INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of February 27, 2019 No. 5083-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, Art. 54, Art. 66; No. 17, Art. 2418; No. 18, the Art. 2560, the Art. 2576, the Art. 2582) 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, Art. 1584, Art. 1588; No. 18, Art. 2557; No. 24, Art. 3400; No. 27, Art. 3950; No. 31, Art. 4852; No. 32, Art. 5115; No. 49, Art. 7524; No. 53, of the Art. 8411, of the Art. 8440) 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, on April 5, 2018 No. 50656, on April 5, 2018 No. 50657, the following changes.

1.1. Add Item 4.1 with the new paragraph of the following content:

"The management program risk of legalization (washing) of income gained in the criminal way, and financings of terrorism shall consider results of national risks assessment of making of transactions (transactions) for the purpose of legalization (washing) of income gained in the criminal way and the terrorism financings posted on the official site of authorized body on the Internet (further - Internet network)".

1.2. In paragraph five of Item 4.5 of the word "on the Internet (further-Internet network)" shall be replaced with words "in Internet network.

1.3. State Item 4.8 in the following edition:

"4.8. Criteria of risk of use of services of credit institution for the purpose of legalization (washing) of income gained in the criminal way, and financings of terrorism shall be determined by credit institution in the management program risk of legalization (washing) of income gained in the criminal way and financings of terrorism proceeding from types of the services provided to clients (for example, transactions with cash, transactions with securities, in particular bills, money transfers without opening of the bank account) and other factors which are independently determined by credit institution. The management program risk of legalization (washing) of income gained in the criminal way, and financings of terrorism shall provide that the risk of use of services of credit institution for the purpose of legalization (washing) of income gained in the criminal way, and financing of terrorism shall be estimated by credit institution as before, and during provision to clients of the corresponding services.".

1.4. In Item 4.9:

the fourth to add the paragraph with the offer of the following content: ". The management program risk of legalization (washing) of income gained in the criminal way, and financings of terrorism shall provide that results of actions for monitoring, the analysis and control of risk of use of services of credit institution for the purpose of legalization (washing) of income gained in the criminal way, and financings of terrorism shall be fixed documentary at least once in six months";

to add the paragraph of the sixth with words ", and also the list of the measures of special attention applied concerning transactions of clients to which the raised degree (level) of customer risk, and services of credit institution which risk of use for the purpose of legalization (washing) of income gained in the criminal way, and financing of terrorism is estimated by credit institution as raised" is appropriated;

in paragraph seven of the word "accounting treatment and fixations" shall be replaced with words "accounting treatment and documentary fixation";

the ninth to state the paragraph in the following edition:

"evaluation procedure of risk of legalization (washing) of income gained in the criminal way, and financings of the terrorism connected with the technologies of provision of services used and planned to use by credit institution.";

add with the new paragraph of the following content:

"In the management program risk of legalization (washing) of income gained in the criminal way, and financings of terrorism can join other provisions at the discretion of credit institution.".

1.5. Add Item 7.1.3 with words ", and also procedure for partial or complete cancellation of the applied measures for freezing (blocking) of money or other property in case, stipulated in Item 2.5 articles 6 of the Federal Law".

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

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