New obligations of credit institutions. A program that regulates the procedure for applying measures to freeze (block) funds or other property Banks that rarely block settlement accounts of individual entrepreneurs and LLCs
14.1. The procedure for obtaining information posted on the official website of Rosfinmonitoring in the information and communication network "Internet".
14.1.1. In order to fulfill the obligation to freeze (block) funds and (or) other property of the lessee (client), SDCR CJSC is registered on the official website of Rosfinmonitoring in the Internet information and telecommunication network.
14.1.2. Access to information on the above site in the "Personal Account" section is available to:
- CEO;
- Special official;
- Employees who directly interact with applicants when considering applications for leasing and with lessees (clients) during the period of validity of leasing agreements concluded with them.
14.1.3. The special official regularly, on the day of receiving a notification about updating the information posted on the Rosfinmonitoring information portal, receives information in the "Personal Account" section about the availability of another decision of the Interdepartmental Coordinating Body on the application of freezing (blocking) measures, and / or a new version of the List of extremists and terrorists. Information about the availability of the next decision of the Interdepartmental Coordinating Body on the application of freezing (blocking) measures and / or on the availability of a new version of the List of extremists and terrorists is stored electronically, and is communicated by a special official to all employees involved in the implementation of the AML/CFT IRC through sending them electronic messages marked with the heading "Force of Use" as information of limited distribution.
14.1.4. Persons authorized to check lessees (clients) and persons related to them for belonging to the List are employees who interact with applicants when considering applications for leasing and with lessees (clients) during the period of validity of leasing agreements concluded with them. Correlation with the persons involved in the list and the list of persons in respect of which it was decided to apply measures to freeze (block) funds and other property is carried out in the process of primary and subsequent identification of applicants for leasing services, lessees (clients), their representatives, beneficiaries, beneficial owners , members of lessees (clients) - legal entities, as well as with each update of the List and the list of persons in respect of which it was decided to apply measures to freeze (block) funds and other property on the information portal of Rosfinmonitoring in the information and communication network Internet. Matches revealed as a result of such correlation are recorded in the questionnaire (dossier) of the lessee (client).
14.1.5. The list of employees authorized to check lessees (clients) and related persons is determined by the Order of the General Director.
14.2. The procedure for applying measures to freeze (block) funds and other property.
14.2.1. Not later than one working day after the publication of the Rosfinmonitoring website of the next decision of the Interdepartmental Coordinating Body on the application of measures to freeze (block) and / or a new version of the List of extremists and terrorists, a special official checks the data contained in the register and in online access to the data of existing and newly accepted lessees for service (customers) and persons associated with them for belonging to the persons involved in the updated version of the List. The same reconciliation of the data of the lessees (clients) supervised by them is carried out by employees who have access to the personal account. The results of the audit are recorded in electronic format (indicating the date and time of the audit) in the summary sheet "Inspection of organizations or individuals in respect of which there is information about their involvement in extremist activities or terrorism, based on the decisions of the Interdepartmental Commission on Combating the Financing of Terrorism" ( Appendix No. 12).
14.2.2. If it turns out that the lessee and (or) its counterparty, representative, beneficiary or beneficial owner:
- are or were included in the List during the period of the leasing agreement;
- or decisions of the Interdepartmental Coordinating Body on the application of measures to freeze (block) funds or other property were taken in relation to them, in the absence of grounds for inclusion in the List;
The employee interacting with the lessee immediately draws up a message about this to a special official.
14.2.3. The special official immediately reviews the received message, makes a mark on it and passes the message to the General Director.
14.2.4. The General Director immediately takes the final decision on the application of freezing measures, which he makes a note on the form (or electronic form) of the message, which he passes to a special official and instructs him to prepare a draft order to freeze (block) funds and other property of the lessee (client) .
14.2.5. A special official prepares a draft order, submits it to the General Director for signing. The order signed by the Director General is transferred to a special official for carrying out freezing (blocking) measures.
14.2.6. A special official takes measures to freeze (block) the funds and / or property of the lessee (client) and gives an appropriate order to the accounting department, a lawyer and other employees authorized to exercise administrative functions with the property of the lessee (client).
14.3. The procedure for recording information on the measures taken to freeze (block) funds or other property belonging to the lessee (client).
14.3.1. The administrative document on the basis of which the freezing (blocking) of funds or other property of the lessee (client) is carried out is the order of the General Director to prohibit transactions with funds belonging to lessees (clients) included in the List of extremists and terrorists, or in respect of which a decision was made by the Interagency Coordinating Body on the application of freezing (blocking) measures.
14.3.2. The order contains the following information about the lessee (client) or a person related to him:
- information about the lessee (client), his representative, beneficiary, beneficial owner (name, TIN, PSRN - for a legal entity, full name, passport details, TIN (if any) - for an individual, full name ., passport data, TIN (if any), OGRNIP - for an individual entrepreneur);
- date and time of application of measures to freeze (block) funds or other property of the lessee (client);
- the amount and status of the frozen (blocked) funds, and if the measures are applied in relation to the pledged property, the type and identifying features of such property;
- a list of measures to freeze (block) funds and/or other property to be carried out by employees of CJSC "SCDR";
- an employee interacting with this lessee (client) and other employees responsible for the execution of the order.
14.3.3. The order prohibits:
- provide the lessee (client) with property on lease;
- transfer to the lessee (client) the ownership of the property previously leased by him under the terms of the leasing agreement, after he fully fulfills his obligations under the agreement;
- pay to the lessee (client) the funds provided by them to CJSC STsDR as a security advance payment.
14.3.4. When the lessee (client) claims to pay out the said funds, the procedure provided for in clause 9.3.2 of the Operations Suspension Program should be applied, namely, to remove the encumbrance imposed in favor of CJSC "SCDR" from the pledge pledged on the basis of the collateral agreement, if the mortgagor is lessee (client).
14.3.5. After the completion of all measures to freeze (block) the funds and / or property of the lessee (client), a special official makes a note on the actions taken in the order that was transferred to him for execution and places it in a special file of documents that draw up decisions on freezing ( blocking) funds.
14.3.6. The lessee (client), in respect of which measures have been taken to freeze (block) funds and (or) other property, is assigned an increased risk level, about which a special official makes a corresponding note in the questionnaire (dossier) of the lessee (client), taken into account in a special register of the register of lessees.
14.3.7. Organizations and (or) individuals that are with a lessee (client) - an organization or an individual in respect of which a decision has been made to freeze (block) funds and other property, in civil, labor or other relations giving rise to obligations of a property nature, and those who have suffered property damage as a result of measures taken to freeze (block) funds and other property of this lessee (client), have the right to apply to the court with a civil claim against him for compensation for property damage.
14.3.8. If the court satisfies the said claim, the recovered amount and legal expenses shall be reimbursed at the expense of frozen (blocked) funds or other property belonging to the defendant.
14.4. The procedure and frequency of checking the presence among lessees (clients) of persons in respect of whom measures to freeze (block) funds or other property have been applied or should be applied. Ways to record the results of the audit.
14.4.1. In case of application of measures to freeze (block) funds or other property of the lessee (client), CJSC "SCDR" immediately on the day of their application, informs Rosfinmonitoring of the measures taken.
14.4.2. Information on the measures taken to freeze (block) the funds of the lessee (client) is sent by a special official to Rosfinmonitoring in the form of a formalized electronic message through the Personal Account of CJSC "SCDR" on the portal of Rosfinmonitoring in the information and telecommunication network "Internet" through communication channels determined and used by Rosfinmonitoring to transmit information.
14.4.3. In addition to current checks, once every three months, a special official checks the presence among lessees (clients) of organizations and individuals in respect of which freezing (blocking) measures have been applied or should be applied. The three-month period is calculated from the date of completion of the previous audit. Information on the results of the audit is sent by a special official to Rosfinmonitoring no later than three working days after the day the audit is completed.
14.4.4. Summary data on the checks carried out to determine whether lessees (clients) belong to the persons included in the List, and to persons in respect of whom measures have been taken or should be taken to freeze (block) funds and other property, are quarterly included by a special official in the report on the implementation of internal measures. control for subsequent accounting in the annual report submitted to the Director General.
14.4.5. A summary check and the preparation of its results in a report is carried out by a special official within one working day, no later than 10 days after the end of the quarter. Reports on the results of the inspection are kept by a special official in a separate file.
14.4.6. For the purposes of the report, the number of lessees (clients) during the reporting period is determined as the arithmetic mean between the number of lessees (clients) as of the beginning and end of the reporting period.
14.5. The procedure for accounting and recording information on the funds issued to lessees (clients) - individuals included in the list of organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism (hereinafter - the List).
14.5.1. If CJSC "SCDR" made a decision to freeze (block) funds and other property of the lessee (client) - an individual included in the list on the grounds provided for in clauses 2, 4, 5, part 2.1, art. 6 of Law No. 115-FZ, such a lessee (client) has the right, in order to ensure his own life, as well as the life of members of his family living together with him, who do not have independent sources of income:
- Receive and spend wages from the funds transferred by him and frozen by CJSC "STsDR" in an amount not exceeding 10,000 rubles per calendar month based on each specified family member.
- Carry out, in compliance with the mode of suspension of operations established by Part 10, Art. 7 of Law No. 115-FZ and Chapter 9 of the IRC on AML / CFT, operations to receive and spend wages from funds transferred to them and frozen by CJSC "SCDR" in an amount exceeding 10,000 rubles, as well as to make payments on obligations, that arose before the inclusion of this lessee (client) in the List.
14.5.2. If the decision to freeze (block) the funds of the lessee (client) was taken by the interdepartmental coordinating body that performs the functions of combating the financing of terrorism, on the grounds provided for in Part 1, Art. 7.4 of Law No. 115-FZ, this lessee (client) can apply to CJSC "SCDR" with an application for the appointment of a monthly humanitarian allowance to ensure his life and his family members living with him, who do not have a permanent source of income from transferred to them and frozen CJSC "STsDR" funds. On the basis of the received application, CJSC "SCDR" sends to the interdepartmental coordinating body that performs the functions of combating the financing of terrorism, a petition for the appointment of such a lessee (client) of a monthly humanitarian allowance.
14.5.3. The interdepartmental coordinating body that performs the functions of combating the financing of terrorism makes a decision to assign this lessee (client) a monthly humanitarian allowance in an amount not exceeding 10,000 rubles per month. The said allowance is paid to ZAO STsDR from the funds transferred by the lessee (client) and frozen by ZAO STsDR.
14.5.4. The decision on the amount, frequency and procedure for the payment of the monthly humanitarian allowance provided for in paragraphs 14.5.1, 14.5.2 of these Rules is taken by the General Director based on the application of the lessee (client).
Payments provided for in paragraphs 14.5.1, 14.5.2 of these Rules are documented by cash debit orders or payment orders and are accounted for in accordance with the procedure for accounting operations established by CJSC "SCDR".
14.6. The procedure for informing the lessee (client) about the failure to carry out a transaction with cash or other property of the lessee (client) due to the availability of information about his involvement in extremist activities or terrorism, received in accordance with Part 2 of Art. 6 and part 2 of Art. 7.4 of Law No. 115-FZ.
14.6.1. On the day of issuance of the General Director's order on the application of measures to freeze (block) funds and / or other property of the lessee (client), he is handed over to him and / or sent by post a notification of the application of such measures. A special official is responsible for sending the said notification.
14.6.2. The notice informs about the prohibition to carry out transactions with funds and other property belonging to the lessee (client) included in the list of extremists and terrorists, or to the decision of the Interdepartmental Coordinating Body, which performs the functions of combating the financing of terrorism, on freezing (blocking) the assets belonging to the lessee (client) ) money or other property.
Also, the notice states:
- information about the lessee (client) (name, TIN, PSRN - for a legal entity, full name, passport data, TIN (if any) - for an individual, full name, passport data, TIN (if available), OGRNIP - for an individual entrepreneur);
- grounds for applying measures to freeze (block) funds or other property;
- date and time of application of measures to freeze (block) funds or other property of the lessee (client) and related persons;
- the type of property of the lessee (client), in respect of which freezing (blocking) measures have been applied, indicating the identifying features of such property.
14.7. The procedure for informing Rosfinmonitoring of the measures taken to freeze (block) funds or other property of the lessee (client), as well as the results of the audit
14.7.1. Information on the measures taken to freeze (block) funds or other property of the lessee (client) - an organization or individual included in the list of organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism, or organizations and ( or) an individual in respect of which the interdepartmental coordinating body performing the functions of combating the financing of terrorism has decided to freeze (block) the funds or other property belonging to such an organization or individual, are sent to Rosfinmonitoring immediately on the day the freezing (blocking) measures are applied ) cash or other property of an organization and an individual.
14.7.2 Information about the measures taken to freeze (block) funds or other property of an organization and (or) an individual and the results of the checks carried out are sent by a special official to Rosfinmonitoring in the form of a formalized electronic message through the Personal Account of CJSC "SCDR" on the portal of Rosfinmonitoring in the information and telecommunications network "Internet" through communication channels determined and used by Rosfinmonitoring for the transmission of information
14.7.3 In exceptional cases, when, for reasons beyond the control of CJSC "SCDR", he is unable to transfer to the FES through the Personal Account information on the measures taken to freeze (block) funds or other property of the organization and (or) individual and on the results of the audits can be submitted on paper or on magnetic, optical or digital media with a cover letter signed by the Chairman of the Board by sending registered mail directly to Rosfinmonitoring with acknowledgment of receipt. A special official prepares a draft of such a letter and monitors compliance with the deadline set in clause 14.7.1 of these Rules for sending it to Rosfinmonitoring.
14.8. The procedure for terminating measures to freeze (block) funds or other property of the lessee (client) and related persons.
14.8.1. The funds and other property of the lessee (client) are frozen (blocked) until the date of exclusion of information about such persons from the List of extremists and terrorists, or until the date of cancellation of the decision of the Interdepartmental Coordinating Body, which performs the functions of combating the financing of terrorism, on freezing (blocking) belonging to the lessee ( client) cash or other property.
14.8.2. After exclusion of the lessee (client) from the List of extremists and terrorists, or cancellation of the decision of the Interdepartmental Coordinating Body, which performs the functions of combating the financing of terrorism, to freeze (block) funds and other property belonging to such persons, the Director General issues an order to cancel the measures taken to freeze (blocking) of funds and other property. Such an order is issued on the basis of a draft prepared by a special official, no later than one working day from the date of posting on the website of Rosfinmonitoring information about the exclusion of information about the lessee (client) from the List, or the cancellation of the relevant decision of the Interdepartmental Coordinating Body, which performs the functions of combating the financing of terrorism.
14.8.2. Information about the cancellation of the earlier decision to freeze (block) funds is sent by a special official to Rosfinmonitoring on the day the order is issued.
Some entrepreneurs face account blocking in their activities. And often it happens on the basis of Federal Law 115. Only not all businessmen know what are the reasons for such an action on the part of the bank.
This legal act refers to the legalization of funds that were obtained illegally. And if at least once the account of a legal entity was "frozen" on suspicion of such fraud, then it is blacklisted by all banks.
However, there are precautions that can be taken to avoid blocking. We will talk about them today. You will also learn what to do if your account has already suffered an unpleasant fate.
Account blocking under 115 FZ
One fine day, a businessman may find that his account is blocked. What to do in this case, is it possible to get your money and how to make settlements with counterparties?
Reasons for freezing an account- These are suspicious transactions that are carried out on your account. For example, a large amount was deposited into the account in small payments for a long time, or, conversely, you constantly remove large limits. Banks do not like such transactions and are often grounds for blocking.
According to Federal Law 115, a credit institution has the right to freeze any account if it suspects that you are engaged in money laundering, that is, you are trying to conduct operations that make illegally obtained funds legal.
It follows from the law that . Each of them has a financial monitoring service that closely monitors the transactions on the accounts of all customers. Most often, individual entrepreneurs and small businesses fall under the freezing of the account. It is their activities that involve frequent withdrawals and deposits of cash, which arouses the suspicions of banks.
True, people who can make mistakes also work in credit organizations. And often accounts are blocked for no reason. For example, you are a law-abiding citizen, running a “right” business and in no way connected with criminal blocking. In this case, a claim for illegal blocking of your account by the bank will help.
However, the consequences of freezing even when drawing up such a document will be disappointing. You will have to prove that the transactions on the account are legal. To do this, you will need to provide all the papers confirming this fact. They should reflect all the amounts that passed through your account before blocking. Only after a thorough study of the submitted documents, banks make a decision to unfreeze the client's account.
Let's take a closer look at the reasons for blocking an account. The legislation gives such a right to banks in the presence of the following reasons:
- if one of the counterparties is a terrorist (their base is located in any bank. And even if you didn’t know who you were dealing with, then blocking definitely cannot be avoided);
- when carrying out transactions in the amount of more than 600,000 rubles (it is this limit that Rosfinmonitoring suspects. It doesn’t matter if you withdraw money, deposit it or transfer it to someone);
- the parties to the transaction carry out operations on behalf of the wanted persons;
- the bank has suspicions that the documents submitted by you to confirm the legitimacy of the operation carried out on the account are real;
- The Federal Tax Service became interested in your account and instructed the bank to freeze the account (the tax office also monitors transactions on bank customer accounts);
- if a large number of money transfers are made from the organization in favor of individuals.
How to find out if an account is blocked and for how long
If your account is blocked by the bank, you will know about it in the near future. You will not be able to perform any operations on it. It is impossible to deposit money, withdraw it or send it even to your own card. Only the balance view option will be available in your account. Agree, the prospect is not pleasant.
You can learn about blocking an account from the mouth of a bank employee. To do this, you need to go to the department and draw up an application for reporting the reasons for freezing. The specialist will make a request to the appropriate bank service, and then provide you with a written notice. True, some banks neglect this action and customers are not informed about the reasons.
In any case, all operations are suspended, and you can only wait. The average account blocking period is 1.5 months. At this time, you will not be able to dispose of it. The sooner supporting documents are provided, the sooner the bank will consider your application for unblocking.
It is better not to delay this, since in this case your business may lose profit, and besides, you will have to look for alternative ways of settling with counterparties and government authorities, in addition to a bank account.
Often the most “sober” decision in such a situation is to close the account. Sometimes banks consider documents for too long, which is detrimental to business, especially if the amount in the account is large. When you terminate the agreement with the bank, you will get access to your own funds.
How to avoid account blocking
By following some rules, you can avoid freezing your account. With any banking operation, you need to be extremely careful, and our table will help you understand their intricacies.
| What banks don't like | Tips |
| The company has several accounts, each of which conducts different operations (for example, taxes are paid one by one, and settlements with counterparties are made differently) | If possible, use one account for all transactions in your activity or reduce their number to the minimum possible |
| “Mass” legal address (there are offices that register a large number of different companies at one address for a fee) | It is better for a self-respecting company to have an individual legal address, which will be documented |
| Director's age is under 22 or over 60 | Banks trust directors aged 35 to 55 more |
| The founder of the company is also the founder of several other companies | In this case, know that you will always be under suspicion from banks. |
| Purpose of payment is unclear | In any payment, indicate clear details of contracts or other grounds for transferring funds |
| The manager does not get in touch with the bank | If you change your phone number, be sure to inform the bank about it. |
| Tax payable is too low | Find out the average amount of taxes payable by industry load. The one you pay must not be lower |
| The company has only a CEO | It is better to have a small staff of employees whose job responsibilities are clearly delegated |
What to do if your account is blocked
Many businessmen believe that if one account is blocked, it will not be difficult to continue their activities. However, they are wrong. Even when applying to another credit institution, you may be denied opening a new account.
As soon as your account is frozen, this information is sent to all banks, and therefore contacting another bank will not correct the situation. This measure is legal, and you have no right to oppose it.
When you block your account, you will need to follow these steps to get access to your money as quickly as possible:
- find out the reason for the freeze (the bank will provide you with a written answer, on the basis of which you need to proceed further);
- prepare a package of documents that justify transactions on the account (for example, papers confirming a large purchase for business purposes);
- if the account is blocked by a court decision, then you need to file an appeal (the court will consider the situation and, if it does not find reasons for freezing, then your account will quickly become available);
- if possible, contact law firms that provide advice. Situations are different, and experienced specialists will tell you how to figure it out faster;
- close the account if the bank takes a long time and does not meet you halfway (if you really performed operations within the law).
Banks that rarely block settlement accounts of individual entrepreneurs and LLCs
Below is a list of banks with the most favorable conditions in Russia.
On June 30, 2013, Federal Law No. 134-FZ dated June 28, 2013 “On Amendments to Certain Legislative Acts of the Russian Federation Regarding Counteracting Illegal Financial Transactions” (hereinafter referred to as Law No. 134-FZ) came into force (with the exception of certain provisions), which amended 26 federal laws. The amendments being made to federal laws are aimed at creating conditions for preventing, detecting and suppressing illegal financial transactions, including those involving shell companies, as well as combating money laundering, terrorist financing, tax evasion and customs payments, as well as obtaining corrupt income.
A significant part of the changes directly relates to the activities of credit institutions and imposes a number of new obligations on them, which will require credit institutions to take a number of measures to significantly rework internal documents (including internal control rules in order to counteract the legalization (laundering) of proceeds from crime, and financing of terrorism (hereinafter referred to as the AML/CFT ICR), documents governing the procedure for opening accounts, including establishing a list of documents provided by clients for opening an account, standard forms of client questionnaires, etc.) and standard agreements concluded with clients, as well as improvements to the corresponding software. It is obvious that the implementation of the new legal requirements by credit institutions will not be without significant financial and labor costs. We have to admit that the state is increasingly using credit organizations in solving problems related to combating illegal financial transactions by assigning additional control functions to them.
The subject of this article is the consideration of new legal requirements relating to the activities of credit institutions.
In short, the changes in legislation affecting the activities of credit institutions are as follows:
New obligations of organizations carrying out transactions with funds have been established. The concepts of “beneficial owner”, “blocking (freezing) of non-cash funds” have been introduced;
Changed and supplemented the grounds for refusal to conclude a bank account agreement and its termination;
The order of access of state bodies to information constituting bank secrecy has been changed;
Credit institutions are obligated to report to the tax authority about the opening (closing) of an account for an individual who is not an individual entrepreneur, as well as about the opening (closing) of a contribution (deposit) for taxpayers.
Significant amendments were made by Law No. 134-FZ to Federal Law No. 115-FZ dated 07.08.2001 “On countering the legalization (laundering) of proceeds from crime and the financing of terrorism” (hereinafter referred to as Law No. 115-FZ) and relate to changes in the functions of organizations carrying out transactions with cash or other property, which (among others) include credit institutions.
The amendments to Law No. 115-FZ are aimed at curbing illegal financial transactions and take into account the recommendations of the Financial Action Task Force on Money Laundering (FATF), adopted in February 2012.
The FATF is an intergovernmental organization that develops global standards in the field of combating money laundering and terrorist financing. The FATF was established in 1989. Currently FATF members are 32 states and 2 international organizations. Russia was accepted as a permanent member of the FATF in June 2003.
As stated in the FATF Recommendations, countries have different legal, administrative and operational structures and different financial systems, and therefore cannot take identical measures to counter these threats. Therefore, countries should adapt the FATF Recommendations, which set international standards, to their specific circumstances.
I would like to draw special attention to certain FATF Recommendations, which were taken into account in Law No. 134-FZ.
(a) identification of the client and confirmation of the identity of the client using reliable, independent primary documents, data or information;
(b) identifying the beneficial owner and taking such reasonable steps to verify the identity of the beneficial owner as to enable the financial institution to believe that it knows who the beneficial owner is. For legal persons and arrangements, this should include obtaining information by financial institutions about the management structure and ownership of the client;
(c) understanding and, where appropriate, obtaining information about the purpose and intended nature of the business relationship;
(d) conducting due diligence on business relationships on an ongoing basis and carefully reviewing transactions entered into within such relationships to ensure that the transactions conducted are consistent with the financial institution's knowledge of the customer, its business activities and the nature of the risks, including, where necessary, about the source of funds.
Financial institutions should be required to apply the above CDD measures in a risk-based approach (RBA).
Financial institutions should be required to verify the identity of the customer and beneficial owner before or during the establishment of a business relationship or transactions (transactions) with occasional customers.
Where a financial institution fails to comply with the requirements of paragraphs (a) to (d) subject to the application of a risk-based approach, it should be obliged not to open an account, not to enter into a business relationship and not to carry out a transaction; or it should be required to terminate the business relationship; and he should consider submitting a suspicious transaction (transaction) report in relation to this client.
These requirements should apply to all new customers, although financial institutions should also apply this recommendation to existing customers based on the size of the business relationship and the risk involved, and should conduct due diligence on such existing relationships in an appropriate time frame.
The FATF Recommendations expand on the term beneficial owner, which the refers to the individual(s) who ultimately owns or controls the customer and/or the individual on whose behalf a transaction is being conducted. It also includes those persons who ultimately exercise effective control over the legal person or arrangement. The indication "ultimately owns or controls" and "ultimate effective control" refers to situations in which ownership or control is exercised through a chain of ownership or control other than direct control.
The explanatory note to Recommendation 10 states that financial institutions should be required to identify the beneficial owners of a customer and take reasonable steps to verify the identity of such persons using the following information (for legal entities):
(i.i) personal data of natural persons (if any, since it is possible to distribute interests in such a way that there may not be natural persons (whether acting alone or jointly) exercising control of the legal entity through ownership) who ultimately own a controlling interest in a legal entity (with a controlling interest depending on the ownership structure of the company. It can be based on a threshold value, for example, any person owning more than a certain percentage of the company, for example, 25%); and,
(i.ii) in cases where there is doubt under paragraph (i.i), whether the persons (person) with a controlling interest are the beneficial owners (owner), or no individual exercises control through property interests, personal data of individuals (if any) exercising control of a legal entity or entity on other grounds;
(i.iii) if the individuals identified in (i.i) or (i.ii) above are not identified, financial institutions must identify and take reasonable steps to verify the identity of the relevant individual holding the senior management position.
Client identification andbeneficial owners under Russian law
When accepting for service and servicing clients - legal entities receive information about the purpose of establishing and the intended nature of their business relationship with a credit institution;
On a regular basis, take reasonable and available in the circumstances measures to determine the goals of financial and economic activities, financial position and business reputation of clients;
Take reasonable and available under the circumstances measures to identify beneficial owners.
It should be noted that the enshrining of the above obligations in legislation is not new for credit institutions, since such obligations in other wordings are contained as recommendations in the documents of the Bank of Russia.
Thus, according to the recommendations of the Bank of Russia set out in Letter No. 92-T dated June 30, 2005, the implementation of the “Know Your Customer” principle in a credit institution provides for: thorough verification of the accuracy of information provided by customers and counterparties, founders (participants); analysis of documents that determine the legal status of the client and counterparty, as well as the powers of persons concluding contracts; determination of the scope of activities of clients and counterparties, analysis of information about their business reputation, analysis of changes in reporting indicators, changes in the scope of activities of regular customers and counterparties. When establishing relationships with legal entities, it is recommended that a credit institution take reasonable and accessible measures to identify and identify persons who are able to directly or indirectly (through a third party) have a significant impact on decisions made by the legal entity's management bodies.
Law No. 134-FZ introduces and discloses the concept of " beneficial owner» – an individual who ultimately directly or indirectly (through third parties) owns (has a predominant participation of more than 25 percent in the capital) a client - a legal entity, or has the ability to control the actions of a client.
Law 134-FZ clarifies that organizations that carry out transactions with cash or other property are required to identify the client, the client's representative and (or) the beneficiary before accepting a client for service.
At the same time, the identification of beneficial owners is not carried out (with the exception of cases when the authorized body sends a request in accordance with subparagraph 5 of paragraph 1 of Article 7 of Law No. 115-FZ) in case of accepting clients who are:
state authorities, other state bodies, local governments, institutions under their jurisdiction, state extra-budgetary funds, state corporations or organizations in which the Russian Federation, constituent entities of the Russian Federation or municipalities have more than 50 percent of shares (stakes) in the capital;
international organizations, foreign states or administrative-territorial units of foreign states with independent legal capacity;
issuers of securities admitted to organized trading, which disclose information in accordance with the legislation of the Russian Federation on securities.
If, as a result of the adoption of the measures provided for by Law No. 115-FZ for the identification of beneficial owners, the beneficial owner is not identified, the sole executive body of the client can be recognized as the beneficial owner.
Organizations that carry out transactions with cash or other property are also required to update information about clients, client representatives, beneficiaries and beneficial owners at least once a year, and in case of doubts about the reliability and accuracy of previously received information - within seven business days following the day such doubts arise.
In turn, clients are obliged (previously, the legislation did not provide for such a client’s obligation) to provide organizations engaged in transactions with funds or other property with the information necessary for the said organizations to fulfill the requirements of Law No. 115-FZ, including information about their beneficiaries and beneficial owners.
In my opinion, when implementing the FATF Recommendations into Russian legislation, the legislator did not fully take into account the norms of the current corporate legislation and the practice of their application. The definition of the concept of beneficial owner is not clear, which may be the basis for different interpretations of this concept by credit institutions, their clients and the regulator. In my opinion, such categories as "indirect ownership of the client" and "the ability to control the actions of the client" require additional clarification. It will be quite difficult for credit institutions and their clients, guided by the new legal requirements, to identify and identify the beneficial owner. Understanding this complexity, the legislator requires credit institutions to take reasonable and affordable measures in the circumstances to identify beneficial owners (in contrast to the unambiguous requirement to identify the client, client representative and (or) beneficiary). Most likely, credit institutions will approach the fulfillment of the requirements for the identification of the beneficial owner formally and will limit themselves to obtaining relevant information upon request from the client.
During the discussion of the draft law, a quite reasonable, in my opinion, opinion was expressed that the possible implementation of the requirements for the identification of beneficial owners “may take place at the stage of state registration of legal entities, when the founders of legal entities will be required to disclose all the chains of beneficiaries and controlling persons to the registration authority , with the subsequent disclosure of this information together with information from the Unified State Register of Legal Entities. The implementation of this approach is consistent with the provisions of paragraphs 7 and 8 of the Explanatory Note to Recommendation 24.
Blocking (freezing) non-cash funds
Among the new concepts introduced by Law No. 134-FZ, it should be noted such a concept as " blocking (freezing) non-cash funds or book-entry securities» - a ban addressed to the owner, organizations engaged in transactions with funds or other property, other individuals and legal entities to carry out transactions with funds or securities belonging to an organization or an individual included in the list of organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism, or an organization or individual in respect of which there are sufficient grounds to suspect their involvement in terrorist activities (including financing of terrorism) in the absence of grounds for inclusion in the specified list.
Term freezing is used in the FATF Recommendations in the context of confiscation and provisional measures (Recommendations 4, 32 and 38) and means the prohibition of the transfer, conversion, disposal or movement of any funds, property, income or instruments on the basis of and for the duration of the decision taken by the competent authority or by a court under the freezing mechanism or until the decision of the competent authority to confiscate or turn into state revenue. In all cases, the frozen property, equipment, tools, funds or other assets shall remain in the ownership of the natural or legal person(s) who had an interest in them at the time of freezing and may remain in the management of third parties or, as otherwise agreed by that individual or legal person(s) prior to the commencement of the freezing mechanism, or in accordance with other national provisions.
Law No. 134-FZ provides for the following mechanism for blocking (freezing) funds. The interdepartmental coordinating body that performs the functions of combating the financing of terrorism (the creation of which is provided for by the said Law), if there are sufficient grounds to suspect the involvement of an organization or an individual in terrorist activities, decides to block (freeze) the funds or other property of the said organization or individual. Rosfinmonitoring immediately places the said decision on the Internet on its official website. Organizations carrying out transactions with funds or other property are obliged to immediately, but not later than one business day from the date of placement of the said decision, apply measures to freeze (block) funds or other property, immediately informing Rosfinmonitoring of the measures taken.
Thus, the mechanism for blocking (freezing) funds provides for the constant monitoring of the Rosfinmonitoring website by credit institutions. At the same time, Law No. 134-FZ does not disclose the list of measures to freeze (block) funds.
In my opinion, the content of the categories “blocking (freezing) of non-cash funds” and “suspension of operations”, as well as their correlation, requires additional clarification.
According to paragraph 10 of Art. 7 of Law 115-FZ, organizations carrying out transactions with cash or other property, suspend the relevant transaction, except for transactions for crediting funds received to the account of an individual or legal entity, within two business days from the day when the client’s order for its implementation must be executed, if at least one of the parties is an organization or an individual in respect of which measures to freeze (block) funds have been applied or other property, or an entity directly or indirectly owned or controlled by such entity or person, or an individual or entity acting on behalf of or at the direction of such entity or person.
Organizations carrying out transactions with funds or other property shall immediately submit information on suspended transactions to the authorized body.
If, within the period for which the operation was suspended, the resolution of the authorized body on suspension of the relevant operation for an additional period is not received, these organizations shall carry out a transaction with funds or other property at the order of the client, unless another decision has been made in accordance with the legislation of the Russian Federation restricting the implementation of such an operation.
From the analysis of the above rules, the question follows: should a credit institution suspend and resume operations carried out by a person in respect of whom measures to freeze (block) funds have been applied.
Legislation imposes an obligation on organizations that carry out transactions with cash or other property at least once every three months, check the presence among their clients of organizations and individuals in respect of which measures to freeze (block) funds have been applied or should be applied or other property, and inform Rosfinmonitoring about the results of such an audit.
On the grounds for refusal to conclude a bank account agreement and its termination
Conceptual changes affected the legal relations connected with the conclusion and termination of the bank account agreement.
The ban on credit institutions to open and maintain accounts (deposits) for anonymous owners is supplemented by a ban on opening and maintaining accounts (deposits) for owners using fictitious names (pseudonyms), which is in line with the FATF recommendation, according to which financial institutions should be prohibited from maintaining anonymous accounts or accounts, open to clearly fictitious names.
Clause 5.2. Law No. 115-FZ is set out in a new edition, from which it follows that credit institutions have the right to refuse to conclude a bank account agreement(deposit) with an individual or legal entity in accordance with the internal control rules of the credit institution, if there are suspicions that the purpose of concluding such an agreement is to perform operations for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism.
The wording of paragraph 5.2 that has become invalid. Art. 7 of Law No. 115-FZ provided that credit institutions have the right to refuse to conclude a bank account (deposit) agreement with an individual or legal entity in the following cases:
the absence at its location of a legal entity, its permanent management body, other body or person that has the right to act on behalf of a legal entity without a power of attorney;
non-submission by an individual or legal entity of documents confirming the information specified in this article, or submission of unreliable documents;
the presence in relation to an individual or legal entity of information about participation in terrorist activities obtained in accordance with Law No. 115-FZ.
In my opinion, the above cases may become grounds for refusing to conclude a bank account (deposit) agreement with an individual or legal entity, provided that such cases are included in the AML/CFT Internal Control Rules as grounds/criteria for suspicion that that the agreement is concluded for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism.
Previously, the bill provided for the possibility of using " suspicion criteria”, which should be established by the Bank of Russia in by-laws. It follows from the norms of Law No. 134-FZ that came into force that the right to establish such criteria is granted to credit institutions in the AML/CFT IRC.
New version of paragraph 5.2. Law No. 115-FZ provides a credit institution the right to terminate the bank account agreement(deposit) with a client in the event that two or more decisions are made during a calendar year to refuse to execute the client’s order to complete a transaction on the basis of paragraph 11 of Article 7 of Law No. 115-FZ.
According to this rule, organizations that carry out transactions with cash or other property have the right to refuse to execute a client's order to complete a transaction, with the exception of transactions for crediting funds received to the account of an individual or legal entity, for which the documents necessary for fixing are not submitted. information in accordance with the provisions of Law No. 115-FZ, as well as if, as a result of the implementation of the AML/CFT ICR, the employees of an organization carrying out transactions with funds or other property suspect that the transaction is being carried out for the purpose of legalizing (laundering) proceeds from crime or financing terrorism.
Thus, credit institutions have the right to refuse clients to conclude a bank account agreement or to conduct operations on the account if there are suspicions that the agreement is being concluded or the operation is being performed for the purpose of legalizing (laundering) proceeds from crime or financing terrorism.
The procedure for terminating a bank account agreement on the grounds specified in Law No. 115-FZ is set out in the Civil Code of the Russian Federation. According to paragraph 1.2, which supplemented Art. 859 of the Civil Code of the Russian Federation, the bank has the right to terminate the bank account agreement in cases established by law, with a mandatory written notification of the client. The bank account agreement is considered terminated after sixty days from the date the bank sends the client a notice of termination of the bank account agreement.
From the day the bank sends the client a notice of termination of the bank account agreement until the day when the agreement is considered terminated, the bank is not entitled to carry out operations on the client's bank account, with the exception of interest accrual operations in accordance with the bank account agreement, transfer of mandatory payments to the budget and operations provided for in paragraph 3 of Art. 859 of the Civil Code of the Russian Federation (transfer or issuance of the balance of the client's funds upon closing the account).
In the event that the client fails to appear to receive the balance of funds on the account within sixty days from the date the bank sends the client a notice of termination of the bank account agreement or the bank fails to receive, within the specified period, the client's instructions to transfer the amount of the balance of funds to another account, the bank is obliged to credit the funds to a special account with the Bank of Russia, the procedure for opening and maintaining which, as well as the procedure for crediting and returning funds from which is established by the Bank of Russia.
This procedure was established by the Bank of Russia in Instruction No. 3026-U dated July 15, 2013.
The amendments to Law No. 115-FZ and the Civil Code of the Russian Federation confirm the further development of the trend of significantly expanding the scope of application of public law norms in regulating relations related to opening and maintaining a bank account.
On access of state bodies to information constituting banking secrecy
Changes in the legislation on banking secrecy provide for the exclusion of the right of the police, when detecting and suppressing tax crimes, to request and receive from credit institutions (and, accordingly, the obligation of credit institutions to issue) certificates on transactions and accounts of legal entities and citizens engaged in entrepreneurial activities without forming a legal entity, previously provided for in paragraph 4 tbsp. 13 of the Federal Law of February 7, 2011 No. 3-FZ “On the Police” and part three of Art. 26 of the Federal Law of 02.12.1990 No. 395-1 "On banks and banking activities".
At the same time, the right to receive information on transactions and accounts of legal entities and individual entrepreneurs on transactions, accounts and deposits of individuals was granted on the basis of a court decision to officials of bodies authorized to carry out operational-search activities, when they perform the functions of detecting, preventing and suppressing crimes. .
Article 26 of the Federal Law of 02.12.1990 No. 395-1 “On Banks and Banking Activity” was also supplemented by a norm according to which information on the availability of accounts, deposits (deposits) and (or) on cash balances on accounts, deposits (deposits), on transactions on accounts, on deposits (deposits) of organizations, citizens engaged in entrepreneurial activities without forming a legal entity, individuals are provided by a credit institution to tax authorities in the manner established by the legislation of the Russian Federation on taxes and fees.
This procedure is established by paragraph 2 of Art. 86 of the Tax Code of the Russian Federation, from the new editions of which it follows that banks are obliged to issue the specified information to the tax authorities within three days from the date of receipt of a reasoned request from the tax authority in the following cases:
- conducting tax audits of the said persons;
- requesting documents (information) from them in accordance with Article 93.1 of the Tax Code of the Russian Federation;
- making a decision on the collection of tax;
- making decisions on the suspension of operations on the accounts of an organization, an individual entrepreneur, the suspension of electronic money transfers or on the cancellation of the suspension of operations and transfers.
In the first and second cases, information constituting bank secrecy may be requested by the tax authorities only with the consent of the head of a higher tax authority or the head (deputy head) of the Federal Tax Service of Russia.
It should be noted that changes have also been made to paragraph 1 of Art. 86 of the Tax Code of the Russian Federation. According to these changes (which will come into force on July 1, 2014), banks are obliged to report to the tax authority at their location information about opening or closing an account, about changing account details, not only in relation to an organization and an individual entrepreneur, but also in relation to an individual who is not an individual entrepreneur. Banks will also be required to provide information regarding these persons on the opening or closing of a deposit (deposit) by them and on changing the details of the deposit (deposit).
Thus, in connection with the entry into force of Law No. 134-FZ, credit institutions will have to carry out comprehensive work to bring their activities in line with the requirements of this Law.
the procedure for communicating information on the results of an audit conducted in a credit institution, including in its branches, and information on the measures taken to freeze (block) funds or other property of a client identified in the course of an audit to the head of the credit institution;
the procedure for informing the authorized body of the measures taken to freeze (block) funds or other property of the client, as well as the results of the audit.
The program that determines the procedure for applying measures to freeze (block) funds or other property of a client and the procedure for conducting an audit may include other provisions at the discretion of the credit institution.
7.1.2. The credit institution determines in the AML/CFT ICR the procedure for informing the client about the failure to carry out a transaction with cash or other property of the client due to the presence of information about him in the List of organizations and individuals or the decision of the interdepartmental coordinating body that performs the functions of combating the financing of terrorism, on freezing (blocking) of funds or other property belonging to the client.
7.1.3. The credit institution determines in the AML/CFT ICR the procedure for terminating measures to freeze (block) funds or other property of a client if the credit institution has information about the exclusion of information about such a client from the List of organizations and individuals or about the termination of the effect previously taken in relation to decision of the interdepartmental coordinating body responsible for combating the financing of terrorism to freeze (block) the client's funds or other property, as well as the procedure for partial or complete cancellation of the measures applied to freeze (block) the funds or other property in the case established by
OF THE CLIENT AND THE PROCEDURE FOR CHECKING THE PRESENCE AMONG THEIR CLIENTS OF ORGANIZATIONS AND INDIVIDUALS IN RELATION TO WHICH MEASURES TO FREEZE (BLOCK) CASH OR OTHER PROPERTY ARE APPLIED OR SHOULD BE APPLIED(Program for freezing (blocking) funds and other property and conducting an audit)
This program for freezing (blocking) funds and other property provides for:
a) the procedure and frequency of carrying out activities to verify the presence or absence of information about the involvement of their Clients, Client Representatives, Beneficiary and Beneficial Owner in extremist activities or terrorism, received in accordance with paragraph 2 of Art. 6 and paragraph 2 of Art. 7.4 of the Federal Law;
b) the procedure for interaction with persons in respect of which measures to freeze (block) funds and other property should be applied;
c) the procedure for paying a monthly humanitarian allowance at the expense of frozen (blocked) funds or other property belonging to the recipient of the allowance;
d) informing about the measures taken by the Authorized body.
The procedure for obtaining information posted on the official website of the Authorized Body in the information and communication network "Internet".
In order to comply with the requirements of the current legislation in the field of AML / CFT, the MCC is obliged to monitor the official website of the Authorized Body.
Monitoring of the official website of the Authorized Body is carried out through the Personal Account of the ICC, the login and password for which were received by the ICC when registering on the specified site.
On the website of the Authorized Body, the IWC receives the following information:
about organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism (List of organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism);
on decisions, on the application of measures to freeze (block) funds or other property belonging to an organization or individual, in respect of which there are sufficient grounds to suspect their involvement in terrorist activities (including the financing of terrorism);
other information.
Access to information posted on the official website of the Authorized Body in the information and communication network "Internet" is available to the Responsible Officer of the ICC and employees responsible for working with Clients. Information is received by the said persons at the intervals established by clause 15.3 of these AML/CFT IRCs.
MCC employees responsible for working with Clients are required to check the availability of information about the Client, the Client’s Representative, the Beneficiary, the Beneficial Owner in the list of organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism and / or in the decision to apply measures to freeze (block) funds or other property belonging to an organization or individual, in respect of which there are sufficient grounds to suspect their involvement in terrorist activities (including terrorist financing), before being accepted for service by the Client, as well as when updating information about these persons and during their re-identification.
The responsible officer of the MCC is obliged to check all Clients (full database of MCC Clients) for their presence in the list of organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism, each time the specified list is updated.
The responsible officer of the MCC is obliged to check all Clients (the full database of MCC Clients) for their presence in the decision to apply measures to freeze (block) funds or other property belonging to an organization or individual, in respect of which there are sufficient grounds to suspect their involvement in terrorist activities (including the financing of terrorism), if such a decision is published.
The responsible officer may conduct checks regarding the availability of information about the MCC Clients according to the information of the Authorized Body if there are suspicions regarding the MCC Client, or in order to verify the fulfillment of the obligations stipulated by these AML/CFT ICRs by the MCC employees responsible for working with Clients, in a planned in accordance with Section 10 of these AML/CFT ICRs.
The results of the checks specified in paragraphs. 15.3.2 are recorded by the MCC employee responsible for working with Clients:
in the Client's questionnaire (Appendices No. 1(1), 1(2), 1(3) to these AML/CFT Internal Control Rules);
in an internal message (if there is information about the Clients for the MCC in the information of the Authorized Body).
The results of the checks specified in paragraphs. 15.3.2 - 15.3.4, in the absence of information about the Clients for the MCC in the information of the Authorized Body, are recorded by the Responsible Officer in the certificates of the work done, which are compiled at the end of each month.
The results of the checks specified in paragraphs. 15.3.2 - 15.3.4, if there is information about the Clients for the MCC in the information of the Authorized Body, they are recorded by the Responsible Officer of the MCC in an internal message (indicating the exact time and date of receipt of this information) and submitted for consideration to the head of the MCC immediately (on the day of the checks).
The procedure for conducting quarterly inspections for the presence among the Clients of organizations and individuals in respect of which measures to freeze (block) funds or other property have been applied or should be applied.
The responsible officer of the MCC at least once every three months checks the presence among the Clients of organizations and individuals in respect of which measures have been or should be applied to freeze (block) funds or other property.
The purpose of the quarterly audit is to control the proper implementation of the requirements of the AML / CFT legislation.
The timing of quarterly inspections is approved by order of the head of the MCC.
The results of the quarterly audit are recorded by the Responsible Officer of the ICC in a certificate of work done, which is provided to the head of the ICC.
The certificate of the work done must contain information that must be provided in the message sent to the Authorized Body in the manner prescribed by Section 12 of these IRC. In particular, this certificate must contain:
date of the previous inspection;
date of the current inspection;
the number of verified Clients - organizations;
the number of verified Clients - individuals;
the total number of verified Clients - organizations and individuals;
the total number of Clients in respect of which no freezing (blocking) measures were applied;
the number of Clients - organizations in respect of which no freezing (blocking) measures were applied;
the number of Clients - individuals, in respect of which freezing (blocking) measures were not applied.
The Responsible Officer informs the Authorized Body of the results of the audit of the presence among the Clients of organizations and individuals in respect of which measures have been or should be applied to freeze (block) funds or other property, the Responsible Officer shall inform the Authorized Body in the manner and within the time limits established by the legislation of the Russian Federation, in accordance with section 12 of these AML/CFT ICRs.
In the event of detection among its Clients of persons in respect of which measures have been applied or should be applied to freeze (block) funds or other property, the measures provided for in this section are applied.
The procedure for applying measures to freeze (block) funds and other property.
Deciding on the application of measures to freeze (block) funds and other property.
The responsible officer reviews and verifies the information provided (internal message) and reports this to the head of the MCC within the time period that allows the head of the MCC to make a decision on the application of measures to freeze (block) funds or other property - no later than one working day from the date of posting on the network Internet on the official website of the Authorized body of the specified information.
The head of the MCC is a person authorized to apply measures to freeze (block) funds or other property of the Client. The head of the MCC decides on the application of measures to freeze (block) funds or other property, with the exception of cases established by paragraph 2.4 of Article 6 of the Federal Law, immediately, on the day of receipt of an internal message from the Responsible Officer and no later than one business day from the date of placement in the Internet on the official website of the Authorized Body of the information specified in paragraphs. 15.2.3 of this section.
The head of the MCC informs the MCC employees who directly carry out actions to freeze (block) the funds or other property of the Client about the decision taken immediately if the condition on the application of measures to freeze (block) the funds or other property of the Client is met no later than one working day from the day of posting on the Internet on the official website of the Authorized Body of the information specified in paragraphs. 15.2.3 of this section.
The procedure for applying measures to freeze (block) funds or other property of the Client:
The MCC stops all actions on the transaction (operation) of the Client to which measures were taken to freeze (block) the funds or other property of the Client (the Client’s instructions to transfer funds are not executed, the funds or other property of the Client are not issued, if this property is found or funds at the disposal of the ICC).
All information about the Client (Client's Representative, Beneficiary, Beneficial Owner) to whom measures were taken to freeze (block) the Client's funds or other property and about the transaction with his (their) participation, is recorded in a separate journal in electronic form and on paper . The same journal records all information that allows documenting the Client's operation and identifying all its participants.
information about the Client (Client Representative, Beneficiary, Beneficial Owner) obtained as a result of identification;
grounds for applying measures to freeze (block) funds or other property;
date and time of application of measures to freeze (block) funds or other property of the Client;
type of the Client's property, in respect of which freezing (blocking) measures have been applied, indicating the identifying features of such property).
The register of measures taken to freeze (block) funds or other property of the Clients must be kept in the MCC for five years from the date of the last entry in it on the measures taken to freeze (block) funds and other property (from the date of completion of filling).
The procedure for interaction with persons in respect of which measures to freeze (block) funds and other property should be applied.
The responsible employee informs the Clients about the freezing (blocking) of the Client's funds or other property of the Client in connection with the presence of information about him in the list of organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism or decisions of the interdepartmental coordinating body, performing the functions of combating the financing of terrorism, by sending a written notice to the Client, sent within three days from the date of the adoption of the relevant decision by the MCC regarding the Client.
The Responsible Officer of the MCC informs the Authorized Body about the measures taken to freeze (block) the funds or other property of the Client in accordance with the procedure established by the legislation of the Russian Federation, in accordance with Section 12 of these AML/CFT ICRs.
The procedure for paying a monthly humanitarian allowance at the expense of frozen (blocked) funds or other property belonging to the recipient of the allowance:
In order to ensure the vital activity of an individual in respect of whom a decision has been made to freeze (block) his funds or other property, as well as members of his family living together with him who do not have independent sources of income, by an interdepartmental coordinating body that performs the functions of combating the financing of terrorism , a decision is made to assign this person a monthly humanitarian allowance in an amount not exceeding 10,000 rubles.
The procedure and conditions for these payments are regulated by the said decision. The MCC is obliged to be guided by the decision established by the Authorized Body, including in terms of the procedure for paying a monthly humanitarian allowance at the expense of frozen (blocked) funds or other property belonging to the recipient of the benefit and at the disposal of the MCC.
Organizations and (or) individuals who are members of an organization or an individual in respect of which a decision has been made to freeze (block) their funds or other property, in civil, labor or other relations giving rise to obligations of a property nature and who have suffered property damage in as a result of freezing (blocking) of funds or other property, has the right to apply to the court with a civil claim against the person in respect of whom a decision was made to freeze (block) his funds or other property, for compensation for property damage.
If the court satisfies the said claim, the recovered amount and legal expenses shall be reimbursed at the expense of frozen (blocked) funds or other property belonging to the defendant.
Accounting and fixing information on the issued funds (humanitarian aid) to Clients - individuals in respect of which a decision has been made to freeze (block) their funds or other property:
Accounting for the payments of humanitarian aid is carried out in the accounting mode and is drawn up by cash receipts.
Information on the payment of humanitarian assistance is contained in:
the decision of the interdepartmental coordinating body, which performs the functions of combating the financing of terrorism, to assign a person a monthly humanitarian allowance (the amount of the allowance, the procedure and conditions for its payment are determined);
the order of the head of the MCC on the accrual of a monthly humanitarian allowance to a person (the procedure for payments is determined in accordance with the decision of the interdepartmental coordinating body that performs the functions of combating the financing of terrorism).
All information and documents containing information on the payment of a monthly humanitarian allowance are stored on paper and (or) electronic media in the Client's file.
The specified information and documents are stored for five years from the date of termination of relations with the Client.
a list of organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism or about the termination of the decision of the interdepartmental coordinating body that performs the functions of combating the financing of terrorism, on freezing (blocking) funds or other client's property.
All measures to freeze (block) funds or other property of the Client, taken by the MCC, by order of the head of the MCC, are canceled if information about such a Client is excluded from the list of organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism, or termination of the decision of the interdepartmental coordinating body in charge of combating the financing of terrorism, issued earlier in relation to such a Client, to freeze (block) funds or other property of the Client.
The responsible officer informs the Clients about the termination of the specified measures by sending a written notice to the Client's address, sent within three days from the day the MCC makes the relevant decision regarding the Client.
In the future, the MCC has the right to carry out operations (transactions) with cash or other property at the request of the Client.
This program has been developed taking into account the fact that the MCC, in accordance with the legislation of the Russian Federation, belongs to the category of small enterprises.