PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of March 30, 2018 No. 639-P

About procedure, terms and amount of bringing to data of credit institutions and not credit financial credit institutions of information on cases of refusal of carrying out transaction, refusal of the conclusion of bank account agreement (contribution) and (or) agreement cancelation of the bank account (contribution) with the client, about elimination of the bases of decision making about refusal of carrying out transaction, about elimination of the bases of decision making about refusal of the conclusion of bank account agreement (contribution), about lack of the bases for agreement cancelation of the bank account (contribution) with the client

Based on Item 13.3 of article 7 of the Federal Law of August 7, 2001 No. 115-FZ "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (The Russian Federation Code, 2001, No. 33, Art. 3418; 2002, No. 30, Art. 3029; No. 44, Art. 4296; 2004, No. 31, Art. 3224; 2005, No. 47, Art. 4828; 2006, No. 31, Art. 3446, Art. 3452; 2007, No. 16, Art. 1831; No. 31, Art. 3993, Art. 4011; No. 49, Art. 6036; 2009, No. 23, Art. 2776; No. 29, Art. 3600; 2010, No. 28, Art. 3553; No. 30, Art. 4007; No. 31, Art. 4166; 2011, No. 27, Art. 3873; No. 46, Art. 6406; 2012, No. 30, Art. 4172; No. 50, Art. 6954; 2013, No. 19, Art. 2329; No. 26, Art. 3207; No. 44, Art. 5641; No. 52, Art. 6968; 2014, No. 19, Art. 2311, Art. 2315, Art. 2335; No. 23, Art. 2934; No. 30, Art. 4214, Art. 4219; 2015, No. 1, Art. 14, Art. 37, Art. 58; No. 18, Art. 2614; No. 24, Art. 3367; No. 27, Art. 3945, Art. 3950, Art. 4001; 2016, No. 1, Art. 11, Art. 23, Art. 27, Art. 43, Art. 44; No. 26, Art. 3860, Art. 3884; No. 27, Art. 4196, Art. 4221; No. 28, Art. 4558; 2017, No. 1, Art. 12, Art. 46; No. 31, Art. 4816, Art. 4830; 2018, No. 1, the Art. 54) (further - the Federal Law No. 115-FZ) and parts one of article 7 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; No. 10, Art. 1151; No. 18, Art. 2117; 2008, No. 42, Art. 4696, Art. 4699; No. 44, Art. 4982; No. 52, Art. 6229, Art. 6231; 2009, No. 1, Art. 25; No. 29, Art. 3629; No. 48, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, Art. 5973; No. 48, Art. 6728; 2012, No. 50, Art. 6954; No. 53, Art. 7591, Art. 7607; 2013, No. 11, Art. 1076; No. 14, Art. 1649; No. 19, Art. 2329; No. 27, Art. 3438, Art. 3476, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6336; No. 51, Art. 6695, Art. 6699; No. 52, Art. 6975; 2014, No. 19, Art. 2311, Art. 2317; No. 27, Art. 3634; No. 30, Art. 4219; No. 40, Art. 5318; No. 45, Art. 6154; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 37; No. 27, Art. 3958, Art. 4001; No. 29, Art. 4348, Art. 4357; No. 41, Art. 5639; No. 48, Art. 6699; 2016, No. 1, Art. 23, Art. 46, Art. 50; No. 26, Art. 3891; No. 27, Art. 4225, Art. 4273, Art. 4295; 2017, No. 1, Art. 46; No. 14, Art. 1997; No. 18, Art. 2661, Art. 2669; No. 27, Art. 3950; No. 30, Art. 4456; No. 31, Art. 4830; No. 50, Art. 7562; 2018, No. 1, Art. 66; No. 9, Art. 1286; No. 11, of the Art. 1584, of the Art. 1588) the Bank of Russia establishes procedure, terms and amount of bringing to data of the credit institutions, and also other organizations performing transactions with money or other property, specified in article 5 of the Federal Law No. 115-FZ, regulation, control and of which in accordance with the legislation of the Russian Federation exercises supervision the Bank of Russia (further - not credit financial credit institutions), information obtained from the federal executive body performing functions on counteraction of legalization (washing) of income gained in the criminal way and terrorism financing (further - authorized body):

about cases of refusal of the organizations performing transactions with money or other property from carrying out transaction, except for transactions on transfer of the money which arrived into the account of physical person or legal entity, foreign structure without formation of legal entity on which the documents necessary for fixation of information according to provisions of the Federal Law No. 115-FZ are not submitted and also if as a result of implementation of rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way, and to financing of terrorism employees of the organization performing transactions with money or other property have suspicions that transaction is made for the purpose of legalization (washing) of income gained in the criminal way or terrorism financing (further - refusal of carrying out transaction);

about cases of refusal of credit institutions of the conclusion of bank account agreement (contribution) with physical person or legal entity, foreign structure without formation of legal entity according to rules of internal control of credit institution in case of availability of suspicions that the purpose of the conclusion of such agreement is making of transactions for the purpose of legalization (washing) of income gained in the criminal way or terrorism financings (further - refusal of the conclusion of bank account agreement (contribution);

about cases of termination of bank account agreement (contribution) by credit institutions with the client in case of acceptance within calendar year of two and more decisions on refusal in accomplishment of the order of the client about transaction making, except for transactions on transfer of the money which arrived into the account of physical person or legal entity, foreign structure without formation of legal entity on which the documents necessary for fixation of information according to provisions of the Federal Law No. 115-FZ are not submitted and also if as a result of implementation of rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way, and to financing of terrorism employees of credit institution have suspicions that transaction is made for the purpose of legalization (washing) of income gained in the criminal way or terrorism financings (further - agreement cancelation of the bank account (contribution) with the client);

about elimination of the bases specified in Item 11 of article 7 of the Federal Law No. 115-FZ according to which earlier the organizations performing transactions with money or other property made decisions on refusal of carrying out transactions, data on which were provided to authorized body (further - elimination of the bases of decision making about refusal of carrying out transaction);

about elimination of the bases specified in the paragraph the second Item 5.2 of article 7 of the Federal Law No. 115-FZ according to which earlier credit institutions made decisions on refusal of the conclusion of bank account agreements (contribution), data on which were provided to authorized body (further - elimination of the bases of decision making about refusal of the conclusion of bank account agreement (contribution);

about lack of the bases for termination of bank account agreements (contribution) by credit institutions with clients according to the paragraph third Item 5.2 of article 7 of the Federal Law No. 115-FZ, data on which were provided to authorized body (further - lack of the bases for agreement cancelation of the bank account (contribution) (further in case of joint mentioning - information).

Chapter 1. Terms and amount of bringing to data of credit institutions of information obtained from authorized body

1.1. Ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 17.10.2018 No. 4935-U

1.2. The Bank of Russia when obtaining from authorized body of information creates the message electronically.

The electronic message created by the Bank of Russia shall include the following data:

concerning information on cases of refusal of carrying out transaction, and also on elimination of the bases of decision making on refusal of carrying out transaction - data on transaction which carrying out to the client it was refused (including the information about the client), data on elimination of the bases of decision making on refusal of carrying out transaction (in the presence);

concerning information on cases of refusal of the conclusion of bank account agreement (contribution), on elimination of the bases of decision making on refusal of the conclusion of bank account agreement (contribution), on cases of agreement cancelation of the bank account (contribution) with the client, and also about elimination of the bases of decision making about agreement cancelation of the bank account (contribution) with the client - the information about the client, data on refusal of the conclusion of bank account agreement (contribution), data on agreement cancelation of the bank account (contribution) with the client, data on elimination of the bases of decision making on refusal of the conclusion of bank account agreement (contribution) (in the presence), data on elimination of the bases of decision making on agreement cancelation of the bank account (contribution) with the client (in the presence).

The amount of information which is brought to the attention of credit institutions is determined by the Bank of Russia in coordination with authorized body, depending on degree (level) of risk of making by clients of transactions for the purpose of legalization (washing) of income gained in the criminal way or terrorism financing (further - degree (level) of risk). The scope of information, entering the specified information amount, according to the paragraph to the second Item 3.3 of this provision is posted by the Bank of Russia on the official site of the Bank of Russia on the Internet (further - Internet network).

1.3. The electronic message created by the Bank of Russia according to Item 1.2 of this provision containing for establishment of its authenticity, integrity and for identification of his sender code of authentication of the Bank of Russia shall be ciphered by the Bank of Russia using the means of cryptographic information security used in the Bank of Russia.

The Bank of Russia shall send the electronic message to credit institution through territorial office of the Bank of Russia in the territory of which the credit institution is located (further - territorial office), on the communication channels used in the Bank of Russia for transfer of statistical information (further - communication channels), no later than 15 working days from the date of, the receipt of information following behind day from authorized body in time.

The territorial office shall transfer the electronic message on communication channels to credit institution no later than the working day following behind day of its obtaining in time.

1.4. The credit institution shall provide acceptance of the electronic message and no later than the working day following behind day of receipt of the electronic message, to create the notification containing confirmation about adoption of the electronic message (further - the notification on adoption of the electronic message), or the notification containing confirmation about rejection of the electronic message (further - the notification on rejection of the electronic message).

In cases of non-confirmation of authenticity and (or) violation of integrity of the electronic message, total or partial absence in the electronic message of data which structure is posted on the official site of the Bank of Russia in Internet network according to the paragraph the second Item 3.3 of this provision the credit institution shall create the notification on rejection of the electronic message with indication of the rejection reason.

1.5. From notifications on adoption of the electronic message, notifications on rejection of the electronic message created during the working day, the credit institution shall create the archive file supplied with code of authentication of credit institution (further - the archive file).

1.6. The credit institution shall send the archive file to territorial office on communication channels no later than the working day following behind day of forming of the archive file in time.

1.7. The territorial office shall provide acceptance of directed archive files on the working days till 16 hours 00 minutes (local time).

In territorial office in the automated mode the procedure of check of authenticity and integrity of each archive file allowing to determine that the archive file was directed by the relevant credit institution shall be carried out and was not changed during transfer from credit institution to territorial office (further - the procedure of authentication).

At the same time the territorial office shall not razarkhivirovat archive files and control their content.

1.8. In case of positive results of the procedure of authentication of the archive file the territorial office shall create in electronic form the notification on adoption of the archive file.

In case of negative result of the procedure of authentication of the archive file the territorial office shall create in electronic form the notification on rejection of the archive file with indication of the reason of its rejection.

1.9. The territorial office shall send to credit institution the notification on adoption of the archive file or the notification on rejection of the archive file no later than 18 hours 00 minutes (local time) in day of receipt of the archive file.

1.10. The credit institution in case of receipt of the notification on rejection of the archive file shall remove the cause of rejection and no later than the working day following behind day of receipt of the specified notification, to direct the archive file according to the procedure, established by this Provision.

1.11. From all archive files received from credit institutions during the working day and which underwent the procedure of authentication with positive result, the territorial office shall create and send on communication channels to the Bank of Russia the summary archive file of territorial office supplied with code of authentication of territorial office on the same day.

1.12. The Bank of Russia in case of receipt of the notification on rejection of the electronic message shall remove the cause of rejection of the electronic message and no later than the working day following behind day of receipt of the notification on rejection of the electronic message, to direct the electronic message according to the procedure, established by this Provision.

Chapter 2. Terms and amount of bringing to data of not credit financial credit institutions of information obtained from authorized body

2.1. Bringing to data of not credit financial credit institutions of information shall be performed by the Bank of Russia according to the Instruction of the Bank of Russia of November 3, 2017 No. 4600-U "About order of interaction of the Bank of Russia with credit institutions, not credit financial credit institutions and other participants of information exchange when using of information resources of the Bank of Russia, including personal account by them", the registered Ministry of Justice of the Russian Federation on January 11, 2018 No. 49605 (further - the Instruction of the Bank of Russia No. 4600-U), and requirements of this Chapter.

2.2. The Bank of Russia when obtaining from authorized body of information creates the message electronically.

The electronic message created by the Bank of Russia shall include the data established by the paragraph third Item 1.2 of this provision.

The amount of information which is brought to the attention of not credit financial credit institutions is determined by the Bank of Russia in coordination with authorized body, depending on degree (level) of risk. The scope of information, entering the specified information amount, according to the paragraph to the second Item 3.3 of this provision is posted by the Bank of Russia on the official site of the Bank of Russia in Internet network.".

The electronic message specified in the paragraph the second this Item shall be sent by the Bank of Russia to not credit financial credit institutions no later than 15 working days from the date of, the receipt of information following behind day from authorized body, by placement in personal accounts of not credit financial credit institutions in time.

2.3. By results of control of the electronic message not credit financial credit institution shall create and place in the personal account no later than the working day following behind day of receipt of the electronic message, the notification on adoption of the electronic message or the notification on rejection of the electronic message with indication of the rejection reason in time.

In the cases provided by the paragraph the second Item 1.4 of this provision, not credit financial credit institution shall create the notification on rejection of the electronic message.

Not credit financial credit institution shall direct the notification on adoption of the electronic message or the notification on rejection of the electronic message signed by the strengthened qualified digital signature.

2.4. The Bank of Russia in case of obtaining from not credit financial credit institution of the notification on rejection of the electronic message shall remove the cause of rejection of the electronic message and in time no later than the working day following behind day of receipt of the notification on rejection of the electronic message, to direct the electronic message according to the procedure, established by this Provision.

Chapter 3. Final provisions

3.1. This Provision becomes effective after 10 days after day of its official publication.

3.2. From the date of entry into force of this provision to declare invalid the Provision of the Bank of Russia of July 20, 2016 No. 550-P "About procedure for bringing to data of credit institutions and not credit financial credit institutions of information on refusal cases in accomplishment of the order of the client about making of transaction, refusal of the conclusion of bank account agreement (contribution) and (or) agreement cancelation of the bank account (contribution) with the client", registered by the Ministry of Justice of the Russian Federation on August 15, 2016 No. 43229.

3.3. The Bank of Russia shall post on the official site of the Bank of Russia in the Internet networks approved with authorized body:

the scope of information, entering amount of information brought to credit institutions (not credit financial credit institutions) according to Items 1.2 and 2.2 of this provision;

structure of the notification of territorial office on adoption of the archive file, notification of territorial office on rejection of the archive file, notification on adoption of the electronic message, notification on rejection of the electronic message (further - structure of the notification of the Bank of Russia).

3.4. Changes in the scope of information specified in Item 3.3 of this provision and structure of the notification of the Bank of Russia, shall be approved with authorized body.

The specified changes are posted on the official site of the Bank of Russia in Internet network and applied after 30 calendar days after day of their placement if information on later terms of their application is not provided in the message of the Bank of Russia on the official site of the Bank of Russia in Internet network.

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