Requirements for internal control rules developed by organizations that carry out transactions with cash or other property (except for credit institutions). To the rules of internal control developed by organizations, implement

06.03.2020

Decree of the Government of the Russian Federation of June 30, 2012 N 667
"On the approval of the requirements for the rules internal control developed by organizations that carry out operations with in cash or other property, and individual entrepreneurs, and on the invalidation of certain acts of the Government 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 internal control rules developed by organizations that carry out transactions with cash or other property, and individual entrepreneurs.

2. Establish that the internal control rules in force prior to the entry into force of this resolution are subject to adjustment by organizations that carry out transactions with cash or other property (with the exception of credit organizations), in accordance 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 engaged in operations 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).

Requirements
to the internal control rules developed by organizations that carry out transactions with cash or other property, and individual entrepreneurs
(approved by Decree of the Government of the Russian Federation of June 30, 2012 N 667)

With changes and additions from:

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 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 investment 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.

Information about changes:

Decree of the Government of the Russian Federation of September 17, 2016 N 933 Requirements are supplemented by paragraph 1.1

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.

The internal control rules must be brought into line by the organization and the individual entrepreneur 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 specified regulatory legal acts, unless otherwise established by such regulations. normative 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 the 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 for the head of the organization, individual entrepreneur and employees of the organization, individual entrepreneur in order to exercise 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) 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 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 (hereinafter referred to as the program for suspending operations);

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

Information about changes:

By Decree of the Government of the Russian Federation of June 21, 2014 N 577, paragraph 4 was supplemented with subparagraph "k"

j) the program of studying the client when hiring and servicing (hereinafter referred to as the program of studying the client);

Information about changes:

By Decree of the Government of the Russian Federation of June 21, 2014 N 577, paragraph 4 was supplemented with subparagraph "l"

k) a program that regulates the course of action in case of refusal to execute the client's order to complete a transaction;

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:

b) in the organization (taking into account the peculiarities of its structure, headcount, the 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 to perform the functions of countering the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction;

a.1) taking reasonable and affordable measures in the circumstances to identify and identify beneficial owners, including measures to establish in respect of 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;

c) determination of 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 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 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 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 (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 being served or accepted for servicing, 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 public 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.

Information about changes:

Decree of the Government of the Russian Federation of June 21, 2014 N 577 Requirements are supplemented by clause 12.1

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:

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:

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 the legalization (laundering) of proceeds from crime or the financing of terrorism, includes criteria for identifying unusual transactions and their signs.

Information about changes:

Decree of the Government of the Russian Federation of June 21, 2014 N 577 Requirements are supplemented by clause 19.1

19.1. The transaction identification program includes a list of criteria and signs indicating the unusual nature of the transaction, established by the Federal Service for financial monitoring, 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 of 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 operation 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 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, 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 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 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.

The operation detection program provides for the decision by the head of the organization, individual entrepreneur or a person authorized by them to:

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;

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:

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) on 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 research program.

27. The program for documenting information provides for the preparation by an employee of an organization, an individual entrepreneur (an 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 classified as 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 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;

h) record (mark) about 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 responsible officer structural unit which performs the functions of countering 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 documenting information.

28.1. The program that regulates the course of action in case of refusal to execute a client's order to complete a 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 third part of Article 8 of the Federal Law;

f) the procedure for informing the client about the impossibility of making a transaction with funds or other property at his disposal due to the suspension of the said transaction.

29.1. The program regulating the procedure for applying measures to freeze (block) funds or other property provides for:

a) the procedure for obtaining information from the Federal Financial Monitoring Service about organizations and individuals included in accordance with Article 6 of the Federal Law in the list of organizations and individuals in respect of which there is information about their involvement in extremist activity or terrorism or in respect of which in accordance with 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;

Information about changes:

Paragraph 29.1 was supplemented by subparagraph "a.1" from September 21, 2018 - Decree of the Government of Russia of September 11, 2018 N 1081

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 among their clients of organizations and individuals 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;

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:

b) submission to the head of the organization, an 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;

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:

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);

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 accessed in a timely manner by 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.

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"

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);

1. This document defines the requirements for the development 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, internal control rules (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);

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 internal control programs in order to combat the legalization (laundering) of proceeds from crime and the financing of terrorism (hereinafter referred to as the information storage program).

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);

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 clause 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).

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;

20. The Transaction Identification Program provides for the procedure for informing an employee of an organization who has identified a transaction (transaction) subject to control to a special official 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.

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;

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.

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 documentary recording of 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, 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 additional term in the event of receipt of a court decision on the suspension of operations with funds 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 audit 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 accessed in a timely manner by 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.

Document's name:
Document Number:	667
Type of document:
Host body:	Government of the Russian Federation
Status:	current
Published:
Acceptance date:	June 30, 2012
Effective start date:	July 17, 2012
Revision date:	September 11, 2018

On the approval of requirements for internal control rules developed by organizations engaged in transactions with cash or other property, and individual entrepreneurs, and on the invalidation of certain acts...

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

On approval of the requirements for internal control rules developed by organizations engaged in transactions with cash or other property, and individual entrepreneurs, and on the invalidation of certain acts of the Government of the Russian Federation *

Document as amended by:
(Official Internet portal of legal information www.pravo.gov.ru, 06/26/2014);
(Official Internet portal of legal information www.pravo.gov.ru, 04/14/2015, N 0001201504140044);
(Official Internet portal of legal information www.pravo.gov.ru, 09/22/2016, N 0001201609220005);
(Official Internet portal of legal information www.pravo.gov.ru, 09/13/2018, N 0001201809130015).
____________________________________________________________________

________________
Decree of the Government of the Russian Federation of June 21, 2014 N 577 Decree of the Government of the Russian Federation of April 10, 2015 N 342. - See the previous edition.

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 internal control rules developed by organizations that carry out transactions with cash or other property, and individual entrepreneurs.
Decree of the Government of the Russian Federation of June 21, 2014 N 577; as amended, put into effect on April 22, 2015 by Decree of the Government of the Russian Federation of April 10, 2015 N 342 by Decree of the Government of the Russian Federation of September 17, 2016 N 933. - See previous edition)

3. Recognize as invalid:

Decree of the Government of the Russian Federation of June 10, 2010 N 967-r (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2010, N 26, Art. 3377).

Prime Minister
Russian Federation
D.Medvedev

Requirements for internal control rules developed by organizations carrying out transactions with cash or other property, and individual entrepreneurs

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

________________
* Name as amended, put into effect on July 4, 2014 by Decree of the Government of the Russian Federation of June 21, 2014 N 577; as amended, put into effect on April 22, 2015 by Decree of the Government of the Russian Federation of April 10, 2015 N 342. - See the previous edition.

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 real estate purchase and sale transactions (hereinafter referred to as individual entrepreneurs), internal control rules 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 internal control rules).
(Paragraph as amended, put into effect on September 21, 2018 by Decree of the Government of the Russian Federation of September 11, 2018 N 1081. - See previous edition)

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 investment 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.
Decree of the Government of the Russian Federation of April 10, 2015 N 342. - See previous edition)

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.

The internal control rules must be brought into line by the organization and the individual entrepreneur 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 specified regulatory legal acts, unless otherwise established by such regulations. normative legal acts.
(The paragraph was additionally included from September 30, 2016 by Decree of the Government of the Russian Federation of September 17, 2016 N 933)

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:
(Paragraph as amended, put into effect on September 30, 2016 by Decree of the Government of the Russian Federation of September 17, 2016 N 933. - See previous edition)

b) establishes the duties and procedures for the head of the organization, individual entrepreneur and employees of the organization, individual entrepreneur in order to exercise internal control;
Decree of the Government of the Russian Federation of September 17, 2016 N 933. - See previous edition)

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) an identification program for clients, representatives of clients and (or) beneficiaries, as well as beneficial owners (hereinafter referred to as the identification program);
Decree of the Government of the Russian Federation of June 21, 2014 N 577. - See previous edition)

e) a program for documenting information;

f) a program regulating the procedure for suspending operations in accordance with the Federal Law (hereinafter referred to as the program for suspending operations);
Decree of the Government of the Russian Federation of April 10, 2015 N 342; as amended, put into effect on September 30, 2016 by Decree of the Government of the Russian Federation of September 17, 2016 N 933. - See previous edition)

g) a 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;
(Subclause as amended, put into effect on April 22, 2015 by Decree of the Government of the Russian Federation of April 10, 2015 N 342 by Decree of the Government of the Russian Federation of September 11, 2018 N 1081. - See previous edition)

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 combat 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);
(Subclause as amended, put into effect on September 21, 2018 by Decree of the Government of the Russian Federation of September 11, 2018 N 1081. - See previous edition)

j) the program of studying the client when hiring and servicing (hereinafter referred to as the program of studying the client);
Decree of the Government of the Russian Federation of June 21, 2014 N 577)

k) a program that regulates the course of action in case of refusal to execute the client's order to complete a transaction;
(The subparagraph has been additionally included since July 4, 2014 by Decree of the Government of the Russian Federation of June 21, 2014 N 577)

l) a program that regulates the procedure for applying measures to freeze (block) funds or other property.
(The subparagraph was additionally included from July 4, 2014 by Decree of the Government of the Russian Federation of June 21, 2014 N 577; as amended, put into effect on September 30, 2016 by Decree of the Government of the Russian Federation of September 17, 2016 N 933. - See previous edition)

6. The internal control rules are approved by the head of the organization, individual entrepreneur.
(Clause as amended, put into effect on April 22, 2015 by Decree of the Government of the Russian Federation of April 10, 2015 N 342. - See previous edition)

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

a) a special official is appointed in accordance with the organization and the individual entrepreneur;
(Subclause as amended, entered into force on April 22, 2015 by Decree of the Government of the Russian Federation of April 10, 2015 N 342; as amended by Decree of the Government of the Russian Federation of September 17, 2016 N 933. - See . previous edition)

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 may be formed or determined to perform the functions of countering the legalization (laundering) of income received crime, financing of terrorism and financing of the proliferation of weapons of mass destruction;
(Subclause as amended, put into effect on September 21, 2018 by Decree of the Government of the Russian Federation of September 11, 2018 N 1081. - See previous edition)

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 the organization's structural divisions (employees of an individual entrepreneur) on the implementation of internal control rules.
(Subclause as amended, put into effect on April 22, 2015 by Decree of the Government of the Russian Federation of April 10, 2015 N 342. - See previous edition)

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:
Decree of the Government of the Russian Federation of June 21, 2014 N 577. - See previous edition)

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;
(Subclause as amended, put into effect on September 30, 2016 by Decree of the Government of the Russian Federation of September 17, 2016 N 933. - See previous edition)

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 reliability of the information received;
(Subclause as amended, put into effect on September 30, 2016 by Decree of the Government of the Russian Federation of September 17, 2016 N 933. - See previous edition)

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;
(Subclause as amended, entered into force on July 4, 2014 by Decree of the Government of the Russian Federation of June 21, 2014 N 577; as amended by Decree of the Government of the Russian Federation of September 11, 2018 N 1081. - See . previous edition)

c) determination of 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, positions in the federal civil service, appointment and dismissal from 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 Russian Federation;
(Subclause as amended, put into effect on July 4, 2014 by Decree of the Government of the Russian Federation of June 21, 2014 N 577. - See previous edition)

f) updating information obtained as a result of identification of clients, representatives of clients of beneficiaries and beneficial owners.
(Subclause as amended, entered into force on July 4, 2014 by Decree of the Government of the Russian Federation of June 21, 2014 N 577; as amended by Decree of the Government of the Russian Federation of September 17, 2016 N 933. - See . previous edition)

9. The identification program may additionally provide for the establishment and recording of the following data received by the organization and the individual entrepreneur in accordance with paragraph 5_4 of Article 7 of the Federal Law:
Decree of the Government of the Russian Federation of April 10, 2015 N 342. - See previous edition)

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 (share contributions).
(Subclause as amended, put into effect on September 30, 2016 by Decree of the Government of the Russian Federation of September 17, 2016 N 933. - See previous edition)

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 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 public 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.
(The paragraph was additionally included from July 4, 2014 by Decree of the Government of the Russian Federation of June 21, 2014 N 577; as amended, put into effect on September 30, 2016 by Decree of the Government of the Russian Federation of September 17, 2016 N 933. - See previous edition)

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.
(Item as amended, entered into force on July 4, 2014 by Decree of the Government of the Russian Federation of June 21, 2014 N 577; as amended by Decree of the Government of the Russian Federation of April 10, 2015 N 342. - See . previous edition)

12_1. The client study program provides for the implementation of activities aimed at obtaining information about the client specified in subparagraph 1_1 of paragraph 1 of Article 7 of the Federal Law.

At the same time, the definition of the business reputation of the client, provided for by the specified subparagraph, is understood to be his assessment based on publicly available information.
Decree of the Government of the Russian Federation of June 21, 2014 N 577)

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;
(Subclause as amended, put into effect on July 4, 2014 by Decree of the Government of the Russian Federation of June 21, 2014 N 577. - See previous edition)

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

c) in other cases stipulated by the internal control rules.
(Subclause as amended, put into effect on April 22, 2015 by Decree of the Government of the Russian Federation of April 10, 2015 N 342. - See previous edition)

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

a) operations (transactions) subject to mandatory control in accordance with Article 6 and ;
(Subclause as amended, put into effect on September 21, 2018 by Decree of the Government of the Russian Federation of September 11, 2018 N 1081. - See previous edition)

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

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 based on information about the 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.
(The paragraph was additionally included from July 4, 2014 by Decree of the Government of the Russian Federation of June 21, 2014 N 577)

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 in writing.
(Clause as amended, put into effect on April 22, 2015 by Decree of the Government of the Russian Federation of April 10, 2015 N 342. - See previous edition)

23. The program for identifying transactions provides for the procedure and cases for taking the following additional measures to study the identified unusual transaction (transaction):
(Paragraph as amended, put into effect on April 22, 2015 by Decree of the Government of the Russian Federation of April 10, 2015 N 342. - See previous edition)

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

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:
(Paragraph as amended, put into effect on April 22, 2015 by Decree of the Government of the Russian Federation of April 10, 2015 N 342. - See previous edition)

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;
(Subclause as amended, put into effect on September 21, 2018 by Decree of the Government of the Russian Federation of September 11, 2018 N 1081. - See previous edition)

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.

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;
(Subclause as amended, put into effect on September 21, 2018 by Decree of the Government of the Russian Federation of September 11, 2018 N 1081. - See previous edition)

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) on 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 research program.
(Clause 26 as amended, put into effect on July 4, 2014 by Decree of the Government of the Russian Federation of June 21, 2014 N 577. - See the previous version)

c) information about the person, foreign structure without the formation of a legal entity, conducting the operation (transaction);
(Subclause as amended, put into effect on September 30, 2016 by Decree of the Government of the Russian Federation of September 17, 2016 N 933. - See previous edition)

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

e) the date of drawing up 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, 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;
(Subclause as amended, put into effect on April 22, 2015 by Decree of the Government of the Russian Federation of April 10, 2015 N 342. - See previous edition)

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.
(Subclause as amended, put into effect on April 22, 2015 by Decree of the Government of the Russian Federation of April 10, 2015 N 342. - See previous edition)

28. The form of an internal message, the procedure, terms and method of its transmission to a special official or 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.
(Item as amended, entered into force on April 22, 2015 by Decree of the Government of the Russian Federation of April 10, 2015 N 342; as amended by Decree of the Government of the Russian Federation of September 17, 2016 N 933; as amended , put into effect on September 21, 2018 by Decree of the Government of the Russian Federation of September 11, 2018 N 1081. - See the previous edition)

28_1. The program that regulates the course of action in case of refusal to execute a client's order to complete a 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;

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.
(The paragraph was additionally included from July 4, 2014 by the Decree of the Government of the Russian Federation of June 21, 2014 N 577; as amended, put into effect on September 30, 2016 by the Decree of the Government of the Russian Federation of September 17, 2016 N 933. - See the previous edition)

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;
(Subclause as amended, put into effect on September 21, 2018 by Decree of the Government of the Russian Federation of September 11, 2018 N 1081. - See previous edition)

b) the procedure for actions aimed at suspending transactions with funds or other property in accordance with paragraph 10 of Article 7 and paragraph 8 of Article 7_5 of the Federal Law;
(Subclause as amended, put into effect on September 21, 2018 by Decree of the Government of the Russian Federation of September 11, 2018 N 1081. - See previous edition)

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 the transaction or further suspension of the 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 of the Federal Law;
(Subclause as amended, put into effect on September 21, 2018 by Decree of the Government of the Russian Federation of September 11, 2018 N 1081. - See previous edition)

f) the procedure for informing the client about the impossibility of making a transaction with funds or other property at his disposal due to the suspension of the said transaction.
(Clause as amended, put into effect on September 30, 2016 by Decree of the Government of the Russian Federation of September 17, 2016 N 933. - See the previous version)

29_1. The program regulating the procedure for applying measures to freeze (block) funds or other property provides for:

a) the procedure for obtaining information from the Federal Financial Monitoring Service about organizations and individuals included in accordance with Article 6 of the Federal Law in the list of organizations and individuals in respect of which there is information about their involvement in extremist activity or terrorism or in respect of which in accordance with Article 7_4 of the Federal Law, the interdepartmental coordinating body responsible for 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;
(The subparagraph has been additionally included since September 21, 2018 by Decree of the Government of the Russian Federation of September 11, 2018 N 1081)

b) the procedure for making a decision on the application of measures 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 by Decree of the Government of the Russian Federation of September 11, 2018 N 1081)
(Clause 29_1 was additionally included from July 4, 2014 by Decree of the Government of the Russian Federation of June 21, 2014 N 577; as amended by the Decree of the Government of the Russian Federation of September 17, 2016 N 933. - See previous edition )

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.
(Item as amended, entered into force on April 22, 2015 by Decree of the Government of the Russian Federation of April 10, 2015 N 342; as amended by Decree of the Government of the Russian Federation of September 11, 2018 N 1081 - See. previous edition)

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 in the organization and the individual entrepreneur with the rules of internal control, the requirements of the Federal Law and other regulatory legal acts;
(Subclause as amended, put into effect on April 22, 2015 by Decree of the Government of the Russian Federation of April 10, 2015 N 342. - See previous edition)

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, the client's representative, the beneficiary and the beneficial owner, 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;
(Subclause as amended, entered into force on July 4, 2014 by Decree of the Government of the Russian Federation of June 21, 2014 N 577; as amended by Decree of the Government of the Russian Federation of April 10, 2015 N 342. - See . previous edition)

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, individual entrepreneur), including business correspondence and other documents at the discretion of the organization, individual entrepreneur;
(Subclause as amended, put into effect on April 22, 2015 by Decree of the Government of the Russian Federation of April 10, 2015 N 342. - See previous edition)

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 accessed in a timely manner by 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.
(Clause as amended, put into effect on April 22, 2015 by Decree of the Government of the Russian Federation of April 10, 2015 N 342. - See previous edition)

Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"

On approval of the requirements for internal control rules developed by organizations engaged in transactions with cash or other property, and individual entrepreneurs, and on the invalidation of certain acts of the Government of the Russian Federation (as amended on September 11, 2018)

Document's name:	On approval of the requirements for internal control rules developed by organizations engaged in transactions with cash or other property, and individual entrepreneurs, and on the invalidation of certain acts of the Government of the Russian Federation (as amended on September 11, 2018)
Document Number:	667
Type of document:	Decree of the Government of the Russian Federation
Host body:	Government of the Russian Federation
Status:	current
Published:	Collection of Legislation of the Russian Federation, N 28, 07/09/2012, art. 3901
Acceptance date:	June 30, 2012
Effective start date:	July 17, 2012
Revision date:	September 11, 2018

On September 22, 2016, the text of Decree of the Government of the Russian Federation of September 17, 2016 N 933 “On Amendments to Certain Acts of the Government of the Russian Federation” was published on the official Internet portal of legal information http://www.pravo.gov.ru.

This legal act shall enter into force seven days after the day of their first official publication. Thus, the effective date of Decree N 933 is September 30, 2016.

Decree N 933 amends the previously adopted acts of the Government of the Russian Federation, regulating both the organization and implementation of internal control in order to counteract the legalization (laundering) of proceeds from crime and the financing of terrorism (hereinafter referred to as AML/CFT).

In particular, significant changes are included in the Requirements for internal control rules developed by organizations carrying out transactions with cash or other property, and individual entrepreneurs, approved by Decree of the Government of the Russian Federation of June 30, 2012 N 667.

In addition, the Regulations on the submission of information to the Federal Financial Monitoring Service by organizations engaged in transactions with cash or other property, and individual entrepreneurs and the submission by the Federal Financial Monitoring Service of requests to organizations engaged in transactions with funds or other property, have been amended and supplemented. and individual entrepreneurs, approved Decree of the Government of the Russian Federation of March 19, 2014 N 209.

Amendments to the above acts of the Government of the Russian Federation are due to the need to bring them into line with the provisions of the wording of Federal Law No. 115-FZ of 07.08.2001 “On Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism”, which entered into force on 01/10/2016.

Recall that the main novelties of this edition of Federal Law N 115-FZ:

a new type of client is provided - a foreign structure without forming a legal entity, - an appropriate concept is introduced, and the corresponding requirements for identification are established;
the list of documents that can be required from clients during identification has been expanded
the obligation to document and submit to the authorized body information on all cases of refusal to conduct transactions on the grounds specified in paragraph 11 of Article 7 of Federal Law N 115-FZ has been extended to all AML/CFT entities (previously it was mandatory only for credit institutions, as well as non-credit financial institutions supervised by the Bank of Russia);
fixed general provisions on the procedure for forming and bringing to the attention of credit institutions, as well as non-bank financial institutions supervised by the Bank of Russia, the so-called "black list of refuseniks".

However, in order to implement a number of provisions of Federal Law N 115-FZ, as amended on 01/10/2016, amendments to by-laws were required, which was done by the Resolution N 933 under consideration after only eight months.

Let us consider in more detail the content of the changes and additions that come into force on September 30, 2016.

Decree of the Government of the Russian Federation of June 30, 2012 N 667

The following fundamental and important changes can be distinguished.

1) It is established that "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." This addendum establishes a specific person who is responsible for the content of the internal control rules and the timing of their updating in accordance with changes in legislation.

It should be noted that it is a long-established practice to bring to administrative responsibility (including for non-compliance of the content of internal control rules with the requirements of the law) precisely the leading officials.

“The internal control rules must be brought into line by the organization and the individual entrepreneur 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 specified regulatory legal acts, unless otherwise established such regulatory legal acts.

A period has been established during which AML/CFT entities not supervised by the Bank of Russia must have their own internal control rules.

Earlier, Rosfinmonitoring, referring to the lack of legislative regulation of this issue, repeatedly recommended that AML / CFT entities make appropriate changes to their internal control rules within 30 calendar days from the date of entry into force of changes affecting the content of internal control rules in Federal Law No. 115- Federal Law or other normative legal acts in the field of AML / CFT (Information letter of Rosfinmonitoring dated 03.09.2012 N 20, Information message dated 05.17.2016).

Previously, in practice, there were cases when the supervisory authority, during the audit, qualified under Part 1 of Art. 15.27 of the Code of Administrative Offenses of the Russian Federation, the absence of an immediate update of the internal control rules after the entry into force of changes in legislation.

Thus, in particular, the Interregional Department of the Federal Financial Monitoring Service for the Southern Federal District, following the results of the inspection of the activities of the real estate agency, in the Inspection Act dated 06/30/2015, in addition to other identified violations, indicated that “at the time of the inspection, the company uses internal control rules from 01/01/2015. At the same time, these internal control rules do not comply with the current legislation in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism, since they are not brought into line with the amendments made by Federal Law No. 140 of 08.06.2015.”

The Arbitration Court, considering the application for declaring illegal and canceling the decision to bring to administrative responsibility in the form of an administrative fine in the amount of 50,000 rubles, indicated that “The Company uses the internal control rules of 01.01.2015 in its work, however, these rules do not comply with current legislation , since they are not brought into line with the amendments made by Federal Law No. 140-FZ dated 08.06.2015.”

The decision of the court of appeal states the following: “In the opinion of the company, in accordance with the Decree of the Government of the Russian Federation dated June 30, 2012 No. legal act which have been amended accordingly. According to the program for organizing the internal control of the company, such changes are made within 30 days from the date of entry into force of the regulatory legal act. Thus, the obligation to bring the internal control rules in line could be fulfilled before 07/09/2015. However, the documents, the results of the study of which revealed an imputed violation, are submitted for verification before the expiration of the specified period - 06/25/2015.

This argument of the company is not accepted by the court of appeal. The relevant regulatory legal act, to which the applicant refers, does not contain a provision providing for the right of the organization to independently determine the period for bringing the internal control rules in line with the current legislation. Amendments to Law No. 115-FZ were made by Federal Law No. 140-FZ of 08.06.2015, which entered into force from the date of official publication (published on the official Internet portal of legal information http://www.pravo.gov.ru - 08.06. 2015). At the time of the audit, these changes were in effect, but the company did not take them into account in the internal control rules.”

The court of cassation terminated the proceedings on the complaint, referring to the fact that in the case under consideration judicial acts cannot be appealed to the court of cassation.

Currently, the complaint of the real estate agency has been accepted for consideration by the Supreme Court of the Russian Federation.

Note that the position Supreme Court of the Russian Federation in the case under consideration (if the complaint is considered on the merits) can have a significant impact on the practice of applying the provisions of Federal Law N 115-FZ to the activities of realtors, since one of the arguments of the cashier is that the activities of the company during the audited period are not subject to the Federal Law N 115-FZ.

2) Another innovation is the indication that internal control rules must be drawn up on paper.

3) The requirements for the content of the program for identifying customers, customer representatives and (or) beneficiaries, as well as beneficial owners have been changed. Most of the changes are of a technical and stylistic nature, aimed at eliminating inaccuracies in the wording.

4) The requirements for the content of other internal control programs have been specified and supplemented:

a program that regulates the course of action in case of refusal to execute a client's order to complete a transaction;
a program that regulates the procedure for suspending operations in accordance with the Federal Law;
a program that regulates the procedure for applying measures to freeze (block) funds or other property.

Decree of the Government of the Russian Federation of March 19, 2014 N 209

The main change is an indication of the need to submit to the Federal Financial Monitoring Service information on cases of refusal to execute a client's order to make a transaction with cash or other property on the grounds specified in paragraph 11 of Article 7 of the Federal Law.

Other changes relate to the elimination of inaccuracies in the wording and clarification of references to specific provisions of the Federal Law N 115-FZ.

The next step to ensure the possibility of implementing in practice the obligation of AML / CFT entities to inform the authorized body about cases of refusal to execute the client's order to complete the transaction should be to introduce changes:

in the Order of Rosfinmonitoring dated April 22, 2015 N 110 “On approval of the Instruction on the submission to the Federal Service for Financial Monitoring of information provided for by the Federal Law of August 7, 2001 N 115-FZ “On counteracting the legalization (laundering) of proceeds from crime, and financing of terrorism” (with subsequent registration with the Ministry of Justice);
to Rosfinmonitoring Order No. 261 dated August 27, 2015 “On approval of the description of the formats of formalized electronic messages, the direction of which is provided for by the Instruction on submitting information to the Federal Financial Monitoring Service provided for by Federal Law No. 115-FZ dated August 7, 2001 “On counteracting legalization ( laundering) of proceeds from crime and the financing of terrorism”, approved by order of the Federal Financial Monitoring Service of April 22, 2015 N 110, and recommendations for filling them out”.

NEED TO MAKE CHANGES

INTERNAL CONTROL RULES FOR AML/CFT PURPOSE

For non-bank financial institutions, no changes to the internal control rules are required.

For AML/CFT entities not supervised by the Bank of Russia, when determining the deadline for making changes to the internal control rules, now one should be guided by the provisions of paragraph 1 (1) of Decree of the Government of the Russian Federation No. 667 dated June 30, 2012.

Thus, the internal control rules should be updated no later than October 30, 2016.

INTERNAL TRAINING IS REQUIRED

Non-credit financial organizations

Despite the fact that the changes made to Decree of the Government of the Russian Federation of March 19, 2014 N 209, in essence, do not apply to the relevant areas of activity of non-credit financial organizations, in order to minimize the risks of subjective claims from employees of supervisory authorities, we recommend that targeted (unscheduled) briefing be carried out in until October 05, 2016 (Clause 3.4 of Bank of Russia Ordinance No. 3471-U dated December 5, 2014 “On Requirements for Training and Education of Personnel in Non-Bank Financial Institutions”):

Other AML/CFT entities

The legislation does not establish the terms for additional briefing when changing the existing regulatory legal acts of the Russian Federation in the field of AML / CFT, as well as when the organization approves new or changes the existing ICR.

Therefore, it is advisable to conduct such briefing as soon as possible.

The current legislation does not require the issuance of any administrative act (order or instruction) for conducting internal training in the field of AML/CFT.

Thus, it is enough to draw up a document confirming the fact of the training, containing an indication of the date of the corresponding briefing, its subject, as well as the signature of the employee who underwent the training.

Decree of the Government of the Russian Federation of 05.08.2013 N 667 "On maintaining a unified database for the implementation of measures," (together with the "Rules for maintaining a unified database for the implementation of measures related to ensuring the safety of donor blood and its components, development, organization and promotion of blood donation and its components")

"On maintaining a unified database for the implementation of activities related to ensuring the safety of donor blood and its components, the development, organization and promotion of donation of blood and its components" (together with the "Rules for maintaining a unified database for the implementation of activities related to ensuring the safety of donor blood and its components, development, organization and promotion of blood donation and its components")

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ABOUT MANAGEMENT

UNIFIED DATABASE FOR THE IMPLEMENTATION OF ACTIVITIES,

BLOOD SECURITY RELATED

AND ITS COMPONENTS, DEVELOPMENT, ORGANIZATION AND PROMOTION

DONATION OF BLOOD AND ITS COMPONENTS

In accordance with Part 2 of Article 21 of the Federal Law "On Donation of Blood and Its Components", the Government of the Russian Federation decides:

1. Approve the attached Rules for maintaining a unified database for the implementation of activities related to ensuring the safety of donated blood and its components, development, organization and promotion of donation of blood and its components.

2. Determine that:

a unified database for the implementation of activities related to ensuring the safety of donor blood and its components, the development, organization and promotion of donation of blood and its components is the state information system of the blood service;

The Ministry of Health of the Russian Federation carries out general coordination of the maintenance of the specified unified database, and the Federal Medical and Biological Agency - its maintenance and development;

executive authorities of the constituent entities of the Russian Federation in the field of health protection ensure coordination of the activities of the relevant government organizations subjects of the Russian Federation and municipal organizations associated with their participation in the maintenance of the said unified database.

3. The implementation of the powers arising from this resolution is carried out by the relevant federal executive bodies within the limits established by the Government of the Russian Federation of the maximum number of employees of their central offices and budget allocations provided for in federal budget for leadership and management in the area of established functions.

Prime Minister

Russian Federation

D. MEDVEDEV

Approved

Government Decree

Russian Federation

MAINTAINING A SINGLE DATABASE FOR THE IMPLEMENTATION OF ACTIVITIES,

BLOOD SECURITY RELATED

AND ITS COMPONENTS, DEVELOPMENT, ORGANIZATION AND PROMOTION

DONATION OF BLOOD AND ITS COMPONENTS

1. These Rules establish the procedure for maintaining a unified database for the implementation of measures related to ensuring the safety of donor blood and its components, the development, organization and promotion of donation of blood and its components (hereinafter referred to as the database of donation of blood and its components), including the maintenance federal register of donors (hereinafter referred to as the register), the terms and form of information submission for placement in the database of donation of blood and its components, as well as the procedure for accessing information contained in the database of donor blood and its components, and its use.

2. Maintaining and ensuring the functioning of the database of blood donation and its components is carried out by the Federal Medical and Biological Agency (hereinafter referred to as the operator).

3. Placement of information in the database of blood donation and its components, its processing, storage, use, as well as access to such information and its protection are carried out by the operator and organizations engaged in activities in the field of circulation of donor blood and (or) its components, in compliance with requirements of the legislation of the Russian Federation on information, information technology and on the protection of information and the legislation of the Russian Federation in the field of personal data.

4. Maintaining a database of blood donation and its components is carried out using an automated infrastructure information system transfusiology, which allows, among other things, to process information based on the use of common formats.

5. In the database of donation of blood and its components in real time, the daily collection of information is provided:

a) on the volume of donated blood and its components;

b) on the stock of donor blood and its components, indicating the blood type, Rh-affiliation and phenotype;

d) circulation of donor blood and (or) its components;

e) on the activities of the subjects of circulation of donor blood and (or) its components (from January 1, 2016);

f) on the number of cases of donated blood and (or) its components and their volume donated to organizations located outside the territory of the Russian Federation;

g) about persons (personal data) who have medical contraindications (temporary or permanent) for donating blood and (or) its components.

6. The database of donation of blood and its components contains a register in which the following information is entered on a daily basis about each donor after he performs the donor function:

a) surname, name and patronymic, in case of their change - other surname, name and patronymic;

b) date of birth;

d) information on registration at the place of residence or stay;

e) details of a passport or other identity document;

f) date of inclusion in the register;

g) blood type, Rh affiliation, information about the studied antigens and the presence of immune antibodies;

h) information about previous donations;

i) information about past infectious diseases, being in contact with infectious patients, staying in territories where there is a threat of the emergence and (or) spread of mass infectious diseases or epidemics, about the use drugs, psychotropic substances, about working with harmful and (or) hazardous conditions labor, as well as vaccinations and surgical interventions performed within one year before the day of donating blood and (or) its components;

j) information on awarding the badges "Honorary Donor of the USSR" and "Honorary Donor of Russia".

7. The database of blood donation and its components contains:

a) information specified in subparagraphs "a" - "e" of paragraph 5 and subparagraphs "a" - "h" of paragraph 6 of these Rules - by organizations engaged in activities in the field of circulation of donated blood and (or) its components;

b) the information specified in subparagraph "k" of paragraph 6 of these Rules - by the operator.

8. The information specified in subparagraph "g" of paragraph 5 and in subparagraph "i" of paragraph 6 of these Rules is transmitted daily by specialized medical organizations(anti-tuberculosis, dermatovenerological, narcological, neuropsychiatric dispensaries, centers for the prevention and control of AIDS and infectious diseases, centers for hygiene and epidemiology of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare, as well as centers for hygiene and epidemiology of the Federal Medical and Biological agency) to the operator or the relevant organization carrying out activities in the field of circulation of donated blood and (or) its components, which place it in the database of donation of blood and its components.

9. The information required to maintain a database of blood donation and its components is presented in the form electronic document signed electronic signature, or a document on paper, the form of which is approved by the Ministry of Health of the Russian Federation.

10. Placement in the database of blood donation and its components of information is carried out by the operator and organizations engaged in activities in the field of circulation of donor blood and (or) its components, by making a register entry on the day the relevant information is received. The register entry is automatically assigned a unique number, and the date of its entry is indicated.

11. Changes to the information contained in the database of donation of blood and its components are carried out in the manner prescribed by the operator, while maintaining a unique register entry number.

12. Access to the information contained in the database of blood donation and its components is carried out using software and hardware tools that allow identifying the person accessing the information.

13. Storage in the database of blood donation and (or) its components of information is carried out for 30 years from the date of its placement.

14. The authorized persons of the operator who operate the database of blood donation and its components and have access to the information contained in it, appoint persons responsible for ensuring the measures provided for by the legislation of the Russian Federation to protect this information.