ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of June 30, 2012 No. 667

About approval of requirements to the rules of internal control developed by the organizations performing transactions with money or other property, and individual entrepreneurs, and about recognition voided some acts of the Government of the Russian Federation

According to the Federal Law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing" Government of the Russian Federation decides:

1. Approve the enclosed requirements to the rules of internal control developed by the organizations performing transactions with money or other property, and individual entrepreneurs.

2. Determine that the rules of internal control existing before entry into force of this resolution are subject to reduction by the organizations performing transactions with money or other property (except for credit institutions), in compliance with the requirements approved by this resolution within one month.

3. Recognize invalid:

the order of the Government of the Russian Federation of January 8, 2003 N 6 "About approval procedure of rules of internal control in the organizations performing transactions with money or other property" (The Russian Federation Code, 2003, N 2, the Art. 188);

item 4 of changes which are made to acts of the Government of the Russian Federation concerning counteraction of legalization (washing) of the income gained in the criminal way, and to financing of terrorism approved by the order of the Government of the Russian Federation of October 24, 2005 N 638 (The Russian Federation Code, 2005, N 44, by the Art. 4562);

the order of the Government of the Russian Federation of June 10, 2010 N 967-p (The Russian Federation Code, 2010, N 26, the Art. 3377).

 

Approved by the Order of the Government of the Russian Federation of June 30, 2012 No. 667

Requirements to the rules of internal control developed by the organizations performing transactions with money or other property, and individual entrepreneurs

1. This document determines requirements imposed in case of development by the organizations performing transactions with money or other property, except for the credit institutions and not credit financial credit institutions specified in paragraph eleven of Item 2 of article 7 of the Federal law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing" (further respectively - the organizations, the Federal Law), and also the individual entrepreneurs performing purchase and sale of precious metals and gemstones, jewelry and other products from precious metals and (or) gemstones, scrap of such products, procurement of scrap and waste of precious metals and products (products) containing precious metals and the individual entrepreneurs rendering intermediary services when implementing transactions of purchase and sale of real estate (further - individual entrepreneurs), rules of the internal control exercised 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 (further - rules of internal control).

Paragraph two of ceased to be valid

1(1). The head of the organization and the individual entrepreneur provide control of compliance of the applied rules of internal control to requirements of the legislation of the Russian Federation.

Rules of internal control shall be brought by the organization and the individual entrepreneur into accord with requirements of regulatory legal acts about counteraction of legalization (washing) of income gained in the criminal way, and to financing of terrorism no later than month after the date of entry into force of the specified regulatory legal acts if other is not established by such regulatory legal acts which are directly relating to the specified organizations, to individual entrepreneurs and influencing execution of requirements of the legislation of the Russian Federation by them about counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing.

2. Rules of internal control are developed in accordance with the legislation of the Russian Federation.

3. Rules of internal control are the document which:

a) regulates organizational bases of the work directed to counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction in the organization;

b) establishes obligations and operations procedure of the head of the organization, the individual entrepreneur and employees of the organization, the individual entrepreneur for the purpose of implementation of internal control;

c) determines terms of accomplishment of obligations for the purpose of implementation of internal control, and also persons responsible for their realization.

4. Rules of internal control include the following programs of implementation of internal control:

a) the program determining organizational bases of implementation of internal control (further - the program of the organization of internal control);

b) the program of identification of clients, representatives of clients and (or) beneficiaries, and also beneficial owners (further - the program of identification);

c) the program of assessment of degree (level) of risk of making by the client of suspicious transactions and taking measures to decrease in risks of making by the client of suspicious transactions (further respectively - risk, the program of assessment and risk management);

d) the program of identification of transactions (transactions) which are subject to mandatory control and the one-time transactions (transactions) or set of the transactions and (or) actions of the client connected with carrying out any transactions, his representative within customer service, having signs of communication with legalization (washing) of income gained in the criminal way, or terrorism financing (further - the program of identification of transactions);

e) program of documentary fixation of information;

e) the program regulating operating procedure on suspension of transactions according to the Federal Law (further - the program for suspension of transactions);

g) the program of preparation and personnel training in the field 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;

h) program of check of implementation of internal control;

i) the program of storage of information and the documents received as a result of program implementation of implementation 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 (further - the program of storage of information);

j) the program of customer research in case of acceptance on servicing and servicing (further - the program of customer research);

k) the program regulating operations procedure in case of refusal in transaction making and also refusal in acceptance of the client on servicing (further - the program for refusal);

l) the program regulating procedure for application of measures for freezing (blocking) of money or other property.

5. In rules of internal control powers, and also the obligations assigned to the special official responsible for implementation of rules of internal control are established (further - the special official).

6. Rules of internal control are drawn up on paper or in the form of the electronic document. Rules of internal control are on paper signed by the head of the organization, the individual entrepreneur and certified by seal (in the presence). Rules of internal control in the form of the electronic document are signed by the strengthened qualified digital signature of the head of the organization, the individual entrepreneur.

7. The program of the organization of internal control is developed taking into account the following conditions:

a) in the organization and at the individual entrepreneur according to Item 2 of article 7 of the Federal Law the special official is designated;

b) in the organization (taking into account features of its structure, the number of staff, client base and degree (level) of the risks connected with clients of the organization and their transactions) the structural division 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 can be created or determined;

c) the program contains the description of internal control system in the organization and its branch (branches) (in case of their availability) and at the individual entrepreneur, and also order of interaction of structural divisions of the organization (workers of the individual entrepreneur) for implementation of rules of internal control.

8. The program of identification includes the following procedures of implementation of actions for identification of the client, the representative of the client and (or) the beneficiary, and also beneficial owner:

a) establishment concerning the client, the representative of the client and (or) the beneficiary of the data determined by article 7 of the Federal Law and check of reliability of these data before acceptance on customer service;

and (1)) acceptance of reasonable and available in the circumstances measures for identification and identification of beneficial owners, including measures for establishment concerning the specified owners of the data provided by the subitem 1 of Item 1 of article 7 of the Federal Law, and check of reliability of the received data;

b) verification of presence or absence concerning the client, the representative of the client and (or) the beneficiary, and also the beneficial owner of data:

in the list of the organizations and physical persons concerning which there are data on their participation in extremist activities or terrorism;

in lists of the organizations and physical persons connected with the terrorist organizations and terrorists or with distribution of weapons of mass destruction, constituted by the UN Security Council or bodies which are specially created by decisions of the UN Security Council;

in decisions on freezing (blocking) of the money or other property which is taken out by the interdepartmental commission on counteraction to terrorism financing;

c) determination of accessory of the physical person which is on servicing or accepted on servicing to number of foreign public officials, officials of the public international organizations, and also persons replacement (holding) state positions of the Russian Federation, position of board members of the Central bank of the Russian Federation, position of the Federal State Service, appointment to which and release from which are performed by the President of the Russian Federation or the Government of the Russian Federation, or position in the Central bank of the Russian Federation, the state corporations and other organizations created by the Russian Federation based on the Federal Laws, included in the lists of positions determined by the President of the Russian Federation;

d) identification of the legal entities and physical persons having respectively registration, the residence or the location in the state (in the territory) which does not implement the recommendation of Group of development of the financial measures of anti-money laundering (FATF) or using bank accounts, the specified state registered in (in the specified territory);

e) assessment of degree (level) of risk and reference of the client to one of risk groups according to the program of assessment and risk management;

e) updating of the data received as a result of identification of clients, representatives of clients of beneficiaries and beneficial owners.

9. Establishment and fixation of the following data obtained by the organization and the individual entrepreneur according to Item 5 can be in addition provided in the program of identification (4) article 7 of the Federal Law:

a) date of state registration of the legal entity;

b) postal address of the legal entity;

c) list of founders (participants) of the legal entity;

d) structure and structure of governing bodies of the legal entity;

e) size of the authorized (share) capital or size of authorized fund (shares).

10. In case of identification of the legal entity (in the presence of its consent) establishment and fixation of codes of forms of federal state statistical observation can be provided.

11. The program of identification for the purpose of implementation of requirements, stipulated in Clause 7.3 Federal Laws, provides:

procedure for identification among the physical persons which are on servicing or accepted on servicing, foreign public officials their spouses and close relatives, officials of the public international organizations, and also persons replacement (holding) state positions of the Russian Federation, position of board members of the Central bank of the Russian Federation, position of the Federal State Service, appointment to which and release from which are performed by the President of the Russian Federation or the Government of the Russian Federation, or position in the Central bank of the Russian Federation, the state corporations and other organizations created by the Russian Federation based on the Federal Laws, included in the lists of positions determined by the President of the Russian Federation;

procedure for acceptance on servicing of foreign public officials, and also measures for determination of sources of origin of money or other property of foreign public officials;

procedure for acceptance on servicing, and also reasonable and available in the circumstances measures for determination of sources of origin of money or other property of the official of the public international organization or person replacement (holding) the state position of the Russian Federation, position of the board member of the Central bank of the Russian Federation, position of the Federal State Service, appointment to which and release from which are performed by the President of the Russian Federation or the Government of the Russian Federation, or the position in the Central bank of the Russian Federation, the state corporation or other organization created by the Russian Federation based on the Federal Law included in the corresponding list of positions determined by the President of the Russian Federation in the cases determined by Item 3 of article 7.3 of the Federal Law.

12. In the program of identification methods and forms of fixation of the data (information) received by the organization and the individual entrepreneur as a result of identification of clients, representatives of clients, beneficiaries and beneficial owners, holding actions, stipulated in Item the 8th this document, and also procedure for updating of the specified data are determined.

12(1). The program of customer research provides holding the actions directed to receipt of the customer information specified in subitem 1.1 of Item 1 of article 7 of the Federal Law.

At the same time determination of goodwill of the client provided by the specified subitem is understood as its assessment which is based on public information.

13. The program of assessment and risk management provides:

technique of assessment of degree (level) of risk in case of acceptance on customer service and references of the client to risk group;

procedure and terms of review of risk group to which the client is carried during its servicing if such client is accepted on the servicing assuming the lasting nature of the relations;

procedure for application concerning the client of the measures directed to counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction taking into account risk group to which the client is carried;

procedure for risk management;

procedure for documentary fixation of results of risks assessment and risk management;

evaluation procedure of possibility of use of new services and (or) program technical means for the purpose of legalization (washing) of income gained in the criminal way, and terrorism financing, including development of package of measures, directed to decrease (minimization) in the present possibility.

The specified procedure provides assessment procedure of possibility of use for the purpose of legalization (washing) of income gained in the criminal way, and the financings of terrorism new (which are not rendered earlier) the services and (or) program technical means (newly created or substantially modernized and not operated earlier) providing possibility of making by clients of transactions with money or other property.

14. The program of assessment and risk management provides risks assessment of the client on one or on set of the following categories of risks:

the risks connected with the countries and the separate geographical territories;

the risks connected with clients;

the risks connected with products, services, supply channels and transactions (transactions) made by the client.

The organizations and individual entrepreneurs have the right to develop additional categories of risks.

15. The program of assessment and risk management provides reference of clients to the following risk groups:

a) high degree (level) of risk;

b) average degree (level) of risk;

c) low degree (level) of risk.

15(1). The organizations and individual entrepreneurs in case of risks assessment 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 terrorism financing;

nature and types of activity of clients, and also nature of the products (services) provided by the organizations and individual entrepreneurs used by clients;

recommendations of Federal Service for Financial Monitoring;

typology of legalization (washing) of income gained in the criminal way, and the terrorism financings posted including on the official sites of the international organizations dealing with issues 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 and in other available sources;

signs of the transactions, types and conditions of activities having the increased risks of making by clients of transactions for the purpose of legalization (washing) of income gained in the criminal way and financing of terrorism taking into account recommendations of Group of development of financial measures of anti-money laundering (FATF).

The decision on reference of the client to risk group is made based on the motivated judgment created following the results of the analysis by the received organization and the individual entrepreneur of customer information the client's representative, the beneficiary and the beneficial owner and on the transactions made by the client or for the benefit of the client and has subjective and estimative character.

The organizations and individual entrepreneurs perform permanent monitoring of risk group concerning the clients accepted on the servicing assuming the lasting nature of the relations by means of assessment of factors based on which assessment of degree (level) of risk was performed.

15(2). The decision on review of risk group is performed in case of identification of factors based on which degree (level) of risk is estimated.

Risk management is implemented by means of implementation of actions for decrease in risk within measures, stipulated by the legislation the Russian Federation, including including:

request of additional information about the client, the client's representative, the beneficiary, the beneficial owner within identification and when updating of the specified data;

request of the additional data explaining transaction nature (transactions);

request of additional data on the purposes of establishment and expected nature of business relations with the organization and the individual entrepreneur, about the purposes of financial and economic activities, financial position, goodwill of clients, and also about sources of origin of money and (or) other property;

realization of the right to refusal in making of transaction according to Item 11 of article 7 of the Federal Law;

submission to Federal Service for Financial Monitoring of information according to Item 3 of article 7 of the Federal Law;

other measures.

16. The program of identification of transactions provides procedures of identification:

a) transactions (transactions) which are subject to mandatory control according to Article 6, Item 6 of Article 7.4 and Item 1 of article 7.5 of the Federal Law;

b) transactions (transactions) which are subject to documentary fixation according to Item 2 of article 7 of the Federal Law on the bases specified in it;

c) unusual one-time transactions (transactions) including falling under the signs specifying unusual nature of transactions (transactions), or sets of the transactions and (or) actions of the client connected with carrying out any transactions, his representative within customer service which implementation can be directed to legalization (washing) of income gained in the criminal way or terrorism financing.

17. The program of identification of transactions for the purpose of identification of transactions (transactions), stipulated in Item the 16th this document (further - the transactions which are subject to control), provides implementation of permanent monitoring of transactions (transactions) of clients.

18. The program of identification of transactions provides special attention (monitoring) to transactions (transactions) of the clients carried by the organization and the individual entrepreneur to group of high degree (level) of risk.

19. Ceased to be valid according to the Order of the Government of the Russian Federation of 14.07.2021 No. 1187

19(1). The program of identification of transactions joins the list of the signs specifying unusual nature of the transaction, established by Federal Service for Financial Monitoring for identification of transactions concerning which there are suspicions that they are performed for the purpose of legalization (washing) of income gained in the criminal way or terrorism financing, proceeding from nature, scale and the main activities of the organization, the individual entrepreneur and their clients. The organization and (or) the individual entrepreneur has the right to represent offers on amendment of the list of the signs specifying unusual nature of the transaction. The decision on recognition of transaction of the client suspicious is made by the organization and (or) the individual entrepreneur based on information on financial and economic activities, financial position and goodwill of the client characterizing its status, the status of his representative and (or) beneficiary, and also beneficial owner.

20. The program of identification of transactions provides procedure for informing the organization by the employee, individual entrepreneur (worker of the individual entrepreneur), revealed transaction (transaction) which is subject to control, the special official (except as specified independent execution by the individual entrepreneur of functions of the special official) for adoption by the last of the decision on further actions concerning transaction (transaction) according to the Federal Law, this document and rules of internal control.

21. The program of identification of transactions provides in case of identification of signs of unusual transaction (transaction) of the client carrying out the analysis of other transactions (transactions) the client, and also the available organization, the individual entrepreneur of customer information, the representative of the client and the beneficiary, the beneficial owner (in the presence of the last) for the purpose of confirmation of justification of suspicions of implementation of transaction (transaction) or number of transactions (transactions) for the purpose of legalization (washing) of income gained in the criminal way or terrorism financing.

22. The program of identification of transactions provides studying of the bases and purposes of making of all revealed unusual transactions (transactions), and also fixation of the received results in writing.

23. The program of identification of transactions provides procedure and cases of acceptance of the following additional measures for studying of the revealed unusual transaction (transaction):

a) obtaining from the client of the necessary explanations and (or) additional data explaining economic sense of unusual transaction (transaction);

b) providing special attention (monitoring) according to this document to all transactions (transactions) of this client for the purpose of receipt of confirmation that their implementation can be directed to legalization (washing) of income gained in the criminal way or terrorism financing.

24. The program of identification of transactions provides acceptance by the head of the organization, the individual entrepreneur or person of the decision authorized by them:

a) about recognition of transaction (transaction) of the client who is subject to mandatory control according to Article 6, Item 6 of Article 7.4 and Item 1 of article 7.5federalnogo of the law;

b) about recognition of the revealed one-time unusual transaction (transaction) suspicious transaction (transaction) or sets of the transactions and (or) actions of the client connected with carrying out any transactions, his representative within customer service performed for the purpose of legalization (washing) of income gained in the criminal way or terrorism financing;

c) about need of acceptance of additional measures for studying of unusual transaction (transaction) of the client;

d) about submission of information provided by subitems "an" and "b" of this Item to Federal Service for Financial Monitoring.

25. The program of documentary fixation of information provides procedure for obtaining and fixing of data (information) on paper and (or) other data carriers for the purpose of implementation of the Federal Law, other regulatory legal acts in the field of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing, and also rules of internal control.

26. The program of documentary fixation of information provides documentary fixation of information:

a) about transaction (transaction) which is subject to mandatory control according to Article 6, Item 6 of Article 7.4 and Item 1 of article 7.5 of the Federal Law;

b) about transaction (transaction) having at least one of the signs specifying unusual transaction nature (transactions);

c) about transaction (transaction) concerning which there are suspicions that it is performed for the purpose of legalization (washing) of income gained in the criminal way or terrorism financing;

d) about transaction (transaction) received in case of customer research program implementation;

e) about set of the transactions and (or) actions of the client connected with carrying out any transactions, his representative within customer service which implementation can be directed to legalization (washing) of income gained in the criminal way or terrorism financing.

27. The program of documentary fixation of information provides creation by the employee of the organization, the individual entrepreneur (the worker of the individual entrepreneur), revealed one-time transaction (transaction) which is subject to control, the internal message - the document containing the following data on such transaction (transaction) (further - the internal message):

a) the category of transaction (transaction) (which is subject to mandatory control or unusual transaction), signs or other circumstances (reasons) on which transaction (transaction) can be referred to the transactions which are subject to mandatory control or to unusual transactions (transactions);

b) content (nature) of transaction (transaction), date, amount and currency of carrying out;

c) the information about person, the foreign structure without formation of legal entity performing operation (transaction);

d) the information about the employee who constituted the internal message on transaction (transaction), and its signature;

e) date of creation of the internal message on transaction (transaction);

e) record (mark) about the decision of the special official made on the internal message on transaction (transaction) and its motivated reasons;

g) record (mark) about the decision of the head of the organization, the individual entrepreneur or person authorized by them accepted concerning the internal message according to Item 24 of this document and its motivated reasons;

h) record (mark) about the additional measures (other actions) taken concerning the client in connection with identification of unusual transaction (transaction) or its signs.

28. The form of the internal message, procedure, terms and method of its transfer to the special official or responsible of the structural division performing functions are determined by counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction by the organization and the individual entrepreneur independently and are reflected in the program of documentary fixation of information.

The form and method of documentary fixation of information on set of the transactions and (or) actions of the client connected with carrying out any transactions, his representative within customer service which implementation can be directed to legalization (washing) of income gained in the criminal way or terrorism financing are determined by the organization and the individual entrepreneur independently and are reflected in the program of documentary fixation of information.

28(1). Join in the program for refusal:

a) the basis for refusal in transaction making established taking into account requirements of Item 11 of article 7 of the Federal Law;

b) procedure for decision making about refusal in making of transaction taking into account requirements of paragraph two of Item 11 of article 7 of the Federal Law, and also documentary fixation of information on cases of refusals in transaction making;

c) the operations procedure in case of refusal in transaction making including informing the client on date and the reasons of the made decision, the actions connected with appeal by the client of the made decision, actions in case of independent elimination of the basis of the made decision or based on the judgment;

d) procedure for submission to Federal Service for Financial Monitoring of information on refusal cases in transaction making, and also information on elimination of the basis of earlier made decision or on its cancellation by court.

28(2). The program for refusal joins the bases and operations procedure in case of refusal in acceptance of the client on servicing taking into account requirements of Item 2.2 of article 7 of the Federal Law, realization of prohibition on acceptance of servicing and implementation of transactions taking into account requirements of Item 15 of article 7 of the Federal Law.

29. The program for suspension of transactions includes:

a) procedure for identification among participants of transaction with money or other property of the physical persons or legal entities specified in the paragraph the second Item 10 of article 7 of the Federal Law, or the physical persons performing transaction with money or other property according to the subitem 3 of Item 2.4 of article 6 of the Federal Law, or the physical persons or legal entities specified in paragraph one of Item 5 of article 7.5 of the Federal Law;

b) operations procedure, directed to suspension of transaction with money or other property according to Item 10 of Article 7 and Item 5 of article 7.5 of the Federal Law;

c) operations procedure, connected with suspension of transaction with money or other property in case of receipt of the judgment passed based on part four of article 8 of the Federal Law;

d) procedure for submission to Federal Service for Financial Monitoring of information on the suspended transactions with money or other property;

e) operations procedure, the requirements directed to realization established by the paragraph the fifth Item 10 of Article 7 and the paragraph third Item 5 of article 7.5 of the Federal Law and connected with implementation of transaction or further suspension of transaction with money or other property in case of receipt of the resolution of Federal Service for Financial Monitoring issued based on part three of article 8 of the Federal Law;

e) procedure for informing the client on impossibility of making of transaction with money or other property according to its order in connection with suspension of the specified transaction.

29(1). Are provided in the program regulating procedure for application of measures for freezing (blocking) of money or other property:

a) procedure for carrying out verification of presence or absence concerning the client, the representative of the client and (or) the beneficiary, and also the beneficial owner of the data on their participation in extremist activities or terrorism, distribution of weapons of mass destruction received according to Item 2 of Article 6, subitems 6 and 6.1 of Item 1 of Article 7, Item 2 of Article 7. 4, Items 2 and 6 of article 7.5 of the Federal Law before acceptance of the client on servicing and during customer service;

b) procedure for decision making about application of measures for freezing (blocking) of money or other property and informing Federal Service for Financial Monitoring on the taken measures;

c) procedure for informing the organizations and physical persons about the money applied concerning their measures for freezing (blocking) or other property;

d) procedure and frequency of carrying out verification of presence or absence among the clients of the organizations and physical persons to whom measures for freezing (blocking) of money or other property, and informing Federal Service for Financial Monitoring on results of check are applied or shall be applied;

e) order of interaction with the organizations and physical persons to which measures for freezing (blocking) of money or other property, within implementation of transactions, stipulated in Item 2.4 Articles 6, by item 4 of Article 7.4 and item 4 of article 7.5 of the Federal Law, including confirmation of the facts of availability of the bases for implementation of such transactions are applied or shall be applied;

e) procedure for decision making about cancellation of the applied measures for freezing (blocking) of money or other property according to subitem 6.1 of Item 1 of Article 7 and the paragraph the second Item 2 of article 7.5 of the Federal Law, and also informing the organizations and physical persons on cancellation of the specified measures.

30. The program of preparation and personnel training in the field 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 is developed in accordance with the legislation of the Russian Federation.

31. The program of check of implementation of internal control provides control of observance by the organization (the staff of the organization) and the individual entrepreneur (workers of the individual entrepreneur) of the legislation of the Russian Federation on counteraction of legalization (washing) of income gained in the criminal way and to financing of terrorism, the rules of internal control and other organizational and administrative documents of the organization, the individual entrepreneur accepted for the purpose of the organization and implementation of internal control.

32. Are provided in the program of check of implementation of internal control:

a) carrying out on regular basis, but at least once a half-year, internal checks of accomplishment in the organization and at the individual entrepreneur of rules of internal control, requirements of the Federal Law and other regulatory legal acts;

b) representation of the organization to the head, individual entrepreneur by results of verifications of the written reports containing data on all revealed violations of the law of the Russian Federation on counteraction of legalization (washing) of income gained in the criminal way and to financing of terrorism, the rules of internal control and other organizational and administrative documents of the organization, the individual entrepreneur accepted for the purpose of the organization and implementation of internal control;

c) taking measures, directed to elimination of the violations revealed by results of checks.

33. The program of storage of information provides storage within at least 5 years from the date of the termination of the relations with the client:

a) the documents containing the information about the client, the client's representative, the beneficiary and the beneficial owner received based on the Federal Law, other regulatory legal acts of the Russian Federation, and also rules of internal control adopted for the purpose of its execution;

b) documents, the concerning transactions (transactions), data on which were represented to Federal Service for Financial Monitoring, and messages on such transactions (transactions);

c) the documents concerning the transactions which are subject to documentary fixation according to article 7 of the Federal Law and this document;

d) documents on transactions on which internal messages were constituted;

e) internal messages;

e) results of studying of the bases and the purposes of the revealed unusual transactions (transactions);

g) the documents relating to activities of the client (in the amount determined by the organization, the individual entrepreneur), including business correspondence and other documents at the discretion of the organization, the individual entrepreneur;

h) other documents received as a result of application of rules of internal control.

34. The program of storage of information provides storage of information and documents so that they could be timely available to Federal Service for Financial Monitoring, and also other public authorities according to their competence of the cases established by the legislation of the Russian Federation and taking into account possibility of their use as the proof in criminal, civil and arbitral procedure.

35. Rules of internal control provide confidentiality of information obtained as a result of application of rules of internal control, and also the measures taken by the organization and the individual entrepreneur in case of implementation of such rules in accordance with the legislation of the Russian Federation.

 

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