ORDER OF THE MINISTRY OF FINANCE OF UKRAINE

of August 2, 2021 No. 440

About approval of the Principles of processing of information on the financial transactions which are subject to financial monitoring obtained from subjects of primary financial monitoring and criteria of carrying out the analysis of such transactions

According to the paragraph to the second Item of 1 part one of article 25 of the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction"

I ORDER:

1. Approve the Principles of processing of information on the financial transactions which are subject to financial monitoring obtained from subjects of primary financial monitoring and criteria of carrying out the analysis of such transactions which are applied.

2. Declare invalid the order of the Ministry of Finance of Ukraine of March 10, 2015 No. 306 "About approval of the Principles of processing of information on the financial transactions which are subject to financial monitoring obtained from subjects of primary financial monitoring, and criteria of the analysis of such transactions", registered in the Ministry of Justice of Ukraine on March 26, 2015 for No. 333/26778.

3. In accordance with the established procedure to provide to department of ensuring coordination and monitoring work:

submission of this order on state registration in the Ministry of Justice of Ukraine;

promulgation of this order.

4. This order becomes effective from the date of its official publication.

5. To impose control of execution of this order on the First Deputy Minister of Finance of Ukraine Ulyutin D. V. and the vice-chairman of Public service of financial monitoring of Ukraine Zubriya V.P.

Approved by the Order of the Ministry of Finance of Ukraine of August 2, 2021 No. 440

The principles of processing of information on the financial transactions which are subject to financial monitoring obtained from subjects of primary financial monitoring and criteria of carrying out the analysis of such transactions

1. These Principles and criteria are intended for accounting in internal documents of Gosfinmonitoring on procedure for carrying out the analysis received from subjects of primary financial monitoring (further - SPFM) other financial transactions or information which can be connected with suspicion of legalization (washing) of income gained in the criminal way, financing of terrorism and financing of distribution of weapons of mass destruction (further - information) and describe information on the financial transactions which are subject to financial monitoring:

1) the principles of processing of information obtained from SPFM;

2) criteria of the analysis of information obtained from SPFM.

2. Processing of information obtained from SPFM is based on the following basic principles:

1) completeness of information processing;

2) sequence of information processing;

3) preserving and information security;

4) control of processing by employees of Gosfinmonitoring of information;

5) timeliness and objectivity of information processing;

6) independence and non-interference to activities of SPFM of employees of Gosfinmonitoring during processing of information by them;

7) prioritization and categorization of information processing taking into account risk - approximate approach;

8) comprehensive use of information from single state information system in the field of prevention and counteraction of legalization (washing) of the income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction automated, information and help systems, registers and databanks of public authorities and other information resources, stipulated by the legislation.

3. During study of information obtained from SPFM employees of Gosfinmonitoring carry out operations and strategic analysis.

4. During operations analysis employees of Gosfinmonitoring carry out information analysis by such criteria, in particular:

1) economic sense and purpose of financial transactions (activities);

2) asset type or form of calculation which is used during financial transaction (activities), and the amount of financial transaction (activities);

3) compliance of financial transaction (activities) to the declared income, to nature and content of activities of the participant of the transaction;

4) the location, the residence or the place of stay of participants of financial transactions who carry out the transaction (activities), or final beneficial owners, their sphere and the period of activities;

5) bonds of participants of financial transaction (activities) with politically significant persons, members of their family and/or faces tied with politically significant persons;

6) subject of the transaction between participants of financial transaction (activities), and also financial instruments which are used during financial transaction (activities);

7) comments and other available additional information obtained from SPFM and which is owned by Gosfinmonitoring.

5. During strategic analysis employees of Gosfinmonitoring carry out information analysis, in particular, by the following criteria:

1) tendencies of legalization (washing) of income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction;

2) typology of legalization (washing) of income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction;

3) repeatability of processes which are connected with legalization (washing) of income gained in the criminal way, financing of terrorism and financing of distribution of weapons of mass destruction;

4) area of influence of arrangement of the phenomenon of legalization (washing) of income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction, the connected threats and vulnerabilities;

5) concerning movement of assets of the income involved in legalizations (washings) gained in the criminal way, financing of terrorism and financing of distribution of weapons of mass destruction;

6) type of the used transactions (activities) of the participants involved in schemes of legalization (washing) of income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction;

7) activities of the connected participants of financial transactions who use professional networks of washing of means.

6. During study of information obtained from SPFM employees of Gosfinmonitoring consider:

1) the additional information from SPFM, the state, law enforcement and prospecting bodies, divisions of financial investigation about suspicion of legalization (washing) of income gained in the criminal way, either financing of terrorism or financing of distribution of weapons of mass destruction, or making of the act determined by the Criminal code of Ukraine as criminal offense which does not concern legalization (washing) of income gained in the criminal way or terrorism financing;

2) availability of the data testimonial of participation of financial transaction or set of the financial transactions connected among themselves on legalization (washing) of income gained in the criminal way, financings of terrorism or financing of distribution of weapons of mass destruction;

3) availability of the data testimonial of participation of financial transaction or participants of financial transaction (activities) to criminal offense which does not concern legalization (washing) of income gained in the criminal way or terrorism financing;

4) availability of data on application of special economic and other rationing measures (sanctions) according to article 5 of the Law of Ukraine "About sanctions" concerning participants of financial transaction (activities) (final beneficial owners);

5) availability of data on application of the international sanctions against participants of financial transaction (activities) or their assets;

6) the data received from SPFM on discrepancies between the information about final beneficial owners of the client containing in the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming and information on final beneficial owners obtained by SPFM as a result of implementation of proper check of the client;

7) the data received from SPFM on refusal of establishment (maintenance) of business relations, carrying out financial transaction.

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