PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of July 20, 2016 No. 550-P

About procedure for bringing to data of credit institutions and not credit financial credit institutions of information on refusal cases in accomplishment of the order of the client about making of transaction, refusal of the conclusion of bank account agreement (contribution) and (or) agreement cancelation of the bank account (contribution) with the client

Based on Item 13.3 of article 7 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; 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. 2311, Art. 2315, Art. 2335; No. 23, Art. 2934; No. 30, Art. 4214, Art. 4219; 2015, No. 1, Art. 14, Art. 37, Art. 58; No. 18, Art. 2614; No. 24, Art. 3367; No. 27, Art. 3945, Art. 3950, Art. 4001; 2016, No. 1, Art. 23, Art. 43, Art. 44; No. 27, Art. 4196, Art. 4221; No. 28, the Art. 4558) (further - the Federal Law No. 115-FZ) 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. 40, Art. 5318; No. 45, Art. 6154; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 37; No. 27, Art. 3958, Art. 4001; No. 29, Art. 4348, Art. 4357; No. 41, Art. 5639; No. 48, Art. 6699; 2016, No. 1, Art. 23, Art. 46, Art. 50; No. 27, of the Art. 4225, of the Art. 4273, of the Art. 4295) the Bank of Russia establishes procedure for bringing to data of credit institutions, and also professional participants of the security market, insurance companies (except for the medical insurance companies performing activities only in the field of compulsory medical insurance), insurance brokers, managing companies of investment funds, mutual investment funds and non-state pension funds, credit consumer cooperatives, including agricultural credit consumer cooperatives, the microfinancial organizations, societies of mutual insurance, non-state pension funds, pawnshops (further - not credit financial credit institutions) received from the federal executive body performing functions on counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing (further - authorized body), information:

about cases of refusal of the organizations performing transactions with money or other property from accomplishment of the order of the client about transaction making, except for transactions on transfer of the money which arrived into the account of physical person, the legal entity, foreign structure without formation of legal entity on which the documents necessary for fixation of information according to provisions of the Federal Law No. 115-FZ are not submitted and also if as a result of implementation of rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way, and to financing of terrorism employees of the organization performing transactions with money or other property have suspicions that transaction is made for the purpose of legalization (washing) of income gained in the criminal way or terrorism financings (further - refusal cases in accomplishment of the order of the client about transaction making);

about cases of refusal of credit institutions of the conclusion of bank account agreement (contribution) with physical person or legal entity, foreign structure without formation of legal entity according to rules of internal control of credit institution in case of availability of suspicions that the purpose of the conclusion of such agreement is making of transactions for the purpose of legalization (washing) of income gained in the criminal way or terrorism financings (further - cases of refusal of the conclusion of bank account agreements (contribution);

about cases of termination of bank account agreements (contribution) by credit institutions with the client in case of acceptance within calendar year of two and more decisions on refusal in accomplishment of the order of the client about transaction making, except for transactions on transfer of the money which arrived into the account of physical person, the legal entity, foreign structure without formation of legal entity on which the documents necessary for fixation of information according to provisions of the Federal Law No. 115-FZ are not submitted and also if as a result of implementation of rules of internal control for the purpose of counteraction of legalization (washing) of income gained in the criminal way, and to financing of terrorism employees of credit institution have suspicions that transaction is made for the purpose of legalization (washing) of income gained in the criminal way or terrorism financings (further - cases of agreement cancelation of the bank account (contribution) with the client).

Chapter 1. Procedure for bringing to data of credit institutions of information obtained from authorized body

1.1. The Bank of Russia when obtaining from authorized body of information on refusal cases in accomplishment of the order of the client about transaction making, cases of refusal of the conclusion of bank account agreements (contribution), cases of agreement cancelation of the bank account (contribution) with the client (further in case of joint mentioning - information) creates the message in electronic form which for establishment of its authenticity and integrity, and also for identification of his sender is supplied with code of authentication of the Bank of Russia (further - the electronic message), and also is ciphered using the means of cryptographic information security used in the Bank of Russia.

Transfer of the electronic message in credit institution is performed by the Bank of Russia according to the procedure, established by this Provision, through territorial office of the Bank of Russia in the territory of which the credit institution is located (further - territorial office). The Bank of Russia provides the direction of the electronic message in territorial office no later than the working day following behind day of receipt of information from authorized body.

1.2. The territorial office provides the direction in credit institution on communication channels of the electronic message no later than the working day following behind day of its obtaining.

1.3. The credit institution provides acceptance of the electronic message and forming in day of receipt of the electronic message of the notification containing confirmation about adoption of the electronic message (further - the notification on adoption of the electronic message), or the notification containing confirmation about rejection of the electronic message (further - the notification on rejection of the electronic message).

The notification on rejection of the electronic message with indication of the reason is created in cases of non-confirmation of authenticity and (or) violation of integrity of the electronic message, discrepancy of formats and structures of the electronic message to the established requirements, total or partial absence in the electronic message of data which availability is provided by the established formats.

1.4. From notifications on adoption of the electronic message, notifications on rejection of the electronic message created during the working day, the credit institution creates the archive file supplied with code of authentication of credit institution (further - the archive file).

1.5. The credit institution sends the archive file to territorial office on communication channels no later than the working day following behind day of forming of the archive file.

1.6. The territorial office provides acceptance of directed archive files on the working days till 16 o'clock (local time). In territorial office in the automated mode the procedure of check of authenticity and integrity of each archive file allowing to determine that such file was directed by the relevant credit institution is carried out and was not changed during transfer from credit institution to territorial office (further - the procedure of authentication). Archive files do not razarkhivirutsya by territorial office and their content by territorial office is not controlled.

1.7. In case of positive results of the procedure of authentication of the archive file the territorial office creates in electronic form the notification on adoption of the archive file.

In case of negative result of the procedure of authentication of the archive file the territorial office creates in electronic form the notification on rejection of the archive file with indication of the reason of its rejection.

1.8. The territorial office sends to credit institution the notification on adoption of the archive file or the notification on rejection of the archive file no later than 18 hours (local time) in day of receipt of the archive file.

1.9. The credit institution in case of receipt of the notification on rejection of the archive file removes the cause of rejection and no later than the working day following behind day of receipt of the specified notification directs the archive file according to the procedure, established by this Provision.

1.10. From all archive files received from credit institutions during the working day and which underwent the procedure of authentication with positive result, the territorial office by means of the program archiver creates on the same day the summary archive file of territorial office supplied with code of authentication of territorial office and sends it to the Bank of Russia.

1.11. The Bank of Russia in case of receipt of the notification on rejection of the electronic message removes the cause of rejection of the electronic message and no later than the working day following behind day of receipt of the notification on rejection of the electronic message directs the electronic message according to the procedure, established by this Provision.

Chapter 2. Procedure for bringing to data of not credit financial credit institutions of information obtained from authorized body

2.1. Bringing to data of not credit financial credit institutions of information obtained from authorized body is performed according to the Instruction of the Bank of Russia of December 21, 2015 No. 3906-U "About order of interaction of the Bank of Russia with not credit financial credit institutions and other participants of information exchange when using of information resources of the Bank of Russia, including personal account by them, and also procedure and terms of the direction other participants of information exchange of the notification on use or notifications on refusal of use of personal account", the registered Ministry of Justice of the Russian Federation on March 1, 2016 No. 41289 ("the Bulletin of the Bank of Russia" of March 16, 2016 No. 26), taking into account the features established by this Provision.

2.2. The Bank of Russia provides the direction of the electronic message signed by the strengthened qualified digital signature of the Bank of Russia and the receiver ciphered on the certificate in not credit financial credit institutions no later than the working day following behind day of obtaining from authorized body of information included in it by placement in personal accounts of not credit financial credit institutions on the official site of the Bank of Russia on the Internet (further - personal account).

2.3. By results of control of the electronic message by not credit financial credit institution is created and takes place in personal account no later than the working day following behind day of receipt of the electronic message, the notification on adoption of the electronic message or the notification on rejection of the electronic message. The notification on rejection of the electronic message is created by not credit financial credit institution in the cases provided by the paragraph the second Item 1.3 of this provision.

Not credit financial credit institution provides the direction of the notification on adoption of the electronic message, notification on rejection of the electronic message, signed by the strengthened qualified digital signature.

2.4. The Bank of Russia in case of obtaining from not credit financial credit institution of the notification on rejection of the electronic message removes the cause of rejection of the electronic message and no later than the working day following behind day of receipt of the notification on rejection of the electronic message directs the electronic message according to the procedure, established by this Provision.

Chapter 3. Requirements for ensuring information security

3.1. The information exchange of credit institutions with the Bank of Russia and territorial offices provided by this Provision is performed using the means of cryptographic information security determined by the Bank of Russia. Ensuring information security when using means of cryptographic information security is performed according to the procedure, No. 321-P established by appendix 1 to the Provision of the Bank of Russia of August 29, 2008 "About procedure for submission by credit institutions to authorized body of the data provided by the Federal Law "About Counteraction of Legalization (Washing) of Income Gained in the Criminal Way and to Terrorism Financing" to No. registered by the Ministry of Justice of the Russian Federation on September 16, 2008 12296, on August 24, 2012 No. 25258, on November 15, 2012 No. 25814, on May 30, 2013 No. 28581, on September 3, 2014 No. 33957, on December 24, 2014 No. 35374, on August 10, 2015 No. 38431, on November 12, 2015 No. 39701 ("the Bulletin of the Bank of Russia" of September 26, 2008 No. 54, of September 12, 2012 No. 54, of November 21, 2012 No. 66, of June 5, 2013 No. 31, of September 12, 2014 No. 82, of January 21, 2015 No. 1, of August 14, 2015 No. 67, of November 25, 2015 No. 106).

3.2. The information exchange of not credit financial credit institutions with the Bank of Russia provided by this Provision is performed using means of information protection in accordance with the legislation of the Russian Federation.

Chapter 4. Final provisions

4.1. This Provision becomes effective after 10 days after day of its official publication.

4.2. The Bank of Russia provides placement on the official site of the Bank of Russia on the Internet approved with authorized body:

a) formats and structure of the electronic message (including structure of its name), notifications of territorial office on adoption of the archive file, the notification of territorial office on rejection of the archive file, the notification on adoption of the electronic message, the notification on rejection of the electronic message;

b) structures of names of the archive file, summary archive file of territorial office.

4.3. The formats and structure of electronic documents specified in Item 4.2 of this provision are applied by credit institutions and not credit financial credit institutions after 60 days after day of their placement on the official site of the Bank of Russia on the Internet, but not earlier than January 1, 2017.

Changes in the formats and structure of electronic documents specified in Item 4.2 of this provision are applied after 30 days after day of their placement on the official site of the Bank of Russia on the Internet.

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