Legislative framework of the Russian Federation. Documents 667 government decree with amendments

"On approval of the Rules for the provision and distribution of subsidies from the federal budget to the budgets of constituent entities of the Russian Federation to support the production and sale of fine and semi-fine wool"

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION
dated July 2, 2015 N 667

ON APPROVAL OF THE RULES FOR THE PROVISION AND DISTRIBUTION OF SUBSIDIES FROM THE FEDERAL BUDGET TO THE BUDGETS OF THE ENTITIES OF THE RUSSIAN FEDERATION TO SUPPORT THE PRODUCTION AND SALES OF FINE FEEL AND SEMI-FINE FEEL WOOL

dated May 25, 2016 N 464)

The Government of the Russian Federation decides:

Approve the attached Rules for the provision and distribution of subsidies from the federal budget to the budgets of constituent entities of the Russian Federation to support the production and sale of fine and semi-fine wool.

Chairman of the Government
Russian Federation
D. MEDVEDEV

APPROVED
Government resolution
Russian Federation
dated July 2, 2015 N 667

RULES FOR THE PROVISION AND DISTRIBUTION OF SUBSIDIES FROM THE FEDERAL BUDGET TO THE BUDGETS OF THE ENTITIES OF THE RUSSIAN FEDERATION TO SUPPORT THE PRODUCTION AND SALES OF FINE FEEL AND SEMI-FINE FEEL WOOL

(as amended by Decree of the Government of the Russian Federation dated May 25, 2016 N 464)

1. These Rules establish the procedure for the provision and distribution of subsidies from the federal budget to the budgets of the constituent entities of the Russian Federation to support the production and sale of fine-fleece and semi-fine-fleece wool (hereinafter referred to as wool) within the framework of the subprogram "Development of the livestock sub-sector, processing and sale of livestock products" of the state program of the Russian Federation " State development program Agriculture and regulation of markets for agricultural products, raw materials and food for 2013 - 2020" (hereinafter referred to as subsidies).

2. Subsidies are provided for the purpose of co-financing the fulfillment of expenditure obligations of the constituent entities of the Russian Federation related to the implementation of state programs of the constituent entities of the Russian Federation and (or) municipal programs providing for the development of wool production by agricultural producers, with the exception of citizens conducting personal subsidiary farm(hereinafter referred to as agricultural producers, state and (or) municipal programs, respectively). The main manager of federal budget funds is the Ministry of Agriculture of the Russian Federation.

3. The subsidy is provided to the budget of a constituent entity of the Russian Federation that meets the following requirements (criteria):

a) the presence in the territory of a constituent entity of the Russian Federation of agricultural producers engaged in the production and sale of wool;

b) the presence of sheep among agricultural producers on the territory of a constituent entity of the Russian Federation.

4. The subsidy is provided to the budget of a constituent entity of the Russian Federation on the following conditions:

a) the presence of approved state and (or) municipal programs containing the activities provided for in paragraph 2 of these Rules;

b) the presence in the budget of a constituent entity of the Russian Federation (local budget) of budgetary allocations for the fulfillment of expenditure obligations of a constituent entity of the Russian Federation ( municipalities), related to the provision of funds to support certain sub-sectors of livestock farming within the framework of state and (or) municipal programs;

c) the presence of a regulatory legal act of a constituent entity of the Russian Federation establishing:

the procedure, conditions and frequency of providing agricultural producers from the budget of a constituent entity of the Russian Federation with funds, the source of financial support of which is a subsidy, to support the production and sale of wool, in accordance with the criteria specified in paragraph 5 of these Rules;

a list of documents required to receive these funds, as well as the time frame for their consideration, not exceeding 15 working days.

5. Funds to support the production and sale of wool, the source of financial support for which are subsidies, are provided to agricultural producers producing wool and selling it to processing organizations on the territory of the Russian Federation at rates determined by the body authorized by the highest executive body of state power of the constituent entity of the Russian Federation ( hereinafter - the authorized body), within the limits of funds allocated to the constituent entity of the Russian Federation for these purposes, on the basis of documents issued by accredited laboratories confirming the compliance of wool quality with established standards, based on the availability of sheep livestock among agricultural producers and confirmation of the volume of wool sales for the 1st the date of the month when agricultural producers apply to the authorized body to receive funds for the production and sale of wool.

6. The amount of the subsidy provided to the budget of the i-ro constituent entity of the Russian Federation to support the production and sale of wool (Wi) is determined by the formula:

W is the volume of budgetary allocations provided for in the federal budget to support the production and sale of wool for the corresponding financial year;

RVOi - the level of estimated budgetary provision of the i-ro constituent entity of the Russian Federation for the corresponding financial year, calculated in accordance with the methodology for the distribution of subsidies for equalizing the budgetary provision of the constituent entities of the Russian Federation, approved by Decree of the Government of the Russian Federation of November 22, 2004 N 670 "On the distribution of subsidies for equalizing the budgetary provision of the constituent entities of the Russian Federation";

Di - the share of production and sale of wool in the territory of the i-ro constituent entity of the Russian Federation, corresponding to paragraph 3 of these Rules, in the total volume of production and sale of wool in the constituent entities of the Russian Federation, meeting the requirements provided for in paragraph 3 of these Rules, determined on the basis of data provided by authorized authorities in the form approved by the Ministry of Agriculture of the Russian Federation, for the reporting financial year according to the formula:

Qi is the volume of production and sale of wool by agricultural producers in the territory of the i-th subject of the Russian Federation for the reporting financial year;

Q is the total volume of production and sale of wool by agricultural producers in the constituent entities of the Russian Federation for the reporting financial year.

7. The distribution of subsidies to the budgets of the constituent entities of the Russian Federation is established by the federal law on the federal budget for the corresponding financial year and planning period and (or) an act of the Government of the Russian Federation adopted in accordance with it.

Calculation of the amount of the subsidy in the event of an increase in budget allocations in the current financial year for the fulfillment of expenditure obligations provided for in paragraph 2 of these Rules is carried out on the basis of the data used in calculating the amount of the subsidy in accordance with paragraph 6 of these Rules for the current financial year.

8. The volume of budgetary allocations of the budget of a constituent entity of the Russian Federation for the fulfillment of the expenditure obligation of a constituent entity of the Russian Federation, co-financed by a subsidy, is approved by the law of the constituent entity of the Russian Federation on the budget of the constituent entity of the Russian Federation based on the need to achieve the values ​​of performance indicators for the use of the subsidy established by the agreement on the provision of a subsidy concluded by the Ministry agriculture of the Russian Federation and the highest executive body of state power of the constituent entity of the Russian Federation (hereinafter referred to as the agreement), but not less than in the amount necessary to ensure the level of co-financing of the expenditure obligation from the federal budget established for the constituent entity of the Russian Federation.

The level of co-financing of the expenditure obligation of a constituent entity of the Russian Federation, the source of financial support of which is a subsidy (Yi), is determined by the formula:

where 0.9 - average level co-financing.

The level of co-financing of the expenditure obligation of a constituent entity of the Russian Federation cannot be set above 95 percent and below 90 percent of the expenditure obligation.

The level of co-financing for the constituent entities of the Russian Federation is approved by the Ministry of Agriculture of the Russian Federation for the corresponding financial year.

9. The provision of subsidies is carried out on the basis of an agreement.

The form of the agreement is approved by the Ministry of Agriculture of the Russian Federation in accordance with the provisions defined by Decree of the Government of the Russian Federation of September 30, 2014 N 999 “On the formation, provision and distribution of subsidies from the federal budget to the budgets of the constituent entities of the Russian Federation.”

10. Transfer of subsidies is carried out in the prescribed manner to the accounts of territorial bodies of the Federal Treasury, opened to record revenues and their distribution between budgets budget system of the Russian Federation, for subsequent transfer in the prescribed manner to the budgets of the constituent entities of the Russian Federation.

If the Ministry of Agriculture of the Russian Federation makes a decision to transfer the powers of the recipient of federal budget funds to transfer subsidies to a territorial body of the Federal Treasury, the transfer of subsidies is carried out to accounts opened by territorial bodies of the Federal Treasury to record transactions with funds received by the budgets of the constituent entities of the Russian Federation, in the manner established by the Federal Treasury.

11. The authorized body submits the following documents to the Ministry of Agriculture of the Russian Federation:

a) an extract from the law of the constituent entity of the Russian Federation on the budget of the constituent entity of the Russian Federation and (or) from the regulatory legal acts of municipalities on local budgets, confirming the availability of budgetary allocations approved in the budget of the constituent entity of the Russian Federation and (or) the local budget for the implementation of those specified in paragraph 2 of these Rules for expenditure obligations of a constituent entity of the Russian Federation and (or) municipalities - within the period established by the Ministry of Agriculture of the Russian Federation;

b) a report on budget expenditures of a constituent entity of the Russian Federation, the source of financial support for which is a subsidy, in the form established by the Ministry of Agriculture of the Russian Federation, by the 10th day of the month following the reporting quarter;

c) a report on the achievement of the performance indicators for using the subsidy provided for in the agreement - in the form established by the Ministry of Agriculture of the Russian Federation, by January 15 of the year following the reporting year;

d) a report on the financial and economic condition of agricultural producers - in the form and within the time limits established by the Ministry of Agriculture of the Russian Federation;

e) a report on the fulfillment of the conditions for the provision of subsidies - in the form established by the Ministry of Agriculture of the Russian Federation, no later than January 15 of the year following the reporting year.

12. If the amount of budgetary allocations provided for in the budget of a constituent entity of the Russian Federation for the development of wool production does not allow for the level of co-financing established for the constituent entity of the Russian Federation, the subsidy in the amount provided to the budget of the constituent entity of the Russian Federation is subject to reduction in order to ensure the appropriate level of co-financing, and the released budgetary allocations are redistributed between the budgets of other constituent entities of the Russian Federation that are entitled to receive subsidies.

13. If a constituent entity of the Russian Federation does not have a need for a subsidy in the current financial year, the unused subsidy, based on a written request from the authorized body, is redistributed between the budgets of other constituent entities of the Russian Federation entitled to receive subsidies.

14. The effectiveness of expenditures of the budgets of the constituent entities of the Russian Federation, the source of financial support of which are subsidies, is assessed annually by the Ministry of Agriculture of the Russian Federation based on the achievement of the indicator of effectiveness of the use of the subsidy - wool production in agricultural organizations, peasant (farm) enterprises, including individual entrepreneurs (thousands). tons).

15. Provisions regarding the procedure for the return of funds by subjects of the Russian Federation in case of violation of the obligations stipulated by the agreement in terms of fulfillment and (or) achievement of the values ​​of performance indicators for the use of the subsidy, including the procedure for calculating the amount of funds to be returned, terms of return, grounds for the release of subjects of the Russian Federation from the application of penalties for violation of obligations provided for in the agreement, as well as provisions concerning the procedure for the use of returned funds by the main manager of federal budget funds, are applied in accordance with Decree of the Government of the Russian Federation of September 30, 2014 N 999 “On the formation, provision and distribution of subsidies from the federal budget to the budgets of the constituent entities of the Russian Federation."

16. If there is no agreement as of September 1 of the current financial year, the subsidy provided to the corresponding subject of the Russian Federation, in the amount approved by the federal law on the federal budget for the corresponding financial year and planning period and (or) an act of the Government of the Russian Federation, is redistributed between the budgets of other subjects of the Russian Federation entitled to receive subsidies in accordance with these Rules, and (or) for other activities of the State Program for the Development of Agriculture and Regulation of Markets for Agricultural Products, Raw Materials and Food for 2013 - 2020, approved by Decree of the Government of the Russian Federation dated July 14, 2012 N 717 "O" State program development of agriculture and regulation of markets for agricultural products, raw materials and food for 2013 - 2020."

Decisions on the distribution and redistribution of federal budget allocations for the provision of subsidies are not made if agreements were not concluded due to force majeure circumstances.

17. The balance of the subsidy formed in accordance with paragraphs 12, 13, 15 and 16 of these Rules is redistributed between the budgets of the constituent entities of the Russian Federation by decision of the Ministry of Agriculture of the Russian Federation on the basis of written requests submitted by authorized bodies to the Ministry to increase the annual amount of allocated subsidies in proportion to the specific the weight of the additional need of the constituent entity of the Russian Federation for subsidies in the total volume of the additional need of the constituent entities of the Russian Federation for subsidies, taking into account the actual disbursement of funds for the reporting period.

The redistribution of subsidies between the budgets of the constituent entities of the Russian Federation is established by the federal law on the federal budget for the corresponding financial year and planning period and (or) an act of the Government of the Russian Federation adopted in accordance with it.

18. Transactions on cash expenditures of the budgets of the constituent entities of the Russian Federation (local budgets), the source of financial support for which are subsidies, including their balance unused as of January 1 current year, are carried out taking into account the specifics established by the federal law on the federal budget for the current financial year and planning period.

19. The balance of subsidies not used as of January 1 of the current financial year is subject to return to the federal budget by government bodies of the constituent entities of the Russian Federation, for which, in accordance with the legislation of the Russian Federation and other regulatory legal acts sources of budget revenues of a constituent entity of the Russian Federation are fixed for the return of subsidy balances, in accordance with the requirements established by the Budget Code of the Russian Federation and the federal law on the federal budget for the current financial year and planning period.

In accordance with the decision of the Ministry of Agriculture of the Russian Federation on the need for subsidies that were not used as of January 1 of the current financial year, budget expenditures of a constituent entity of the Russian Federation corresponding to the purposes of providing subsidies may be increased in the prescribed manner by amounts not exceeding the balance of subsidies.

If the unused balance of the subsidy is not transferred to the federal budget, these funds are subject to collection to the federal budget in the manner established by the Ministry of Finance of the Russian Federation.

20. If the authorized body fails to comply with the conditions for providing a subsidy, the relevant information is sent by the Ministry of Agriculture of the Russian Federation to the Ministry of Finance of the Russian Federation with a proposal to suspend the provision of the subsidy for a decision to be made in the manner established by the Ministry of Finance of the Russian Federation.

21. In the event of misuse of a subsidy and (or) violation by a subject of the Russian Federation of the conditions for its provision, budget coercive measures provided for by the budgetary legislation of the Russian Federation are applied to it.

The decision to suspend the transfer (reduce the volume) of a subsidy to the budget of a constituent entity of the Russian Federation is not made if the conditions for the provision of the subsidy were not met due to force majeure circumstances.

22. Responsibility for the reliability of information submitted to the Ministry of Agriculture of the Russian Federation and compliance with the conditions established by these Rules and the agreement rests with the authorized bodies.

In case of non-compliance with the conditions established by the agreement and these Rules, the corresponding funds are subject to recovery to the federal budget in accordance with the budget legislation of the Russian Federation.

23. Monitoring of compliance by constituent entities of the Russian Federation with the conditions for the provision of subsidies is carried out by the Ministry of Agriculture of the Russian Federation and the federal executive body exercising control and supervision functions in the financial and budgetary sphere. (as amended by Decree of the Government of the Russian Federation dated May 25, 2016 N 464)

In accordance with the Federal Law "On Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism" the Government of the Russian Federation decides:

1. Approve the attached requirements for the rules internal control, developed by organizations carrying out transactions with funds or other property (with the exception of credit institutions).

2. Establish that the internal control rules in force before the entry into force of this resolution are subject to being brought by organizations carrying out transactions with funds or other property (with the exception of credit institutions) into compliance with the requirements approved by this resolution within one month.

3. To recognize as invalid:

Decree of the Government of the Russian Federation of January 8, 2003 No. 6 “On the procedure for approving internal control rules in organizations carrying out transactions with funds or other property” (Collected Legislation of the Russian Federation, 2003, No. 2, Art. 188);

Clause 4 of the changes that are being made to the acts of the Government of the Russian Federation on issues of combating the legalization (laundering) of proceeds from crime and the financing of terrorism, approved by Decree of the Government of the Russian Federation of October 24, 2005 N 638 (Collection of Legislation of the Russian Federation, 2005, N 44, Art. 4562);

Order of the Government of the Russian Federation of June 10, 2010 N 967-r (Collection of Legislation of the Russian Federation, 2010, N 26, Art. 3377).

Chairman
Government of the Russian Federation
D. Medvedev

Note ed: the text of the resolution was published in the "Collection of Legislation of the Russian Federation", 07/09/2012, No. 28, art. 3901.

Requirements for internal control rules developed by organizations carrying out transactions with funds or other property (except for credit institutions)

1. This document defines the requirements for the development of internal control rules by organizations (with the exception of credit institutions, including those that are professional participants in the securities market) carrying out transactions with funds or other property (hereinafter referred to as the organization, internal control rules) in order to combat the legalization (laundering) of proceeds from crime and the financing of terrorism.

2. Internal control rules are developed in accordance with the legislation of the Russian Federation.

3. The internal control rules are a document that:

A) regulates the organizational basis of work aimed at combating the legalization (laundering) of proceeds from crime and the financing of terrorism in the organization;
b) establishes the duties and procedures of officials and employees for the purpose of implementing internal control;
c) determines the deadlines for fulfilling duties in order to implement internal control, as well as the persons responsible for their implementation.

4. The internal control rules include the following internal control programs:

A) a program defining the organizational basis for the implementation of internal control (hereinafter referred to as the program for organizing internal control);
b) identification program for clients, client representatives and (or) beneficiaries (hereinafter referred to as the identification program);
c) a program for assessing the degree (level) of risk of a client performing transactions related to the legalization (laundering) of proceeds from crime and the financing of terrorism (hereinafter referred to as the risk assessment program);
d) a program for identifying operations (transactions) subject to mandatory control and operations (transactions) that have signs of connection with the legalization (laundering) of proceeds from crime or the financing of terrorism (hereinafter referred to as the program for identifying operations);
e) program for documenting information;
f) a program regulating the procedure for suspending operations in accordance with the Federal Law “On Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism” (hereinafter referred to as the Federal Law, the program for suspending operations (transactions));
g) a training program for employees of the organization in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism;
h) program for checking the implementation of internal control;
i) a program for storing information and documents obtained as a result of implementing internal control programs for the purpose of combating the legalization (laundering) of proceeds from crime and the financing of terrorism (hereinafter referred to as the information storage program).

5. The internal control rules establish the powers, as well as the responsibilities assigned to the special official responsible for the implementation of the internal control rules (hereinafter referred to as the special official).

6. The internal control rules are approved by the head of the organization.

7. The program for organizing internal control is developed taking into account the following conditions:

A) in an organization in accordance with paragraph 2 of Article 7 Federal Law a special official is appointed;
b) in an organization (taking into account the specifics of its structure, staffing levels, client base and the degree (level) of risks associated with the organization’s clients and their operations), a structural unit may be formed or designated to perform anti-money laundering functions criminal means and financing of terrorism;
c) the program contains a description of the internal control system in the organization and its branch (branches) (if any), the procedure for interaction between the structural divisions of the organization on the implementation of internal control rules.

8. The identification program includes the following procedures for implementing measures to identify the client, client representative and (or) beneficiary:
a) establishing the information specified in Article 7 of the Federal Law in relation to the client, the client’s representative and (or) the beneficiary;
b) checking the presence or absence in relation to the client, the client’s representative and (or) the beneficiary of information about their involvement in extremist activities or terrorism, obtained in accordance with paragraph 2 of Article 6 of the Federal Law;
c) determining whether the client, the client’s representative and (or) the beneficiary belong to the number of foreign public officials;
d) identification of legal entities and individuals who respectively have registration, place of residence or location in a state (territory) that does not comply with the recommendations of the Development Group financial measures anti-money laundering (FATF), or using accounts in a bank registered in a specified state (in a specified territory);
e) assessing and assigning to the client the degree (level) of risk of the client performing transactions related to the legalization (laundering) of proceeds from crime and the financing of terrorism (hereinafter referred to as the risk), in accordance with the risk assessment program;
f) updating information obtained as a result of identifying the organization’s clients, establishing and identifying beneficiaries.

9. The identification program may additionally provide for the establishment and recording of the following data received by the organization in accordance with paragraph 5.4 of Article 7 of the Federal Law:

A) date state registration legal entity;
b) mailing address legal entity;
c) the composition of the founders (participants) of the legal entity;
d) composition and structure of management bodies of a legal entity;
e) the size of the authorized (share) capital or the size of the authorized fund.

10. When identifying a legal entity (subject to its consent), it may be possible to establish and record codes for federal state statistical observation forms.

11. The identification program in order to implement the requirements established by Article 7.3 of the Federal Law provides for:

The procedure for identifying foreign public officials, as well as their spouses and close relatives, among individuals employed or accepted for service;
procedure for hiring foreign public officials, as well as measures to determine sources of origin Money or other property of foreign public officials.

12. The identification program determines the methods and forms of recording information (information) received by the organization as a result of identifying clients, client representatives, beneficiaries, carrying out activities provided for in paragraph 8 of this document, as well as the procedure for updating this information.

13. The risk assessment program defines procedures for assessing and assigning a degree (level) of risk to a client, taking into account the requirements for its identification:

A) when a contractual relationship arises with a client (accepting him for service);
b) in the course of servicing the client (as operations (transactions) are performed);
c) in other cases provided for by the organization in the internal control rules.

14. The risk assessment program provides for a risk assessment of clients based on the characteristics of transactions, types and conditions of activity that have an increased risk of clients carrying out transactions for the purpose of legalization (laundering) of proceeds from crime and the financing of terrorism, taking into account the recommendations of the Financial Action Task Force with money laundering (FATF).

15. The risk assessment program provides for the procedure and frequency of monitoring the client’s operations (transactions) in order to assess the degree (level) of risk and subsequent control over its changes.

16. The transaction identification program provides procedures for identifying:

A) operations (transactions) subject to mandatory control in accordance with Article 6 of the Federal Law;
b) operations (transactions) subject to documentary recording in accordance with paragraph 2 of Article 7 of the Federal Law on the grounds specified therein;
c) unusual operations (transactions), including those that fall under the identification criteria and signs of unusual transactions, the implementation of which may be aimed at legalizing (laundering) proceeds from crime or financing terrorism.

17. The program for identifying operations in order to identify operations (transactions) provided for in paragraph 16 of this document (hereinafter referred to as operations subject to control), provides for continuous monitoring of operations (transactions) of clients.

18. The program for identifying transactions in order to identify unusual transactions, the implementation of which may be aimed at legalizing (laundering) proceeds from crime or financing of terrorism, provides for increased attention (monitoring) to transactions (transactions) of clients classified as high-risk .

19. The program for identifying transactions in order to identify operations (transactions), the implementation of which may be aimed at legalizing (laundering) proceeds from crime or financing terrorism, includes criteria for identifying unusual transactions and their signs.

20. The transaction identification program provides for the procedure for an employee of an organization who has identified an operation (transaction) subject to control to inform a special official so that the latter can make a decision on further actions in relation to the operation (transaction) in accordance with the Federal Law, this document and the internal control rules.

21. The transaction detection program provides for, when identifying signs of an unusual transaction (transaction) of a client, an analysis of other transactions (transactions) of the client, as well as information available to the organization about the client, the client’s representative and the beneficiary (if any) in order to confirm the validity of suspicions of operations (transactions) or a series of operations (transactions) for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism.

22. The program for identifying transactions provides for the organization to study the grounds and purposes of all identified unusual transactions (transactions), as well as recording the results obtained in writing.

23. The transaction identification program provides for the procedure and cases for the organization to take the following additional measures to study the identified unusual
operations (transactions):

A) obtaining from the client the necessary explanations and (or) additional information explaining the economic meaning of the unusual operation (transaction);
b) ensuring increased attention (monitoring) in accordance with this document to all operations (transactions) of this client in order to obtain confirmation that their implementation may be aimed at legalizing (laundering) proceeds from crime or financing terrorism.

24. The program for identifying operations provides for the decision by the head of the organization or an official authorized by him to:

A) on recognizing the client’s operation (transaction) as subject to mandatory control in accordance with Article 6 of the Federal Law;
b) on recognizing the identified unusual operation (transaction) as a suspicious operation (transaction), the implementation of which may be aimed at legalizing (laundering) proceeds from crime or financing terrorism;
c) the need to take additional measures to study the client’s unusual operation (transaction);
d) on the submission of information on transactions provided for in subparagraphs “a” and “b” of this paragraph to the Federal Service for Financial Monitoring.

25. The program for documenting information provides for the procedure for obtaining and securing information (information) on paper and (or) other media for the purpose of implementing the Federal Law and other regulatory legal acts in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism , as well as the rules of internal control of the organization.

26. The program for documenting information provides for documenting information when identifying signs that the client has committed:

A) an operation (transaction) subject to mandatory control in accordance with Article 6 of the Federal Law;
b) an operation (transaction) that meets the identification criteria and (or) signs of an unusual operation (transaction);
c) another operation (transaction) in relation to which there are suspicions that it is carried out for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism.

27. The program for documenting information involves the drawing up by an employee of the organization who has identified an operation (transaction) subject to control, of an internal message - a document containing the following information about such an operation (transaction) (hereinafter referred to as the internal message):

A) category of operation (transaction) (subject to mandatory control or unusual operation), criteria (signs) or other circumstances (reasons) by which the operation (transaction) can be classified as operations subject to mandatory control or unusual operations (transactions) ;
b) content (nature) of the operation (transaction), date, amount and currency;
c) information about the person(s) conducting the operation (transaction);
d) information about the employee who compiled the internal message about the operation (transaction), and his signature;
e) date of preparation of the internal message about the operation (transaction);
f) a record (mark) of the decision of a special official made in relation to an internal message about an operation (transaction), and its reasoned justification;
g) a record (mark) of the decision of the head of the organization or an official authorized by him, taken in relation to an internal message about an operation (transaction) in accordance with paragraph 24 of these requirements, and its reasoned justification;
h) a record (notation) of additional measures (other actions) taken by the organization in relation to the client in connection with the identification of an unusual operation (transaction) or its signs.

28. The form of the internal message, the procedure, timing and method of its transmission to the responsible person are determined by the organization independently and are reflected in the program for documenting information.

29. The program for suspending operations (transactions) provides for the timing and procedure for the organization to take measures aimed at:

A) suspension, in accordance with paragraph 10 of Article 7 of the Federal Law, of operations (transactions) in which one of the parties is an organization or individual included in the list of organizations and individuals in respect of which there is information about their participation in extremist activities or terrorism, and informing the Federal Service for Financial Monitoring in accordance with paragraph 2 of Article 6 of the Federal Law;
b) suspension of operations (transactions) of the client in the event of receiving a resolution from the Federal Service for Financial Monitoring on the suspension of transactions with funds or other property, issued on the basis of Article 8 of the Federal Law;
c) suspension of the client’s operations (transactions) for an additional period in the event of receiving a court decision to suspend transactions with funds or other property, made on the basis of Article 8 of the Federal Law.

30. The training program for employees of the organization in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism is developed in accordance with the legislation of the Russian Federation.

31. The program for verifying the implementation of internal control ensures monitoring of compliance by the organization and its employees with the legislation of the Russian Federation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism, internal control rules and other organizational and administrative documents of the organization adopted for the purposes of the organization and implementation of internal control.

32. The program for verifying the implementation of internal control provides for:

A) conducting on a regular basis, but at least once every six months, internal audits of the organization’s compliance with internal control rules, requirements of the Federal Law and other regulatory legal acts;
b) submission to the head of the organization, based on the results of inspections, of written reports containing information about all identified violations of the legislation of the Russian Federation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism, internal control rules and other organizational and administrative documents of the organization adopted for the purpose of organization and implementation of internal control;
c) taking measures aimed at eliminating violations identified as a result of inspections.

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

A) documents containing information about the organization’s client, the client’s representative, the beneficiary, received on the basis of the Federal Law, other regulatory legal acts of the Russian Federation adopted for the purpose of its implementation, as well as internal control rules;
b) documents relating to operations (transactions), information about which was submitted to the Federal Service for Financial Monitoring, and messages about such operations (transactions);
c) documents relating to transactions subject to documentary recording in accordance with Article 7 of the Federal Law and this document;
d) documents on transactions for which internal messages were compiled;
e) internal messages;
f) the results of studying the grounds and purposes of identified unusual operations (transactions);
g) documents related to the client’s activities (to the extent determined by the organization), including business correspondence and other documents at the discretion of the organization;
h) other documents obtained as a result of applying internal control rules.

34. The information storage program provides for the storage of information and documents in such a way that they can be timely available to the Federal Service for Financial Monitoring, as well as other government bodies in accordance with their competence in cases established by law Russian Federation, and taking into account the possibility of their use as evidence in criminal, civil and arbitration proceedings.

35. The internal control rules provide for ensuring the confidentiality of information obtained as a result of the application of the internal control rules, as well as measures taken by the organization in implementing such rules in accordance with the legislation of the Russian Federation.

Decree of the Government of the Russian Federation of January 8, 2003 No. 6 “On the procedure for approving the rules of internal control in organizations carrying out transactions with funds or other property” (Collected Legislation of the Russian Federation, 2003, No. 2, Art. 188);

paragraph 4 of the changes that are being made to the acts of the Government of the Russian Federation on issues of combating the legalization (laundering) of proceeds from crime and the financing of terrorism, approved by Decree of the Government of the Russian Federation of October 24, 2005 N 638 (Collected Legislation of the Russian Federation, 2005, N 44, Art. 4562);

Order of the Government of the Russian Federation of June 10, 2010 N 967-r (Collection of Legislation of the Russian Federation, 2010, N 26, Art. 3377).

Chairman of the Government

Russian Federation

D.MEDVEDEV

Approved

Government resolution

Russian Federation

REQUIREMENTS

TO THE INTERNAL CONTROL RULES DEVELOPED

ORGANIZATIONS CARRYING OUT OPERATIONS WITH MONEY

FUNDS OR OTHER PROPERTY, AND INDIVIDUAL

ENTREPRENEURS

1. This document defines the requirements for the development of organizations carrying out transactions with funds or other property (hereinafter referred to as organizations), as well as individual entrepreneurs carrying out purchases, purchases and sales precious metals and precious stones, jewelry made from them and scrap of such products, and individual entrepreneurs providing intermediary services in transactions of purchase and sale of real estate (hereinafter referred to as individual entrepreneurs), the rules of internal control carried out in order to combat the legalization (laundering) of income received criminally, financing terrorism and financing the proliferation of weapons of mass destruction (hereinafter referred to as internal control rules).

This document does not apply to credit organizations, professional participants in the securities market, insurance organizations specified in paragraph four of part one of Article 5 of the Federal Law “On Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism” (hereinafter referred to as the Federal Law), insurance brokers, investment management companies funds, mutual investment funds and non-state pension funds, credit consumer cooperatives, including agricultural credit consumer cooperatives, microfinance organizations, mutual insurance societies, non-state pension funds and pawn shops.

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

Internal control rules must be provided by the organization and individual entrepreneur in accordance with the requirements of regulatory legal acts on combating the legalization (laundering) of proceeds from crime and the financing of terrorism no later than a month after the date of entry into force of these regulatory legal acts, unless otherwise established by such regulatory legal acts.

2. Internal control rules are developed in accordance with the legislation of the Russian Federation.

3. The internal control rules are a document that is issued on paper and which:

A) regulates the organizational basis of work aimed at combating the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction in the organization;

B) establishes the responsibilities and procedure for the actions of the head of the organization, individual entrepreneur and employees of the organization, individual entrepreneur for the purpose of implementing internal control;

C) determines the deadlines for fulfilling duties in order to implement internal control, as well as the persons responsible for their implementation.

4. The internal control rules include the following internal control programs:

A) a program defining the organizational basis for the implementation of internal control (hereinafter referred to as the program for organizing internal control);

B) identification program for clients, client representatives and (or) beneficiaries, as well as beneficial owners (hereinafter referred to as the identification program);

C) a program for assessing the degree (level) of risk of a client performing transactions related to the legalization (laundering) of proceeds from crime and the financing of terrorism (hereinafter referred to as the risk assessment program);

D) a program for identifying operations (transactions) subject to mandatory control, and operations (transactions) that have signs of connection with the legalization (laundering) of proceeds from crime or the financing of terrorism (hereinafter referred to as the program for identifying operations);

D) program for documenting information;

E) a program regulating the procedure for suspending operations in accordance with the Federal Law (hereinafter referred to as the program for suspending operations);

G) program for training and education of personnel in the field of combating the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction;

H) program for checking the implementation of internal control;

I) a program for storing information and documents obtained as a result of implementing internal control programs in order to combat the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction (hereinafter referred to as the information storage program);

J) a client study program when accepting services and servicing (hereinafter referred to as the client study program);

K) a program regulating the procedure in case of refusal to execute a client’s order to perform a transaction;

M) a program regulating the procedure for applying measures to freeze (block) funds or other property.

5. The internal control rules establish the powers, as well as the responsibilities assigned to the special official responsible for the implementation of the internal control rules (hereinafter referred to as the special official).

6. The internal control rules are approved by the head of the organization, an individual entrepreneur.

7. The program for organizing internal control is developed taking into account the following conditions:

A) a special official is appointed in an organization and an individual entrepreneur in accordance with paragraph 2 of Article 7 of the Federal Law;

B) in an organization (taking into account the specifics of its structure, staffing levels, client base and the degree (level) of risks associated with the organization’s clients and their operations), a structural unit may be formed or designated to perform anti-money laundering functions criminal activities, financing of terrorism and financing the proliferation of weapons of mass destruction;

C) the program contains a description of the internal control system in the organization and its branch (branches) (if any) and in the individual entrepreneur, as well as the procedure for interaction between the structural divisions of the organization (employees of the individual entrepreneur) on the implementation of internal control rules.

8. The identification program includes the following procedures for implementing measures to identify the client, the client’s representative and (or) the beneficiary, as well as the beneficial owner:

A) establishing in relation to the client, the client’s representative and (or) the beneficiary the information specified in Article 7 of the Federal Law, and verifying the accuracy of this information before accepting the client for service;

A(1)) taking reasonable and accessible measures in the current circumstances to identify and identify beneficial owners, including measures to establish in relation to these owners the information provided for in subparagraph 1 of paragraph 1 of Article 7 of the Federal Law, and to verify the accuracy of the information received;

B) checking the presence or absence in relation to the client, the client’s representative and (or) beneficiary, as well as the beneficial owner of information about their involvement in extremist activities or terrorism, the proliferation of weapons of mass destruction, received in accordance with paragraph 2 of Article 6, paragraph 2 of Article 7.4 and paragraph two of paragraph 1 of Article 7.5 of the Federal Law;

C) determining whether an individual being served or accepted for service belongs to the number of foreign public officials, officials of public international organizations, as well as persons holding (holding) government positions in the Russian Federation, positions of members of the Board of Directors of the Central Bank of the Russian Federation, federal civil service positions, appointment and dismissal from which are carried out by the President of the Russian Federation or the Government of the Russian Federation, or positions in the Central Bank of the Russian Federation, state corporations and other organizations created by the Russian Federation on the basis of federal laws, included in the lists of positions determined by the President Russian Federation;

D) identification of legal entities and individuals who respectively have registration, residence or location in a state (territory) that does not comply with the recommendations of the Financial Action Task Force (FATF), or who use accounts in a bank registered in the specified state (in the specified territory);

E) assessing and assigning to the client the degree (level) of risk of the client performing transactions related to the legalization (laundering) of proceeds from crime and the financing of terrorism (hereinafter referred to as the risk), in accordance with the risk assessment program;

E) updating information obtained as a result of identification of clients, representatives of clients, beneficiaries and beneficial owners.

9. The identification program may additionally provide for the establishment and recording of the following data received by an organization and an individual entrepreneur in accordance with paragraph 5(4) of Article 7 of the Federal Law:

A) date of state registration of the legal entity;

B) postal address of the legal entity;

C) the composition of the founders (participants) of the legal entity;

D) composition and structure of management bodies of a legal entity;

D) the size of the authorized (share) capital or the size of the authorized fund (share contributions).

10. When identifying a legal entity (subject to its consent), it may be possible to establish and record codes for federal state statistical observation forms.

11. The identification program in order to implement the requirements established by Article 7.3 of the Federal Law provides for:

The procedure for identifying among individuals who are being served or accepted for service, foreign public officials, their spouses and close relatives, officials of public international organizations, as well as persons holding (holding) government positions in the Russian Federation, positions of members of the Board of Directors of the Central Bank of the Russian Federation, positions of the federal public service, appointment to and dismissal from which are carried out by the President of the Russian Federation or the Government of the Russian Federation, or positions in the Central Bank of the Russian Federation, state corporations and other organizations created by the Russian Federation on the basis of federal laws, included in the lists of positions , determined by the President of the Russian Federation;

The procedure for accepting foreign public officials for service, as well as measures to determine the sources of origin of funds or other property of foreign public officials;

The procedure for accepting services, as well as reasonable and accessible measures in the current circumstances to determine the sources of origin of funds or other property of a public official international organization or the person replacing (occupying) public office of the Russian Federation, the position of a member of the Board of Directors of the Central Bank of the Russian Federation, a position in the federal public service, the appointment and dismissal of which is carried out by the President of the Russian Federation or the Government of the Russian Federation, or a position in the Central Bank of the Russian Federation, a state corporation or other organization created by the Russian Federation on the basis of federal law, included in the corresponding list of positions determined by the President of the Russian Federation, in cases specified in paragraph 3 of Article 7.3 of the Federal Law.

12. The identification program determines the methods and forms of recording information (information) received by an organization and an individual entrepreneur as a result of identifying clients, client representatives, beneficiaries and beneficial owners, carrying out the activities provided for in paragraph 8 of this document, as well as the procedure for updating this information.

12(1). The client research program involves carrying out activities aimed at obtaining information about the client specified in subclause 1.1 of clause 1 of Article 7 of the Federal Law.

Moreover, under the definition business reputation of the client provided for in this subclause is understood to be his assessment based on publicly available information.

13. The risk assessment program defines procedures for assessing and assigning a degree (level) of risk to a client, taking into account the requirements for its identification:

A) before accepting the client for service;

B) in the course of servicing the client (as operations (transactions) are completed);

C) in other cases provided for by the internal control rules.

14. The risk assessment program provides for conducting a risk assessment of clients based on information obtained as a result of the implementation of the client research program, as well as signs of transactions, types and conditions of activity that have an increased risk of clients carrying out transactions for the purpose of legalizing (laundering) proceeds from crime, and terrorist financing, taking into account the recommendations of the Financial Action Task Force (FATF).

15. The risk assessment program provides for the procedure and frequency of monitoring the client’s operations (transactions) in order to assess the degree (level) of risk and subsequent control over its changes.

16. The transaction identification program provides procedures for identifying:

A) operations (transactions) subject to mandatory control in accordance with Article 6

B) operations (transactions) subject to documentary recording in accordance with paragraph 2 of Article 7 of the Federal Law on the grounds specified therein;

C) unusual operations (transactions), including those that fall under the identification criteria and signs of unusual transactions, the implementation of which may be aimed at legalizing (laundering) proceeds from crime or financing terrorism.

17. The program for identifying operations in order to identify operations (transactions) provided for in paragraph 16 of this document (hereinafter referred to as operations subject to control), provides for continuous monitoring of operations (transactions) of clients.

18. The program for identifying transactions in order to identify unusual transactions, the implementation of which may be aimed at legalizing (laundering) proceeds from crime or financing of terrorism, provides for increased attention (monitoring) to transactions (transactions) of clients classified as high-risk .

19. The program for identifying transactions in order to identify operations (transactions), the implementation of which may be aimed at legalizing (laundering) proceeds from crime or financing terrorism, includes criteria for identifying unusual transactions and their signs.

19(1). The transaction identification program includes a list of criteria and signs indicating the unusual nature of the transaction, established by the Federal Service for Financial Monitoring, to identify transactions in respect of which there are suspicions that they are carried out for the purpose of legalization (laundering) of proceeds from crime or financing terrorism, based on the nature, scale and main activities of the organization, individual entrepreneur and their clients. An organization and (or) an individual entrepreneur has the right to submit proposals to supplement the list of criteria and signs indicating the unusual nature of the transaction. The decision to recognize a client’s transaction as suspicious is made by the organization and (or) individual entrepreneur based on information about financial and economic activities, financial situation and business reputation of the client, characterizing his status, the status of his representative and (or) beneficiary, as well as the beneficial owner.

20. The program for identifying transactions provides for the procedure for informing an employee of an organization, an individual entrepreneur (employee of an individual entrepreneur) who has identified an operation (transaction) subject to control, a special official (except for cases where the individual entrepreneur independently performs the functions of a special official) for the latter to make a decision on further actions in relation to the operation (transaction) in accordance with the Federal Law, this document and the internal control rules.

21. The transaction identification program provides for, when identifying signs of an unusual operation (transaction) of a client, an analysis of other operations (transactions) of the client, as well as information available to the organization, individual entrepreneur about the client, the client’s representative and the beneficiary (if any), the beneficial owner in in order to confirm the validity of suspicions of carrying out an operation (transaction) or a series of operations (transactions) for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism.

22. The program for identifying transactions involves studying the grounds and purposes of all identified unusual transactions (transactions), as well as recording the results obtained in writing.

23. The transaction identification program provides for the procedure and cases of taking the following additional measures to study the identified unusual operation (transaction):

A) obtaining from the client the necessary explanations and (or) additional information explaining the economic meaning of the unusual operation (transaction);

B) ensuring increased attention (monitoring) in accordance with this document to all operations (transactions) of this client in order to obtain confirmation that their implementation may be aimed at legalizing (laundering) proceeds from crime or financing terrorism.

24. The transaction identification program provides for the decision by the head of the organization, an individual entrepreneur or a person authorized by them to:

A) on recognizing the client’s operation (transaction) as subject to mandatory control in accordance with Article 6 and paragraph 1 of Article 7.5 of the Federal Law;

B) on recognizing the identified unusual operation (transaction) as a suspicious operation (transaction), the implementation of which may be aimed at legalizing (laundering) proceeds from crime or financing terrorism;

C) the need to take additional measures to study the client’s unusual operation (transaction);

D) on the submission of information on the operations provided for in subparagraphs “a” and “b” of this paragraph to the Federal Service for Financial Monitoring.

25. The program for documenting information provides for the procedure for obtaining and securing information (information) on paper and (or) other media for the purpose of implementing the Federal Law and other regulatory legal acts in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism , as well as internal control rules.

26. The program for documenting information provides for documenting information:

A) about an operation (transaction) subject to mandatory control in accordance with Article 6 and paragraph 1 of Article 7.5 of the Federal Law;

B) about an operation (transaction) that has at least one of the criteria and (or) signs indicating the unusual nature of the operation (transaction);

C) about an operation (transaction) in relation to which there are suspicions that it is being carried out for the purpose of legalizing (laundering) proceeds from crime or financing terrorism;

D) about the operation (transaction) obtained during the implementation of the client research program.

27. The program for documenting information provides for the drawing up by an employee of an organization, an individual entrepreneur (employee of an individual entrepreneur), who has identified an operation (transaction) subject to control, of an internal message - a document containing the following information about such an operation (transaction) (hereinafter referred to as the internal message):

A) category of operation (transaction) (subject to mandatory control or unusual operation), criteria (signs) or other circumstances (reasons) by which the operation (transaction) can be classified as operations subject to mandatory control or unusual operations (transactions) ;

C) information about the person, foreign structure without forming a legal entity, conducting the operation (transaction);

D) information about the employee who compiled the internal message about the operation (transaction), and his signature;

E) date of preparation of the internal message about the operation (transaction);

E) a record (mark) of the decision of a special official made in relation to an internal message about an operation (transaction), and its reasoned justification;

G) a record (mark) of the decision of the head of the organization, an individual entrepreneur or a person authorized by them, taken in relation to an internal message in accordance with paragraph 24 of this document, and its reasoned justification;

H) a record (notation) of additional measures (other actions) taken in relation to the client in connection with the identification of an unusual operation (transaction) or its signs.

28. Form of internal message, procedure, timing and method of its transmission to a special official or responsible employee structural unit, performing functions to combat the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction, are determined by the organization and the individual entrepreneur independently and are reflected in the program for documenting information.

28(1). The program regulating the procedure in case of refusal to execute a client’s order to perform a transaction includes:

A) a list of grounds for such a refusal, established by the organization and the individual entrepreneur, taking into account the requirements of paragraph 11 of Article 7 of the Federal Law;

B) the procedure for making a decision on refusal to execute a client’s order to carry out a transaction, as well as documenting information about cases of refusal to carry out a client’s order to carry out a transaction;

C) the procedure for further actions in relation to the client in the event of refusal to execute the client’s order to perform a transaction;

D) the procedure for submitting information to the Federal Service for Financial Monitoring on cases of refusal to execute a client’s order to complete a transaction.

29. The program to suspend operations includes:

A) the procedure for identifying individuals or legal entities specified in paragraph two of paragraph 10 of Article 7 of the Federal Law, or individuals carrying out transactions with funds or other property in accordance with subparagraph 3 of paragraph 2.4 of Article 6 of the Federal Law, or individuals or legal entities specified in paragraph one of paragraph 8 of Article 7.5 Federal Law;

B) the procedure for actions aimed at suspending transactions with funds or other property in accordance with paragraph 10 of Article 7 and paragraph 8 of Article 7.5 of the Federal Law;

C) the procedure for actions related to the suspension of transactions with funds or other property in the event of receiving a court decision made on the basis of part four of Article 8 of the Federal Law;

D) the procedure for submitting information on suspended transactions with funds or other property to the Federal Service for Financial Monitoring;

E) the procedure for actions aimed at implementing the requirements established by paragraph five of paragraph 10 of Article 7 and paragraph three of paragraph 8 of Article 7.5 of the Federal Law, and related to the implementation of a transaction or further suspension of a transaction with funds or other property in the event of receiving a resolution from the Federal Financial Service monitoring, issued on the basis of part three of Article 8 of Article 7.4 of the Federal Law by the interdepartmental coordinating body performing functions to combat the financing of terrorism, a decision was made to freeze (block) funds or other property;

A(1)) the procedure for obtaining information from the Federal Financial Monitoring Service about organizations and individuals included in accordance with Article 7.5 of the Federal Law in the list of organizations and individuals in respect of which there is information about their involvement in the proliferation of weapons of mass destruction;

B) the procedure for making a decision on the application of measures to freeze (block) funds or other property;

C) the procedure and frequency of activities to verify the presence or absence of organizations and individuals among their clients in respect of which measures to freeze (block) funds or other property have been applied or should be applied;

D) informing the Federal Service for Financial Monitoring about measures taken on the freezing (blocking) of funds or other property and the results of checks on the presence or absence of organizations and individuals among its clients in respect of which measures to freeze (block) funds or other property have been applied or should be applied;

D) the procedure for interaction with organizations and individuals in respect of whom measures to freeze (block) funds or other property have been applied or should be applied, including the procedure for informing them about the measures taken to freeze (block) funds or other property;

E) the procedure for fulfilling the requirements established by paragraph 4 of Article 7.4 of the Federal Law, when making an appropriate decision by the interdepartmental coordinating body that carries out the functions of combating the financing of terrorism;

G) the procedure for making a decision aimed at fulfilling the requirements of paragraphs two and three of paragraph 2.4 of Article 6 of the Federal Law;

H) the procedure for making a decision aimed at fulfilling the requirements of the second paragraph of paragraph 2.5 of Article 6, the fourth paragraph of paragraph 4 and the second paragraph of paragraph 7 of Article 7.5 of the Federal Law.

30. The program for training and education of personnel in the field of combating the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction is being developed in accordance with the legislation of the Russian Federation.

31. The program for verifying the implementation of internal control ensures monitoring of compliance by the organization (employees of the organization) and the individual entrepreneur (employees of the individual entrepreneur) with the legislation of the Russian Federation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism, internal control rules and other organizational - administrative documents of the organization, individual entrepreneur, adopted for the purpose of organizing and implementing internal control.

32. The program for verifying the implementation of internal control provides for:

A) conducting on a regular basis, but at least once every six months, internal audits of compliance in the organization and individual entrepreneur with internal control rules, requirements of the Federal Law and other regulatory legal acts;

B) submission to the head of the organization, individual entrepreneur, based on the results of inspections, of written reports containing information about all identified violations of the legislation of the Russian Federation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism, internal control rules and other organizational and administrative documents of the organization, individual entrepreneurs, adopted for the purpose of organizing and implementing internal control;

Article 7 of the Federal Law and this document;

D) documents on transactions for which internal messages were compiled;

D) internal messages;

E) the results of studying the grounds and purposes of identified unusual operations (transactions);

G) documents related to the client’s activities (to the extent determined by the organization, individual entrepreneur), including business correspondence and other documents at the discretion of the organization, individual entrepreneur;

H) other documents obtained as a result of applying internal control rules.

34. The information storage program provides for the storage of information and documents in such a way that they can be timely available to the Federal Service for Financial Monitoring, as well as other government bodies in accordance with their competence in cases established by the legislation of the Russian Federation, and taking into account the possibility of their use as evidence in criminal, civil and arbitration proceedings.

35. The internal control rules provide for ensuring the confidentiality of information obtained as a result of the application of the internal control rules, as well as measures taken by the organization and individual entrepreneur in implementing such rules in accordance with the legislation of the Russian Federation.


GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION
from 30.06.12 N 667

ABOUT APPROVAL OF REQUIREMENTS


FUNDS OR OTHER PROPERTY (EXCEPT CREDIT
ORGANIZATIONS), AND INDIVIDUAL ENTREPRENEURS,
AND ABOUT RECOGNIZING SOME LOSS OF VACITY
ACTS OF THE GOVERNMENT OF THE RUSSIAN FEDERATION



In accordance with the Federal Law “On Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism,” the Government of the Russian Federation decides:

1. Approve the attached requirements for internal control rules developed by organizations carrying out transactions with funds or other property, and individual entrepreneurs.
(as amended by Resolutions of the Government of the Russian Federation dated June 21, 2014 N 577, dated April 10, 2015 N 342, dated September 17, 2016 N 933)

2. Establish that the internal control rules in force before the entry into force of this resolution are subject to being brought by organizations carrying out transactions with funds or other property (with the exception of credit institutions) into compliance with the requirements approved by this resolution within one month.

3. To recognize as invalid:

Decree of the Government of the Russian Federation of January 8, 2003 No. 6 “On the procedure for approving the rules of internal control in organizations carrying out transactions with funds or other property” (Collected Legislation of the Russian Federation, 2003, No. 2, Art. 188);

paragraph 4 of the changes that are being made to the acts of the Government of the Russian Federation on issues of combating the legalization (laundering) of proceeds from crime and the financing of terrorism, approved by Decree of the Government of the Russian Federation of October 24, 2005 N 638 (Collected Legislation of the Russian Federation, 2005, N 44, Art. 4562);

Order of the Government of the Russian Federation of June 10, 2010 N 967-r (Collected Legislation of the Russian Federation, 2010, N 26, Art. 3377).

Chairman of the Government
Russian Federation
D.MEDVEDEV

Approved
Government resolution
Russian Federation
dated June 30, 2012 N 667

REQUIREMENTS
TO THE INTERNAL CONTROL RULES DEVELOPED
ORGANIZATIONS CARRYING OUT OPERATIONS WITH MONEY
FUNDS OR OTHER PROPERTY (EXCEPT
CREDIT INSTITUTIONS), AND INDIVIDUAL
ENTREPRENEURS

(as amended by Resolutions of the Government of the Russian Federation dated June 21, 2014 N 577,
dated 04/10/2015 N 342, dated 09/17/2016 N 933, dated 09/11/2018 N 1081)


1. This document defines the requirements for the development of organizations carrying out transactions with funds or other property (hereinafter referred to as organizations), as well as individual entrepreneurs purchasing, buying and selling precious metals and precious stones, jewelry made from them and scrap of such products, and individual entrepreneurs providing intermediary services in transactions for the purchase and sale of real estate (hereinafter referred to as individual entrepreneurs), rules of internal control carried out in order to combat the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction (hereinafter referred to as internal control rules).

This document does not apply to credit organizations, professional participants in the securities market, insurance organizations specified in paragraph four of part one of Article 5 of the Federal Law “On Combating Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism” (hereinafter referred to as the Federal Law ), insurance brokers, management companies of investment funds, mutual investment funds and non-state pension funds, consumer credit cooperatives, including agricultural credit consumer cooperatives, microfinance organizations, mutual insurance societies, non-state pension funds and pawnshops.

(clause 1 as amended by Decree of the Government of the Russian Federation dated April 10, 2015 N 342)

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

Internal control rules must be brought by the organization and individual entrepreneur into compliance with the requirements of regulatory legal acts on combating the legalization (laundering) of proceeds from crime and the financing of terrorism no later than a month after the date of entry into force of these regulatory legal acts, unless otherwise established by such regulatory legal acts.

(clause 1(1) introduced by Decree of the Government of the Russian Federation dated September 17, 2016 N 933)

2. Internal control rules are developed in accordance with the legislation of the Russian Federation.

3. The internal control rules are a document that is issued on paper and which:

a) regulates the organizational basis of work aimed at combating the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction in the organization;
(as amended by Decree of the Government of the Russian Federation dated September 11, 2018 N 1081)

b) establishes the duties and procedures of the head of the organization, individual entrepreneur and employees of the organization, individual entrepreneur for the purpose of implementing internal control;
(as amended by Decree of the Government of the Russian Federation dated September 17, 2016 N 933)

c) determines the deadlines for fulfilling duties in order to implement internal control, as well as the persons responsible for their implementation.

4. The internal control rules include the following internal control programs:

a) a program defining the organizational basis for the implementation of internal control (hereinafter referred to as the program for organizing internal control);

b) identification program for clients, client representatives and (or) beneficiaries, as well as beneficial owners (hereinafter referred to as the identification program);

c) a program for assessing the degree (level) of risk of a client performing transactions related to the legalization (laundering) of proceeds from crime and the financing of terrorism (hereinafter referred to as the risk assessment program);

d) a program for identifying operations (transactions) subject to mandatory control and operations (transactions) that have signs of connection with the legalization (laundering) of proceeds from crime or the financing of terrorism (hereinafter referred to as the program for identifying operations);

e) program for documenting information;

f) a program regulating the procedure for suspending operations in accordance with the Federal Law (hereinafter referred to as the program for suspending operations);

g) a program for training and education of personnel in the field of combating the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction;

h) program for checking the implementation of internal control;

i) a program for storing information and documents obtained as a result of implementing internal control programs for the purpose of combating the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction (hereinafter referred to as the information storage program);
(as amended by Decree of the Government of the Russian Federation dated September 11, 2018 N 1081)

j) a client study program for admission and maintenance (hereinafter referred to as the client study program);
(paragraph “k” was introduced by Decree of the Government of the Russian Federation of June 21, 2014 N 577)

k) a program regulating the procedure in case of refusal to execute a client’s order to perform a transaction;
(clause "l" introduced by Decree of the Government of the Russian Federation dated June 21, 2014 N 577)

l) a program regulating the procedure for applying measures to freeze (block) funds or other property.
(paragraph "m" as amended by Decree of the Government of the Russian Federation dated September 17, 2016 N 933)

5. The internal control rules establish the powers, as well as the responsibilities assigned to the special official responsible for the implementation of the internal control rules (hereinafter referred to as the special official).

6. The internal control rules are approved by the head of the organization, an individual entrepreneur.
(clause 6 as amended by Decree of the Government of the Russian Federation dated April 10, 2015 N 342)

7. The program for organizing internal control is developed taking into account the following conditions:

a) a special official is appointed in an organization and an individual entrepreneur in accordance with paragraph 2 of Article 7 of the Federal Law;
(as amended by Resolutions of the Government of the Russian Federation dated April 10, 2015 N 342, dated September 17, 2016 N 933)

b) in an organization (taking into account the specifics of its structure, staffing levels, client base and the degree (level) of risks associated with the organization’s clients and their operations), a structural unit may be formed or designated to perform anti-money laundering functions criminal activities, financing of terrorism and financing the proliferation of weapons of mass destruction;
(as amended by Decree of the Government of the Russian Federation dated September 11, 2018 N 1081)

c) the program contains a description of the internal control system in the organization and its branch (branches) (if any) and in the individual entrepreneur, as well as the procedure for interaction between the structural divisions of the organization (employees of the individual entrepreneur) on the implementation of internal control rules.

8. The identification program includes the following procedures for implementing measures to identify the client, the client’s representative and (or) the beneficiary, as well as the beneficial owner:
(as amended by Decree of the Government of the Russian Federation dated June 21, 2014 N 577)

a) establishing in relation to the client, the client’s representative and (or) the beneficiary the information specified in Article 7 of the Federal Law, and verifying the accuracy of this information before accepting the client for service;
(clause “a” as amended by Decree of the Government of the Russian Federation dated September 17, 2016 N 933)

a(1)) taking reasonable and accessible measures in the current circumstances to identify and identify beneficial owners, including measures to establish information regarding these owners provided for in subparagraph 1 of paragraph 1 of Article 7 of the Federal Law, and verify the accuracy of the information received;
(clause “a(1)” as amended by Decree of the Government of the Russian Federation dated September 17, 2016 N 933)

b) checking the presence or absence in relation to the client, the client’s representative and (or) beneficiary, as well as the beneficial owner of information about their involvement in extremist activities or terrorism, the proliferation of weapons of mass destruction, received in accordance with paragraph 2 of Article 6, paragraph 2 of Article 7.4 and paragraph two of paragraph 1 of Article 7.5 of the Federal Law;
(paragraph "b" as amended by Decree of the Government of the Russian Federation dated September 11, 2018 N 1081)

c) determining whether an individual being served or accepted for service belongs to the number of foreign public officials, officials of public international organizations, as well as persons holding (holding) government positions in the Russian Federation, positions of members of the Board of Directors of the Central Bank of the Russian Federation, federal civil service positions, appointment and dismissal from which are carried out by the President of the Russian Federation or the Government of the Russian Federation, or positions in the Central Bank of the Russian Federation, state corporations and other organizations created by the Russian Federation on the basis of federal laws, included in the lists of positions determined by the President Russian Federation;
(clause “c” as amended by Decree of the Government of the Russian Federation dated June 21, 2014 N 577)

d) identification of legal entities and individuals who respectively have registration, residence or location in a state (territory) that does not comply with the recommendations of the Financial Action Task Force (FATF), or who use accounts in a bank registered in the specified state (in the specified territory);

e) assessing and assigning to the client the degree (level) of risk of the client performing transactions related to the legalization (laundering) of proceeds from crime and the financing of terrorism (hereinafter referred to as the risk), in accordance with the risk assessment program;

f) updating information obtained as a result of identification of clients, representatives of clients, beneficiaries and beneficial owners.

9. The identification program may additionally provide for the establishment and recording of the following data received by an organization and an individual entrepreneur in accordance with paragraph 5(4) of Article 7 of the Federal Law:

a) date of state registration of the legal entity;

b) postal address of the legal entity;

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

d) composition and structure of management bodies of a legal entity;

e) the size of the authorized (share) capital or the size of the authorized fund (share contributions).
(as amended by Decree of the Government of the Russian Federation dated September 17, 2016 N 933)

10. When identifying a legal entity (subject to its consent), it may be possible to establish and record codes for federal state statistical observation forms.

11. The identification program in order to implement the requirements established by Article 7.3 of the Federal Law provides for:

the procedure for identifying among individuals being served or accepted for service foreign public officials, their spouses and close relatives, officials of public international organizations, as well as persons holding (holding) government positions in the Russian Federation, positions of members of the Board of Directors of the Central Bank of the Russian Federation, positions of the federal public service, appointment to and dismissal from which are carried out by the President of the Russian Federation or the Government of the Russian Federation, or positions in the Central Bank of the Russian Federation, state corporations and other organizations created by the Russian Federation on the basis of federal laws, included in the lists of positions , determined by the President of the Russian Federation;
(as amended by Resolutions of the Government of the Russian Federation dated June 21, 2014 N 577, dated September 17, 2016 N 933)

the procedure for accepting foreign public officials for service, as well as measures to determine the sources of origin of funds or other property of foreign public officials;

the procedure for accepting service, as well as reasonable and accessible measures in the current circumstances to determine the sources of origin of funds or other property of an official of a public international organization or a person holding (holding) a public office of the Russian Federation, the position of a member of the Board of Directors of the Central Bank of the Russian Federation, the position federal public service, appointment to and dismissal from which is carried out by the President of the Russian Federation or the Government of the Russian Federation, or a position in the Central Bank of the Russian Federation, a state corporation or other organization created by the Russian Federation on the basis of federal law, included in the corresponding list of positions determined by the President Russian Federation, in cases specified in paragraph 3 of Article 7.3 of the Federal Law.
(paragraph introduced by Decree of the Government of the Russian Federation dated June 21, 2014 N 577; as amended by Decree of the Government of the Russian Federation dated September 17, 2016 N 933)

12. The identification program determines the methods and forms of recording information (information) received by an organization and an individual entrepreneur as a result of identifying clients, client representatives, beneficiaries and beneficial owners, carrying out the activities provided for in paragraph 8 of this document, as well as the procedure for updating this information.

12(1). The client research program involves carrying out activities aimed at obtaining information about the client specified in subclause 1.1 of clause 1 of Article 7 of the Federal Law.

At the same time, the definition of the client’s business reputation provided for in this subclause means its assessment based on publicly available information.

(clause 12(1) introduced by Decree of the Government of the Russian Federation dated June 21, 2014 N 577)

13. The risk assessment program defines procedures for assessing and assigning a degree (level) of risk to a client, taking into account the requirements for its identification:

a) before accepting the client for service;
(clause “a” as amended by Decree of the Government of the Russian Federation dated June 21, 2014 N 577)

b) in the course of servicing the client (as operations (transactions) are performed);

c) in other cases provided for by the internal control rules.
(clause “c” as amended by Decree of the Government of the Russian Federation dated April 10, 2015 N 342)

14. The risk assessment program provides for conducting a risk assessment of clients based on information obtained as a result of the implementation of the client research program, as well as signs of transactions, types and conditions of activity that have an increased risk of clients carrying out transactions for the purpose of legalizing (laundering) proceeds from crime, and terrorist financing, taking into account the recommendations of the Financial Action Task Force (FATF).
(as amended by Decree of the Government of the Russian Federation dated September 17, 2016 N 933)

15. The risk assessment program provides for the procedure and frequency of monitoring the client’s operations (transactions) in order to assess the degree (level) of risk and subsequent control over its changes.

16. The transaction identification program provides procedures for identifying:

a) operations (transactions) subject to mandatory control in accordance with Article 6 and paragraph 1 of Article 7.5 of the Federal Law;
(as amended by Decree of the Government of the Russian Federation dated September 11, 2018 N 1081)

b) operations (transactions) subject to documentary recording in accordance with paragraph 2 of Article 7 of the Federal Law on the grounds specified therein;

c) unusual operations (transactions), including those that fall under the identification criteria and signs of unusual transactions, the implementation of which may be aimed at legalizing (laundering) proceeds from crime or financing terrorism.

17. The program for identifying operations in order to identify operations (transactions) provided for in paragraph 16 of this document (hereinafter referred to as operations subject to control), provides for continuous monitoring of operations (transactions) of clients.

18. The program for identifying transactions in order to identify unusual transactions, the implementation of which may be aimed at legalizing (laundering) proceeds from crime or financing of terrorism, provides for increased attention (monitoring) to transactions (transactions) of clients classified as high-risk .

19. The program for identifying transactions in order to identify operations (transactions), the implementation of which may be aimed at legalizing (laundering) proceeds from crime or financing terrorism, includes criteria for identifying unusual transactions and their signs.

19(1). The transaction identification program includes a list of criteria and signs indicating the unusual nature of the transaction, established by the Federal Service for Financial Monitoring, to identify transactions in respect of which there are suspicions that they are carried out for the purpose of legalization (laundering) of proceeds from crime or financing terrorism, based on the nature, scale and main activities of the organization, individual entrepreneur and their clients. An organization and (or) an individual entrepreneur has the right to submit proposals to supplement the list of criteria and signs indicating the unusual nature of the transaction. The decision to recognize a client’s transaction as suspicious is made by an organization and (or) an individual entrepreneur based on information about the client’s financial and economic activities, financial position and business reputation, characterizing his status, the status of his representative and (or) beneficiary, as well as the beneficial owner.
(clause 19(1) introduced by Decree of the Government of the Russian Federation dated June 21, 2014 N 577)

20. The program for identifying transactions provides for the procedure for informing an employee of an organization, an individual entrepreneur (employee of an individual entrepreneur) who has identified an operation (transaction) subject to control, a special official (except for cases where the individual entrepreneur independently performs the functions of a special official) for the latter to make a decision on further actions in relation to the operation (transaction) in accordance with the Federal Law, this document and the internal control rules.
(clause 20 as amended by Decree of the Government of the Russian Federation dated April 10, 2015 N 342)

21. The transaction identification program provides for, when identifying signs of an unusual operation (transaction) of a client, an analysis of other operations (transactions) of the client, as well as information available to the organization, individual entrepreneur about the client, the client’s representative and the beneficiary (if any), the beneficial owner in in order to confirm the validity of suspicions of carrying out an operation (transaction) or a series of operations (transactions) for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism.
(as amended by Resolutions of the Government of the Russian Federation dated June 21, 2014 N 577, dated April 10, 2015 N 342)

22. The program for identifying transactions involves studying the grounds and purposes of all identified unusual transactions (transactions), as well as recording the results obtained in writing.
(as amended by Decree of the Government of the Russian Federation dated April 10, 2015 N 342)

23. The transaction identification program provides for the procedure and cases of taking the following additional measures to study the identified unusual operation (transaction):
(as amended by Decree of the Government of the Russian Federation dated April 10, 2015 N 342)

a) obtaining from the client the necessary explanations and (or) additional information explaining the economic meaning of the unusual operation (transaction);

b) ensuring increased attention (monitoring) in accordance with this document to all operations (transactions) of this client in order to obtain confirmation that their implementation may be aimed at legalizing (laundering) proceeds from crime or financing terrorism.

24. The transaction identification program provides for the decision by the head of the organization, an individual entrepreneur or a person authorized by them to:
(as amended by Decree of the Government of the Russian Federation dated April 10, 2015 N 342)

a) on recognizing the client’s operation (transaction) as subject to mandatory control in accordance with Article 6 and paragraph 1 of Article 7.5 of the Federal Law;
(as amended by Decree of the Government of the Russian Federation dated September 11, 2018 N 1081)

b) on recognizing the identified unusual operation (transaction) as a suspicious operation (transaction), the implementation of which may be aimed at legalizing (laundering) proceeds from crime or financing terrorism;

c) the need to take additional measures to study the client’s unusual operation (transaction);

d) on the submission of information on transactions provided for in subparagraphs “a” and “b” of this paragraph to the Federal Service for Financial Monitoring.

25. The program for documenting information provides for the procedure for obtaining and securing information (information) on paper and (or) other media for the purpose of implementing the Federal Law and other regulatory legal acts in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism , as well as internal control rules.
(as amended by Decree of the Government of the Russian Federation dated April 10, 2015 N 342)

26. The program for documenting information provides for documenting information:

a) about an operation (transaction) subject to mandatory control in accordance with Article 6 and paragraph 1 of Article 7.5 of the Federal Law;
(as amended by Decree of the Government of the Russian Federation dated September 11, 2018 N 1081)

b) about an operation (transaction) that has at least one of the criteria and (or) signs indicating the unusual nature of the operation (transaction);

c) about an operation (transaction) in relation to which there are suspicions that it is being carried out for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism;

d) about the operation (transaction) obtained during the implementation of the client research program.

(clause 26 as amended by Decree of the Government of the Russian Federation dated June 21, 2014 N 577)

27. The program for documenting information provides for the drawing up by an employee of an organization, an individual entrepreneur (employee of an individual entrepreneur), who has identified an operation (transaction) subject to control, of an internal message - a document containing the following information about such an operation (transaction) (hereinafter referred to as the internal message):
(as amended by Decree of the Government of the Russian Federation dated April 10, 2015 N 342)

a) the category of the operation (transaction) (subject to mandatory control or an unusual transaction), criteria (signs) or other circumstances (reasons) by which the operation (transaction) can be classified as an operation subject to mandatory control or an unusual operation (transaction) ;

c) information about the person, foreign structure without forming a legal entity, conducting the operation (transaction);
(clause “c” as amended by Decree of the Government of the Russian Federation dated September 17, 2016 N 933)

d) information about the employee who compiled the internal message about the operation (transaction), and his signature;

e) date of preparation of the internal message about the operation (transaction);

f) a record (mark) of the decision of a special official made in relation to an internal message about an operation (transaction), and its reasoned justification;

g) a record (mark) of the decision of the head of the organization, an individual entrepreneur or a person authorized by them, taken in relation to an internal message in accordance with paragraph 24 of this document, and its reasoned justification;

h) a record (notation) of additional measures (other actions) taken in relation to the client in connection with the identification of an unusual operation (transaction) or its signs.
(as amended by Decree of the Government of the Russian Federation dated April 10, 2015 N 342)

28. The form of the internal message, the procedure, timing and method of its transmission to a special official or a responsible employee of a structural unit performing the functions of combating the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction are determined by the organization and the individual entrepreneur independently and are reflected in the program for documenting information.
(as amended by Resolutions of the Government of the Russian Federation dated 04/10/2015 N 342, dated 09/17/2016 N 933, dated 09/11/2018 N 1081)

28(1). The program regulating the procedure in case of refusal to execute a client’s order to perform a transaction includes:

a) a list of grounds for such a refusal, established by the organization and the individual entrepreneur, taking into account the requirements of paragraph 11 of Article 7 of the Federal Law;

b) the procedure for making a decision on refusal to execute a client’s order to carry out a transaction, as well as documenting information about cases of refusal to carry out a client’s order to carry out a transaction;

c) the procedure for further actions in relation to the client in the event of refusal to execute the client’s order to perform a transaction;

d) the procedure for submitting information to the Federal Service for Financial Monitoring about cases of refusal to execute a client’s order to complete a transaction.

(clause 28(1) as amended by Decree of the Government of the Russian Federation dated September 17, 2016 N 933)

29. The program to suspend operations includes:

a) the procedure for identifying among the participants in a transaction with cash or other property individuals or legal entities specified in paragraph two of clause 10 of Article 7 of the Federal Law, or individuals carrying out a transaction with cash or other property in accordance with subclause 3 of clause 2.4 of Article 6 Federal Law, or individuals or legal entities specified in paragraph one of clause 8 of Article 7.5 of the Federal Law;
(as amended by Decree of the Government of the Russian Federation dated September 11, 2018 N 1081)

b) the procedure for actions aimed at suspending transactions with funds or other property in accordance with paragraph 10 of Article 7 and paragraph 8 of Article 7.5 of the Federal Law;
(as amended by Decree of the Government of the Russian Federation dated September 11, 2018 N 1081)

c) the procedure for actions related to the suspension of transactions with funds or other property in the event of receiving a court decision made on the basis of part four of Article 8 of the Federal Law;

d) the procedure for submitting information on suspended transactions with funds or other property to the Federal Service for Financial Monitoring;

e) the procedure for actions aimed at implementing the requirements established by paragraph five of paragraph 10 of Article 7 and paragraph three of paragraph 8 of Article 7.5 of the Federal Law, and related to the implementation of a transaction or further suspension of a transaction with funds or other property in the event of receiving a resolution from the Federal Financial Service monitoring issued on the basis of part three of Article 8 of the Federal Law;
(as amended by Decree of the Government of the Russian Federation dated September 11, 2018 N 1081)

f) the procedure for informing the client about the impossibility of completing a transaction with funds or other property at his order in connection with the suspension of the specified operation.

(clause 29 as amended by Decree of the Government of the Russian Federation dated September 17, 2016 N 933)

29(1). The program regulating the procedure for applying measures to freeze (block) funds or other property provides for:

a) the procedure for obtaining information from the Federal Service for Financial Monitoring about organizations and individuals included in accordance with Article 6 of the Federal Law in the list of organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism or in respect of which in in accordance with Article 7.4 of the Federal Law, the interdepartmental coordinating body performing functions to combat the financing of terrorism made a decision to freeze (block) funds or other property;

a(1)) the procedure for obtaining information from the Federal Financial Monitoring Service about organizations and individuals included in accordance with Article 7.5 of the Federal Law in the list of organizations and individuals in respect of which there is information about their involvement in the proliferation of weapons of mass destruction;
(clause a(1) introduced by Decree of the Government of the Russian Federation dated September 11, 2018 N 1081)

b) the procedure for making a decision on the application of measures to freeze (block) funds or other property;

c) the procedure and frequency of activities to verify the presence or absence of organizations and individuals among its clients in respect of which measures to freeze (block) funds or other property have been applied or should be applied;

d) informing the Federal Service for Financial Monitoring about the measures taken to freeze (block) funds or other property and the results of checks on the presence or absence of organizations and individuals among its clients in respect of which measures to freeze (block) funds have been applied or should be applied or other property;

e) the procedure for interaction with organizations and individuals in respect of whom measures to freeze (block) funds or other property have been applied or should be applied, including the procedure for informing them about the measures taken to freeze (block) funds or other property;

f) the procedure for fulfilling the requirements established by paragraph 4 of Article 7.4 of the Federal Law, when making an appropriate decision by the interdepartmental coordinating body that carries out the functions of combating the financing of terrorism;

g) the procedure for making a decision aimed at fulfilling the requirements of paragraphs two and three of clause 2.4 of article 6 of the Federal Law;

h) the procedure for making a decision aimed at fulfilling the requirements of the second paragraph of paragraph 2.5 of Article 6, the fourth paragraph of paragraph 4 and the second paragraph of paragraph 7 of Article 7.5 of the Federal Law.
(clause “z” was introduced by Decree of the Government of the Russian Federation of September 11, 2018 N 1081)

(clause 29(1) as amended by Decree of the Government of the Russian Federation dated September 17, 2016 N 933)

30. The program for training and education of personnel in the field of combating the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction is being developed in accordance with the legislation of the Russian Federation.
(as amended by Resolutions of the Government of the Russian Federation dated April 10, 2015 N 342, dated September 11, 2018 N 1081)

31. The program for verifying the implementation of internal control ensures monitoring of compliance by the organization (employees of the organization) and the individual entrepreneur (employees of the individual entrepreneur) with the legislation of the Russian Federation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism, internal control rules and other organizational - administrative documents of the organization, individual entrepreneur, adopted for the purpose of organizing and implementing internal control.
(clause 31 as amended by Decree of the Government of the Russian Federation dated April 10, 2015 N 342)

32. The program for verifying the implementation of internal control provides for:

a) conducting on a regular basis, but at least once every six months, internal audits of compliance in the organization and individual entrepreneur with internal control rules, requirements of the Federal Law and other regulatory legal acts;
(clause “a” as amended by Decree of the Government of the Russian Federation dated April 10, 2015 N 342)

b) submission to the head of the organization, individual entrepreneur, based on the results of inspections, of written reports containing information about all identified violations of the legislation of the Russian Federation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism, internal control rules and other organizational and administrative documents of the organization, individual entrepreneurs, adopted for the purpose of organizing and implementing internal control;
(paragraph “b” as amended by Decree of the Government of the Russian Federation dated April 10, 2015 N 342)

c) taking measures aimed at eliminating violations identified as a result of inspections.

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

a) documents containing information about the client, the client’s representative, the beneficiary and the beneficial owner, received on the basis of the Federal Law, other regulatory legal acts of the Russian Federation adopted for the purpose of its implementation, as well as internal control rules;
(as amended by Resolutions of the Government of the Russian Federation dated June 21, 2014 N 577, dated April 10, 2015 N 342)

b) documents relating to operations (transactions), information about which was submitted to the Federal Service for Financial Monitoring, and messages about such operations (transactions);

c) documents relating to transactions subject to documentary recording in accordance with Article 7 of the Federal Law and this document;

d) documents on transactions for which internal messages were compiled;

e) internal messages;

f) the results of studying the grounds and purposes of identified unusual operations (transactions);

g) documents related to the client’s activities (to the extent determined by the organization, individual entrepreneur), including business correspondence and other documents at the discretion of the organization, individual entrepreneur;
(clause "g" as amended by Decree of the Government of the Russian Federation dated April 10, 2015 N 342)

h) other documents obtained as a result of applying internal control rules.

34. The information storage program provides for the storage of information and documents in such a way that they can be timely available to the Federal Service for Financial Monitoring, as well as other government bodies in accordance with their competence in cases established by the legislation of the Russian Federation, and taking into account the possibility of their use as evidence in criminal, civil and arbitration proceedings.

35. The internal control rules provide for ensuring the confidentiality of information obtained as a result of the application of the internal control rules, as well as measures taken by the organization and individual entrepreneur in implementing such rules in accordance with the legislation of the Russian Federation.
(clause 35 as amended by Decree of the Government of the Russian Federation dated April 10, 2015 N 342)

Decree of the Government of the Russian Federation dated 05.08.2013 N 667 “On maintaining a unified database for the implementation of activities,” (together with the “Rules for maintaining a unified database for the implementation of activities related to ensuring the safety of donor blood and its components, the development, organization and promotion of blood donation and its components")

"On maintaining a unified database for the implementation of activities related to ensuring the safety of donor blood and its components, development, organization and promotion of blood donation and its components" (together with the "Rules for maintaining a unified database for the implementation of activities related to ensuring the safety of donor blood and its components, development, organization and promotion of blood donation and its components")

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ABOUT LEADING

A UNIFIED DATABASE ON THE IMPLEMENTATION OF EVENTS,

RELATED TO ENSURING THE SAFETY OF DONOR BLOOD

AND ITS COMPONENTS, DEVELOPMENT, ORGANIZATION AND PROPAGANDA

DONATION OF BLOOD AND ITS COMPONENTS

In accordance with Part 2 of Article 21 of the Federal Law “On the Donation of Blood and Its Components,” the Government of the Russian Federation decides:

1. Approve the attached Rules for maintaining a unified database on the implementation of activities related to ensuring the safety of donor blood and its components, the development, organization and promotion of blood donation and its components.

2. Establish that:

a unified database for the implementation of activities related to ensuring the safety of donor blood and its components, the development, organization and promotion of blood donation and its components is the state information system of the blood service;

The Ministry of Health of the Russian Federation carries out general coordination of the maintenance of this unified database, and the Federal Medical and Biological Agency - its maintenance and development;

executive authorities of the constituent entities of the Russian Federation in the field of health care ensure coordination of the activities of the relevant government organizations subjects of the Russian Federation and municipal organizations related to their participation in maintaining the specified unified database.

3. The implementation of powers arising from this resolution is carried out by the relevant federal authorities executive power within the limits established by the Government of the Russian Federation of the maximum number of employees of their central offices and budgetary allocations provided for in the federal budget for leadership and management in the field of established functions.

Chairman of the Government

Russian Federation

D.MEDVEDEV

Approved

Government resolution

Russian Federation

MAINTAINING A UNIFIED DATABASE ON THE IMPLEMENTATION OF EVENTS,

RELATED TO ENSURING THE SAFETY OF DONOR BLOOD

AND ITS COMPONENTS, DEVELOPMENT, ORGANIZATION AND PROPAGANDA

DONATION OF BLOOD AND ITS COMPONENTS

1. These Rules establish the procedure for maintaining a unified database on the implementation of activities related to ensuring the safety of donor blood and its components, development, organization and promotion of blood donation and its components (hereinafter referred to as the database of blood donation and its components), including maintaining the federal register of donors (hereinafter referred to as the register), the deadlines and form for submitting information for placement in the database of donation of blood and its components, as well as the procedure for accessing the information contained in the database of donor blood and its components and its use.

2. Maintaining and ensuring the functioning of the database of blood donation and its components is carried out by the Federal Medical and Biological Agency (hereinafter referred to as the operator).

3. Placement of information in the blood donation database and its components, its processing, storage, use, as well as access to such information and its protection are carried out by the operator and organizations operating in the field of circulation of donor blood and (or) its components, in compliance with requirements of the legislation of the Russian Federation on information, information technology and on the protection of information and legislation of the Russian Federation in the field of personal data.

4. The database of blood donation and its components is maintained using an automated infrastructure information system transfusiology, which allows, among other things, information processing based on the use of uniform formats.

5. The database of donation of blood and its components provides daily collection of information in real time:

a) on the volume of collected donor blood and its components;

b) on the supply of donor blood and its components, indicating the blood type, Rh status and phenotype;

d) on the circulation of donor blood and (or) its components;

e) on the activities of subjects of circulation of donated blood and (or) its components (from January 1, 2016);

f) on the number of cases of donated blood and (or) its components transferred free of charge to organizations located outside the territory of the Russian Federation and their volume;

g) about persons (personal data) who have medical contraindications (temporary or permanent) for donating blood and (or) its components.

6. The database of donation of blood and its components contains a register into which the following information about each donor is entered daily after he performs the donor function:

a) last name, first name and patronymic, if they change - another last name, first name and patronymic;

b) date of birth;

d) information about registration at the place of residence or stay;

e) details of a passport or other identification document;

f) date of inclusion in the register;

g) blood type, Rh status, information about the tested antigens and the presence of immune antibodies;

h) information about previous donations;

i) information about past infectious diseases, being in contact with infectious patients, staying in territories where there is a threat of the emergence and (or) spread of mass infectious diseases or epidemics, about the use of narcotic drugs, psychotropic substances, about working with harmful and (or) ) hazardous conditions labor, as well as vaccinations and surgical interventions performed within one year before the day of donation of blood and (or) its components;

j) information about the award badges"Honorary Donor of the USSR" and "Honorary Donor of Russia".

7. The database of blood donation and its components contains:

a) information specified in subparagraphs "a" - "e" of paragraph 5 and subparagraphs "a" - "h" of paragraph 6 of these Rules - by organizations operating in the field of circulation of donor blood and (or) its components;

b) the information specified in subparagraph "k" of paragraph 6 of these Rules - by the operator.

8. The information specified in subparagraph "g" of paragraph 5 and in subparagraph "i" of paragraph 6 of these Rules is transmitted daily by specialized medical organizations(anti-tuberculosis, dermatovenerological, drug addiction, psychoneurological dispensaries, centers for the prevention and control of AIDS and infectious diseases, centers of hygiene and epidemiology of the Federal Service for Surveillance in the Sphere of Consumer Rights Protection and Human Welfare, as well as centers of hygiene and epidemiology of the Federal Medical and Biological agency) operator or relevant organization operating in the field of circulation of donated blood and (or) its components, which place it in the database of donation of blood and its components.

9. The information necessary to maintain a database of blood donations and its components is presented in the form electronic document, signed electronic signature, or a document on paper, the form of which is approved by the Ministry of Health of the Russian Federation.

10. Placement of information in the blood donation database and its components is carried out by the operator and organizations operating in the field of circulation of donor blood and (or) its components by making a register entry on the day the relevant information is received. The register entry is automatically assigned a unique number and the date of its entry is indicated.

11. Changes to the information contained in the database of blood and its components donation are carried out in the manner established by the operator, preserving the unique register entry number.

12. Access to information contained in the database of blood donation and its components is carried out using software and hardware that allows identification of the person accessing the information.

13. Storage of information in the blood donation database and (or) its components is carried out for 30 years from the date of its placement.

14. Authorized persons of the operator who operate the blood donation database and its components and have access to the information contained therein appoint persons responsible for ensuring the measures provided for by the legislation of the Russian Federation to protect this information.