FEDERAL LAW OF THE RUSSIAN FEDERATION

of November 21, 2011 No. 329-FZ

About modification of separate legal acts of the Russian Federation in connection with enhancement of public administration in the field of anti-corruption

Accepted by the State Duma on November 2, 2011

Approved by the Federation Council on November 9, 2011

Article 1

Article 26 of the Federal law "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 N 17-FZ) (Sheets of the Congress of People's Deputies of RSFSR and the Supreme Council of RSFSR, 1990, N 27, Art. 357; Russian Federation Code, 1996, N 6, Art. 492; 2001, N 33, Art. 3424; 2003, N 27, Art. 2700; N 52, of Art. 5033; 2004, N 27, Art. 2711; 2005, N 1, Art. 45; 2007, N 31, Art. 4011; N 41, of Art. 4845; 2009, N 23, Art. 2776; N 30, of Art. 3739; 2010, N 31, Art. 4193; N 47, of Art. 6028; 2011, N 7, Art. 905; 3873) to state N 27, of the Art. in the following edition:

"Article 26. Bank secrecy

The credit institution, the Bank of Russia, the organization performing functions on compulsory deposit insurance guarantee secret about transactions, about accounts and deposits of the clients and correspondents. All employees of credit institution shall keep secret about transactions, about accounts and deposits of her clients and correspondents, and also about other data established by credit institution if it does not contradict the Federal Law.

References on transactions and accounts of the legal entities and citizens performing business activity without formation of legal entity are issued by credit institution him, to courts and Arbitration Courts (judges), Audit Chamber of the Russian Federation, tax authorities, customs authorities of the Russian Federation, federal executive body in the field of the financial markets, to the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation and bodies of forced execution of court resolutions, acts of other bodies and officials in the cases provided by legal acts for their activities, and in the presence of the consent of the head of investigating body - to bodies of pretrial investigation on the cases which are in their production.

The paragraph the fifth ceased to be valid according to the Federal Law of the Russian Federation of 28.06.2013 No. 134-FZ.

References on accounts and household deposits are issued by credit institution him, to courts, bodies of forced execution of court resolutions, acts of other bodies and officials, the organization performing functions on compulsory deposit insurance in case of approach of the insured events provided by the Federal Law on deposit insurance in banks of the Russian Federation, and in the presence of the consent of the head of investigating body - to bodies of pretrial investigation on the cases which are in their production.

References on transactions, accounts and household deposits are issued by credit institution to heads (officials) of federal state bodies which list is determined by the President of the Russian Federation, and to management officials of subjects of the Russian Federation (heads of the supreme executive bodies of the government of subjects of the Russian Federation) in the presence of the inquiry sent according to the procedure, determined by the President of the Russian Federation, in case of check according to the Federal Law "About Anti-corruption" of data on the income, on property and obligations of property nature:

1) the citizens applying for substitution of the state positions of the Russian Federation if the Federal constitutional Law or the Federal Law does not establish other procedure for test of the specified data;

2) the citizens applying for substitution of judgeship;

3) the citizens applying for substitution of the state positions of subjects of the Russian Federation, positions of heads of municipalities, the municipal positions replaced on permanent basis;

4) the citizens applying for substitution of positions of the Federal State Service, positions of the public civil service of subjects of the Russian Federation, positions of municipal service;

5) the citizens applying for substitution of positions of the head (sole executive body), deputy managers, board members (collegiate executive body) on whom fulfillment of duties is performed on permanent basis, in the state corporation, the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, Federal Compulsory Health Insurance Fund, other organizations created by the Russian Federation based on the Federal Laws;

6) the citizens applying for substitution of separate positions based on the employment contract in the organizations created for accomplishment of the tasks set for federal state bodies;

7) persons replacing the positions specified in Items 1 - the 6th this part;

8) the spouse (spouses) and minor children of the citizens and persons specified in Items 1 - the 7th this part.

References on accounts and deposits in case of the death of their owners are issued by credit institution to persons specified by the account holder or contribution in the testamentary disposition made credit institution, to notary offices on the heritable cases on deposits of the died investors which are in their production, and concerning foreign accounts to grazhdankonsulsky organizations of foreign states.

Information on transactions, on accounts and deposits of the legal entities, citizens performing business activity without formation of legal entity and physical persons is submitted credit institutions in the authorized body performing functions on counteraction of legalization (washing) of income gained in the criminal way and terrorism financing in cases, procedure and amount which are provided by the Federal Law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing".

The Bank of Russia, heads (officials) of federal state bodies which list is determined by the President of the Russian Federation, management officials of subjects of the Russian Federation (heads of the supreme executive bodies of the government of subjects of the Russian Federation), the organization performing functions on compulsory deposit insurance, having no right to disclose data on transactions, on accounts and deposits, and also data on specific transactions and on transactions from reports of credit institutions received by them as a result of execution of the licensed, supervising and control functions, except as specified provided by the Federal Laws.

Auditing organizations have no right to open to the third parties of the data on transactions, about accounts and deposits of credit institutions, their clients and correspondents, received during performed by them, except as specified, provided by the Federal Laws.

The authorized body performing functions on counteraction of legalization (washing) of income gained in the criminal way, and financing of terrorism, to the third parties having no right to open information obtained from credit institutions according to the Federal Law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing", except as specified, provided by the specified Federal Law.

The federal executive body in the field of the financial markets has no right to open to the third parties information obtained from credit institutions according to the Federal Law "About Counteraction to Unauthorized Use of the Insider Information and to Market Manipulation and about Modification of Separate Legal Acts of the Russian Federation", except as specified, provided by the specified Federal Law.

For disclosure of bank secrecy the Bank of Russia, heads (officials) of federal state bodies which list is determined by the President of the Russian Federation, management officials of subjects of the Russian Federation (heads of the supreme executive bodies of the government of subjects of the Russian Federation), the organization performing functions on compulsory deposit insurance, credit, auditing and other institutions, the authorized body performing functions on counteraction of legalization (washing) of income gained in the criminal way and terrorism financing, the body of currency exchange control authorized by the Government of the Russian Federation and agents of currency exchange control, and also officials and employees of the specified bodies and the organizations bear responsibility, including compensation of the caused damage, according to the procedure, established by the Federal Law.

Operators of payment systems have no right to open to the third parties information on transactions and on accounts of members of the payment service providers and their clients, except as specified, provided by the Federal Laws.

Information on transactions of the legal entities, citizens performing business activity without formation of legal entity and physical persons from their consent is submitted credit institutions for the purpose of forming of credit stories in bureau of credit histories according to the procedure and on conditions which are provided by the agreement signed with bureau of credit histories according to the Federal Law "About Credit Stories".

Heads (officials) of federal state bodies which list is determined by the President of the Russian Federation and management officials of subjects of the Russian Federation (heads of the supreme executive bodies of the government of subjects of the Russian Federation) have no right to open to the third parties the data on transactions, on accounts and household deposits received according to regulatory legal acts of the Russian Federation about anti-corruption in the Bank of Russia, credit institutions, and also in branches and representative offices of foreign banks.

The documents and information connected with carrying out currency transactions, opening and account management and provided by the Federal Law "About Currency Control and Currency Exchange Control" are represented by credit institutions to the body of currency exchange control authorized by the Government of the Russian Federation, tax authorities and customs authorities as to agents of currency exchange control in cases, procedure and amount which are provided by the specified Federal Law.

Bodies of currency exchange control and agents of currency exchange control have no right to open to the third parties information obtained from credit institutions according to the Federal Law "About Currency Control and Currency Exchange Control", except as specified, provided by the Federal Laws.

Information on trading and clearing accounts of legal entities and on transactions on the specified accounts is submitted credit institutions in federal executive body in the field of the financial markets according to the procedure, provided by the Federal Law "About Clearing and Clearing Activities".

The federal executive body in the field of the financial markets has no right to open to the third parties information obtained according to the Federal Law "About Clearing and Clearing Activities".

The operational centers, payment clearing centers have no right to open to the third parties information on transactions and on accounts of members of payment service providers and their clients received when rendering operational services, clearing services to members of payment service provider, except for information transfers within payment system, and also the cases provided by the Federal Laws.

Provisions of this Article extend to data on transactions of clients of the credit institutions performed by bank payment agents (subagents).

Provisions of this Article extend also to data on remaining balance of electronic money of clients of credit institutions and data on transfers of electronic money by credit institutions according to the order of their clients.".

Article 2

The law of the Russian Federation of March 21, 1991 N 943-I "About tax authorities of the Russian Federation" (Sheets of the Congress of People's Deputies of RSFSR and the Supreme Council of RSFSR, 1991, N 15, Art. 492; Sheets of the Congress of People's Deputies of the Russian Federation and Supreme Council of the Russian Federation, 1992, N 33, Art. 1912; N 34, of Art. 1966; 1993, N 12, Art. 429; Russian Federation Code, 1999, N 28, Art. 3484; 2002, N 1, Art. 2; 2003, N 21, Art. 1957; 2004, N 27, Art. 2711; 2005, N 30, Art. 3101; 2006, N 31, Art. 3436; 2009, N 29, Art. 3599; 2010, N 48, Art. 6247; N 27, the Art. 3873) to add 2011, with Article 7.1 of the following content:

"Article 7.1. Tax authorities generalize the data on the income, on property and obligations of property nature represented by persons replacing the state positions of the Russian Federation to tax authorities according to the Federal constitutional Law, and results of generalization till April 30 represent to the President of the Russian Federation and to chambers of Federal Assembly of the Russian Federation.

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