INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of March 30, 2018 No. 4758-U

About modification of the Provision of the Bank of Russia of March 2, 2012 No. 375-P "About requirements to rules of internal control of credit institution for the purpose of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing"

1. Based on Item 2 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) 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) to bring in the Provision of the Bank of Russia of March 2, 2012 No. 375-P "About requirements to rules of internal control of credit institution for the purpose of counteraction of legalization (washing) of income gained in the criminal way, and to terrorism financing", registered by the Ministry of Justice of the Russian Federation on April 6, 2012 No. 23744, on January 27, 2014 No. 31125, on March 6, 2014 No. 31531, on July 24, 2014 No. 33249, on April 10, 2015 No. 36828, on August 19, 2016 No. 43313, on October 30, 2017 No. 48720, the following changes.

1.1. In Item 1.6:

the ninth - the eleventh to state paragraphs in the following edition:

"the program of the organization in credit institution of work with the documents and (or) data on lack of the bases for decision making on refusal submitted by the client in accomplishment of the order about making of transaction or about refusal of the conclusion of bank account agreement (contribution), requests and decisions of the interdepartmental commission created under the Bank of Russia (further - the interdepartmental commission);

the program determining procedure for suspension of transactions with money or other property;

the program of preparation and personnel training in credit institution on POD/FT.";

add with the paragraph of the following content:

"PVK on POD/FT can join other programs developed by credit institution at discretion.".

1.2. In Item 4.4:

the twelfth to state the paragraph in the following edition:

"coincidence of the identifier of the device of the client with which use it provides access to the automated system, the software for the purpose of implementation of money transfers (further respectively - the device, the device identifier), with identifiers of devices of other clients including those on which transactions decisions on their qualification as suspicious, revealed with use of the program algorithms performing by means of collection and the analysis of specific and unique settings and parameters of devices assignment to devices of identifiers of devices and the analysis of identifiers of devices regarding their coincidence were made;";

add with the paragraph of the following content:

"other factors which are independently determined by credit institution.".

1.3. In Item 6.1:

to state paragraphs of the fifth and sixth in the following edition:

"procedure for informing physical person, legal entity, foreign structure without formation of legal entity about the reasons of adoption by credit institution of the decision on refusal in accomplishment of the order about making of transaction, the decision on refusal of the conclusion of bank account agreement (contribution), the decision on agreement cancelation of the bank account (contribution) according to Items 5.2 and 11 of article 7 of the Federal Law in case of his (her) appeal to credit institution, and also about availability at physical person, the legal entity, foreign structure without formation of legal entity of the right to submit to any structural division of credit institution documents and (or) data on lack of the bases for decision making on refusal in accomplishment of the order about making of transaction, the decision on refusal of the conclusion of bank account agreement (contribution), methods of their representation;

accounting treatment and fixations of information on cases of refusal of the conclusion of bank account agreement (contribution) with physical person, the legal entity, foreign structure without formation of legal entity, refusal in accomplishment of the order of the client about making of transaction, agreement cancelation of the bank account (contribution) according to Items 5.2 and 11 of article 7 of the Federal Law and the bases for adoption of the specified decisions.";

add with the paragraph of the following content:

"The program of the organization in credit institution of work on refusal of the conclusion of bank account agreement (contribution) with the physical person, the legal entity, foreign structure without formation of legal entity, to refusal in accomplishment of the order of the client about making of transaction and on agreement cancelation of the bank account (contribution) according to the Federal Law according to the decision of credit institution also joins other provisions.".

1.4. The paragraph one of Item 6.4 to add with words ", taking into account provisions of Chapter 7.2 of this provision".

1.5. Add with Chapter 7.2 of the following content:

"Chapter 7.2. The program of the organization in credit institution of work with the documents and (or) data on lack of the bases for decision making on refusal submitted by the client in accomplishment of the order about making of transaction or about refusal of the conclusion of bank account agreement (contribution), requests and decisions of the interdepartmental commission

7.2.1. In the program of the organization in credit institution of work with the documents and (or) data on lack of the bases for decision making on refusal submitted by the client in accomplishment of the order about making of transaction or about refusal of the conclusion of bank account agreement (contribution), requests and decisions of the interdepartmental commission join:

regulations on determination of structural division (structural divisions) and (or) the official (officials) of credit institution, authorized to consider the documents submitted by the client and (or) data on lack of the bases for decision making on refusal in accomplishment of the order about making of transaction or about refusal of the conclusion of bank account agreement (contribution);

regulations on determination of structural division (structural divisions) and (or) the official (officials) of credit institution, authorized to report to the client about elimination of the bases according to which the decision on refusal in accomplishment of the order was made on making of transaction or on refusal of the conclusion of bank account agreement (contribution) earlier, or on impossibility of elimination of the corresponding bases proceeding from the documents and (or) data provided by the client;

regulations on determination of structural division (structural divisions) and (or) the official (officials) of credit institution, authorized to solve queries of the interdepartmental commission about representation of motivated reasons for the made decision on refusal in accomplishment of the order about making of transaction or about refusal of the conclusion of bank account agreement (contribution) and motivated reasons about impossibility of elimination of the bases according to which this decision was made, proceeding from the documents and (or) data provided by the applicant according to paragraph one of Item 13.4 of article 7 of the Federal Law (further - motivated reasons) (further - request about representation of motivated reasons);

to make procedure for information exchange between structural divisions and (or) officials, representatives specified in paragraphs the second - the fourth this Item of action if such powers are conferred more than to one structural division or the official;

procedure for acceptance of the documents submitted by the client and (or) data on lack of the bases for decision making on refusal in accomplishment of the order about making of transaction or about refusal of the conclusion of bank account agreement (contribution), the providing free acceptance of such documents and data in any structural division of credit institution;

the procedure for consideration taking into account the term established by the paragraph the second Item 13.4 of article 7 of the Federal Law, documents submitted by the client and (or) data on lack of the bases for decision making on refusal in accomplishment of the order about making of transaction or about refusal of the conclusion of bank account agreement (contribution) providing comprehensive, complete and their objective examination. In that order the credit institution has the right to provide possibility of consideration of the documents and (or) data provided by the client, one structural division including which made the decision on refusal in accomplishment of the order on making of transaction or on refusal of the conclusion of bank account agreement (contribution) with subsequent their consideration by other structural division, including head office of credit institution;

procedure for preparation and the direction of the message to the client on elimination (about impossibility of elimination) the bases according to which the decision on refusal in accomplishment of the order was made on making of transaction or on refusal of the conclusion of bank account agreement (contribution) earlier;

the procedure for informing the client on availability of the right at it to file petition and documents and (or) data in the interdepartmental commission in case of the direction to the client of the message on impossibility of elimination of the bases according to which the decision on refusal in accomplishment of the order was made on making of transaction or on refusal of the conclusion of bank account agreement (contribution) earlier;

procedure for bringing to persons authorized on accomplishment of orders about making of transactions or the conclusion on behalf of credit institution of bank account agreement (contribution) respectively, information on elimination (about impossibility of elimination) the bases according to which the decision on refusal in accomplishment of the order was made on making of transaction or on refusal of the conclusion of bank account agreement (contribution) earlier;

procedure for execution taking into account the term established by the interdepartmental commission, request about representation of motivated reasons;

procedure for execution of the decision of the interdepartmental commission on lack of the bases according to which the credit institution made the decision on refusal in accomplishment of the order on making of transaction or on refusal of the conclusion of bank account agreement (contribution) earlier (further - the decision of the interdepartmental commission on lack of the bases for refusal);

procedure for bringing to persons authorized on accomplishment of orders about making of transactions or the conclusion on behalf of credit institution of bank account agreement (contribution) respectively, information on the decision of the interdepartmental commission on lack of the bases for refusal, the decision of the interdepartmental commission on lack of the bases for review of the decision accepted by credit institution proceeding from the documents and (or) data provided by the applicant;

procedure for informing authorized body on elimination of the bases according to which the decision on refusal in accomplishment of the order was made earlier on making of transaction, data on which were provided to authorized body, and at the same time about lack of the bases for agreement cancelation of the bank account (contribution) if in connection with the decision on refusal in accomplishment of the order about making of transaction by credit institution the specified agreement with the client was terminated according to the paragraph third Item 5.2 of article 7 of the Federal Law, and also about elimination of the bases according to which the decision on refusal of the conclusion of bank account agreement (contribution), data on which were provided to authorized body, was made earlier;

accounting treatment and storages of the documents submitted by the client and (or) data on lack of the bases for decision making on refusal in accomplishment of the order about making of transaction or about refusal of the conclusion of bank account agreement (contribution), messages on elimination (about impossibility of elimination) the bases according to which the decision on refusal in accomplishment of the order was made on making of transaction or on refusal of the conclusion of bank account agreement (contribution), requests about representation of motivated reasons, motivated reasons, decisions of the interdepartmental commission on lack of the bases for refusal, decisions of the interdepartmental commission on lack of the bases for review of the decision accepted by credit institution proceeding from the documents and (or) data provided by the applicant earlier.

7.2.2. The program of the organization in credit institution of work with the documents and (or) data on lack of the bases for decision making on refusal submitted by the client in accomplishment of the order about making of transaction or about refusal of the conclusion of bank account agreement (contribution), requests and decisions of the interdepartmental commission on the decision of credit institution also joins other provisions.".

2. This Instruction becomes effective after 10 days after day of its official publication.

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