INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of March 30, 2018 No. 4759-U

About modification of the Provision of the Bank of Russia of December 15, 2014 No. 445-P "About requirements to rules of internal control of not credit financial credit institutions 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 December 15, 2014 No. 445-P "About requirements to rules of internal control of not credit financial credit institutions 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 February 9, 2015 No. 35933, on August 19, 2016 No. 43312, on October 30, 2017 No. 48721, on April 10, 2018 No. 50688, the following changes:

1.1. In Item 1.7:

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

"the program of the organization in not credit financial 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 of the client about transaction making, requests and decisions of the interdepartmental commission created under the Bank of Russia (further - the interdepartmental commission);

the program of preparation and personnel training of not credit financial credit institution in the field of POD/FT;

the program determining order of interaction of not credit financial credit institution with persons to whom carrying out identification (the simplified identification) is entrusted (in case of the order not credit financial credit institution of carrying out identification (the simplified identification) to other persons).";

add with the paragraph of the following content:

"PVK on POD/FT can join other programs developed by not credit financial credit institution at discretion.".

1.2. State Items 7.1 and 7.2 in the following edition:

"7.1. In accomplishment of the order of the client about making of transaction join in the program of the organization of work on refusal:

the list of the bases for refusal in accomplishment of the order of the client about transaction making established by not credit financial credit institution taking into account Item 11 of article 7 of the Federal Law;

the regulations on the factors influencing decision making about refusal in accomplishment of the order of the client about transaction making, formulated taking into account the management program by risk and programs of identification of transactions, and also specifics of activities of not credit financial credit institution;

procedure for informing the client on the decision on refusal accepted according to Item 11 of article 7 of the Federal Law not credit financial credit institution concerning it in accomplishment of the order of the client about transaction making;

procedure for informing physical person, legal entity, foreign structure without formation of legal entity about the reasons of adoption by the not credit financial credit institution of the decision on refusal in accomplishment of the order of the client about making of transaction according to Item 11 of article 7 of the Federal Law in case of his (her) appeal to not credit financial credit institution, and also about availability at physical person, the legal entity, foreign structure without formation of legal entity of the right to provide to any structural division of not credit financial credit institution documents and (or) data on lack of the bases for decision making on refusal in accomplishment of the order of the client about transaction making, methods of their representation;

accounting treatment and fixations of information on refusal cases according to Item 11 of article 7 of the Federal Law from accomplishment of the order of the client on making of transaction and the bases of adoption of such decisions;

other provisions at the discretion of not credit financial credit institution.

7.2. In not credit financial credit institutions specified in Item 2 of appendix 1 to this Provision the program of the organization of work on refusal in accomplishment of the order of the client about making of transaction in addition to the provisions specified in Item 7.1 of this provision joins regulations on determination of officials, representatives to accept according to Item 11 of article 7 of the Federal Law of the decision on refusal in accomplishment of the order of the client about transaction making, and also procedure for acceptance and execution of such decisions by the not credit financial credit institution.".

1.3. Add Item 7.3 with the words "taking into account provisions of Chapter 8.1 of this provision".

1.4. Add with Chapter 8.1 of the following content:

"Chapter 8.1. The program of the organization in not credit financial 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 of the client about transaction making, requests and decisions of the interdepartmental commission

8.1.1. In the program of the organization in not credit financial 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 of the client about transaction making, requests and decisions of the interdepartmental commission join:

regulations on determination of structural division (structural divisions) and (or) the official (officials) of not credit financial 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 of the client about transaction making;

regulations on determination of structural division (structural divisions) and (or) the official (officials) of not credit financial 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 of the client was made on transaction making earlier or about impossibility of elimination of the corresponding bases proceeding from the documents and (or) data provided by the client (further in case of joint mentioning - elimination (impossibility of elimination) of the bases according to which the decision on refusal was made earlier);

regulations on determination of structural division (structural divisions) and (or) the official (officials) of not credit financial 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 of the client about making of transaction and motivated reasons about impossibility of elimination of the bases according to which the decision on refusal in accomplishment of the order of the client was made on transaction making, 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 - requests 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;

the 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 of the client about transaction making providing free acceptance of such documents and data in any structural division of not credit financial 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 of the client about transaction making providing comprehensive, complete and their objective examination. In that order not credit financial credit institution has the right to provide possibility of consideration of the documents and (or) data provided by the client as one structural division including which made the decision on refusal in accomplishment of the order of the client on transaction making and with subsequent their consideration by other structural division, including head office of not credit financial 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 was made 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 of the client was made on transaction making earlier;

procedure for bringing to persons authorized by not credit financial credit institution on accomplishment of orders about making of transactions, information on elimination (about impossibility of elimination) the bases according to which the decision on refusal was made earlier;

procedure for consideration and 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 not credit financial credit institution made the decision on refusal in accomplishment of the order of the client on transaction making earlier (further - the decision of the interdepartmental commission on lack of the bases for refusal);

procedure for bringing to persons authorized by not credit financial credit institution on accomplishment of orders about making of transactions, 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 not credit financial 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 of the client was made earlier on making of transaction, data on which were provided to authorized body;

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 of the client about making of transaction, messages on elimination (about impossibility of elimination) the bases according to which the decision on refusal, requests was made on 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 not credit financial credit institution proceeding from the documents and (or) data provided by the applicant earlier.

8.1.2. The program of the organization in not credit financial 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 of the client about transaction making, requests and decisions of the interdepartmental commission on the decision of not credit financial credit institution also joins other provisions.".

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

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