INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of February 27, 2019 No. 5084-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, 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 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, on April 20, 2018 No. 50842, the following changes:

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

"The management program risk 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. State Item 4.3 in the following edition:

"4.3. Criteria of risk of use of services of not credit financial credit institution for the purpose of legalization (washing) of income gained in the criminal way, and financings of terrorism shall be determined by not credit financial credit institution in the management program risk proceeding from types of the services provided to clients (for example, transactions with cash, transactions with securities, in particular, bills of exchange) and other factors which are independently determined by not credit financial credit institution. The management program risk shall provide that the risk of use of services of not credit financial credit institution for the purpose of legalization (washing) of income gained in the criminal way, and financing of terrorism shall be estimated by not credit financial credit institution as before, and during provision to clients of the corresponding services.".

1.3. In Item 4.4:

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

to add the paragraph of the sixth with the offer of the following content: ". The management program risk shall provide that results of actions for monitoring, the analysis and control of risk of use of services of not credit financial credit institution for the purpose of legalization (washing) of income gained in the criminal way and financing of terrorism in connection with provision to clients of certain services or implementation of transactions (transactions) by the not credit financial credit institutions for the benefit of the client shall be fixed documentary at least once in six months";

to add the paragraph of the seventh 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 not credit financial 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 not credit financial credit institution as raised" is appropriated;

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 not credit financial credit institution;";

add with the new paragraph of the following content:

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

1.4. In the paragraph the second Item 6.1 of the word "on the Internet (further-the Internet)" shall be replaced with words "on the Internet".

1.5. Add Item 6.3 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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