INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of July 15, 2021 No. 5861-U

About procedure for submission by credit institutions to authorized body of data and information according to articles 7 and 7.5 of the Federal law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing"

This Instruction based on subitems 6 and 7 of Item 1, Items 7, 10, 13 and 13.1 Articles 7, paragraph one of Item 2, Item 3 and paragraph two of Item 5 of article 7.5 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), parts one of article 57 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; 2018, No. 53, the Art. 8440) establishes procedure for representation by credit institutions in 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, data and information according to articles 7 and 7.5 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".

1. The credit institution shall create the electronic document in the form of the formalized electronic message (further - FES) according to established based on article 57 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" and posted on the official site of the Bank of Russia on the Internet (further - Internet network) rules of creation of information provided by articles 7 and 7.5 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" (further respectively - the Federal Law of August 7, 2001 No. 115-FZ, the rule of creation of information electronically).

FES shall contain one of the following types of data and information:

1.1. about the transactions with money or other property (further - transactions) which are subject according to Article 6 and (or) Articles 7. 4, 7.5 Federal Laws of August 7, 2001 No. 115-FZ (The Russian Federation Code, 2001, No. 33, Art. 3418; "The official Internet portal of legal information" (www.pravo.gov.ru), on July 2, 2021) to mandatory control (further - the transactions which are subject to mandatory control);

1.2. Paragraph one of ceased to be valid according to Item 11 of this document

about one-time transaction or set of the transactions and (or) actions of the client connected with carrying out any transactions, his representative within customer service concerning which employees of credit institution based on implementation of rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction have suspicions that these transactions and (or) actions are performed for the purpose of legalization (washing) of income gained in the criminal way or terrorism financing, including information on the beneficial owner which is available for credit institution;

1.3. about the taken measures for freezing (blocking) of money or other property of the organization or physical person according to the subitem 6 of Item 1 of Article 7, Item 2 of article 7.5 of the Federal Law of August 7, 2001 No. 115-FZ;

1.4. about results of verification of presence among the clients of the organizations and physical persons to whom are applied or shall be applied the measure for freezing (blocking) of money or other property performed according to the subitem 7 of Item 1 of article 7 of the Federal Law of August 7, 2001 No. 115-FZ (further - results of check according to the subitem 7 of Item 1 of article 7 of the Federal Law of August 7, 2001 No. 115-FZ), about results of verification of presence among the clients of the organizations and physical persons included in constituted within realization of the powers provided by Chapter VII of the Charter of the UN of June 26, 1945 (The collection of the current agreements, agreements and conventions signed by the USSR with foreign states, the issue XII. - M, 1956, page 14 - 47. It is ratified by the Decree of Presidium of the Supreme Council of the USSR of August 20, 1945 "About ratification of Articles of organization of the United Nations" (The collection of the laws of the USSR and Decrees of Presidium of the Supreme Council of the USSR, 1938 - 1975, t. 2, page 237), the UN Security Council or bodies which are specially created by decisions of the UN Security Council, lists of the organizations and physical persons connected with the terrorist organizations and terrorists or with distribution of weapons of mass destruction, article 7.5 of the Federal Law performed according to Item 3 of August 7, 2001 No. 115-FZ (further - results of check according to Item 3 of article 7.5 of the Federal Law of August 7, 2001 No. 115-FZ) (further in case of joint mentioning - information on results of check);

1.5. about the hindrance facts from the state (territory) in which (on which) branches and representations, and also the affiliated organizations of credit institution, realization by such branches, representations and the affiliated organizations of the Federal Law of August 7, 2001 No. 115-FZ (The Russian Federation Code, 2001, No. 33, Art. 3418 are located; "The official Internet portal of legal information" (www.pravo.gov.ru), on July 2, 2021) or its separate provisions;

1.6. about the transactions suspended according to Item 10 of Article 7, Item 5 of article 7.5 of the Federal Law of August 7, 2001 No. 115-FZ (further in case of joint mentioning - the suspended transactions);

1.7. about cases of refusal of the conclusion of bank account agreement (contribution) and (or) agreement cancelation of the bank account (contribution) with the client at the initiative of credit institution on the bases specified in Item 5.2 of article 7 of the Federal Law of August 7, 2001 to No. 115-FZ;

1.8. about 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);

1.9. about 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 credit institution made the decision on refusal of carrying out transaction earlier 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 (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;

1.10. about cancellation by court of the decision on refusal of carrying out transaction which is earlier made by credit institution;

1.11. about lack of the bases 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;

1.12. about elimination of 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 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;

1.13. about the cases of cancellation by court which are earlier accepted by credit institution of the decision on refusal of the conclusion of bank account agreement (contribution) and (or) the decision on agreement cancelation of the bank account (contribution) with the client at the initiative of credit institution on the bases specified in Item 5.2 of article 7 of the Federal Law of August 7, 2001 to No. 115-FZ.

2. The credit institution shall send to FES to 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), to the terms established by articles 7 and 7.5 of the Federal Law of August 7, 2001 No. 115-FZ.

The credit institution shall send FES containing information on results of check according to the subitem 7 of Item 1 of article 7 of the Federal Law of August 7, 2001 No. 115-FZ and (or) about results of check according to Item 3 of article 7.5 of the Federal Law of August 7, 2001 No. 115-FZ to authorized body no later than three working days after day of the end of carrying out each of the specified checks.

The credit institution shall direct FES containing information specified in subitem 1.5 of Item of 1 this Instruction within 5 working days following behind day of identification of the corresponding facts.

3. If the credit institution delegated the powers on forming and submission to the FES authorized body (except for FES containing information on results of checks) to the branch having the bank identification code assigned according to appendix 5 to the Provision of the Bank of Russia of September 24, 2020 for No. 732-P "About payment system of the Bank of Russia", to No. registered by the Ministry of Justice of the Russian Federation on November 10, 2020 60810, on May 26, 2021 No. 63632 (further - branch), and information on delegation of the specified powers is brought by credit institution to authorized body, forming and transfer of FES shall be performed by branch.

Submission to the FES authorized body, containing information on results of checks, shall be performed only by credit institution.

4. In case of submission to authorized body of data and information on the suspended transactions, about the taken measures for freezing (blocking) of money or other property of the organization or physical person according to the subitem 6 of Item 1 of Article 7 and (or) Item 2 of article 7.5 of the Federal Law of August 7, 2001, and also when making the transactions which are subject to mandatory control, the credit institution (branch) shall create and direct to No. 115-FZ separate FES on each of the listed types of data and information with indication of in the name FES to submission of the data requiring special attention of authorized body.

5. The credit institution sends to FES to authorized body by use of personal account of credit institution on the official site of authorized body in Internet network (further - the personal account), access to which is provided to credit institution by means of passing of the procedure of authorization according to Item 7 of the Procedure for access to personal account and its use approved by the order of Rosfinmonitoring of July 20, 2020 No. 175 "About approval of the Procedure for maintaining personal account, and also Procedure for access to personal account and its uses" (it is registered by the Ministry of Justice of the Russian Federation on September 8, 2020, registration No. 59707, with the changes made by orders of Rosfinmonitoring of November 9, 2021 No. 244 (registration No. 66251) is registered by the Ministry of Justice of the Russian Federation on December 9, 2021, of August 29, 2022 No. 183 (it is registered by the Ministry of Justice of the Russian Federation on September 29, 2022, registration No. 70294) (further - the Procedure for access to personal account and its uses).

6. The credit institution (branch) shall provide acceptance from authorized body of the documents containing confirmation of authorized body about acceptance of FES (further - the receipt on acceptance of FES), or the documents containing confirmation of authorized body about rejection of FES (further - the receipt on rejection of FES) placed by authorized body in personal account.

7. In case of obtaining by credit institution (branch) from authorized body of the receipt on rejection of FES the credit institution (branch) shall remove the cause for which FES was not accepted, to create new FES and no later than the working day following behind day of receipt of the specified receipt, to send to FES to authorized body according to this Instruction.

8. In case of non receipt by credit institution (branch) from authorized body of the receipt on acceptance of FES or the receipt on rejection of FES after five working days after day of the FES direction in authorized body the credit institution (branch) has the right to send inquiry to authorized body for clarification of absence reasons in personal account of the receipt on acceptance of FES or the receipt on rejection of FES.

9. Date of submission by credit institution (branch) to authorized body of data and information is the date of the direction credit institution (branch) of FES in authorized body specified by authorized body in the receipt on acceptance of FES.

10. In case of impossibility of representation of FES in authorized body by use of personal account the credit institution (branch) shall send it to authorized body on the electronic medium of information with appendix of the cover letter signed by the head of credit institution (branch) or the authorized representative of credit institution (branch), the courier or the registered mail with the assurance of receipt.

11. This Instruction 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, except for provisions for which this Item establishes other term of their introduction in force.

Subitem 1 paragraph two. 2, subitem 1.5 of Item 1, the paragraph third Item 2 presents of the Instruction become effective since April 1, 2022.

Paragraph one of subitem 1.2 of Item 1, Item 12 of this Instruction are effective till April 1, 2022.

12. Ceased to be valid according to Item 11 of this document

13. From the date of entry into force of this Instruction to recognize invalid:

Items 1, 2, paragraph one of Item 3, Items 9 - 14 and appendix to the Instruction of the Bank of Russia of July 20, 2016 No. 4077-U "About procedure for submission by credit institutions to authorized body of data on cases of refusal of the conclusion of bank account agreement (contribution) and (or) agreement cancelation of the bank account (contribution) with the client at the initiative of credit institution, about refusal cases in accomplishment of the order of the client about transaction making", to No. 43228 registered by the Ministry of Justice of the Russian Federation on August 15, 2016;

Instruction of the Bank of Russia of October 17, 2018 No. 4936-U "About procedure for submission by credit institutions to authorized body of data and information according to Articles 7, 7.5 Federal Laws "About 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 January 16, 2019 No. 53370;

Instruction of the Bank of Russia of March 28, 2019 No. 5108-U "About modification of Item 12 of the Instruction of the Bank of Russia of October 17, 2018 No. 4936-U "About procedure for submission by credit institutions to authorized body of data and information according to Articles 7, 7.5 Federal Laws "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing" registered by the Ministry of Justice on April 18, 2019 No. 54426.

14. Since April 1, 2022 to declare invalid the Instruction of the Bank of Russia of July 20, 2016 No. 4077-U "About procedure for submission by credit institutions to authorized body of data on cases of refusal of the conclusion of bank account agreement (contribution) and (or) agreement cancelation of the bank account (contribution) with the client at the initiative of credit institution, about refusal cases in accomplishment of the order of the client about transaction making", registered by the Ministry of Justice of the Russian Federation on August 15, 2016 No. 43228.

15. Rules of creation of information are electronically posted on the official site of the Bank of Russia in Internet network no later than 45 days after day of official publication of this Instruction and applied from the date of entry into force of this Instruction.

The changes made to rules of creation of information electronically are 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.

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