PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of July 15, 2021 No. 764-P

About procedure, terms and amount of bringing by the Bank of Russia to data of the organizations performing transactions with money or other property, specified in article 5 of the Federal law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing", regulation, control and of which in accordance with the legislation of the Russian Federation exercises supervision the Bank of Russia, information obtained from authorized body according to Item 13.2 of article 7 of the specified Federal Law,

This Provision based on Item 13.3 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; "The official Internet portal of legal information" (www.pravo.gov.ru), on July 2, 2021) establishes procedure, terms and amount of bringing by the Bank of Russia to data of the organizations performing transactions with money or other property, specified in article 5 of the Federal Law of August 7, 2001 to 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; "The official Internet portal of legal information" (www.pravo.gov.ru), on July 2, 2021), regulation, control and supervision of which in accordance with the legislation of the Russian Federation exercises the Bank of Russia, information obtained from the federal executive body performing functions on counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction according to Item 13.2 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".

Chapter 1. Procedure, terms and amount of bringing information by the Bank of Russia to data of credit institutions

1.1. The Bank of Russia when obtaining from the federal executive body performing functions on 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), information sent according to Item 13.2 of article 7 of the Federal Law of August 7, 2001 to No. 115-FZ "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (further respectively - the Federal Law of August 7, 2001 No. 115-FZ, information), creates the message in electronic form (further - the electronic message).

The electronic message shall include the following data:

1.1.1. concerning information on cases of refusal of carrying out transaction on the basis specified in Item 11 of article 7 of the Federal Law of August 7, 2001 to No. 115-FZ (further - refusal of carrying out transaction), - data on transaction which carrying out to the client it was refused (including the information about the client);

1.1.2. concerning information on elimination of the Federal Law specified in Item 11 of Article 7 of August 7, 2001 No. 115-FZ of the basis according to which the decision on refusal of carrying out transaction, including in connection with the made decision of the interdepartmental commission created under the Bank of Russia according to the Federal Law of August 7, 2001 No. 115-FZ (The Russian Federation Code, 2001, No. 33, Art. 3418 was made earlier; "The official Internet portal of legal information" (www.pravo.gov.ru), on July 2, 2021) (further - the interdepartmental commission), about lack of the basis according to which the credit institution made the decision on refusal of carrying out transaction earlier, - data on elimination of the basis according to which the decision on refusal of carrying out transaction, or data on the decision of the interdepartmental commission on lack of the basis according to which the decision on refusal of carrying out transaction, data on transaction which carrying out to the client it was refused was made earlier was made earlier (including the information about the client);

1.1.3. concerning information on cancellation by court of earlier made decision on refusal of carrying out transaction - data on cancellation by court of earlier made decision on refusal of carrying out transaction, data on transaction which carrying out to the client it was refused (including the information about the client);

1.1.4. concerning information on cases of refusal of the conclusion of bank account agreement (contribution) with the client of credit institution on the basis specified in the paragraph the second Item 5.2 of article 7 of the Federal Law of August 7, 2001 to No. 115-FZ (further - refusal of the conclusion of bank account agreement (contribution), - data on refusal of the conclusion of bank account agreement (contribution) (including the information about the client);

1.1.5. concerning information on elimination of Item 5.2 of article 7 of the Federal Law specified in the paragraph the second of August 7, 2001 No. 115-FZ of the basis according to which the credit institution made the decision on refusal of the conclusion of bank account agreement (contribution) earlier, including in connection with the made decision of the interdepartmental commission on lack of the basis according to which the credit institution made the decision on refusal of the conclusion of bank account agreement (contribution) earlier, - data on elimination of the basis according to which the credit institution made the decision on refusal of the conclusion of bank account agreement (contribution) earlier, or data on the decision of the interdepartmental commission on lack of the basis according to which the credit institution made the decision on refusal of the conclusion of bank account agreement (contribution) earlier, data on refusal of the conclusion of bank account agreement (contribution) (including the information about the client);

1.1.6. concerning information on cancellation by court of the decision on refusal of the conclusion of bank account agreement (contribution) which is earlier made by credit institution - data on cancellation by court of the decision on refusal of the conclusion of bank account agreement (contribution), data on refusal of the conclusion of bank account agreement (contribution) which is earlier made by credit institution (including the information about the client);

1.1.7. concerning information on cases of agreement cancelation of the bank account (contribution) at the initiative of credit institution on the basis specified in paragraph three of Item 5.2 of article 7 of the Federal Law of August 7, 2001 to No. 115-FZ (further respectively - the basis of agreement cancelation of the bank account (contribution), agreement cancelation of the bank account (contribution), - data on agreement cancelation of the bank account (contribution) (including the information about the client);

1.1.8. concerning information on cancellation by court of the decision on agreement cancelation of the bank account (contribution) which is earlier made by credit institution - data on cancellation by court of the decision on agreement cancelation of the bank account (contribution), data on agreement cancelation of the bank account (contribution) which is earlier made by credit institution (including the information about the client);

1.1.9. concerning information on lack of the basis for agreement cancelation of the bank account (contribution) if the bank account agreement (contribution) was terminated by credit institution according to the paragraph third Item 5.2 of article 7 of the Federal Law of August 7, 2001 No. 115-FZ in connection with the decision on refusal of carrying out transaction concerning which the basis of its acceptance was eliminated afterwards, or the interdepartmental commission makes the decision on lack of the basis according to which the credit institution made the decision on refusal of carrying out transaction earlier, or the court makes the decision on cancellation of the decision on refusal of carrying out transaction which is earlier made by credit institution, - data on the decision on refusal of carrying out transaction, data on elimination of the basis according to which the credit institution made the decision on refusal of carrying out transaction earlier, or data on the decision of the interdepartmental commission on lack of the basis according to which the credit institution made the decision on refusal of carrying out transaction earlier, or data on cancellation by court of the decision on refusal of carrying out transaction, data on agreement cancelation of the bank account (contribution) which is earlier made by credit institution (including the information about the client).

1.2. The amount of information which is brought to the attention of credit institutions is determined by the Bank of Russia in coordination with authorized body depending on degree (level) of risk of making by clients of transactions for the purpose of legalization (washing) of income gained in the criminal way or terrorism financing (further - degree (level) of risk). The scope of information, entering the specified information amount, is posted on the official site of the Bank of Russia on the Internet (further - Internet network) according to the paragraph the second Item 3.3 of this provision.

1.3. The electronic message created by the Bank of Russia containing for establishment of its authenticity, integrity and for identification of his sender code of authentication of the Bank of Russia shall be ciphered by the Bank of Russia using the means of cryptographic information security used in the Bank of Russia.

The Bank of Russia shall send the electronic message to credit institution through territorial office of the Bank of Russia in the territory of which this credit institution is located (further - territorial office), on the communication channels used in the Bank of Russia for transfer of statistical information (further - communication channels), no later than ten working days from the date of, the receipt of information following behind day from authorized body.

The territorial office shall transfer the electronic message on communication channels to credit institution no later than the working day following behind day of its obtaining.

1.4. The credit institution shall provide acceptance of the electronic message and no later than three working days following behind day of its obtaining, to create the notification containing confirmation about adoption of the electronic message (further - the notification on adoption of the electronic message), or the notification containing confirmation about rejection of the electronic message (further - the notification on rejection of the electronic message).

In cases of non-confirmation of authenticity and (or) violation of integrity of the electronic message, total or partial absence in the electronic message of data which structure is posted on the official site of the Bank of Russia in Internet network according to the paragraph the second Item 3.3 of this provision the credit institution shall create the notification on rejection of the electronic message with indication of the reason of rejection of the electronic message.

1.5. From notifications on adoption of the electronic message, notifications on rejection of the electronic message created during the working day, the credit institution shall create the archive file supplied with code of authentication of credit institution (further - the archive file).

1.6. The credit institution shall send the archive file to territorial office on communication channels no later than the working day following behind day of forming of the archive file.

1.7. The territorial office shall provide acceptance of directed archive files on the working days till 16 hours 00 minutes (local time).

In territorial office in the automated mode the procedure of check of authenticity and integrity of each archive file allowing to determine that the archive file was directed by the credit institution which created it shall be carried out and was not changed during transfer to territorial office (further - the procedure of authentication). At the same time the territorial office shall not razarkhivirovat archive files and control their content.

1.8. In case of positive result of the procedure of authentication the territorial office shall create the notification containing confirmation about adoption of the archive file (further - the notification on adoption of the archive file), in the form of the electronic message.

In case of negative result of the procedure of authentication the territorial office shall create the notification containing confirmation about rejection of the archive file (further - the notification on rejection of the archive file), in the form of the electronic message with indication of the reason of rejection of the archive file.

1.9. The territorial office shall send to credit institution the notification on adoption of the archive file or the notification on rejection of the archive file no later than 18 hours 00 minutes (local time) in day of receipt of the archive file.

1.10. In case of receipt of the notification on rejection of the archive file the credit institution shall remove the cause of rejection of the archive file and no later than the working day following behind day of receipt of the specified notification, to send to territorial office the archive file according to the procedure, established by this Provision.

1.11. From all archive files received from credit institutions during the working day and which underwent the procedure of authentication with positive result, the territorial office in the same day shall create and send on communication channels to the Bank of Russia the summary archive file supplied with code of authentication of territorial office.

1.12. In case of obtaining from credit institution of the notification on rejection of the electronic message the Bank of Russia shall remove the cause of rejection of the electronic message and no later than the working day following behind day of receipt of the specified notification, to send to credit institution the electronic message according to the procedure, established by this Provision.

Chapter 2. The procedure, terms and amount of bringing information to data of the organizations performing transactions with money or other property, specified in article 5 of the Federal Law of August 7, 2001 to No. 115-FZ (except for credit institutions), regulation, control and supervision of which in accordance with the legislation of the Russian Federation exercises the Bank of Russia

2.1. The Bank of Russia brings information to the attention of the organizations performing transactions with money or other property, specified in article 5 of the Federal Law of August 7, 2001 to No. 115-FZ (except for credit institutions), regulation, control and supervision of which in accordance with the legislation of the Russian Federation exercises the Bank of Russia (further - not credit financial credit institutions), by means of personal account of not credit financial credit institution according to the procedure, No. 5361-U established by the Instruction of the Bank of Russia of December 19, 2019 "About order of interaction of the Bank of Russia with credit institutions, not credit financial credit institutions and other participants of information exchange when using of information resources of the Bank of Russia, including personal account by them", the registered Ministry of Justice of the Russian Federation on March 4, 2020 No. 57659, on November 12, 2020 No. 60878 (further respectively - the Instruction of the Bank of Russia No. 5361-U, personal account), and according to requirements of this Chapter.

2.2. On receipt from authorized body of information the Bank of Russia creates the electronic message which shall include the data provided by subitems 1.1.1 - 1.1.3 Items 1.1 of this provision.

The amount of information which is brought to the attention of not credit financial credit institutions is determined by the Bank of Russia in coordination with authorized body depending on degree (level) of risk. The scope of information, entering the specified information amount, is posted on the official site of the Bank of Russia in Internet network according to the paragraph the second Item 3.3 of this provision.

The Bank of Russia shall place created on receipt from the authorized body of information the electronic message in personal account of not credit financial credit institution no later than ten working days from the date of following behind day of receipt of information from authorized body.

2.3. Not credit financial credit institution shall create and place in personal account the notification on adoption of the electronic message (the notification on rejection of the electronic message with indication of the reason of rejection of the electronic message) no later than three working days following behind day of receipt of the electronic message.

Not credit financial credit institution shall create the notification on rejection of the electronic message in cases of non-confirmation of authenticity and (or) violation of integrity of the electronic message, total or partial absence in the electronic message of data which structure is posted on the official site of the Bank of Russia in Internet network according to the paragraph the second Item 3.3 of this provision.

Not credit financial credit institution shall send to the Bank of Russia the notification on adoption of the electronic message or the notification on rejection of the electronic message signed by the strengthened qualified digital signature.

2.4. In case of obtaining from not credit financial credit institution of the notification on rejection of the electronic message the Bank of Russia shall remove the cause of rejection of the electronic message and no later than the working day following behind day of receipt of the specified notification, to send to not credit financial credit institution the electronic message according to the procedure, established by this Provision.

Chapter 3. Final provisions

3.1. This Provision is subject to official publication and 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 July 7, 2021 No. PSD-14) become effective since September 1, 2021.

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

Provision of the Bank of Russia of March 30, 2018 No. 639-P "About procedure, terms and amount of bringing to data of credit institutions and not credit financial credit institutions of information on cases of refusal of carrying out transaction, refusal of the conclusion of bank account agreement (contribution) and (or) agreement cancelation of the bank account (contribution) with the client, about elimination of the bases of decision making about refusal of carrying out transaction, about elimination of the bases of decision making about refusal of the conclusion of bank account agreement (contribution), about lack of the bases for agreement cancelation of the bank account (contribution) with the client", registered by the Ministry of Justice of the Russian Federation on June 5, 2018 No. 51297;

Instruction of the Bank of Russia of October 17, 2018 No. 4935-U "About modification of the Provision of the Bank of Russia of March 30, 2018 No. 639-P "About procedure, terms and amount of bringing to data of credit institutions and not credit financial credit institutions of information on cases of refusal of carrying out transaction, refusal of the conclusion of bank account agreement (contribution) and (or) agreement cancelation of the bank account (contribution) with the client, about elimination of the bases of decision making about refusal of carrying out transaction, about elimination of the bases of decision making about refusal of the conclusion of bank account agreement (contribution), about lack of the bases for agreement cancelation of the bank account (contribution) with the client", registered by the Ministry of Justice of the Russian Federation on February 25, 2019 No. 53884;

subitem 1.5 of Item 1 of the Instruction of the Bank of Russia of December 24, 2019 No. 5372-U "About modification of separate regulations of the Bank of Russia in the field of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing", No. 57870 registered by the Ministry of Justice of the Russian Federation on March 27, 2020.

3.3. The Bank of Russia no later than 45 days after day of official publication of this provision shall post on the official site of the Bank of Russia in the Internet networks approved with authorized body:

the scope of information, entering amount of information brought to credit institutions (not credit financial credit institutions) according to this Provision;

structure of the notification on adoption by territorial office of the archive file, notification on rejection by territorial office of the archive file, notification on adoption of the electronic message, notification on rejection of the electronic message (further - structure of the notification of the Bank of Russia).

3.4. Changes in the scope of information provided by the paragraph the second Item 3.3 of this provision and in structure of the notification of the Bank of Russia shall be approved with authorized body.

The changes specified in paragraph one of this Item are posted on the official site of the Bank of Russia in Internet network and applied after 30 calendar 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.

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