PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of October 17, 2018 No. 655-P

About the notification procedure credit institutions and not credit financial credit institutions of authorized body according to Items 1.3 and 1.4 of article 6 of the Federal law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing"

This Provision based on paragraph two of Item 1.3 and the paragraph of third Item 1.4 of article 6 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, Art. 54, Art. 66; No. 17, Art. 2418; No. 18, the Art. 2560, the Art. 2576, the Art. 2582) (further - the Federal Law No. 115-FZ), Article parts one 7, Article parts one 57, article 76.6 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, №7, of 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, Art. 1584, Art. 1588; No. 18, Art. 2557; No. 24, Art. 3400; No. 27, Art. 3950; No. 31, of the Art. 4852) (further - the Federal Law No. 86-FZ) establishes the notification procedure the credit institutions and not credit financial credit institutions specified in article 5 of the Federal Law No. 115-FZ (further - not credit financial credit institutions), the federal executive body taking measures for counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction (further - authorized body), about each opening, closing, change of account details, the covered (deposited) letters of credit, the conclusion, agreement cancelation of the bank account, bank deposit agreements (deposit) and introduction of changes in them, about acquisition and about alienation of securities by the economic societies having strategic importance for defense industry complex and safety of the Russian Federation and societies, being under their direct or indirect control which are specified in article 1 of the Federal Law of July 21, 2014 to No. 213-FZ "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" (The Russian Federation Code, 2014, No. 30, Art. 4214; 2015, No. 1, Art. 37; 2016, No. 1, Art. 11; 2017, No. 31, Art. 4816; 2018, No. 1, the Art. 54) (further - the Federal Law No. 213-FZ), the federal unitary enterprises having strategic importance for defense industry complex and safety of the Russian Federation and the economic societies which are under their direct or indirect control which are specified in the Federal Law of November 14, 2002 to No. 161-FZ "About state and municipal unitary enterprises" (The Russian Federation Code, 2002, No. 48, Art. 4746; 2003, No. 50, Art. 4855; 2006, No. 52, Art. 5497; 2007, No. 31, Art. 4009; No. 49, Art. 6079; 2010, No. 27, Art. 3436; 2011, No. 30, Art. 4568, Art. 4594; No. 45, Art. 6321; No. 49, Art. 7040; 2012, No. 50, Art. 6963; 2013, No. 27, Art. 3480; No. 52, Art. 6961; 2014, No. 19, Art. 2304; No. 45, Art. 6147; 2015, No. 29, Art. 4342; No. 48, Art. 6678; 2016, No. 22, Art. 3097; 2017, No. 30, Art. 4457; No. 31, Art. 4816; 2018, No. 1, the Art. 54), the state corporations, state-owned companies and the public companies (further - the organizations), and also the notification procedure the credit institutions authorized according to the Federal Law of December 29, 2012 No. 275-FZ "About the state defense order" (The Russian Federation Code, 2012, No. 53, Art. 7600; 2013, No. 52, Art. 6961; 2015, No. 27, Art. 3950; No. 29, Art. 4342; 2016, No. 27, Art. 4250; 2017, No. 1, Art. 12; No. 31, Art. 4786; 2018, No. 1, Art. 65; No. 31, the Art. 4852) (further - the Federal Law No. 275-FZ) on implementation of bank support of public contracts according to the state defense order and all contracts signed for the purpose of its execution (further - authorized bank), authorized body about opening, about closing, about change of details of the separate accounts opened for implementation of payment under the state defense order according to the Federal Law No. 275-FZ (further - the separate account).

Chapter 1. Forming and the direction by credit institution of the message on opening, about closing, about change of account details (the account on contribution (deposit), separate bill, the met (deposited) letter of credit, about the conclusion, agreement cancelation of the bank account, bank deposit agreement (deposit) and introduction of changes in them, about acquisition and about alienation of securities

1.1. The electronic message on opening (closing) of the account (deposit) of the organization created by credit institution and accepted by tax authority in the location of credit institution (further - authorized tax authority) according to the Provision of the Bank of Russia of September 7, 2007 No. 311-P "About procedure for the message bank in electronic form to tax authority about opening or about account termination, contribution (deposit), about change of account details, contribution (deposit)", the registered Ministry of Justice of the Russian Federation on October 8, 2007 No. 10265, on July 7, 2010 No. 17755, on December 14, 2010 No. 19176, on May 20, 2014 No. 32352 (further - the Provision of the Bank of Russia No. 311-P), at the same time is the message on opening (about closing) the bank account (the account on contribution (deposit) of the organization or the message on opening (about closing) the bank account (deposit) of the organization and about the conclusion (termination) with the organization of bank account agreement, bank deposit agreement (deposit), sent to authorized body.

The electronic message on change of account details (accounts on contribution (deposit) of the organization, created by credit institution and accepted by authorized tax authority according to the Provision of the Bank of Russia No. 311-P, at the same time is the message on change of bank account details (the account on contribution (deposit) of the organization or the message on change of bank account details (the account on contribution (deposit) of the organization and about modification of the bank account agreement signed with the organization, bank deposit agreement (deposit), sent to authorized body.

The electronic message on opening, on closing, on change of details of the separate account created by authorized bank and accepted by authorized tax authority according to the Provision of the Bank of Russia No. 311-P, added with indicators according to established based on Article part one 57, of article 76.6 of the Federal Law No. 86-FZ and posted on the official site of the Bank of Russia on the Internet (further - Internet network) rules of creation of information provided by Items 1.3 and 1.4 of article 6 of the Federal Law No. 115-FZ (further - rules of creation of information electronically), is the message on opening, on closing, on change of details of the separate account sent to authorized body.

The electronic message specified in paragraphs one - third this Item, shall be sent by credit institution to authorized body no later than the working day after day of obtaining by credit institution of the document containing confirmation about adoption of the electronic message by authorized tax authority.

1.2. In case of each opening, closing, change of account details of depot of the owner of securities of the organization the credit institution no later than three working days after the opening day, closing, change of account details shall create according to rules of creation of information electronically the electronic message supplied with authentication code (further - KA) credit institution.

1.3. In case of each opening, closing, change of details of the covered (deposited) letter of credit of the organization the credit institution (emitting bank) no later than three working days after the opening day, change of details of the covered (deposited) letter of credit or after day of receipt of the notification of the performing bank on closing of the covered (deposited) letter of credit shall create according to rules of creation of information electronically the electronic message supplied with KA of credit institution.

1.4. In case of each case of acquisition or alienation of securities by the organization the credit institution, including being the professional participant of the security market, no later than three working days after day when the credit institution knew of acquisition or of alienation of securities by the organization, shall create according to rules of creation of information electronically the electronic message supplied with KA of credit institution.

1.5. Transfer to authorized body of the electronic messages specified in Items 1.1 - 1.4 this provision (further - electronic messages), shall be performed by credit institution through territorial office of the Bank of Russia in which subordinated territory the credit institution which created electronic messages is located.

1.6. If the credit institution delegated the powers in the direction to authorized body of electronic messages to the branch having the bank identification code assigned according to the Provision of the Bank of Russia of September 24, 2020 for No. 732-P "About payment system of the Bank of Russia", the registered Ministry of Justice of the Russian Federation on November 10, 2020, registration No. 60810, with the changes made by Instructions of the Bank of Russia of March 25, 2021 No. 5756-U (it is registered by the Ministry of Justice of the Russian Federation on May 26, 2021, registration No. 63632), of December 23, 2021 No. 6030-U (it is registered by the Ministry of Justice of the Russian Federation on March 14, 2022, registration No. 67709), of April 4, 2022 No. 6115-U (it is registered by the Ministry of Justice of the Russian Federation on April 6, 2022, registration No. 68096) (further - branch), and information on delegation of the specified powers is brought by branch of credit institution to territorial office of the Bank of Russia, in which subordinated territory the branch, in any written form is located, forming and transfer of the electronic messages supplied with KA of branch shall be performed by branch.

1.7. From the electronic messages created during the working day the credit institution (branch) shall (shall) create the archive file.

The archive file shall be ciphered by credit institution (branch) with use of key of the enciphering applied to exchange of information with authorized body the KA of credit institution (branch) is supplied and sent to the same working day when it was created, till 16:00 local time on the communication channels applied in the Bank of Russia to information transfer in electronic form or with the cover letter on the digital carrier in territorial office of the Bank of Russia in which subordinated territory the credit institution (branch) is located (further - territorial office), for subsequent delivery of the created archive file through Department of information technologies of the Bank of Russia (further - DIT of the Bank of Russia) to authorized body.

1.8. With territorial office acceptance directed from credit institutions (branches) on the communication channels applied in the Bank of Russia to information transfer in electronic form or with the cover letter on the digital carrier of archive files on the working days till 16:00 local time or no later than till 17:30 local time in case of prolongation of time of receipt of archive files by territorial office shall be provided.

1.9. The territorial office shall carry out the procedure of check of authenticity and integrity of each archive file received during the working day from credit institutions (branches) allowing to determine that the archive file was directed by the relevant credit institution (branch) and was not changed during transfer from credit institution (branch) to territorial office (further - the procedure of authentication), and also to check the name of the archive file for compliance to the structure of the name of the archive file specified in rules of creation of information electronically (further - confirmation of conformity of the name of the archive file).

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

1.10. In case of confirmation of authenticity and integrity of the archive file, and also confirmation of conformity of the name of the archive file the territorial office shall create in electronic form and send to credit institution (branch) the notice in the form of the electronic message (further - IES) about adoption of the archive file (further - IES about adoption of the archive file).

In case of non-confirmation of authenticity or integrity of the archive file and (or) non-confirmation of compliance of the name of the archive file the territorial office shall exclude the archive file from further processing. At the same time the territorial office shall create in electronic form and send to credit institution (branch) of IES about rejection of the archive file with indication of the reason for which the archive file was excluded from further processing.

The territorial office shall send to credit institution (branch) on the communication channels applied in the Bank of Russia to information transfer in electronic form or with the cover letter on the digital carrier IES about adoption of the archive file (IES about rejection of the archive file) no later than 18:00 local time in the same working day when the archive file was received.

1.11. The credit institution (branch) shall (shall) provide acceptance from territorial office of IES about adoption of the archive file (IES about rejection of the archive file) directed on the communication channels applied in the Bank of Russia to information transfer in electronic form or with the cover letter on the digital carrier, in time no later than the working day following behind day of its direction.

1.12. The credit institution (branch) in case of obtaining from territorial office of IES about rejection of the archive file shall (shall) remove the cause for which it was excluded from further processing, and no later than the working day following behind day of receipt of IES about rejection of the archive file to direct the new archive file according to Chapter of 1 this provision.

1.13. From all archive files received from credit institutions (branches) during the working day concerning which the territorial office this confirmation of their authenticity and integrity and also confirmation of conformity of the name of the archive file, the territorial office in the same working day shall create the summary archive file of territorial office supplied with KA of territorial office and containing list of names of all archive files included in it (further - the TU summary archive file).

1.14. The TU summary archive file shall be transferred by territorial office in DIT of the Bank of Russia on the communication channels used in the Bank of Russia for transfer of statistical information, till 18:00 local time in the same working day when it was created.

1.15. DIT of the Bank of Russia shall send the TU summary archive files received from territorial office to authorized body no later than 18:00 Moscow time working days following behind day of their obtaining from territorial office.

1.16. Assurance of receipt by authorized body from credit institution (branch) of electronic messages, the specified in paragraphs one and the second Item 1.1 of this provision, is receipt by credit institution (branch) of IES of authorized body containing confirmation about receipt of electronic messages by authorized body.

1.17. Assurance of receipt and passings of control procedure by authorized body of each electronic message, the specified Item 1 in paragraph three. 1, Items 1.2 - 1.4 this provision, receipt by credit institution (branch) of IES of the authorized body containing information on adoption (rejection) of the electronic message by authorized body is (further respectively - IES of authorized body about adoption of the electronic message; IES of authorized body about rejection of the electronic message).

1.18. In case of receipt of IES of authorized body by credit institution (branch) about rejection of the electronic message the credit institution (branch) shall (shall) remove the cause for which the electronic message was not accepted, to create the new electronic message and till 16:00 local time the working day following behind day of receipt of IES of authorized body about rejection of the electronic message, to send it to authorized body according to Chapter of 1 this provision.

1.19. In case of non receipt of IES of authorized body by credit institution (branch) after five working days after day of the direction of the electronic message in authorized body, the credit institution (branch) can send the written request in any form to authorized body for clarification of absence reasons of IES of authorized body with appendix to request of the copy of IES received from territorial office for adoption of the archive file as a part of which the electronic message went.

1.20. DIT of the Bank of Russia shall provide the archive files of authorized body containing IES of authorized body as a part of the summary archive files of authorized body supplied with KA of authorized body (further - the IES summary archive file of authorized body).

DIT of the Bank of Russia shall provide the direction of the IES summary archive files of authorized body in territorial office no later than the working day following behind day of their obtaining from authorized body with use of the communication channels applied in the Bank of Russia to transfer of statistical information in time.

1.21. The territorial office from DIT of the Bank of Russia of the IES summary archive files of authorized body shall make on receipt their razarkhivation.

The archive files of authorized body received as a result of razarkhivation containing IES of authorized body shall be sent to credit institution (branch) on the communication channels applied in the Bank of Russia to information transfer in electronic form or with the cover letter on the digital carrier no later than 18:00 local time working days following behind day of their obtaining from DIT of the Bank of Russia.

1.22. The credit institution (branch) shall (shall) provide acceptance of the archive files of authorized body containing IES of authorized body from territorial office on the communication channels applied in the Bank of Russia to information transfer in electronic form or with the cover letter on the digital carrier and to carry out the procedure of authentication of IES of authorized body containing in them.

1.23. In case of non-confirmation by credit institution of authenticity or integrity of IES of authorized body by results of the procedure of its authentication, the credit institution (branch) shall (shall) inform on it the official of authorized body specified in office part of IES of authorized body.

1.24. The date of the direction credit institution (branch) of the electronic message as a part of the archive file included in IES of authorized body containing confirmation about receipt of this electronic message by authorized body is considered date of representation by credit institution (branch) to authorized body of the electronic message specified in paragraphs one and the second Item 1.1 of this provision.

Date of representation by credit institution (branch) to authorized body of the electronic message, the specified Item 1 in paragraph three. 1, Items 1.2 - 1.4 this provision, the date of the direction credit institution (branch) of the electronic message as a part of the archive file included in IES of authorized body about adoption of the electronic message by authorized body is considered.

Chapter 2. Forming and the direction by not credit financial credit institution of the message on opening, about closing, about change of account details, about acquisition and about alienation of securities

2.1. In case of each opening, closing, change of account details of depot of the owner of securities, personal account of the owner of securities of the organization not credit financial credit institution (the professional participant of the security market, not being credit institution) no later than three working days after the opening day, closing, change of account details shall create the electronic message according to rules of creation of information electronically.

2.2. In case of each case of acquisition or alienation of securities by the organization not credit financial credit institution no later than three working days after day when not credit financial credit institution knew of acquisition or of alienation of securities by the organization, shall create the electronic message according to rules of creation of information electronically.

2.3. The electronic messages specified in Items 2.1 and 2.2 of this provision (further - ES NFO), shall be transferred by not credit financial credit institution directly to authorized body in the same working day when they were created, by use of personal account of not credit financial credit institution on the official site of authorized body in Internet network (further - personal account) according to Items 3, 7 Regulations on submission of information to Federal Service for Financial Monitoring by the organizations performing transactions with money or other property, and individual entrepreneurs and the direction by Federal Service for Financial Monitoring of requests in the organizations performing transactions with money or other property and to individual entrepreneurs No. 209 approved by the order of the Government of the Russian Federation of March 19, 2014 "About approval of the Regulations on submission of information to Federal Service for Financial Monitoring by the organizations performing transactions with money or other property, and individual entrepreneurs and the direction by Federal Service for Financial Monitoring of requests in the organizations performing transactions with money or other property and to individual entrepreneurs" (The Russian Federation Code, 2014, No. 12, Art. 1304; 2015, No. 16, Art. 2381; 2016, No. 39, Art. 5655; 2018, No. 38, Art. 5858).

2.4. When obtaining by not credit financial credit institution from authorized body of the document containing confirmation about acceptance or about rejection by the ES NFO authorized body (further respectively - the receipt of authorized body on acceptance of ES NFO, the receipt of authorized body on rejection of ES NFO), placed by authorized body in personal account by results of control of each of ES NFO, not credit financial credit institution the procedure of authentication of the receipt of authorized body on acceptance of ES NFO (the receipt of authorized body on rejection of ES NFO) shall be carried out.

2.5. In case of obtaining by the not credit financial credit institution of the receipt of authorized body on rejection of ES NFO not credit financial credit institution shall remove the cause for which ES NFO was not accepted, to create new ES NFO and no later than the working day following behind day of receipt of the receipt of authorized body on rejection of ES NFO, to send it to authorized body according to Chapter 2 this provision.

2.6. In case of absence in personal account of the receipt of authorized body on acceptance of ES NFO (the receipt of authorized body on rejection of ES NFO) after five working days after day of the ES NFO direction not credit financial credit institution can send the written request in any form to authorized body for clarification of absence reasons of the receipt of authorized body on acceptance of ES NFO (the receipt of authorized body on rejection of ES NFO) in personal account.

2.7. Not credit financial credit institution shall provide acceptance of receipts of authorized body on acceptance of ES NFO (receipts of authorized body on rejection of ES NFO) on the communication channels applied by authorized body to transfer of the corresponding electronic messages NFO.

2.8. The date of the ES NFO direction in authorized body included in the receipt of authorized body on acceptance of ES NFO is considered date of submission by not credit ES NFO financial credit institution to authorized body.

2.9. In case of impossibility of submission to authorized body of information by use of personal account during the working day representation of ES NFO shall be performed by not credit financial credit institution on the digital carrier and with the cover letter signed by the head of not credit financial credit institution or the authorized representative of not credit financial credit institution the courier or the registered mail with the assurance of receipt.

Chapter 3. Final provisions

3.1. This Provision according to the solution of the Board of directors of the Bank of Russia (the minutes of the Board of directors of the Bank of Russia of October 12, 2018 No. 32) become effective after 60 days after day of its official publication.

3.2. From the date of entry into force of this provision to recognize invalid:

Provision of the Bank of Russia of December 4, 2014 No. 443-P "About the notification procedure the organizations performing transactions with money and other property, authorized body about opening of bills, the met (deposited) letters of credit about the conclusion of bank account agreements, bank deposit agreements (deposit), acquisition of securities by the economic societies having the strategic importance for defense industry complex and safety of the Russian Federation, and the societies which are under their direct or indirect control" registered by the Ministry of Justice of the Russian Federation on February 2, 2015 No. 35841;

Instruction of the Bank of Russia of July 15, 2015 No. 3732-U "About modification of the Provision of the Bank of Russia of December 4, 2014 No. 443-P "About the notification procedure the organizations performing transactions with money and other property, authorized body about opening of bills, the met (deposited) letters of credit about the conclusion of bank account agreements, bank deposit agreements (deposit), acquisition of securities by the economic societies having the strategic importance for defense industry complex and safety of the Russian Federation, and the societies which are under their direct or indirect control" registered by the Ministry of Justice of the Russian Federation on August 11, 2015 No. 38445.

3.3. Rules of creation of information are electronically posted on the official site of the Bank of Russia in Internet network no later than 30 days after day of official publication of this provision and applied from the date of entry into force of this provision.

Changes in rules of creation of information are electronically posted on the official site of the Bank of Russia in Internet network and applied after 30 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.

3.4. Information on accounts and the covered (deposited) letters of credit, bank account agreements, bank deposit agreements (deposit), securities which were respectively open, concluded or acquired by the organizations (except for the economic societies having strategic importance for defense industry complex and safety of the Russian Federation, and societies which are under their direct or indirect control which are specified in article 1 of the Federal Law No. 213-FZ) during the period from July 30, 2017 to day of entry into force of this provision, shall be transferred to authorized body according to the procedure, established by this Provision, in time, not exceeding 60 days after day of entry into force of this provision.

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