INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of December 5, 2014 No. 3471-U

About requirements to preparation and personnel training in not credit financial credit institutions

List of amending documents

Based on 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; 2002, No. 30, Art. 3029; No. 44, Art. 4296; 2004, No. 31, Art. 3224; 2005, No. 47, Art. 4828; 2006, No. 31, Art. 3446, Art. 3452; 2007, No. 16, Art. 1831; No. 31, Art. 3993, Art. 4011; No. 49, Art. 6036; 2009, No. 23, Art. 2776; No. 29, Art. 3600; 2010, No. 28, Art. 3553; No. 30, Art. 4007; No. 31, Art. 4166; 2011, No. 27, Art. 3873; No. 46, Art. 6406; 2012, No. 30, Art. 4172; No. 50, Art. 6954; 2013, No. 19, Art. 2329; No. 26, Art. 3207; No. 44, Art. 5641; No. 52, Art. 6968; 2014, No. 19, Art. 2315, Art. 2335; No. 23, Art. 2934; No. 30, the Art. 4214, the Art. 4219) (further - the Federal Law) and 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; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; No. 10, Art. 1151; No. 18, Art. 2117; 2008, No. 42, Art. 4696, Art. 4699; No. 44, Art. 4982; No. 52, Art. 6229, Art. 6231; 2009, No. 1, Art. 25; No. 29, Art. 3629; No. 48, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, Art. 5973; No. 48, Art. 6728; 2012, No. 50, Art. 6954; No. 53, Art. 7591, Art. 7607; 2013, No. 11, Art. 1076; No. 14, Art. 1649; No. 19, Art. 2329; No. 27, Art. 3438, Art. 3476, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6336; No. 51, Art. 6695, Art. 6699; No. 52, Art. 6975; 2014, No. 19, Art. 2311, Art. 2317; No. 27, Art. 3634; No. 30, Art. 4219; No. 45, of the Art. 6154) the Bank of Russia establishes requirements to preparation and personnel training for professional participants of the security market (except for professional participants of the security market, being credit institutions) (further - professional participants of the security market), insurance companies (except for the medical insurance companies performing activities only in the field of compulsory medical insurance) and insurance brokers (further in case of joint mentioning - insurance companies), managing companies of the investment funds, mutual investment funds and non-state pension funds having license for activities on provision of pensions and pension insurance (further - managing companies), and other organizations performing transactions with money or other property, specified in article 5 of the Federal Law (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 in case of joint mentioning - not credit financial credit institutions).

Chapter 1. General provisions

1.1. In not credit financial credit institution taking into account requirements of this Instruction and regulatory legal acts of the Russian Federation in the field of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing (further - POD/FT), and also nature and features of its activities, nature and features of activities of her clients the events directed to preparation and training of employees in POD/FT shall be held.

1.2. The purpose of training of staff of not credit financial credit institution in POD/FT is knowledge acquisition on POD/FT, necessary for execution of legal acts of the Russian Federation by them, regulations of the Bank of Russia and regulatory legal acts of the Russian Federation in the field of POD/FT, and also internal documents of not credit financial credit institution on POD/FT.

1.3. In the cases provided by this Instruction in not credit financial credit institution the program of preparation and training of staff of not credit financial credit institution in the field of POD/FT shall be developed (further - the program of preparation and training in POD/FT).

Chapter 2. Requirements to forming of the list of employees who shall have obligatory training and training for the purpose of POD/FT

2.1. In not credit financial credit institution the list of employees who shall have obligatory training and training for the purpose of POD/FT (further - the List) shall be determined.

The list affirms the head of not credit financial credit institution.

2.2. The following employees are included in the List (in the presence of the corresponding positions in staff of not credit financial credit institution or the individual entrepreneur, being insurance broker):

a) head of not credit financial credit institution;

b) head of branch of not credit financial credit institution;

c) the deputy manager of not credit financial credit institution (branch) supervising according to in writing drawn up distribution of obligations questions of the organization and implementation of internal control for the purpose of POD/FT;

d) the chief accountant (accountant) of not credit financial credit institution (branch) or the employee performing functions on conducting financial accounting;

e) the special official responsible for implementation of rules of internal control for the purpose of POD/FT in not credit financial credit institution, or the worker of insurance broker, being the individual entrepreneur, performing functions of the responsible on POD/FT (further - the responsible);

e) the staff of structural division on POD/FT, in case of forming of such structural division under the leadership of the responsible;

g) controller;

h) staff of service of internal control of not credit financial credit institution (branch);

i) head of legal division of not credit financial credit institution (branch) or lawyer of not credit financial credit institution;

j) safety manager of not credit financial credit institution (branch);

k) other staff of not credit financial credit institution (branch) at the discretion of her head taking into account features of activities of not credit financial credit institution (branch) and activities of her clients.

2.3. The professional participant of the security market, in addition to the employees specified in Item 2.2 of this Instruction in the List includes the following employees (in the presence of the corresponding positions in staff of the organization):

a) the head and the deputy manager of structural division of the professional participant of the security market (branch) which performs professional activity in the financial market;

b) employees of the professional participant of the security market (branch) who according to job responsibilities carry out at least one of the following functions:

transactions with securities, including on behalf of the professional participant of the security market and at the expense of the professional participant of the security market, on behalf of clients and for customer account, on behalf of the professional participant of the security market and for customer account;

transactions and (or) transactions with money and (or) securities for the benefit of the founder of management;

conducting internal accounting of transactions with securities;

carrying out the transactions connected with transition of the property right to securities on custody accounts of clients;

carrying out the transactions connected with transition of the property right to securities on personal accounts of registered persons.

2.4. The managing company in addition to the employees specified in Item 2.2 of this Instruction in the List includes the following employees (in the presence of the corresponding positions in staff of the organization):

a) the head and the deputy manager of structural division of managing company (branch) which performs activities in the financial market;

b) the staff of managing company (branch) who according to job responsibilities carries out at least one of the following functions:

transactions and (or) transactions with money and (or) securities for the benefit of the founder of management;

signing of the outgoing documents of managing company (branch) concerning implementation of the transactions connected with management of mortgage covering;

signing of the outgoing documents of managing company (branch) concerning implementation of the transactions connected with management of investment reserves of joint-stock investment fund, the property constituting mutual investment fund, means of pension reserves of non-state pension fund or property in which means of pension accruals or accumulating for housing providing the military personnel are invested;

signing of the outgoing documents of managing company (branch) concerning implementation of the transactions connected with management of the securities belonging to joint-stock investment fund of securities as a part of the property constituting mutual investment fund or securities in which means of pension reserves of non-state pension fund are placed or means of pension accruals or accumulating for housing providing the military personnel are invested.

2.5. The insurance company in addition to the employees specified in Item 2.2 of this Instruction in the List includes the following employees (in the presence of the corresponding positions in staff of the organization or the individual entrepreneur, being insurance broker):

a) the head and the deputy manager of structural division of insurance company (branch) performing the functions connected with insurance activity;

b) staff of service of internal audit of insurance company (branch);

c) the staff of insurance company (branch) who according to job responsibilities carries out at least one of the following functions:

conclusion of insurance contracts;

transactions and (or) transactions with insurance reserves and (or) own means (capital).

2.6. The non-state pension fund in addition to the employees specified in Item 2.2 of this Instruction in the List includes the following employees (in the presence of the corresponding positions in staff of the organization):

a) the head and the deputy manager of structural division of non-state pension fund (branch) which performs activities in the financial market;

b) the staff of non-state pension fund (branch) who according to job responsibilities carries out at least one of the following functions:

transactions and (or) transactions with pension reserves and (or) pension accruals;

making of transactions on payment and (or) money transfer for non-state pension provision, including for early non-state pension provision, mandatory pension insurance.

2.7. The credit consumer cooperative, including agricultural credit consumer cooperative, and the microfinancial organization in addition to the employees specified in Item 2.2 of this Instruction in the List include the employees (in the presence of the corresponding positions in the staff of the organization) performing functions on attraction of money from physical persons and legal entities.

Chapter 3. Forms and terms of training

3.1. Training in not credit financial credit institutions is provided in the following forms:

introduction (primary) instructing;

target (unplanned) instructing;

advanced training (planned instructing).

3.2. Introduction (primary) is instructed for the purpose of acquaintance of staff of not credit financial credit institution with legal acts of the Russian Federation, regulations of the Bank of Russia, normative legal and other acts of the Russian Federation in the field of POD/FT, and also internal documents on POD/FT of not credit financial credit institution.

Introduction (primary) is instructed once by the responsible within one month from the date of acceptance of the employee for work to the positions specified in subitems "a" - "" and "е" - "both" Item 2.2 and Items 2.3 - 2.6 presents of the Instruction, or for accomplishment of the functions specified in Items 2.3 - 2.6 presents of the Instruction, and also from the date of transfer into such positions or for accomplishment of such functions.

3.3. The staff of not credit financial credit institution undergoes target (unplanned) instructing for the purpose of knowledge acquisition, necessary for observance of legal acts of the Russian Federation by them, regulations of the Bank of Russia, normative legal and other acts of the Russian Federation in the field of POD/FT, and also forming and enhancement of internal control system of not credit financial credit institutions, programs of its implementation and the internal documents of not credit financial credit institution accepted for the purpose of POD/FT.

In the form of target (unplanned) instructing shall be trained:

person planning to perform functions of the responsible official prior to implementation of such functions;

persons specified in subitems "an" and "b" of Item 2.2 of this Instruction before appointment to the corresponding position;

the individual entrepreneur, being insurance broker, prior to implementation of activities for rendering services of insurance broker;

the employees specified in subitems "e" and "z" of Item 2.2 and in Items 2.3 - 2.6 presents of the Instruction, within year from the date of appointment to the corresponding positions or assignment on them the corresponding job responsibilities.

3.4. Target (unplanned) instructing of the staff of not credit financial credit institution specified in this Instruction is carried out by the responsible in the following cases:

in case of change acting and entry into force of new legal acts of the Russian Federation, regulations of the Bank of Russia, normative legal and other acts of the Russian Federation in the field of POD/FT, regarding the questions relating to the corresponding fields of activity of not credit financial credit institutions no later than three working days from the effective date the relevant acts;

in case of approval by not credit financial credit institution new or change of the existing rules of internal control for the purpose of POD/FT and programs of its implementation, no later than ten working days from approval date or change of the specified documents;

in case of transfer of the employee into other permanent job (temporary work) within not credit financial credit institution providing accomplishment of functions excellent from carried out by it before such transfer, in case when ensuring compliance with the legislation of the Russian Federation in the field of POD/FT in case of accomplishment by the employee of new functions requires carrying out target (unplanned) instructing;

in case of the order to the employee of not credit financial credit institution of the work performed by the staff of not credit financial credit institution specified in Items 2.2 - 2.6 presents of the Instruction, and not caused by the employment contract signed with it when accomplishment of such work does not involve change of conditions of such agreement.

In cases, the specified in paragraphs four and the fifth this Item, not later than ten working days from the date of approach of appropriate case are instructed.

For the persons which are subject to training according to requirements of this Instruction and absent on workplace in connection with leave, official journey or temporary disability, the term established by paragraphs second and third this Item begins to be estimated with the working day following behind day of the end of leave, official journey or the period of temporary disability.

3.5. Advanced training (planned instructing) is performed in the form of participation in seminars and other training actions.

Responsibles of not credit financial credit institutions undergo advanced training (planned instructing) at least once in calendar year.

The staff of insurance companies and professional participants of the security market included in the List undergo advanced training (planned instructing) at least once in calendar year.

Other staff of not credit financial credit institutions included in the List undergoes advanced training (planned instructing) at least once in two calendar years.

3.6. Introduction (primary) and target (unplanned) instructing of staff of not credit financial credit institutions, except for insurance brokers, the workers who are individual entrepreneurs and not having with which employment contracts are signed are carried out according to the program of preparation and training in the POD/FT developed by not credit financial credit institution according to this Instruction.

3.7. Training of staff of not credit financial credit institutions in the form of target (unplanned) instructing and advanced training (planned instructing) is performed by the organization and (or) with attraction of third parties.

Chapter 4. Program of preparation and training in POD/FT and accounting of passing by employees of training

4.1. Not credit financial credit institution, except for insurance broker, being the individual entrepreneur and not having workers with whom employment contracts are signed, develops the program of preparation and training in POD/FT.

The program of preparation and training in POD/FT affirms the head of not credit financial credit institution.

4.2. The program of preparation and training in POD/FT shall provide:

a) studying of legal acts of the Russian Federation, regulations of the Bank of Russia and other regulatory legal acts of the Russian Federation in the field of POD/FT;

b) studying of rules and programs of implementation of internal control in not credit financial credit institution in case of execution by the employee of job responsibilities, and also responsibility measures which can be applied to the employee of not credit financial credit institution for non-execution of legal acts of the Russian Federation, regulations of the Bank of Russia, other regulatory legal acts of the Russian Federation in the field of POD/FT and internal documents of not credit financial credit institution accepted for the purpose of the organization and implementation of internal control;

c) studying of tipologiya, characteristic schemes and methods of laundering of the criminal income and financing of terrorism, and also criteria of identification and signs of unusual transactions;

d) examination of staff of not credit financial credit institution on POD/FT.

4.3. The program of preparation and training in POD/FT shall on periodic basis (at least one time a year) to be exposed to the analysis the responsible.

4.4. In not credit financial credit institutions primary examination of staff of not credit financial credit institution on POD/FT is carried out after one month from date of introduction (primary) instructing.

The form and procedure for holding examination of staff of not credit financial credit institution are determined by POD/FT by not credit financial credit institution independently.

4.5. In not credit financial credit institution accounting of passing by her employees of training shall be performed.

The procedure for conducting such accounting is established by the head of not credit financial credit institution.

The carrying out fact with the employee of not credit financial credit institution of introduction (primary) and target (unplanned) instructing shall be confirmed with its sign manual in the document which form and content not credit financial credit institution establishes independently.

4.6. Documents (or their copies), testimonial of passing by the employee of not credit financial credit institution of training in POD/FT, are stored in the personal record of the employee during the whole time of its work in not credit financial credit institution. Storage of the specified documents in electronic form is allowed.

Chapter 5. Final provisions

5.1. This Instruction becomes effective after 10 days after day of its official publication in "the Bulletin of the Bank of Russia".

5.2. The persons replacing on the date of entry into force of this Instruction of position, specified in subitems "a" - "" and "е" - "both" Item 2.2 and Items 2.3 - 2.6 presents of the Instruction, or the performing functions specified in Items 2.3 - 2.6 presents of the Instruction, and not undergone introduction (primary) instructing till this day shall undergo single training in the form of introduction (primary) instructing within one month from the date of entry into force of this Instruction.

For the persons which are subject to training according to requirements of this Instruction and absent on the date of entry into force of this Instruction on workplace in connection with leave, official journey or temporary disability, the term established by paragraph one of this Item begins to be estimated with the working day following behind day of the end of leave, official journey or the period of temporary disability.

5.3. Not credit financial credit institutions within three months from the date of entry into force of this Instruction shall bring the internal documents into accord with requirements of this Instruction.

It is approved Director of Federal Service for Financial Monitoring

Yu.A.Chikhanchin

 

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