10.2014} 30) international sanctions-sanctions that are recognized by Ukraine in accordance with international treaties or decisions of international organizations regarding the freezing of assets, the decision of which shall be in accordance with international agreements;
31) flawless business reputation-set confirmed the information about the person, giving the opportunity to make a conclusion on the compliance of its activities with the requirements of the legislation, as well as for individuals about appropriate professional, managerial skills and the absence of facial conviction for acquisitive crimes and crimes in the sphere of economic activity, not removed or is not paid in accordance with the law;
32) detached unit subject of primary financial monitoring-branch, another section of the subject's primary financial monitoring, which is situated outside its territory and which conducts financial transactions or provides them with exercise, including providing services on behalf of a subject of primary financial monitoring;
33) high risk-the result of the risk assessment of the subject of primary financial monitoring, which is based on the analysis of the totality of certain criteria, which indicates a high probability of use subject for laundering of proceeds from crime, and/or the financing of terrorism;
34) non-profit organizations-legal entities established for the implementation of scientific, educational, cultural, recreational, environmental, religious, charitable, social and other activities to meet the needs and interests of citizens within the limits defined by legislation, without profit.
Article 2. Scope of the law 1. The action of this law applies to citizens of Ukraine, foreigners and stateless persons, as well as legal entities, their branches, representative offices and other separated units to ensure the carrying out of financial operations on the territory of Ukraine and abroad in accordance with international agreements of Ukraine, consent to be bound by the Verkhovna Rada of Ukraine.
Article 3. Legislation in the field of preventing and counteracting the legalization (laundering) of laundering or financing of terrorism 1. The relations that arise in the field of preventing and counteracting the legalization (laundering) of laundering or financing of terrorism, shall be governed by this law, other laws of Ukraine regulating the activity of subjects of financial monitoring, as well as the regulations of the central body of the Executive power, which ensures the formation of State policy in the field of preventing and counteracting the legalization (laundering) of laundering or financing of terrorism, and other government agencies authorized to regulate the activity of subjects of primary financial monitoring taken on the implementation of this law.
{Article 3 amended pursuant to the law N 5463-VI (No.5463-17) from 26.10.2012} Article 4. Actions that belong to the legalization (laundering) of proceeds from crime 1. The legalization (laundering) of the proceeds from crime, includes any action related to the funds (property) acquired (drawn) as a result of the Commission of crimes aimed at hiding the origin specified funds (property) or assistance to a person who is an accomplice in the Commission of a crime, that is the source of the origin of these funds (property).
Chapter II the SYSTEM of FINANCIAL MONITORING of Article 5. System and the subjects of financial monitoring 1. Financial monitoring system consists of two levels-primary and the State.
2. The subjects of primary financial monitoring are: 1) the banks, insurers (reinsurers) pawnbrokers, credit unions, and other financial institutions;
2) payment organization, members of the payment systems, ekvajringovì

and clearing institutions;
3) commodity, stock and other exchanges;
4) professional participants of the securities market;
5) asset management company;
6) postal operators, and other institutions that conduct financial transactions with transfer of funds;
7) branches or representatives of foreign business entities that provide financial services on the territory of Ukraine;
8) specifically identified subjects of primary financial monitoring: a) the subjects of business activity, which provide intermediary services during the operations of purchase-sale of real estate;
b) business entities that carry trade for cash precious metals and precious stones and jewelry from them, if the amount of the financial transaction equals or exceeds the amount specified in the first part of article 15 of this law;
in) business entities that conduct lotteries and gambling, including casinos, electronic (virtual) Casino;
g) notaries, attorneys, auditors, accounting firms, individuals – entrepreneurs, who provide services to the accounting, economic entities that provide legal services (with the exception of persons who provide services in the context of labour relations) in cases envisaged by articles 6 and 8 of this Act;
e) physical persons-entrepreneurs and legal entities that conduct financial transactions with goods (perform work, provide services) in cash, provided that the amount of such financial transactions equal to or greater than the amount specified in the first part of article 15 of this law, in the cases stipulated in articles 6 and 8 of this Act;
9) other legal persons for their legal status are not financial institutions, but to provide individual financial services.
3. The subjects of the State financial monitoring are: National Bank of Ukraine, the central body of the Executive power, which provides forming and implementing State policy in the field of preventing and counteracting the legalization (laundering) of laundering or financing of terrorism, the Ministry of Justice of Ukraine, central executive bodies to ensure the formation of the State policy in the areas of providing postal services and economic development, the National Commission on securities and stock market , the National Commission, which carries out State regulation in the sphere of financial services markets;
{The second paragraph of part three article 5 amended in accordance with the laws of 3610 N-VI (3610-17) from Jul 07, N 5463-VI (No.5463-17) from 26.10.2012} specially authorized body.
Article 6. Tasks, responsibilities and rights of the subject of primary financial monitoring 1. Subject of primary financial monitoring with regard to the requirements of legislation, normative-legal acts of Central Executive authority, which ensures the formation of State policy in the field of preventing and counteracting the legalization (laundering) of laundering or financing of terrorism, and other subjects of financial monitoring of the State sets the rules, developing a program of conducting financial monitoring and appoint an employee responsible for it, except certain subjects of primary financial monitoring that conduct their activities alone without formation of the legal person, and the persons referred to in sub-item "e" paragraph 8 of part two of the article 5 of this law.
{Part one of article 6 amended by law N 5463-VI (No.5463-17) from 26.10.2012}

2. Subject of primary financial monitoring is obliged to: 1) be registered in the Specifically authorized body as subject of primary financial monitoring and in the event of termination of the activity report is a specially authorized body established by the National Bank of Ukraine for banks and the Cabinet of Ministers of Ukraine for other subjects of primary financial monitoring;
2) to carry out the identification and study of clients in cases established by law;
3) provide for the detection of financial transactions that are subject to financial monitoring, early in the process, the day of the occurrence of suspicious after them or trying them or after the failure of the client from them;
4) provide risk management in its activities concerning the legalization (laundering) of the proceeds from crime, or the financing of terrorism and to develop criteria for risk;
5) provide for the registration of financial operations subject to financial monitoring, not later than the next working day from the date of their detection;
6) notify the specially authorized authority about: a) the financial transactions that are subject to mandatory financial monitoring, within three working days from the day of their registration or attempts to them;
b) financial transactions that are subject to internal financial monitoring if there is good reason to suspect that they are related to the legalization (laundering) of the proceeds from crime, on the day of the occurrence of a suspicion, but no later than ten working days from the date of registration of such transactions or attempt them;
in) discovered financial transactions concerning which there are reasonable grounds to suspect that they are related to, or intended for the financing of terrorism, on the day of their discovery or attempt them, but also inform about it are defined by the law-enforcement bodies;

7) you receive from the specifically authorized body of the message about incorrect (wrong) fields in an e-mail message about the financial transaction, which is subject to financial monitoring, apply within three working days to the specifically authorized body of properly made a post about this financial operation;
8) to promote within existing legislation to employees of the specifically authorized body to conduct analysis of financial transactions;
9) provide on request the specifically authorized body of additional information about financial transactions that have become the object of financial monitoring, copies of original documents, on the basis of which were held by the following operations and related financial transactions, information about their members, as well as other information, such as the one that is a banking or commercial secret, the secret, copies of documents necessary for the execution of the tasks assigned to the Specially authorized body tasks within five working days from the date of receipt of the request;
10) provide on request the specifically authorized body of information (including copies of documents) necessary for the performance of a query that comes from the authorized body of the foreign State, particularly one that is a banking or commercial secret, within five working days from the date of receipt of the request;
11) provide on request the specifically authorized body of information tracking (monitoring) of the client's financial operations, which have become the object of financial monitoring.
The procedure for the provision of such information (z0601-12) established the central body of the Executive power, which ensures the formation of State policy in the field of preventing and counteracting the legalization (laundering) of laundering or financing of terrorism, in coordination with the relevant entities of the State financial monitoring;
{Item 11 of part two article 6 amended by law N 5463-VI (No.5463-17) from 26.10.2012} 12) in the case of impossibility to ensure compliance with the terms set out in paragraphs 9 and 10 of part two of this article, for objective reasons, given the amount of information requested (form submission-e-or writing, copying or scanning, the reception of data from archives, etc.) are aligned with the specifically authorized body during the work day on the day of receipt of the request but not later than the next working day deadline requested information. The procedure for approval of (z0916-10) established the central body of the Executive power, which ensures the formation of State policy in the field of preventing and counteracting the legalization (laundering) of laundering or financing of terrorism, in coordination with the relevant entities of the State financial monitoring;
{Item 12 of part two article 6 amended by law N 5463-VI (No.5463-17) from 26.10.2012} 13) provide at the request of the appropriate entity of the State financial monitoring information necessary to verify the facts of violation of the requirements of the legislation in the field of preventing and counteracting the legalization (laundering) of laundering or financing of terrorism;
14) take measures to prevent disclosure (in particular individuals in respect of financial operations which produced check) the information supplied by the Specifically authorized body and other information for financial monitoring (including the fact that the submission of such information or request from the specifically authorized body);
15) keep documents for identification of the persons who conducted a financial operation that according to this law shall be subject to financial monitoring, as well as all documents relating to the business relationship with the customer, not less than five years after termination of the business relationship, and all the necessary data about transactions-not less than five years after the completion of the operation (the terms of storage of documents can be extended to the appropriate entity of the State financial monitoring in order prescribed by law);
16) to provide the documentary prompted unimpeded access of subjects of financial monitoring of the State and law enforcement documents or information contained in them, in accordance with the law;
17) on behalf of the authorized body, provided for the purpose of fulfilling the request of the authorized body of the foreign State on the respective financial transaction as such that can be connected with the legalization (laundering) of proceeds from crime or financing of terrorism, stop holding or ensure the monitoring of the financial transaction concerned in order (z1694-12), established by the central body of the Executive power, which ensures the formation of State policy in the field of preventing and counteracting the legalization (laundering) of , laundering or financing of terrorism, in coordination with the relevant entities of the State financial monitoring;
{Item 17 of part two article 6 amended by law N 5463-VI (No.5463-17) from 26.10.2012}) to provide development and keeping the rules, programs, conducting financial monitoring with regard to the requirements of legislation;
19) annually conduct an internal inspection of its activities on the

compliance in the area of preventing and counteracting the legalization (laundering) of laundering or financing of terrorism;
20) ensure training of employees responsible for carrying out financial monitoring, by training at least once every three years;
21) take on a regular basis training activities to identify financial transactions that are subject to financial monitoring under this Act, by means of educational and practical work;
22) to detect financial transactions that are subject to mandatory financial monitoring in accordance with article 15 of this law;
23) to conduct analysis of financial transactions aimed at identifying those subject to internal financial monitoring in accordance with article 16 of this law;
24) to find out the purpose and character of the future business relations with customers;
25) constantly updated according to legislation and internal procedures, information on the content of the activity of the client and its financial position;
26) to conduct analysis of financial transactions carried out by the customer, existing information about the content of its activities and financial position;
27) take appropriate measures to limit the risk of abuse related to the services provided by using the latest technologies, in particular to ensure the conduct of operations without direct contact with the client.
3. the subject of primary financial monitoring is obliged to independently the classification of its clients taking into account the criteria of risk (z0909-10), defined by the central body of the Executive power, which ensures the formation of State policy in the field of preventing and counteracting the legalization (laundering) of laundering or financing of terrorism, and engaged in the regulation and supervision of their activities during financial transactions that may be associated with the legalization (laundering) of income , laundering or financing of terrorism, and to take precautionary measures for clients whose activities are indicative of increased risk of holding them for such operations.
{Part three article 6 amended by law N 5463-VI (No.5463-17) from 26.10.2012}

4. Subject of primary financial monitoring is obliged to carry out the following measures: 1) with respect to foreign financial institutions, which established correspondent relations in accordance with the appropriate entity of the State financial monitoring referred to in the second paragraph of part three article 5 of this law: {Item 1 part four article 6 amended by law N 5463-VI (No.5463-17) from 26.10.2012}) to provide information about the content of the activities of the financial institution and its financial condition , reputation, and what was this institution subject to the application of measures of influence on the part of the body that carries out the regulation and supervision of its activities in the field of preventing and counteracting the legalization (laundering) of laundering or financing of terrorism;
b) install, that measures taken by the Agency to prevent and counteract the legalization (laundering) of laundering or financing of terrorism;
in figuring out) on the basis of the received information the sufficiency and effectiveness of the measures, which carries out foreign institution for combating legalization (laundering) of proceeds from crime or financing of terrorism;
g) open correspondent accounts to foreign financial institutions and foreign financial institutions with the permission of the Manager;
2) concerning public figures, the fact of belonging to the customer or a person acting on his behalf, reveals in accordance with internal procedures while establishing the business relationship with the client and in the course of his service: {first Paragraph of paragraph 2 of part four article 6 as amended by law N 1701-VII (1701-18) from 14.10.2014}) set with the permission of the head of the subject's primary financial monitoring relations with public figures;
{Sub a of paragraph 2 of part four article 6 amended by law N 1701-VII (1701-18) from 14.10.2014} b) take measures to determine the origin of the funds of such persons;
in) hold with the advice of the appropriate entity of the State financial monitoring monitoring operations, or vigodooderžuvačami which are public figures, in a manner described for high risk clients;
{Sub "in" paragraph 2 of part four article 6 amended by law N 1701-VII (1701-18) from 14.10.2014} 3) with respect to charitable and non-profit organizations to take measures to limit the risk of their use for the purpose of legalization (laundering) of the proceeds from crime, or the financing of terrorism on the basis of the recommendations of the appropriate entity of the State financial monitoring.
5. The implementation of the measures stipulated by the legislation on the prevention of the legalization (laundering) of laundering or financing of terrorism, is provided directly to the subject of primary financial monitoring, its affiliates, other separated units and subsidiaries, including those in the States, in which the recommendations of the Group of

development of financial measures to combat money-laundering (FATF) does not apply or apply insufficient extent within the limits defined by the legislation of such State. If the application of these measures is not permitted by the laws of this State, the primary subjects of financial monitoring is obliged to notify the Specifically authorized body and subject of the State financial monitoring on the impossibility of taking these measures.
At the same time the subject of primary financial monitoring takes appropriate preventive measures aimed at strengthening customer identification to establish business relationships with individuals or companies from these countries; the systematic notification of financial transactions with customers of the respective countries; warning the representatives of the non-financial sector that transactions with natural or legal persons in the relevant countries can contain the risk of money laundering money laundering or financing of terrorism.
6. The provisions of paragraphs 4, 11 and 12 of part two of this article do not apply to specially defined subjects of primary financial monitoring.
The provisions of subparagraph a of paragraph 6 and paragraph 22 of part two of this article do not apply to specially defined subjects of primary financial monitoring, in addition to the subjects mentioned in subparagraph "c" of item 8 of part two of the article 5 of this law.
The provisions of paragraphs 18, 19, 20, 21, 24, 25, 26, 27 of part two, and part of the third-fifth of this article do not apply to specially defined subjects of primary financial monitoring referred to in sub-item "e" paragraph 8 of part two of the article 5 of this law.
7. Subject of primary financial monitoring in order to perform the tasks assigned to the task of this Act has the right to contact with inquiries to the executive authorities, law enforcement agencies, the National Bank of Ukraine, legal entities, which, in accordance with the legislation shall inform about the results of the consideration of such a request.
8. managers and employees subjects of primary financial monitoring, responsible for carrying out financial monitoring in the event of violation of the requirements of this law bear responsibility according to the law.
Requirements for checking financial institutions an impeccable business reputation and professional criteria candidates indicated in this part of the article positions are established by the respective entities of the State financial monitoring.
9. responsibility for compliance with the requirements of the legislation in the field of preventing and counteracting the legalization (laundering) of laundering or financing of terrorism shall be the head of the subject's primary financial monitoring.
In the case of the procedure of liquidation of the subject's primary financial monitoring, including declaring it bankrupt, or the appointment of an interim administration responsible for the implementation of paragraphs 9, 10 part two article 6 of this law are in accordance with the members of the liquidation Committee, liquidator or provisional administrator.
Article 7. The legal status of an employee of the subject of primary financial monitoring Department, responsible for carrying out financial monitoring 1. The employee who is responsible for carrying out financial monitoring Department (hereinafter owner laborer), appointed ex officio at the level of leadership of the subject's primary financial monitoring.
The appointment and dismissal of the responsible employee of the Bank (branch of the foreign bank) are carried out in consultation with the National Bank of Ukraine.
2. The authority of the responsible employee of the subject of primary financial monitoring include: 1) the decision to post the specifically authorized body of financial transactions that are motivated by the suspicion that they are related to the legalization (laundering) of the proceeds from crime, or if they are related to or intended for the financing of terrorism;
2) decision to inform the law enforcement, financial operations, for which there is a suspicion that they are related to or intended for the financing of terrorism;
3) exercising the checks of activity of any business unit subject of primary financial monitoring and its employees concerning the observance of internal financial monitoring and enforcement programs carrying out financial monitoring;
4) right of access to all premises, documents, means of telecommunications subject of primary financial monitoring;
5) bringing any employees subject of primary financial monitoring to the implementation of measures to prevent the legalization (laundering) of laundering or financing terrorism and checks on these issues;
6) organization development and submission for approval, and implementation of, the implementation of internal financial monitoring and the implementation of financial monitoring;
7) receiving explanations from the employees of the subject's primary financial monitoring irrespective of their posts on conducting financial monitoring;
8) facilitate the carrying out by the authorized representatives of the relevant authorities of the State financial monitoring inspections

activity subject of primary financial monitoring for compliance with the legislation on the prevention of the legalization (laundering) of laundering or financing of terrorism;
9) decision to provide information for financial monitoring to the requests of the specifically authorized body and law enforcement;
10) perform other tasks according to the law.