ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 29, 2018 No. 1742

About approval of Rules of the direction by Federal Service for Financial Monitoring of requests in the economic societies and the federal unitary enterprises having strategic importance for defense industry complex and safety of the Russian Federation, the economic societies which are under their direct or indirect control the public companies for the purpose of receipt of information on the made transactions (transactions) with the money or other property specified by societies, the federal unitary enterprises and the public companies, about their nature and about the purposes, and also receipts by Federal Service for Financial Monitoring of responses to such requests

According to Item 1.3 of article 6 of the Federal law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing" Government of the Russian Federation decides:

1. Approve the enclosed Rules of the direction by Federal Service for Financial Monitoring of requests in the economic societies and the federal unitary enterprises having strategic importance for defense industry complex and safety of the Russian Federation, the economic societies which are under their direct or indirect control the public companies for the purpose of receipt of information on the made transactions (transactions) with the money or other property specified by societies, the federal unitary enterprises and the public companies, about their nature and about the purposes, and also receipts by Federal Service for Financial Monitoring of responses to such requests.

2. To Federal Service for Financial Monitoring to approve the legal acts directed to implementation of this resolution within 180 days from the date of its entry into force.

3. Realization of the powers provided by this resolution is performed by Federal Service for Financial Monitoring within the established extreme number of her workers, and also budgetary appropriations provided to Service in the federal budget on management and management in the field of the established functions.

Approved by the Order of the Government of the Russian Federation of December 29, 2018 No. 1742

Rules of the direction Federal Service for Financial Monitoring of requests in the economic societies and the federal unitary enterprises having strategic importance for defense industry complex and safety of the Russian Federation, the economic societies which are under their direct or indirect control the public companies for the purpose of receipt of information on the made transactions (transactions) with the money or other property specified by societies, the federal unitary enterprises and the public companies, about their nature and about the purposes, and also receipts by Federal Service for Financial Monitoring of responses to such requests

1. These rules determine direction procedure Federal Service for Financial Monitoring of requests in the economic societies and the federal unitary enterprises having strategic importance for defense industry complex and safety of the Russian Federation, the economic societies which are under their direct or indirect control, the public companies (further - the organizations) for the purpose of receipt of information on the transactions (transactions) with money or other property made by the organizations, about their nature and about the purposes (further - request), and also receipts by Federal Service for Financial Monitoring of responses to such requests.

Action of these rules does not extend to the inquiries sent by the Federal Service of financial monitoring realization of provisions of the Federal Law "About the State Defense Order".

2. The Federal Service for Financial Monitoring sends inquiries for receipt of information on transactions (for transactions) with money or other property, for nature and the purposes of such transactions (transactions) made:

a) the economic societies having strategic importance for defense industry complex and safety of the Russian Federation, determined by those according to part 6 of article 1 of the Federal law "About Opening of Bank Accounts and Letters of Credit, about the Conclusion of Bank Deposit Agreements, Contracts for Maintaining the Register of Owners of Securities by the Economic Societies Having Strategic Importance for Defense Industry Complex and Safety of the Russian Federation and Modification of Separate Legal Acts of the Russian Federation", and the societies which are under their direct or indirect control - in the case provided by part 7 of article 1 of the specified Federal Law;

b) the federal unitary enterprises having strategic importance for defense industry complex and safety of the Russian Federation, determined by those according to Item 5 of article 2 of the Federal law "About State and Municipal Unitary Enterprises", economic societies which are under their direct or indirect control - in case, stipulated in Item the 12th article 24.1 of the specified Federal Law;

c) public companies.

3. Inquiries are sent electronically through the personal account determined in article 3 of the Federal law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing" (further - personal account), or on paper.

4. Requests are electronically signed by the strengthened qualified digital signature of officials of Federal Service for Financial Monitoring whose list is established by the order of Federal Service for Financial Monitoring. Requests are on paper drawn up on the form of Federal Service for Financial Monitoring or its territorial authority and signed by the officials determined by the order of Federal Service for Financial Monitoring.

5. Inquiries are on paper sent by means of courier or special communication, or are transferred by the registered mail with the assurance of receipt on receipt to person authorized by the head of the organization.

6. In case of receipt of request electronically the organization no later than 3 working days following behind day of receipt of request performs verification of the strengthened qualified digital signature of person which signed request electronically and compliance of format of such request to the requirements established by Federal Service for Financial Monitoring. In personal account by results of the specified check the receipt on acceptance of request electronically or the notification on its rejection is placed.

7. The notification on rejection of request electronically is placed in the following cases:

a) lack of the strengthened qualified digital signature of person, the representative to sign request, or discrepancy of data of the owner of the certified means of the strengthened qualified digital signature to data of person, representative to sign request;

b) discrepancy of requests to the requirements to format of requests electronically established by Federal Service for Financial Monitoring.

8. The request concerning which in personal account the notification on rejection of request electronically is placed is considered uncollected the organization.

9. In case of placement in personal account of the notification on rejection of request electronically the Federal Service for Financial Monitoring removes the causes which formed the basis of rejection by the organization of request electronically and sends inquiry repeatedly.

10. In case of sending an inquiry on paper the day specified in the register correspondence of courier or special communication or in the receipt on delivery of the registered mail is considered day of its obtaining by the organization. In case of transfer of request on paper on receipt to person authorized by the head of the organization, the day specified in mark of person authorized by the head of the organization about adoption of the written request by it is considered day of its obtaining by the organization.

11. In case of sending an inquiry electronically the day specified in the receipt on acceptance of request placed in personal account is considered day of its obtaining by the organization.

12. Required information is submitted the organization electronically through personal account within 10 working days following behind day of receipt of request.

13. The term specified in Item 12 of these rules increases by 10 working days if for submission of required information of the organization it is required to receive data from the branch (other separate division).

If required information cannot be submitted within the terms specified in Item 12 of these rules and paragraph one of this Item Federal Service for Financial Monitoring when obtaining from the organization of the motivated notification on impossibility of representation at the scheduled time of information has the right to extend the term of its representation, but no more than for 10 working days.

14. If it is impossible to direct the message electronically through personal account of the organization before elimination of the reasons interfering such direction, the organization represents to Federal Service for Financial Monitoring the message electronically on the optical or digital data carrier with appendix of the cover letter on paper.

The cover letter attached to the data carrier is submitted in Federal Service for Financial Monitoring directly or goes by mail the registered mail.

15. Messages are electronically signed by the strengthened qualified digital signature of person performing functions of sole executive body of the organization, or the other person, representative to act on behalf of the organization, and cover letters - the sign manual of specified persons.

16. In case of detection by the organization of incompleteness, inaccuracies or mistakes in earlier directed electronic message the organization no later than 3 working days from the date of their detection repeatedly creates and directs the modified message electronically according to the procedure, provided by these rules.

17. By Federal Service for Financial Monitoring it is performed no later than 3 working days following behind day of receipt of the message electronically, control of authenticity and integrity, formatno-logical control of each such message (further - verification of the message electronically) directed according to Items 12 and 14 of these rules.

18. By results of verification of the message electronically by the Federal Service for Financial Monitoring creates the following documents:

a) receipt on acceptance of the message electronically;

b) the notification on refusal in adoption of the message electronically.

19. Day of the direction the organization in Federal Service for Financial Monitoring of the message the day fixed in appropriate section posted in personal account of the organization of the receipt on acceptance of the message electronically or the notification on refusal in adoption of the message electronically electronically is considered.

20. Day of receipt of the message by Federal Service for Financial Monitoring the day fixed in appropriate section posted in personal account of the organization of the receipt on acceptance of the message electronically or the notification on refusal in adoption of the message electronically, or the day specified on print of the stamp which is put down by the official of Federal Service for Financial Monitoring confirming receipt of the optical or digital data carrier and the cover letter attached to it electronically is considered.

21. Day of the direction the organization in Federal Service for Financial Monitoring of the message the day specified in the receipt of the official of Federal Service for Financial Monitoring who accepted the optical or digital data carrier with the cover letter or the receipt on sending the mailing electronically is considered.

22. The message is electronically deemed accepted by Federal Service for Financial Monitoring if in personal account of the organization the receipt on acceptance of the message electronically with the corresponding mark is placed.

23. The Federal Service for Financial Monitoring refuses adoption of the message electronically in the following cases:

a) discrepancy of the message electronically to requirements to format and structure, stipulated in Item 26 these rules;

b) lack of the strengthened qualified digital signature of person, the representative to sign messages electronically, or discrepancy of data of the owner of the certified means of the strengthened qualified digital signature to data of person, representative to sign messages electronically according to Item 15 of these rules;

c) it to sign absence on the cover letter of the signature of person, representative according to Item 15 of these rules;

d) damage (defect) of the optical or digital data carrier which does not allow to read the message content electronically which is written down on such data carrier.

24. In case of refusal in adoption of the message electronically on the bases specified in subitems "an" and "b" of Item 23 of these rules which is directed according to Item 12 of these rules the Federal Service for Financial Monitoring places in personal account of the organization the notification on refusal in its acceptance with indication of in appropriate section of cause of failure on the same day.

In case of refusal in adoption of the message electronically on the bases specified in subitems "a", "v" and "g" of Item 23 of these rules which is directed according to Item 14 of these rules the Federal Service for Financial Monitoring no later than 3 working days following behind day of receipt of the message electronically directs to the organization the notification on refusal in its acceptance with indication of in appropriate section of cause of failure. Such notification is placed in personal account of the organization or goes the registered mail with the assurance of receipt.

25. In case of obtaining from Federal Service for Financial Monitoring of the notification on refusal in adoption of the message electronically the organization shall remove the causes which entailed such refusal and no later than 3 working days following behind day of receipt of such notification repeatedly to create and direct messages electronically according to the procedure, provided by these rules.

26. Requirements to format of requests electronically, to format and structure of messages electronically, procedure for forming by the organizations of messages electronically, procedure of verification of the message electronically, and also features of forming and the direction of the documents specified in Item 18 of these rules are determined by Federal Service for Financial Monitoring.

27. The messages sent by the organizations to Federal Service for Financial Monitoring electronically, and also the receipts on acceptance of the message received by the organizations from Federal Service for Financial Monitoring electronically and notifications on refusal are electronically stored in adoption of the message by the organizations at least 5 years from the date of their direction or obtaining respectively.

28. In case of the direction of requests the Federal Service for Financial Monitoring and messages electronically of the organizations provides information security in accordance with the legislation of the Russian Federation.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info