667 position. Legislative base of the Russian Federation. I. General provisions and features of issuing visas in the form of an electronic document

  • 06.03.2020

Decree of the Government of the Russian Federation of May 30, 2017 N 667 "On establishing the features of issuing visas in the form electronic document and entry into the Russian Federation on the basis of visas in the form of an electronic document of citizens of foreign states arriving in the Russian Federation through checkpoints across the state border of the Russian Federation located on the territory of the free port of Vladivostok, and on amending the Regulations on the state system of migration and registration registration, as well as the production, execution and control of the circulation of identity documents"

On the peculiarities of issuing visas in the form of an electronic document and entry into the Russian Federation on the basis of visas in the form of an electronic document of citizens of foreign states arriving in the Russian Federation through checkpoints across the state border of the Russian Federation located on the territory of the free port of Vladivostok;

Which are included in the state system of migration and registration records, as well as the production, execution and control of the circulation of identity documents, approved by the Government of the Russian Federation of August 6, 2015 N 813 "On approval of the Regulations on the state system of migration and registration records, as well as production, execution and control of the circulation of identity documents" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2015, N 33, item 4843; 2016, N 19, item 2691).

2. The Ministry of Transport of the Russian Federation shall ensure that checkpoints across the state border of the Russian Federation located on the territory of the free port of Vladivostok (hereinafter referred to as checkpoints) are equipped with software and hardware complexes of the departmental segment of the Federal Security Service of the Russian Federation, including solutions for the information security system and software technical means that ensure the registration of migration cards, data transfer and automated registration of the state system of migration and registration records, as well as the production, execution and control of the circulation of identity documents (hereinafter referred to as the "Mir" system), in order to ensure the verification of the availability of visas in the form an electronic document (hereinafter referred to as an electronic visa) from citizens of foreign states, the list of which is determined by the Government of the Russian Federation (hereinafter referred to as a foreign citizen), and the implementation of entry into the Russian Federation, stay in the Russian Federation ration and departure from the Russian Federation of foreign citizens arriving in the Russian Federation in accordance with the established procedure through checkpoints on the basis of electronic visas, within the following terms:

Until January 1, 2018 - border checkpoints "Pogranichny", "Khasan", "Makhalino", automobile checkpoints "Poltavka", "Turiy Rog", sea checkpoints "Zarubino", "Petropavlovsk-Kamchatsky", "Korsakov" , "Posyet";

After completion of construction (reconstruction) work within the framework of the federal target program "State Border of the Russian Federation (2012-2021)" - automobile checkpoints "Pogranichny", "Kraskino", sea checkpoint "Nakhodka" (1st cargo area, 2nd cargo area);

As they are equipped with the appropriate software and hardware systems, on the basis of decisions of the Government of the Russian Federation, the rest of the checkpoints.

A specialized site for processing applications of foreign citizens for obtaining an electronic visa with the introduction of the necessary changes to existing consular automated information systems;

Automated information system for informing transport companies-carriers on issued electronic visas to foreign citizens entering the Russian Federation through checkpoints.

4. The Ministry of Transport of the Russian Federation, in accordance with the established procedure, notify the state bodies in the field of transport of foreign states, the list of which is approved by the Government of the Russian Federation, of the adoption of this resolution in order to bring to the attention of the transport companies of the relevant foreign states.

5. To the Ministry of Communications and mass communications the Russian Federation and the Federal Security Service of the Russian Federation to develop departmental segments of the Mir system by August 1, 2017.

7. The Ministry of Telecom and Mass Communications of the Russian Federation to determine the requirements for integration information systems, information interaction and data exchange format as part of the implementation of entry into the Russian Federation, stay in the Russian Federation and departure from the Russian Federation of foreign citizens arriving in the Russian Federation through checkpoints on the basis of electronic visas.

8. The implementation of the powers arising from this resolution is carried out within the established headcount federal executive bodies, as well as budget allocations provided for these bodies in federal budget within the established functions.

Position
on the peculiarities of issuing visas in the form of an electronic document and entry into the Russian Federation on the basis of visas in the form of an electronic document of citizens of foreign states arriving in the Russian Federation through checkpoints across the state border of the Russian Federation located on the territory of the free port of Vladivostok

1. This Regulation establishes the specifics of issuing ordinary single-entry business, tourist and humanitarian visas in the form of an electronic document (hereinafter referred to as electronic visas) and entry into the Russian Federation on the basis of electronic visas for citizens of foreign states, the list of which is determined by the Government of the Russian Federation, arriving in the Russian Federation through checkpoints across the state border of the Russian Federation located on the territory of the free port of Vladivostok (hereinafter respectively - checkpoints, foreign citizen).

2. To obtain an e-visa, a foreign citizen, at least 4 days before the expected date of entry, fills out an application for an e-visa on a specialized website of the Ministry of Foreign Affairs of the Russian Federation in electronic form and attaches to it digital photography in the form of an electronic file (hereinafter referred to as the application for an electronic visa), and also consents to the automated processing, transfer and storage of the data specified in the application for an electronic visa for the purpose of issuing an electronic visa.

The application form for obtaining an electronic visa is established by the Ministry of Foreign Affairs of the Russian Federation in agreement with the Federal Security Service of the Russian Federation.

3. An application for obtaining an electronic visa is processed by the Ministry of Foreign Affairs of the Russian Federation in an automated mode with the assignment of an identification number.

4. If a decision is made to issue an e-visa, the Ministry of Foreign Affairs of the Russian Federation forms an e-visa and sends the details of the issued e-visa no later than 2 days from the date of filling out the application for an e-visa to state system migration and registration records, as well as the production, execution and control of the circulation of identity documents (hereinafter referred to as the "Mir" system), through the use of an interdepartmental reserved data processing center, which is part of the departmental segment of the Ministry of Telecom and Mass Communications of the Russian Federation of the "Mir" system, for transfer to the departmental segments of the Federal Security Service of the Russian Federation and the Ministry of Internal Affairs of the Russian Federation of the Mir system.

5. The Ministry of Foreign Affairs of the Russian Federation works with the Mir system through a unified system of interdepartmental electronic interaction.

6. Within 2 days from the date of transfer by the Ministry of Foreign Affairs of the Russian Federation of the data of the issued electronic visa to the unified system of interdepartmental electronic interaction, these data are automatically received through the interdepartmental reserved data processing center, which is part of the departmental segment of the Ministry of Telecom and Mass Communications of the Russian Federation of the system " Mir" to the departmental segment of the Federal Security Service of the Russian Federation of the "Mir" system and transmitted to the checkpoints, and a notification about the delivery of data to the checkpoints is returned to the Ministry of Foreign Affairs of the Russian Federation.

Data exchange is carried out in accordance with the format approved by the Ministry of Telecom and Mass Communications of the Russian Federation in agreement with the Ministry of Foreign Affairs of the Russian Federation, the Federal Security Service of the Russian Federation and the Ministry of Internal Affairs of the Russian Federation.

7. A foreign citizen receives information about the issued e-visa by the identification number of the electronic application for an e-visa.

Russian Federation

Decree of the Government of the Russian Federation of 30.06.2012 N 667 "On approval of the requirements for internal control rules developed by organizations carrying out operations with monetary funds or other property (with the exception of credit organizations) and recognition of some acts of the Government of the Russian Federation who have lost the strength of the Russian Federation"

In accordance with the Federal Law "On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism", the Government of the Russian Federation decides:

1. Approve the attached requirements for the rules internal control developed by organizations that carry out operations with in cash or other property (except credit organizations).

2. Establish that the internal control rules in force prior to the entry into force of this resolution are subject to bringing organizations engaged in transactions with cash or other assets (except for credit institutions) in line with the requirements approved by this resolution within one month.

3. Recognize as invalid:

Decree of the Government of the Russian Federation of January 8, 2003 N 6 "On the procedure for approving the rules of internal control in organizations carrying out transactions with cash or other property" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2003, N 2, Art. 188);

1. This document defines the requirements for the development of internal control rules by organizations (with the exception of credit institutions, including those that are professional participants in the securities market) that carry out transactions with cash or other property (hereinafter referred to as the organization, internal control rules, respectively) in order to counter the legalization (laundering) of proceeds from crime and the financing of terrorism.

2. Internal control rules are developed in accordance with the legislation of the Russian Federation.

3. Internal control rules are a document that:

a) regulates the organizational framework for work aimed at countering the legalization (laundering) of proceeds from crime and the financing of terrorism in the organization;

b) establishes the duties and procedure for the actions of officials and employees for the purpose of exercising internal control;

C) determines the terms for fulfilling obligations for the purpose of internal control, as well as the persons responsible for their implementation.

4. The internal control rules include the following internal control programs:

a) a program that determines the organizational basis for the implementation of internal control (hereinafter referred to as the program for organizing internal control);

b) the program for identification of clients, representatives of clients and (or) beneficiaries (hereinafter referred to as the identification program);

C) a program for assessing the degree (level) of the risk of the client performing transactions related to the legalization (laundering) of proceeds from crime and the financing of terrorism (hereinafter referred to as the risk assessment program);

d) a program for detecting transactions (transactions) subject to mandatory control and transactions (transactions) that have signs of connection with the legalization (laundering) of proceeds from crime or the financing of terrorism (hereinafter referred to as the program for detecting transactions);

E) a program for documenting information;

E) a program regulating the procedure for suspending operations in accordance with the Federal Law "On Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism" (hereinafter, respectively, the Federal Law, the program for suspending operations (transactions));

g) a training and education program for employees of the organization in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism;

h) a program for checking the implementation of internal control;

i) a program for storing information and documents obtained as a result of the implementation of programs for the implementation of internal control in order to combat the legalization (laundering) of proceeds from crime and the financing of terrorism (hereinafter referred to as the information storage program).

5. The internal control rules establish the powers, as well as the duties assigned to a special official responsible for the implementation of the internal control rules (hereinafter referred to as the special official).

6. The internal control rules are approved by the head of the organization.

7. The program for the organization of internal control is developed taking into account the following conditions:

a) in an organization in accordance with paragraph 2 of Article 7 federal law a special official is appointed;

B) in an organization (taking into account the peculiarities of its structure, staffing, client base and the degree (level) of risks associated with the organization's clients and their operations), a structural unit can be formed or determined that performs the functions of countering the legalization (laundering) of income received crime and financing of terrorism;

C) the program contains a description of the internal control system in the organization and its branch (branches) (if any), the procedure for interaction structural divisions organizations on the implementation of internal control rules.

8. The identification program includes the following procedures for the implementation of measures to identify the client, client representative and (or) beneficiary:

A) the establishment of information specified in Article 7 of the Federal Law in relation to the client, the representative of the client and (or) the beneficiary;

b) verification of the presence or absence in relation to the client, the representative of the client and (or) the beneficiary of information about their involvement in extremist activities or terrorism, obtained in accordance with paragraph 2

C) determination of whether the client, the representative of the client and (or) the beneficiary belongs to the number of foreign public officials;

D) identification of legal and individuals who, respectively, are registered, domiciled or located in a state (in a territory) that does not comply with the recommendations of the Financial Action Task Force on Money Laundering (FATF), or using bank accounts registered in a specified state (in a specified territory);

e) assessment and assignment to the client of the degree (level) of risk of the client's transactions related to the legalization (laundering) of proceeds from crime and the financing of terrorism (hereinafter referred to as risk), in accordance with the risk assessment program;

f) updating the information obtained as a result of identifying the organization's clients, establishing and identifying beneficiaries.

9. The identification program may additionally provide for the establishment and recording of the following data received by the organization in accordance with paragraph 5.4 of Article 7 of the Federal Law:

a) date of state registration legal entity;

b) postal address of the legal entity;

c) the composition of the founders (participants) of the legal entity;

d) the composition and structure of the legal entity's management bodies;

e) the size of the authorized (share) capital or the size of the authorized fund.

10. When identifying a legal entity (with its consent), it may be envisaged to establish and fix codes for the forms of federal state statistical observation.

11. The identification program in order to implement the requirements established by Article 7.3 of the Federal Law provides for:

the procedure for identifying foreign public officials, as well as their spouses and close relatives among individuals who are or are accepted for service;

the procedure for accepting foreign public officials for service, as well as measures to determine the sources of origin of funds or other property of foreign public officials.

12. The identification program determines the methods and forms of fixing the information (information) received by the organization as a result of identifying customers, customer representatives, beneficiaries, carrying out the activities provided for in paragraph 8 of this document, as well as the procedure for updating the specified information.

13. The risk assessment program defines the procedures for assessing and assigning a degree (level) of risk to a client, taking into account the requirements for its identification:

A) in the event of a contractual relationship with the client (accepting him for service);

b) in the course of customer service (as operations (transactions) are performed);

c) in other cases provided for by the organization in the rules of internal control.

14. The risk assessment program provides for the assessment of the risk of clients based on the signs of transactions, types and conditions of activity that have an increased risk of clients performing transactions for the purposes of legalization (laundering) of proceeds from crime and financing of terrorism, taking into account the recommendations of the Financial Action Task Force money laundering (FATF).

15. The risk assessment program provides for the procedure and frequency for monitoring the operations (transactions) of the client in order to assess the degree (level) of risk and subsequent control over its change.

16. The program for identifying transactions provides for procedures for identifying:

a) operations (transactions) subject to mandatory control in accordance with Article 6 of the Federal Law;

B) operations (transactions) subject to documentary fixation in accordance with paragraph 2 of Article 7 of the Federal Law on the grounds specified therein;

c) unusual transactions (transactions), including those falling under the criteria for identifying and signs of unusual transactions, the implementation of which may be aimed at the legalization (laundering) of proceeds from crime or the financing of terrorism.

17. The program for identifying transactions in order to identify transactions (transactions) provided for in clause 16 of this document (hereinafter referred to as transactions subject to control) provides for ongoing monitoring of transactions (transactions) of clients.

18. The program for identifying transactions in order to identify unusual transactions, the implementation of which may be aimed at the legalization (laundering) of proceeds from crime, or the financing of terrorism, provides for increased attention (monitoring) to transactions (transactions) of clients classified as a high-risk group .

19. The program for detecting transactions in order to identify transactions (transactions), the implementation of which may be aimed at legalization (laundering) of proceeds from crime or financing of terrorism, includes criteria for identifying unusual transactions and their signs.

20. The program for identifying transactions provides for the procedure for informing an employee of an organization that has identified a transaction (transaction) subject to control, a special official for the latter to make a decision on further actions in relation to the operation (transaction) in accordance with the Federal Law, this document and the rules of internal control.

21. The transaction detection program provides for the identification of signs of an unusual transaction (transaction) of the client, an analysis of other transactions (transactions) of the client, as well as information available to the organization about the client, the client’s representative and the beneficiary (if any) in order to confirm the validity of suspicions in the implementation operations (transactions) or a number of operations (transactions) for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism.

22. The program for identifying transactions provides for the study by the organization of the grounds and goals for performing all identified unusual transactions (transactions), as well as fixing the results in writing.

23. The program for identifying transactions provides for the procedure and cases for the organization to take the following additional measures to study the identified unusual transaction (transaction):

A) obtaining from the client the necessary explanations and (or) additional information explaining the economic meaning of an unusual operation (transaction);

B) ensuring increased attention (monitoring) in accordance with this document to all operations (transactions) of this client in order to obtain confirmation that their implementation can be aimed at legalization (laundering) of proceeds from crime or financing of terrorism.

24. The program for detecting transactions provides for the decision by the head of the organization or an official authorized by him:

A) on the recognition of the operation (transaction) of the client subject to mandatory control in accordance with Article 6 of the Federal Law;

b) on recognition of the identified unusual operation (transaction) as a suspicious operation (transaction), the implementation of which may be aimed at the legalization (laundering) of proceeds from crime or the financing of terrorism;

C) about the need to take additional measures to study the unusual operation (transaction) of the client;

d) on the provision of information on the operations provided for in subparagraphs "a" and "b" of this paragraph to the Federal Service for financial monitoring.

25. The program of documentary fixation of information provides for the procedure for obtaining and fixing information (information) on paper and (or) other information carriers in order to implement the Federal Law, other regulatory legal acts in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism , as well as the internal control rules of the organization.

26. The program for documenting information provides for documenting information when signs of a client committing:

a) an operation (transaction) subject to mandatory control in accordance with Article 6 of the Federal Law;

b) an operation (transaction) falling under the criteria for identifying and (or) signs of an unusual operation (transaction);

C) another operation (transaction) in respect of which there are suspicions that it is carried out for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism.

27. The program of documenting information provides for the preparation by an employee of the organization who has identified an operation (transaction) subject to control of an internal message - a document containing the following information about such an operation (transaction) (hereinafter referred to as the internal message):

A) category of operation (transaction) (subject to mandatory control or unusual operation), criteria (signs) or other circumstances (reasons) for which the operation (transaction) can be attributed to operations subject to mandatory control, or unusual operations (transactions) ;

c) information about the person (persons) conducting the operation (transaction);

d) information about the employee who compiled the internal message about the operation (transaction), and his signature;

E) the date of drawing up an internal message about the operation (transaction);

f) a record (mark) on the decision of the special official made in relation to the internal report on the operation (transaction), and its reasoned justification;

G) a record (mark) on the decision of the head of the organization or an official authorized by him, taken in relation to the internal report on the operation (transaction) in accordance with clause 24 of these requirements, and its reasoned justification;

h) record (mark) about additional measures(other actions) taken by the organization in relation to the client in connection with the identification of an unusual operation (transaction) or its signs.

28. The form of an internal message, the procedure, terms and method of its transmission to the responsible person are determined by the organization independently and are reflected in the program for documenting information.

29. The program for the suspension of operations (transactions) provides for the terms and procedure for the organization to take measures aimed at:

A) suspension in accordance with paragraph 10 of Article 7 of the Federal Law of operations (transactions), in which one of the parties is an organization or an individual included in the list of organizations and individuals in respect of which there is information about their participation in extremist activities or terrorism, and informing the Federal Financial Monitoring Service in accordance with paragraph 2 of Article 6 of the Federal Law;

B) suspension of operations (transactions) of the client in the event of receipt of a decision of the Federal Financial Monitoring Service on the suspension of operations with cash or other property, issued on the basis of Article 8 of the Federal Law;

c) suspension of operations (transactions) of the client for additional term in the event of receipt of a court decision on the suspension of operations with cash or other property, issued on the basis of Article 8 of the Federal Law.

30. The training and education program for employees of the organization in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism is developed in accordance with the legislation of the Russian Federation.

31. The internal control verification program ensures that the organization and its employees comply with the legislation of the Russian Federation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism, internal control rules and other organizational and administrative documents of the organization adopted for the purposes of the organization and implementation of internal control.

32. The program for checking the implementation of internal control provides for:

a) carrying out on a regular basis, but at least once every six months, internal audits of compliance with the organization's internal control rules, the requirements of the Federal Law and other regulatory legal acts;

B) submission to the head of the organization based on the results of inspections of written reports containing information on all identified violations of the legislation of the Russian Federation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism, internal control rules and other organizational and administrative documents of the organization adopted for the purpose of organization and implementation of internal control;

C) taking measures aimed at eliminating violations identified as a result of inspections.

33. The information storage program provides storage for at least 5 years from the date of termination of relations with the client:

a) documents containing information about the client of the organization, the representative of the client, the beneficiary, obtained on the basis of the Federal Law, other regulatory legal acts of the Russian Federation adopted for the purpose of its implementation, as well as internal control rules;

B) documents relating to operations (transactions), information about which was submitted to the Federal Financial Monitoring Service, and reports on such operations (transactions);

c) documents relating to transactions subject to documentary recording in accordance with Article 7 of the Federal Law and this document;

d) documents on transactions for which internal messages were compiled;

e) internal messages;

f) the results of studying the grounds and purposes of the identified unusual operations (transactions);

G) documents relating to the activities of the client (to the extent determined by the organization), including business correspondence and other documents at the discretion of the organization;

h) other documents obtained as a result of applying the internal control rules.

34. The information storage program provides for the storage of information and documents in such a way that they can be timely available to the Federal Financial Monitoring Service, as well as other authorities state power in accordance with their competence in cases established by the legislation of the Russian Federation, and taking into account the possibility of their use as evidence in criminal, civil and arbitration proceedings.

35. The internal control rules provide for ensuring the confidentiality of information obtained as a result of the application of internal control rules, as well as measures taken by the organization in the implementation of such rules in accordance with the legislation of the Russian Federation.

Decree of the Government of the Russian Federation of January 8, 2003 N 6 "On the procedure for approving the rules of internal control in organizations carrying out transactions with cash or other property" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2003, N 2, Art. 188);

paragraph 4 of the amendments that are being made to the acts of the Government of the Russian Federation on countering the legalization (laundering) of proceeds from crime and the financing of terrorism, approved by Decree of the Government of the Russian Federation of October 24, 2005 N 638 (Collected Legislation of the Russian Federation, 2005, N 44, article 4562);

Decree of the Government of the Russian Federation of June 10, 2010 N 967-r (Collected Legislation of the Russian Federation, 2010, N 26, Art. 3377).

Prime Minister

Russian Federation

D. MEDVEDEV

Approved

Government Decree

Russian Federation

REQUIREMENTS

TO THE INTERNAL CONTROL RULES DEVELOPED

ORGANIZATIONS CARRYING OUT OPERATIONS WITH CASH

FUNDS OR OTHER PROPERTY, AND INDIVIDUAL

ENTREPRENEURS

1. This document defines the requirements for the development of organizations engaged in transactions with cash or other property (hereinafter referred to as organizations), as well as individual entrepreneurs engaged in the purchase, sale and purchase of precious metals and precious stones, jewelry from them and scrap of such products, and individual entrepreneurs providing intermediary services in the implementation of purchase and sale transactions real estate(hereinafter referred to as "individual entrepreneurs"), the rules of internal control carried out in order to counteract the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction (hereinafter referred to as the internal control rules).

This document does not apply to credit institutions, professional participants in the securities market, insurance companies specified in paragraph four of part one of Article 5 of the Federal Law "On countering the legalization (laundering) of proceeds from crime and the financing of terrorism" (hereinafter referred to as the Federal Law ), insurance brokers, management companies of investment funds, mutual funds and non-state pension funds, credit consumer cooperatives, including agricultural credit consumer cooperatives, microfinance organizations, mutual insurance companies, non-state pension funds and pawnshops.

1(1). The head of the organization and the individual entrepreneur ensure control over the compliance of the applied internal control rules with the requirements of the legislation of the Russian Federation.

Internal control rules should be given by the organization and individual entrepreneur in accordance with the requirements of regulatory legal acts on combating the legalization (laundering) of proceeds from crime and the financing of terrorism no later than one month after the date of entry into force of the said regulatory legal acts, unless otherwise provided by such regulatory legal acts.

2. Internal control rules are developed in accordance with the legislation of the Russian Federation.

3. The internal control rules are a document that is drawn up on paper and which:

A) regulates the organizational framework for work aimed at countering the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction in the organization;

B) establishes the duties and procedures of the head of the organization, individual entrepreneur and employees of the organization, individual entrepreneur in order to exercise internal control;

C) determines the terms for fulfilling obligations for the purpose of internal control, as well as the persons responsible for their implementation.

4. The internal control rules include the following internal control programs:

A) a program that determines the organizational basis for the implementation of internal control (hereinafter referred to as the program for organizing internal control);

B) an identification program for clients, representatives of clients and (or) beneficiaries, as well as beneficial owners (hereinafter referred to as the identification program);

C) a program for assessing the degree (level) of the risk of the client performing transactions related to the legalization (laundering) of proceeds from crime and the financing of terrorism (hereinafter referred to as the risk assessment program);

D) a program for identifying transactions (transactions) subject to mandatory control, and transactions (transactions) that have signs of connection with the legalization (laundering) of proceeds from crime or the financing of terrorism (hereinafter referred to as the program for detecting transactions);

E) a program for documenting information;

E) a program regulating the procedure for suspending operations in accordance with the Federal Law (hereinafter referred to as the program for suspending operations);

G) a program of training and education of personnel in the field of combating the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction;

h) a program for checking the implementation of internal control;

I) a program for the storage of information and documents obtained as a result of the implementation of programs for the implementation of internal control in order to counteract the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction (hereinafter referred to as the information storage program);

J) the program of studying the client when accepting for service and maintenance (hereinafter - the program of studying the client);

k) a program that regulates the procedure for actions in case of refusal to execute the client's order to complete the operation;

L) a program that regulates the procedure for applying measures to freeze (block) funds or other property.

5. The internal control rules establish the powers, as well as the duties assigned to a special official responsible for the implementation of the internal control rules (hereinafter referred to as the special official).

6. The internal control rules are approved by the head of the organization, individual entrepreneur.

7. The program for the organization of internal control is developed taking into account the following conditions:

A) a special official is appointed in an organization and an individual entrepreneur in accordance with paragraph 2 of Article 7 of the Federal Law;

B) in an organization (taking into account the peculiarities of its structure, staffing, client base and the degree (level) of risks associated with the organization's clients and their operations), a structural unit can be formed or determined that performs the functions of countering the legalization (laundering) of income received crime, financing of terrorism and financing of the proliferation of weapons of mass destruction;

C) the program contains a description of the internal control system in the organization and its branch (branches) (if any) and for an individual entrepreneur, as well as the procedure for interaction between structural divisions of the organization (employees of an individual entrepreneur) on the implementation of internal control rules.

8. The identification program includes the following procedures for the implementation of measures to identify the client, the representative of the client and (or) the beneficiary, as well as the beneficial owner:

A) establishing in relation to the client, the representative of the client and (or) the beneficiary the information specified in Article 7 of the Federal Law, and verifying the accuracy of this information before accepting the client for service;

A(1)) taking reasonable and affordable measures in the circumstances to identify and identify beneficial owners, including measures to establish in relation to these owners the information provided for in subparagraph 1 of paragraph 1 of Article 7 of the Federal Law, and to verify the accuracy of the information received;

B) verification of the presence or absence in relation to the client, the representative of the client and (or) the beneficiary, as well as the beneficial owner of information about their involvement in extremist activities or terrorism, proliferation of weapons of mass destruction, received in accordance with paragraph 2 of Article 6, paragraph 2 of Article 7.4 and paragraph two of paragraph 1 of Article 7.5 of the Federal Law;

C) determination of the belonging of an individual who is being serviced or accepted for service to the number of foreign public officials, officials of public international organizations, as well as persons replacing (holding) public positions of the Russian Federation, positions of members of the Board of Directors of the Central Bank of the Russian Federation, federal public service, the appointment and dismissal of which are carried out by the President of the Russian Federation or the Government of the Russian Federation, or positions in the Central Bank of the Russian Federation, state corporations and other organizations created by the Russian Federation on the basis of federal laws, included in the lists of positions determined by the President of the Russian Federation;

D) identification of legal entities and individuals who, respectively, are registered, domiciled or located in a state (on the territory) that does not comply with the recommendations of the Financial Action Task Force on Money Laundering (FATF), or using bank accounts registered in the specified state (on the specified territory);

E) assessment and assignment to the client of the degree (level) of the risk of the client performing operations related to the legalization (laundering) of proceeds from crime and the financing of terrorism (hereinafter referred to as risk), in accordance with the risk assessment program;

E) updating information obtained as a result of identification of clients, representatives of clients of beneficiaries and beneficial owners.

9. The identification program may additionally provide for the establishment and recording of the following data received by an organization and an individual entrepreneur in accordance with clause 5(4) of Article 7 of the Federal Law:

A) the date of state registration of the legal entity;

B) the postal address of the legal entity;

C) the composition of the founders (participants) of the legal entity;

D) the composition and structure of the governing bodies of the legal entity;

E) the size of the authorized (share) capital or the size of the authorized fund (share contributions).

10. When identifying a legal entity (with its consent), it may be envisaged to establish and fix codes for the forms of federal state statistical observation.

11. The identification program in order to implement the requirements established by Article 7.3 of the Federal Law provides for:

The procedure for identifying among individuals who are in service or accepted for service, foreign public officials, their spouses and close relatives, officials of public international organizations, as well as persons replacing (holding) public positions of the Russian Federation, positions of members of the Board of Directors of the Central Bank of the Russian Federation, positions of the federal civil service, the appointment and dismissal of which are carried out by the President of the Russian Federation or the Government of the Russian Federation, or positions in the Central Bank of the Russian Federation, state corporations and other organizations created by the Russian Federation on the basis of federal laws, included in the lists of positions determined by the President of the Russian Federation;

The procedure for accepting foreign public officials for service, as well as measures to determine the sources of origin of funds or other property of foreign public officials;

The procedure for accepting for service, as well as reasonable and accessible measures in the circumstances to determine the sources of origin of funds or other property of an official of a public international organization or a person replacing (holding) a public position of the Russian Federation, the position of a member of the Board of Directors of the Central Bank of the Russian Federation, position federal civil service, appointment to and dismissal from which are carried out by the President of the Russian Federation or the Government of the Russian Federation, or a position in the Central Bank of the Russian Federation, a state corporation or other organization created by the Russian Federation on the basis of a federal law, included in the corresponding list of positions determined by the President Russian Federation, in cases specified in paragraph 3 of Article 7.3 of the Federal Law.

12. The identification program determines the methods and forms of recording information (information) received by an organization and an individual entrepreneur as a result of identifying clients, client representatives, beneficiaries and beneficial owners, carrying out the activities provided for in paragraph 8 of this document, as well as the procedure for updating the specified information.

12(1). The client study program provides for activities aimed at obtaining information about the client specified in subparagraph 1.1 of paragraph 1 of Article 7 of the Federal Law.

However, under the definition business reputation of the client, provided for by the specified subparagraph, is understood as his assessment based on publicly available information.

13. The risk assessment program defines the procedures for assessing and assigning a degree (level) of risk to a client, taking into account the requirements for its identification:

A) before accepting a client for service;

B) in the course of customer service (as operations (transactions) are performed);

C) in other cases provided for by the internal control rules.

14. The risk assessment program provides for the risk assessment of clients based on information obtained as a result of the implementation of the client study program, as well as signs of transactions, types and conditions of activity that have an increased risk of clients performing transactions for the purpose of legalization (laundering) of proceeds from crime, and terrorist financing, taking into account the recommendations of the Financial Action Task Force on Money Laundering (FATF).

15. The risk assessment program provides for the procedure and frequency for monitoring the operations (transactions) of the client in order to assess the degree (level) of risk and subsequent control over its change.

16. The program for identifying transactions provides for procedures for identifying:

A) operations (transactions) subject to mandatory control in accordance with Article 6

B) operations (transactions) subject to documentary fixation in accordance with paragraph 2 of Article 7 of the Federal Law on the grounds specified therein;

C) unusual transactions (transactions), including those falling under the criteria for identifying and signs of unusual transactions, the implementation of which may be aimed at the legalization (laundering) of proceeds from crime or the financing of terrorism.

17. The program for identifying transactions in order to identify transactions (transactions) provided for in clause 16 of this document (hereinafter referred to as transactions subject to control) provides for ongoing monitoring of transactions (transactions) of clients.

18. The program for identifying transactions in order to identify unusual transactions, the implementation of which may be aimed at the legalization (laundering) of proceeds from crime, or the financing of terrorism, provides for increased attention (monitoring) to transactions (transactions) of clients classified as a high-risk group .

19. The program for detecting transactions in order to identify transactions (transactions), the implementation of which may be aimed at legalization (laundering) of proceeds from crime or financing of terrorism, includes criteria for identifying unusual transactions and their signs.

19(1). The transaction detection program includes a list of criteria and signs indicating the unusual nature of the transaction, established by the Federal Financial Monitoring Service, to identify transactions in respect of which there are suspicions that they are carried out for the purpose of legalization (laundering) of proceeds from crime or financing terrorism, based on the nature, scale and main activities of the organization, individual entrepreneur and their clients. An organization and (or) an individual entrepreneur has the right to submit proposals for supplementing the list of criteria and signs indicating the unusual nature of the transaction. The decision to recognize a client's transaction as suspicious is made by an organization and (or) an individual entrepreneur on the basis of information on financial and economic activities, financial position and business reputation of the client, characterizing his status, the status of his representative and (or) beneficiary, as well as the beneficial owner.

20. The program for identifying transactions provides for the procedure for informing an employee of an organization, an individual entrepreneur (employee of an individual entrepreneur), who has identified a transaction (transaction) subject to control, a special official (except for cases of independent performance by an individual entrepreneur of the functions of a special official) for the latter to make a decision on further actions in relation to the operation (transaction) in accordance with the Federal Law, this document and the rules of internal control.

21. The program for identifying transactions provides for, when signs of an unusual operation (transaction) of a client are identified, an analysis of other operations (transactions) of the client, as well as information available to the organization, individual entrepreneur about the client, the client’s representative and the beneficiary (if any), the beneficial owner in in order to confirm the reasonableness of suspicions in the implementation of an operation (transaction) or a number of operations (transactions) for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism.

22. The Transaction Identification Program provides for the study of the grounds and purposes of all detected unusual transactions (transactions), as well as recording the results obtained in writing.

23. The program for identifying transactions provides for the procedure and cases for taking the following additional measures to study the identified unusual operation (transaction):

A) obtaining from the client the necessary explanations and (or) additional information explaining the economic meaning of an unusual operation (transaction);

B) ensuring increased attention (monitoring) in accordance with this document to all operations (transactions) of this client in order to obtain confirmation that their implementation can be aimed at legalization (laundering) of proceeds from crime or financing of terrorism.

24. The program for identifying transactions provides for the decision by the head of the organization, individual entrepreneur or a person authorized by them to:

A) on the recognition of the operation (transaction) of the client subject to mandatory control in accordance with Article 6 and paragraph 1 of Article 7.5 of the Federal Law;

B) on recognition of the identified unusual operation (transaction) as a suspicious operation (transaction), the implementation of which may be aimed at the legalization (laundering) of proceeds from crime or the financing of terrorism;

C) about the need to take additional measures to study the unusual operation (transaction) of the client;

D) on the submission of information on the transactions provided for in subparagraphs "a" and "b" of this paragraph to the Federal Financial Monitoring Service.

25. The program of documentary fixation of information provides for the procedure for obtaining and fixing information (information) on paper and (or) other media in order to implement the Federal Law, other regulatory legal acts in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism and internal control rules.

26. The program of documentary fixation of information provides for documentary fixation of information:

A) on an operation (transaction) subject to mandatory control in accordance with Article 6 and Clause 1 of Article 7.5 of the Federal Law;

B) about an operation (transaction) that has at least one of the criteria and (or) signs indicating the unusual nature of the operation (transaction);

C) about an operation (transaction) in respect of which there are suspicions that it is carried out for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism;

D) about the operation (transaction) obtained during the implementation of the client study program.

27. The program for documenting information provides for the preparation by an employee of an organization, an individual entrepreneur (employee of an individual entrepreneur), who have identified an operation (transaction) subject to control, an internal message - a document containing the following information about such an operation (transaction) (hereinafter referred to as the internal message):

A) category of operation (transaction) (subject to mandatory control or unusual operation), criteria (signs) or other circumstances (reasons) for which the operation (transaction) can be attributed to operations subject to mandatory control, or unusual operations (transactions) ;

C) information about the person, foreign structure without the formation of a legal entity, conducting the operation (transaction);

D) information about the employee who compiled the internal message about the operation (transaction), and his signature;

E) the date of drawing up an internal message about the operation (transaction);

E) a record (mark) on the decision of a special official made in relation to an internal report on an operation (transaction), and its reasoned justification;

G) a record (mark) on the decision of the head of the organization, an individual entrepreneur or a person authorized by them, made in relation to an internal message in accordance with paragraph 24 of this document, and its reasoned justification;

H) a record (mark) on additional measures (other actions) taken in relation to the client in connection with the identification of an unusual operation (transaction) or its signs.

28. The form of an internal message, the procedure, terms and method of its transmission to a special official or a responsible employee of a structural unit that performs the functions of combating the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction, are determined by the organization and the individual entrepreneur independently and are reflected in the program of documentary fixation of information.

28(1). The program that regulates the procedure in case of refusal to execute the client's order to complete the transaction includes:

A) a list of grounds for such a refusal, established by the organization and the individual entrepreneur, taking into account the requirements of paragraph 11 of Article 7 of the Federal Law;

B) the procedure for making a decision to refuse to execute a client's order to make a transaction, as well as documenting information on cases of refusal to fulfill a client's order to make a transaction;

C) the procedure for further actions in relation to the client in case of refusal to execute the client's order to complete the operation;

D) the procedure for submitting information to the Federal Financial Monitoring Service on cases of refusal to execute a client's order to complete a transaction.

29. The suspension program includes:

A) the procedure for identifying among the participants in a transaction with cash or other property individuals or legal entities specified in paragraph two of clause 10 of Article 7 of the Federal Law, or individuals carrying out a transaction with cash or other property in accordance with subparagraph 3 of clause 2.4 of Article 6 Federal Law, or individuals or legal entities specified in the first paragraph of paragraph 8 of Article 7.5 of the Federal Law;

B) the procedure for actions aimed at suspending transactions with cash or other property in accordance with paragraph 10 of Article 7 and paragraph 8 of Article 7.5 of the Federal Law;

C) the procedure for actions related to the suspension of a transaction with funds or other property in the event of a court decision issued on the basis of part four of Article 8 of the Federal Law;

D) the procedure for submitting to the Federal Financial Monitoring Service information on suspended transactions with cash or other property;

E) the procedure for the implementation of the requirements established by paragraph five of clause 10 of Article 7 and paragraph three of clause 8 of Article 7.5 of the Federal Law, and related to the implementation of a transaction or further suspension of a transaction with cash or other property in the event of receipt of a decision of the Federal Service for Financial monitoring, issued on the basis of part three of Article 8, Article 7.4 of the Federal Law, the interdepartmental coordinating body exercising the functions of combating the financing of terrorism has made a decision to freeze (block) funds or other property;

A(1)) the procedure for obtaining information from the Federal Financial Monitoring Service on organizations and individuals included in accordance with Article 7.5 of the Federal Law in the list of organizations and individuals in respect of which there is information about their involvement in the proliferation of weapons of mass destruction;

B) the procedure for making a decision on the application of measures to freeze (block) funds or other property;

C) the procedure and frequency of carrying out measures to verify the presence or absence of organizations and individuals among their clients in respect of which measures to freeze (block) funds or other property have been applied or should be applied;

D) informing the Federal Financial Monitoring Service of the measures taken to freeze (block) funds or other property and the results of inspections of the presence or absence of organizations and individuals among their clients in respect of which measures to freeze (block) funds have been applied or should be applied or other property;

E) the procedure for interaction with organizations and individuals in respect of which measures to freeze (block) funds or other property have been applied or should be applied, including the procedure for informing them about the measures taken to freeze (block) funds or other property;

F) the procedure for fulfilling the requirements established by paragraph 4 of Article 7.4 of the Federal Law, when an appropriate decision is made by the interdepartmental coordinating body that performs the functions of combating the financing of terrorism;

G) the procedure for making a decision aimed at fulfilling the requirements of paragraphs two and three of paragraph 2.4 of Article 6 of the Federal Law;

H) the procedure for making a decision aimed at fulfilling the requirements of paragraph two of clause 2.5 of Article 6, paragraph four of clause 4 and paragraph two of clause 7 of Article 7.5 of the Federal Law.

30. The program for the training and education of personnel in the field of combating the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction is being developed in accordance with the legislation of the Russian Federation.

31. The program for checking the implementation of internal control ensures that the organization (employees of the organization) and the individual entrepreneur (employees of the individual entrepreneur) comply with the legislation of the Russian Federation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism, internal control rules and other organizational - administrative documents of an organization, an individual entrepreneur, adopted for the purpose of organizing and exercising internal control.

32. The program for checking the implementation of internal control provides for:

A) carrying out on a regular basis, but at least once every six months, internal audits of compliance with the internal control rules in the organization and the individual entrepreneur, the requirements of the Federal Law and other regulatory legal acts;

B) submission to the head of the organization, individual entrepreneur based on the results of inspections of written reports containing information on all identified violations of the legislation of the Russian Federation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism, internal control rules and other organizational and administrative documents of the organization, individual entrepreneur, adopted for the purpose of organizing and exercising internal control;

Article 7 of the Federal Law and this document;

D) documents on transactions for which internal messages were compiled;

D) internal messages;

E) the results of studying the grounds and objectives of the identified unusual operations (transactions);

G) documents relating to the activities of the client (to the extent determined by the organization, individual entrepreneur), including business correspondence and other documents at the discretion of the organization, individual entrepreneur;

h) other documents obtained as a result of applying the internal control rules.

34. The information storage program provides for the storage of information and documents in such a way that they can be timely available to the Federal Financial Monitoring Service, as well as other state authorities in accordance with their competence in cases established by the legislation of the Russian Federation, and taking into account the possibility of their use as evidence in criminal, civil and arbitration proceedings.

35. The internal control rules provide for ensuring the confidentiality of information obtained as a result of the application of internal control rules, as well as measures taken by an organization and an individual entrepreneur in the implementation of such rules in accordance with the legislation of the Russian Federation.

In accordance with the Federal Law "On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism" The Government of the Russian Federation decides:

1. Approve the attached requirements for internal control rules developed by organizations that carry out transactions with cash or other property (except for credit institutions).

2. Establish that the internal control rules in force prior to the entry into force of this resolution are subject to bringing organizations engaged in transactions with cash or other assets (except for credit institutions) in line with the requirements approved by this resolution within one month.

3. Recognize as invalid:

Decree of the Government of the Russian Federation of January 8, 2003 N 6 "On the procedure for approving the rules of internal control in organizations carrying out transactions with cash or other property" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2003, N 2, Art. 188);

Clause 4 of the amendments to the acts of the Government of the Russian Federation on countering the legalization (laundering) of proceeds from crime and the financing of terrorism, approved by Decree of the Government of the Russian Federation of October 24, 2005 N 638 (Collected Legislation of the Russian Federation, 2005, N 44, article 4562);

Decree of the Government of the Russian Federation of June 10, 2010 N 967-r (Collected Legislation of the Russian Federation, 2010, N 26, Art. 3377).

Chairman
Government of the Russian Federation
D. Medvedev

Note. Ed: the text of the resolution was published in the "Collection of Legislation of the Russian Federation", 07/09/2012, N 28, art. 3901.

Requirements for internal control rules developed by organizations carrying out transactions with cash or other property (excluding credit institutions)

1. This document defines the requirements for the development of internal control rules by organizations (with the exception of credit institutions, including those that are professional participants in the securities market) that carry out transactions with cash or other property (hereinafter referred to as the organization, internal control rules, respectively) in order to counter the legalization (laundering) of proceeds from crime and the financing of terrorism.

2. Internal control rules are developed in accordance with the legislation of the Russian Federation.

3. Internal control rules are a document that:

A) regulates the organizational framework for work aimed at countering the legalization (laundering) of proceeds from crime and the financing of terrorism in the organization;
b) establishes the duties and procedure for the actions of officials and employees for the purpose of exercising internal control;
c) determines the deadlines for fulfilling obligations for the purpose of exercising internal control, as well as the persons responsible for their implementation.

4. The internal control rules include the following internal control programs:

A) a program that determines the organizational basis for the implementation of internal control (hereinafter referred to as the program for organizing internal control);
b) the program for identification of clients, representatives of clients and (or) beneficiaries (hereinafter referred to as the identification program);
c) a program for assessing the degree (level) of the risk of the client making transactions related to the legalization (laundering) of proceeds from crime and the financing of terrorism (hereinafter referred to as the risk assessment program);
d) a program for detecting transactions (transactions) subject to mandatory control and transactions (transactions) that have signs of connection with the legalization (laundering) of proceeds from crime or the financing of terrorism (hereinafter referred to as the program for detecting transactions);
e) a program for documenting information;
f) a program regulating the procedure for suspending operations in accordance with the Federal Law "On Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism" (hereinafter, respectively, the Federal Law, the program for suspending operations (transactions));
g) a training and education program for employees of the organization in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism;
h) a program for checking the implementation of internal control;
i) a program for storing information and documents obtained as a result of the implementation of programs for the implementation of internal control in order to combat the legalization (laundering) of proceeds from crime and the financing of terrorism (hereinafter referred to as the information storage program).

5. The internal control rules establish the powers, as well as the duties assigned to a special official responsible for the implementation of the internal control rules (hereinafter referred to as the special official).

6. The internal control rules are approved by the head of the organization.

7. The program for the organization of internal control is developed taking into account the following conditions:

A) in accordance with paragraph 2 of Article 7 of the Federal Law, a special official is appointed in the organization;
b) in the organization (taking into account the peculiarities of its structure, staffing, client base and the degree (level) of risks associated with the organization's clients and their operations), a structural unit may be formed or determined to perform the functions of countering the legalization (laundering) of income received crime and financing of terrorism;
c) the program contains a description of the internal control system in the organization and its branch (branches) (if any), the procedure for interaction between the structural divisions of the organization on the implementation of internal control rules.

8. The identification program includes the following procedures for the implementation of measures to identify the client, client representative and (or) beneficiary:
a) the establishment of information specified in Article 7 of the Federal Law in relation to the client, the representative of the client and (or) the beneficiary;
b) verification of the presence or absence of information about their involvement in extremist activities or terrorism in relation to the client, the client's representative and (or) the beneficiary, received in accordance with paragraph 2 of Article 6 of the Federal Law;
c) determination of whether the client, the representative of the client and (or) the beneficiary belongs to the number of foreign public officials;
d) identification of legal entities and individuals who, respectively, are registered, domiciled or located in a state (on the territory) that does not comply with the recommendations of the Financial Action Task Force on Money Laundering (FATF), or using bank accounts registered in the specified state (on the specified territory);
e) assessment and assignment to the client of the degree (level) of risk of the client's transactions related to the legalization (laundering) of proceeds from crime and the financing of terrorism (hereinafter referred to as risk), in accordance with the risk assessment program;
f) updating the information obtained as a result of identifying the organization's clients, establishing and identifying beneficiaries.

9. The identification program may additionally provide for the establishment and recording of the following data received by the organization in accordance with paragraph 5.4 of Article 7 of the Federal Law:

A) the date of state registration of the legal entity;
b) postal address of the legal entity;
c) the composition of the founders (participants) of the legal entity;
d) the composition and structure of the legal entity's management bodies;
e) the size of the authorized (share) capital or the size of the authorized fund.

10. When identifying a legal entity (with its consent), it may be envisaged to establish and fix codes for the forms of federal state statistical observation.

11. The identification program in order to implement the requirements established by Article 7.3 of the Federal Law provides for:

The procedure for identifying foreign public officials, as well as their spouses and close relatives among individuals who are or are accepted for service;
the procedure for accepting foreign public officials for service, as well as measures to determine the sources of origin of funds or other property of foreign public officials.

12. The identification program determines the methods and forms of fixing the information (information) received by the organization as a result of identifying customers, customer representatives, beneficiaries, carrying out the activities provided for in paragraph 8 of this document, as well as the procedure for updating the specified information.

13. The risk assessment program defines the procedures for assessing and assigning a degree (level) of risk to a client, taking into account the requirements for its identification:

A) in the event of a contractual relationship with the client (accepting him for service);
b) in the course of customer service (as operations (transactions) are performed);
c) in other cases provided for by the organization in the rules of internal control.

14. The risk assessment program provides for the assessment of the risk of clients based on the signs of transactions, types and conditions of activity that have an increased risk of clients performing transactions for the purposes of legalization (laundering) of proceeds from crime and financing of terrorism, taking into account the recommendations of the Financial Action Task Force money laundering (FATF).

15. The risk assessment program provides for the procedure and frequency for monitoring the operations (transactions) of the client in order to assess the degree (level) of risk and subsequent control over its change.

16. The program for identifying transactions provides for procedures for identifying:

A) operations (transactions) subject to mandatory control in accordance with Article 6 of the Federal Law;
b) operations (transactions) subject to documentary recording in accordance with paragraph 2 of Article 7 of the Federal Law on the grounds specified therein;
c) unusual transactions (transactions), including those falling under the criteria for identifying and signs of unusual transactions, the implementation of which may be aimed at the legalization (laundering) of proceeds from crime or the financing of terrorism.

17. The program for identifying transactions in order to identify transactions (transactions) provided for in clause 16 of this document (hereinafter referred to as transactions subject to control) provides for ongoing monitoring of transactions (transactions) of clients.

18. The program for identifying transactions in order to identify unusual transactions, the implementation of which may be aimed at the legalization (laundering) of proceeds from crime, or the financing of terrorism, provides for increased attention (monitoring) to transactions (transactions) of clients classified as a high-risk group .

19. The program for detecting transactions in order to identify transactions (transactions), the implementation of which may be aimed at legalization (laundering) of proceeds from crime or financing of terrorism, includes criteria for identifying unusual transactions and their signs.

20. The program for identifying transactions provides for the procedure for informing a special official by an employee of the organization who has identified a transaction (transaction) subject to control for the latter to make a decision on further actions in relation to the transaction (transaction) in accordance with the Federal Law, this document and internal control rules.

21. The transaction detection program provides for the identification of signs of an unusual transaction (transaction) of the client, an analysis of other transactions (transactions) of the client, as well as information available to the organization about the client, the client’s representative and the beneficiary (if any) in order to confirm the validity of suspicions in the implementation operations (transactions) or a number of operations (transactions) for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism.

22. The program for identifying transactions provides for the study by the organization of the grounds and goals for performing all identified unusual transactions (transactions), as well as fixing the results in writing.

23. The transaction detection program provides for the procedure and cases for the organization to take the following additional measures to study the identified unusual
operations (transactions):

A) obtaining from the client the necessary explanations and (or) additional information explaining the economic meaning of an unusual operation (transaction);
b) ensuring increased attention (monitoring) in accordance with this document to all operations (transactions) of this client in order to obtain confirmation that their implementation can be aimed at legalization (laundering) of proceeds from crime or financing of terrorism.

24. The program for detecting transactions provides for the decision by the head of the organization or an official authorized by him:

A) on the recognition of the operation (transaction) of the client subject to mandatory control in accordance with Article 6 of the Federal Law;
b) on recognition of the identified unusual operation (transaction) as a suspicious operation (transaction), the implementation of which may be aimed at the legalization (laundering) of proceeds from crime or the financing of terrorism;
c) about the need to take additional measures to study the unusual operation (transaction) of the client;
d) on the submission of information on the transactions provided for in subparagraphs "a" and "b" of this paragraph to the Federal Financial Monitoring Service.

25. The program of documentary fixation of information provides for the procedure for obtaining and fixing information (information) on paper and (or) other information carriers in order to implement the Federal Law, other regulatory legal acts in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism , as well as the internal control rules of the organization.

26. The program for documenting information provides for documenting information when signs of a client committing:

A) an operation (transaction) subject to mandatory control in accordance with Article 6 of the Federal Law;
b) an operation (transaction) falling under the criteria for identifying and (or) signs of an unusual operation (transaction);
c) another operation (transaction) in respect of which there are suspicions that it is carried out for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism.

27. The program of documenting information provides for the preparation by an employee of the organization who has identified an operation (transaction) subject to control of an internal message - a document containing the following information about such an operation (transaction) (hereinafter referred to as the internal message):

A) category of operation (transaction) (subject to mandatory control or unusual operation), criteria (signs) or other circumstances (reasons) for which the operation (transaction) can be attributed to operations subject to mandatory control, or unusual operations (transactions) ;
b) the content (nature) of the operation (transaction), date, amount and currency of the transaction;
c) information about the person (persons) conducting the operation (transaction);
d) information about the employee who compiled the internal message about the operation (transaction), and his signature;
e) date of preparation of the internal message on the operation (transaction);
f) a record (mark) on the decision of the special official made in relation to the internal report on the operation (transaction), and its reasoned justification;
g) a record (mark) on the decision of the head of the organization or an official authorized by him, made in relation to the internal report on the operation (transaction) in accordance with paragraph 24 of these requirements, and its reasoned justification;
h) a record (mark) on additional measures (other actions) taken by the organization in relation to the client in connection with the identification of an unusual operation (transaction) or its signs.

28. The form of an internal message, the procedure, terms and method of its transmission to the responsible person are determined by the organization independently and are reflected in the program for documenting information.

29. The program for the suspension of operations (transactions) provides for the terms and procedure for the organization to take measures aimed at:

A) suspension in accordance with paragraph 10 of Article 7 of the Federal Law of operations (transactions), in which one of the parties is an organization or an individual included in the list of organizations and individuals in respect of which there is information about their participation in extremist activities or terrorism, and informing the Federal Financial Monitoring Service in accordance with paragraph 2 of Article 6 of the Federal Law;
b) suspension of operations (transactions) of the client in the event of receipt of a decision of the Federal Financial Monitoring Service on the suspension of operations with cash or other property, issued on the basis of Article 8 of the Federal Law;
c) suspension of operations (transactions) of the client for an additional period in the event of receipt of a court decision on the suspension of operations with cash or other property, issued on the basis of Article 8 of the Federal Law.

30. The training and education program for employees of the organization in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism is developed in accordance with the legislation of the Russian Federation.

31. The internal control verification program ensures that the organization and its employees comply with the legislation of the Russian Federation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism, internal control rules and other organizational and administrative documents of the organization adopted for the purposes of the organization and implementation of internal control.

32. The program for checking the implementation of internal control provides for:

A) conducting on a regular basis, but at least once every six months, internal audits of compliance with the organization's internal control rules, the requirements of the Federal Law and other regulatory legal acts;
b) submission to the head of the organization based on the results of inspections of written reports containing information on all identified violations of the legislation of the Russian Federation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism, internal control rules and other organizational and administrative documents of the organization adopted for the purpose of organization and implementation of internal control;
c) taking measures aimed at eliminating violations identified as a result of inspections.

33. The information storage program provides storage for at least 5 years from the date of termination of relations with the client:

A) documents containing information about the client of the organization, the representative of the client, the beneficiary, received on the basis of the Federal Law, other regulatory legal acts of the Russian Federation adopted for the purpose of its implementation, as well as internal control rules;
b) documents relating to operations (transactions), information about which was submitted to the Federal Financial Monitoring Service, and reports on such operations (transactions);
c) documents relating to transactions subject to documentary recording in accordance with Article 7 of the Federal Law and this document;
d) documents on transactions for which internal messages were compiled;
e) internal messages;
f) the results of studying the grounds and purposes of the identified unusual operations (transactions);
g) documents relating to the activities of the client (to the extent determined by the organization), including business correspondence and other documents at the discretion of the organization;
h) other documents obtained as a result of applying the internal control rules.

34. The information storage program provides for the storage of information and documents in such a way that they can be timely available to the Federal Financial Monitoring Service, as well as other state authorities in accordance with their competence in cases established by the legislation of the Russian Federation, and taking into account the possibility of their use as evidence in criminal, civil and arbitration proceedings.

35. The internal control rules provide for ensuring the confidentiality of information obtained as a result of the application of internal control rules, as well as measures taken by the organization in the implementation of such rules in accordance with the legislation of the Russian Federation.

Active Edition from 30.06.2012

Document nameDecree of the Government of the Russian Federation of 30.06.2012 N 667 "On approval of the requirements for internal control rules developed by organizations carrying out operations with monetary funds or other property (with the exception of credit organizations) and recognition of some acts of the Government of the Russian Federation who have lost the strength of the Russian Federation"
Type of documentresolution
Host bodyRussian government
Document Number667
Acceptance date17.07.2012
Revision date30.06.2012
Date of registration in the Ministry of Justice01.01.1970
Statusvalid
Publication
  • "Collection of Legislation of the Russian Federation", 09.07.2012, N 28, art. 3901
NavigatorNotes

Decree of the Government of the Russian Federation of 30.06.2012 N 667 "On approval of the requirements for internal control rules developed by organizations carrying out operations with monetary funds or other property (with the exception of credit organizations) and recognition of some acts of the Government of the Russian Federation who have lost the strength of the Russian Federation"

Decree

In accordance with the Federal Law "On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism", the Government of the Russian Federation decides:

1. Approve the attached requirements for internal control rules developed by organizations that carry out transactions with cash or other property (except for credit institutions).

2. Establish that the internal control rules in force prior to the entry into force of this resolution are subject to bringing organizations engaged in transactions with cash or other assets (except for credit institutions) in line with the requirements approved by this resolution within one month.

3. Recognize as invalid:

Decree of the Government of the Russian Federation of January 8, 2003 N 6 "On the procedure for approving the rules of internal control in organizations carrying out transactions with cash or other property" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2003, N 2, Art. 188);

paragraph 4 of the amendments that are being made to the acts of the Government of the Russian Federation on countering the legalization (laundering) of proceeds from crime and the financing of terrorism, approved by Decree of the Government of the Russian Federation of October 24, 2005 N 638 (Collected Legislation of the Russian Federation, 2005, N 44, article 4562);

Decree of the Government of the Russian Federation of June 10, 2010 N 967-r (Collected Legislation of the Russian Federation, 2010, N 26, Art. 3377).

Prime Minister
Russian Federation
D. MEDVEDEV

APPROVED
Government Decree
Russian Federation
dated June 30, 2012 N 667

REQUIREMENTS FOR INTERNAL CONTROL RULES DEVELOPED BY ORGANIZATIONS CARRYING OUT OPERATIONS WITH CASH OR OTHER PROPERTY (EXCEPT FOR CREDIT INSTITUTIONS)

1. This document defines the requirements for the development of internal control rules by organizations (with the exception of credit institutions, including those that are professional participants in the securities market) that carry out transactions with cash or other property (hereinafter referred to as the organization, internal control rules, respectively) in order to counter the legalization (laundering) of proceeds from crime and the financing of terrorism.

2. Internal control rules are developed in accordance with the legislation of the Russian Federation.

3. Internal control rules are a document that:

a) regulates the organizational framework for work aimed at countering the legalization (laundering) of proceeds from crime and the financing of terrorism in the organization;

b) establishes the duties and procedure for the actions of officials and employees for the purpose of exercising internal control;

C) determines the terms for fulfilling obligations for the purpose of internal control, as well as the persons responsible for their implementation.

4. The internal control rules include the following internal control programs:

a) a program that determines the organizational basis for the implementation of internal control (hereinafter referred to as the program for organizing internal control);

b) the program for identification of clients, representatives of clients and (or) beneficiaries (hereinafter referred to as the identification program);

C) a program for assessing the degree (level) of the risk of the client performing transactions related to the legalization (laundering) of proceeds from crime and the financing of terrorism (hereinafter referred to as the risk assessment program);

d) a program for detecting transactions (transactions) subject to mandatory control and transactions (transactions) that have signs of connection with the legalization (laundering) of proceeds from crime or the financing of terrorism (hereinafter referred to as the program for detecting transactions);

E) a program for documenting information;

E) a program regulating the procedure for suspending operations in accordance with the Federal Law "On Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism" (hereinafter, respectively, the Federal Law, the program for suspending operations (transactions));

g) a training and education program for employees of the organization in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism;

h) a program for checking the implementation of internal control;

i) a program for storing information and documents obtained as a result of the implementation of programs for the implementation of internal control in order to combat the legalization (laundering) of proceeds from crime and the financing of terrorism (hereinafter referred to as the information storage program).

5. The internal control rules establish the powers, as well as the duties assigned to a special official responsible for the implementation of the internal control rules (hereinafter referred to as the special official).

6. The internal control rules are approved by the head of the organization.

7. The program for the organization of internal control is developed taking into account the following conditions:

a) a special official is appointed in the organization in accordance with paragraph 2 of Article 7 of the Federal Law;

B) in an organization (taking into account the peculiarities of its structure, staffing, client base and the degree (level) of risks associated with the organization's clients and their operations), a structural unit can be formed or determined that performs the functions of countering the legalization (laundering) of income received crime and financing of terrorism;

C) the program contains a description of the internal control system in the organization and its branch (branches) (if any), the procedure for interaction between the structural divisions of the organization on the implementation of internal control rules.

8. The identification program includes the following procedures for the implementation of measures to identify the client, client representative and (or) beneficiary:

A) the establishment of information specified in Article 7 of the Federal Law in relation to the client, the representative of the client and (or) the beneficiary;

b) verification of the presence or absence in relation to the client, the representative of the client and (or) the beneficiary of information about their involvement in extremist activities or terrorism, obtained in accordance with paragraph 2

C) determination of whether the client, the representative of the client and (or) the beneficiary belongs to the number of foreign public officials;

D) identification of legal entities and individuals who, respectively, are registered, domiciled or located in a state (on the territory) that does not comply with the recommendations of the Financial Action Task Force on Money Laundering (FATF), or using bank accounts registered in the specified state (on the specified territory);

e) assessment and assignment to the client of the degree (level) of risk of the client's transactions related to the legalization (laundering) of proceeds from crime and the financing of terrorism (hereinafter referred to as risk), in accordance with the risk assessment program;

f) updating the information obtained as a result of identifying the organization's clients, establishing and identifying beneficiaries.

9. The identification program may additionally provide for the establishment and recording of the following data received by the organization in accordance with paragraph 5.4 of Article 7 of the Federal Law:

a) the date of state registration of the legal entity;

b) postal address of the legal entity;

c) the composition of the founders (participants) of the legal entity;

d) the composition and structure of the legal entity's management bodies;

e) the size of the authorized (share) capital or the size of the authorized fund.

10. When identifying a legal entity (with its consent), it may be envisaged to establish and fix codes for the forms of federal state statistical observation.

11. The identification program in order to implement the requirements established by Article 7.3 of the Federal Law provides for:

the procedure for identifying foreign public officials, as well as their spouses and close relatives among individuals who are or are accepted for service;

the procedure for accepting foreign public officials for service, as well as measures to determine the sources of origin of funds or other property of foreign public officials.

12. The identification program determines the methods and forms of fixing the information (information) received by the organization as a result of identifying customers, customer representatives, beneficiaries, carrying out the activities provided for in paragraph 8 of this document, as well as the procedure for updating the specified information.

13. The risk assessment program defines the procedures for assessing and assigning a degree (level) of risk to a client, taking into account the requirements for its identification:

A) in the event of a contractual relationship with the client (accepting him for service);

b) in the course of customer service (as operations (transactions) are performed);

c) in other cases provided for by the organization in the rules of internal control.

14. The risk assessment program provides for the assessment of the risk of clients based on the signs of transactions, types and conditions of activity that have an increased risk of clients performing transactions for the purposes of legalization (laundering) of proceeds from crime and financing of terrorism, taking into account the recommendations of the Financial Action Task Force money laundering (FATF).

15. The risk assessment program provides for the procedure and frequency for monitoring the operations (transactions) of the client in order to assess the degree (level) of risk and subsequent control over its change.

16. The program for identifying transactions provides for procedures for identifying:

a) operations (transactions) subject to mandatory control in accordance with Article 6 of the Federal Law;

B) operations (transactions) subject to documentary fixation in accordance with paragraph 2 of Article 7 of the Federal Law on the grounds specified therein;

c) unusual transactions (transactions), including those falling under the criteria for identifying and signs of unusual transactions, the implementation of which may be aimed at the legalization (laundering) of proceeds from crime or the financing of terrorism.

17. The program for identifying transactions in order to identify transactions (transactions) provided for in clause 16 of this document (hereinafter referred to as transactions subject to control) provides for ongoing monitoring of transactions (transactions) of clients.

18. The program for identifying transactions in order to identify unusual transactions, the implementation of which may be aimed at the legalization (laundering) of proceeds from crime, or the financing of terrorism, provides for increased attention (monitoring) to transactions (transactions) of clients classified as a high-risk group .

19. The program for detecting transactions in order to identify transactions (transactions), the implementation of which may be aimed at legalization (laundering) of proceeds from crime or financing of terrorism, includes criteria for identifying unusual transactions and their signs.

20. The program for identifying transactions provides for the procedure for informing a special official by an employee of the organization who has identified a transaction (transaction) subject to control for the latter to make a decision on further actions in relation to the transaction (transaction) in accordance with the Federal Law, this document and internal control rules.

21. The transaction detection program provides for the identification of signs of an unusual transaction (transaction) of the client, an analysis of other transactions (transactions) of the client, as well as information available to the organization about the client, the client’s representative and the beneficiary (if any) in order to confirm the validity of suspicions in the implementation operations (transactions) or a number of operations (transactions) for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism.

22. The program for identifying transactions provides for the study by the organization of the grounds and goals for performing all identified unusual transactions (transactions), as well as fixing the results in writing.

23. The program for identifying transactions provides for the procedure and cases for the organization to take the following additional measures to study the identified unusual transaction (transaction):

A) obtaining from the client the necessary explanations and (or) additional information explaining the economic meaning of an unusual operation (transaction);

B) ensuring increased attention (monitoring) in accordance with this document to all operations (transactions) of this client in order to obtain confirmation that their implementation can be aimed at legalization (laundering) of proceeds from crime or financing of terrorism.

24. The program for detecting transactions provides for the decision by the head of the organization or an official authorized by him:

A) on the recognition of the operation (transaction) of the client subject to mandatory control in accordance with Article 6 of the Federal Law;

b) on recognition of the identified unusual operation (transaction) as a suspicious operation (transaction), the implementation of which may be aimed at the legalization (laundering) of proceeds from crime or the financing of terrorism;

C) about the need to take additional measures to study the unusual operation (transaction) of the client;

d) on the submission of information on the transactions provided for in subparagraphs "a" and "b" of this paragraph to the Federal Financial Monitoring Service.

25. The program of documentary fixation of information provides for the procedure for obtaining and fixing information (information) on paper and (or) other information carriers in order to implement the Federal Law, other regulatory legal acts in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism , as well as the internal control rules of the organization.

26. The program for documenting information provides for documenting information when signs of a client committing:

a) an operation (transaction) subject to mandatory control in accordance with Article 6 of the Federal Law;

b) an operation (transaction) falling under the criteria for identifying and (or) signs of an unusual operation (transaction);

C) another operation (transaction) in respect of which there are suspicions that it is carried out for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism.

27. The program of documenting information provides for the preparation by an employee of the organization who has identified an operation (transaction) subject to control of an internal message - a document containing the following information about such an operation (transaction) (hereinafter referred to as the internal message):

A) category of operation (transaction) (subject to mandatory control or unusual operation), criteria (signs) or other circumstances (reasons) for which the operation (transaction) can be attributed to operations subject to mandatory control, or unusual operations (transactions) ;

c) information about the person (persons) conducting the operation (transaction);

d) information about the employee who compiled the internal message about the operation (transaction), and his signature;

E) the date of drawing up an internal message about the operation (transaction);

f) a record (mark) on the decision of the special official made in relation to the internal report on the operation (transaction), and its reasoned justification;

G) a record (mark) on the decision of the head of the organization or an official authorized by him, taken in relation to the internal report on the operation (transaction) in accordance with clause 24 of these requirements, and its reasoned justification;

h) a record (mark) on additional measures (other actions) taken by the organization in relation to the client in connection with the identification of an unusual operation (transaction) or its signs.

28. The form of an internal message, the procedure, terms and method of its transmission to the responsible person are determined by the organization independently and are reflected in the program for documenting information.

29. The program for the suspension of operations (transactions) provides for the terms and procedure for the organization to take measures aimed at:

A) suspension in accordance with paragraph 10 of Article 7 of the Federal Law of operations (transactions), in which one of the parties is an organization or an individual included in the list of organizations and individuals in respect of which there is information about their participation in extremist activities or terrorism, and informing the Federal Financial Monitoring Service in accordance with paragraph 2 of Article 6 of the Federal Law;

B) suspension of operations (transactions) of the client in the event of receipt of a decision of the Federal Financial Monitoring Service on the suspension of operations with cash or other property, issued on the basis of Article 8 of the Federal Law;

c) suspension of operations (transactions) of the client for an additional period in the event of receipt of a court decision on the suspension of operations with cash or other property, issued on the basis of Article 8 of the Federal Law.

30. The training and education program for employees of the organization in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism is developed in accordance with the legislation of the Russian Federation.

31. The internal control verification program ensures that the organization and its employees comply with the legislation of the Russian Federation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism, internal control rules and other organizational and administrative documents of the organization adopted for the purposes of the organization and implementation of internal control.

32. The program for checking the implementation of internal control provides for:

a) carrying out on a regular basis, but at least once every six months, internal audits of compliance with the organization's internal control rules, the requirements of the Federal Law and other regulatory legal acts;

B) submission to the head of the organization based on the results of inspections of written reports containing information on all identified violations of the legislation of the Russian Federation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism, internal control rules and other organizational and administrative documents of the organization adopted for the purpose of organization and implementation of internal control;

C) taking measures aimed at eliminating violations identified as a result of inspections.

33. The information storage program provides storage for at least 5 years from the date of termination of relations with the client:

a) documents containing information about the client of the organization, the representative of the client, the beneficiary, obtained on the basis of the Federal Law, other regulatory legal acts of the Russian Federation adopted for the purpose of its implementation, as well as internal control rules;

B) documents relating to operations (transactions), information about which was submitted to the Federal Financial Monitoring Service, and reports on such operations (transactions);

c) documents relating to transactions subject to documentary recording in accordance with Article 7 of the Federal Law and this document;

d) documents on transactions for which internal messages were compiled;

e) internal messages;

f) the results of studying the grounds and purposes of the identified unusual operations (transactions);

G) documents relating to the activities of the client (to the extent determined by the organization), including business correspondence and other documents at the discretion of the organization;

h) other documents obtained as a result of applying the internal control rules.

34. The information storage program provides for the storage of information and documents in such a way that they can be timely available to the Federal Financial Monitoring Service, as well as other state authorities in accordance with their competence in cases established by the legislation of the Russian Federation, and taking into account the possibility of their use as evidence in criminal, civil and arbitration proceedings.

35. The internal control rules provide for ensuring the confidentiality of information obtained as a result of the application of internal control rules, as well as measures taken by the organization in the implementation of such rules in accordance with the legislation of the Russian Federation.

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