115 Federal Law of 07.08 01. Federal Law “On Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism

Changes and amendments

Chapter I. GENERAL PROVISIONS

Article 1. Objectives of this Federal Law

This Federal Law is aimed at protecting the rights and legitimate interests of citizens, society and the state by creating a legal mechanism to combat the legalization (laundering) of proceeds from crime.

Article 2. Scope of application of this Federal Law

This Federal Law regulates the relations of citizens of the Russian Federation, foreign citizens and stateless persons permanently residing in the Russian Federation, organizations carrying out transactions with funds or other property, as well as government bodies exercising control on the territory of the Russian Federation over transactions with funds or other property, in order to prevent, identify and suppress acts related to the legalization (laundering) of proceeds from crime.

In accordance with international treaties of the Russian Federation, this Federal Law applies to individuals and legal entities that carry out transactions with funds or other property outside the Russian Federation.

Article 3. Basic concepts used in this Federal Law

For the purposes of this Federal Law, the following basic concepts are used:

proceeds from crime - funds or other property obtained as a result of committing a crime;

legalization (laundering) of proceeds from crime - giving legal form to the possession, use or disposal of funds or other property obtained as a result of the commission of a crime, with the exception of crimes provided for in Articles 193, 194, 198 and 199 of the Criminal Code of the Russian Federation, liability for which it is established by the specified articles;

transactions with funds or other property - actions of individuals and legal entities with funds or other property, regardless of the form and method of their implementation, aimed at establishing, changing or terminating the civil rights and obligations associated with them;

authorized body - a federal executive body that takes measures to combat the legalization (laundering) of proceeds from crime in accordance with this Federal Law;

mandatory control - a set of measures taken by the authorized body to control transactions with funds or other property, carried out on the basis of information provided to it by organizations carrying out such operations, as well as to verify this information in accordance with the legislation of the Russian Federation;

internal control - the activities of organizations carrying out transactions with funds or other property to identify transactions subject to mandatory control and other transactions with funds or other property related to the legalization (laundering) of proceeds from crime.

Chapter II. PREVENTION OF LEGALIZATION (LAUNDERING) OF PROCEEDS OF CRIME

Article 4. Measures aimed at combating the legalization (laundering) of proceeds from crime

Measures aimed at combating the legalization (laundering) of proceeds from crime include:

mandatory internal control procedures;

mandatory control;

prohibition on informing clients and other persons about measures taken to combat the legalization (laundering) of proceeds from crime;

other measures taken in accordance with federal laws.

Article 5. Organizations carrying out transactions with funds or other property

For the purposes of this Federal Law, organizations carrying out transactions with funds or other property include:

credit organizations;

professional participants in the securities market;

insurance and leasing companies;

postal and telegraph organizations and other non-credit organizations that transfer funds;

pawnshops.

Article 6. Transactions with funds or other property subject to mandatory control

1. A transaction with funds or other property is subject to mandatory control if the amount for which it is carried out is equal to or exceeds 600,000 rubles, and by its nature this operation relates to one of the types of transactions provided for in paragraph 2 of this article.

2. Transactions with funds or other property subject to mandatory control include:

1) transactions with funds in cash:

withdrawal from the account or crediting to the account of a legal entity of funds in cash in cases where this is not due to the nature of its economic activities;

purchase or sale of cash foreign currency;

acquisition by an individual of securities for cash;

receipt by an individual of funds against a bearer check issued by a non-resident;

exchange of banknotes of one denomination for banknotes of another denomination;

contribution by an individual to the authorized (share) capital of the organization of funds in cash;

2) crediting or transferring funds to an account, providing or receiving a credit (loan), transactions with securities if at least one of the parties is an individual or legal entity that has, respectively, registration, place of residence or location in the state (at territory) in respect of which (which) there is information about the illegal production of narcotic drugs, or one of the parties is a person who is the owner of an account in a bank registered in the specified state (in the specified territory). The list of such states (territories) is determined by the Government of the Russian Federation and is subject to publication;

3) crediting or transferring funds to an account, providing or receiving a credit (loan), transactions with securities if at least one of the parties is an individual or legal entity, respectively registered, domiciled or located in the state (at territory) in which (in which) the disclosure or presentation of information when conducting financial transactions is not provided, or one of the parties is a person who is the owner of an account in a bank registered in the specified state (in the specified territory). The list of such states (territories) is determined by the Government of the Russian Federation in agreement with the Central Bank of the Russian Federation on the basis of lists approved by international organizations involved in combating the legalization (laundering) of proceeds from crime and is subject to publication;

4) transactions on bank accounts (deposits):

placing funds on deposit (on deposit) with the execution of documents certifying the deposit (deposit) to bearer;

opening a deposit in favor of third parties with the placement of funds in cash;

transfer of funds abroad to an account (deposit) opened in the name of an anonymous owner, and receipt of funds from abroad from an account (deposit) opened in the name of an anonymous owner;

crediting or debiting funds from your account by a legal entity whose period of activity does not exceed three months from the date of its registration, or by a legal entity whose accounts have not been subject to transactions since their opening;

5) other transactions with movable property:

placing securities, precious metals, precious stones or other valuables in a pawnshop;

payment of insurance compensation to an individual or receipt of an insurance premium from him for life insurance and other types of savings insurance and pension provision;

receipt or provision of property under a financial lease (leasing) agreement;

transfers of funds carried out by non-credit organizations on behalf of the client.

3. Information on transactions with funds or other property subject to mandatory control is submitted to the authorized body by organizations carrying out transactions with funds or other property.

Article 7. Responsibilities of organizations carrying out transactions with funds or other property

1. Organizations carrying out transactions with funds or other property are obliged to:

1) identify the person who carries out transactions with funds or other property subject to mandatory control, or opens an account (deposit), according to the documents presented;

2) document and submit to the authorized body no later than the business day following the day of the transaction, the following information on transactions with funds or other property subject to mandatory control:

type of operation and reasons for its execution;

the date of the transaction with cash or other property, as well as the amount for which it was made;

information necessary to identify an individual performing a transaction with funds or other property (passport details or other identification document), address of his place of residence or place of stay;

name, taxpayer identification number, registration number, place of registration and address of the location of the legal entity performing a transaction with funds or other property;

information necessary to identify an individual or legal entity, on behalf of and on whose behalf a transaction with funds or other property is being carried out, taxpayer identification number (if any), address of residence or location of the individual or legal entity;

information necessary to identify a representative of an individual or legal entity performing a transaction with funds or other property on behalf of another person by virtue of authority based on a power of attorney, law or act of an authorized state body or local government body, address of residence of the representative of an individual or legal entity;

information necessary to identify the recipient of a transaction with funds or other property and his representative, including the taxpayer identification number (if available), address of residence or location of the recipient and his representative, if this is provided for by the rules for the relevant transaction;

3) submit to the authorized body, upon its written request, the information specified in subparagraph 2 of this paragraph, both in relation to transactions subject to mandatory control and in relation to transactions specified in paragraph 3 of this article.

The procedure for sending the specified requests by the authorized body is determined by the Government of the Russian Federation in agreement with the Central Bank of the Russian Federation.

The authorized body does not have the right to request documents and information on transactions completed before the entry into force of this Federal Law, with the exception of documents and information that are submitted on the basis of the relevant international treaty of the Russian Federation.

2. Organizations carrying out transactions with funds or other property are obliged, in order to prevent the legalization (laundering) of proceeds from crime, to develop internal control rules and programs for its implementation, to appoint special officials responsible for compliance with these rules, and the implementation of these programs, as well as take other internal organizational measures for these purposes.

The internal control rules of an organization carrying out transactions with funds or other property must include the procedure for documenting the necessary information, the procedure for ensuring the confidentiality of information, qualification requirements for training and education of personnel, as well as criteria for identifying and signs of unusual transactions, taking into account the specifics of the activities of this organization.

Organizations carrying out transactions with funds or other property in accordance with the rules of internal control are required to document information obtained as a result of the application of these rules and the implementation of internal control programs and maintain its confidential nature.

The grounds for documenting information are:

the transaction is confusing or unusual in nature and has no obvious economic meaning or obvious legal purpose;

inconsistency of the transaction with the goals of the organization’s activities established by the constituent documents of this organization;

identification of repeated transactions or transactions, the nature of which gives reason to believe that the purpose of their implementation is to evade the mandatory control procedures provided for by this Federal Law;

other circumstances giving reason to believe that transactions are carried out for the purpose of legalization (laundering) of proceeds from crime.

The development of internal control rules is carried out taking into account recommendations approved by the Government of the Russian Federation, and for credit organizations - by the Central Bank of the Russian Federation.

3. If employees of an organization carrying out transactions with funds or other property, based on the implementation of the internal control programs specified in paragraph 2 of this article, have suspicions that any operations are carried out for the purpose of legalization (laundering) of income received criminally, this organization is obliged to send information about such operations to the authorized body, regardless of whether they relate or do not relate to the operations provided for in Article 6 of this Federal Law.

4. Documents confirming the information specified in this article, as well as copies of documents necessary for personal identification, must be stored for at least five years.

5. Credit institutions are prohibited from opening accounts (deposits) for anonymous owners, that is, without the individual or legal entity opening the account (deposit) submitting the documents necessary for its identification.

6. Employees of organizations submitting relevant information to the authorized body do not have the right to inform clients of these organizations or other persons about this.

7. The procedure for submitting information to the authorized body is established by the Government of the Russian Federation, and in relation to credit organizations - by the Central Bank of the Russian Federation.

8. Submission of information and documents to the authorized body by employees of organizations carrying out transactions with funds or other property, for the purposes and in the manner provided for by this Federal Law, is not a violation of official, banking, tax and commercial secrets.

9. Control over the implementation by individuals and legal entities of this Federal Law in terms of recording, storing and presenting information on transactions subject to mandatory control, as well as the organization of internal control, is carried out by the relevant supervisory authorities in accordance with their competence and in the manner established by the legislation of the Russian Federation , as well as an authorized body in the absence of supervisory authorities in the field of activity of individual organizations carrying out transactions with funds or other property.

Chapter III. ORGANIZATION OF ACTIVITIES TO COUNTER LEGALIZATION (LAUNDERING) OF PROCEEDS OF CRIME

Article 8. Authorized body

The authorized body, determined by the President of the Russian Federation, is a federal executive body whose tasks, functions and powers in the field of combating the legalization (laundering) of proceeds from crime are established in accordance with this Federal Law.

If there are sufficient grounds indicating that the operation or transaction is related to the legalization (laundering) of proceeds from crime, the authorized body sends the relevant information and materials to law enforcement agencies in accordance with their competence.

Employees of the authorized body, when executing this Federal Law, ensure the safety of information that has become known to them related to the activities of the authorized body, constituting official, banking, tax or commercial secrets, and bear responsibility for the disclosure of this information established by the legislation of the Russian Federation.

Damage caused to individuals and legal entities by illegal actions of the authorized body or its employees in connection with the performance by the authorized body of its functions is subject to compensation from the federal budget in accordance with the legislation of the Russian Federation.

Article 9. Submission of information and documents

State authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation and local self-government bodies provide the authorized body with information and documents necessary to carry out its functions (except for information about the private life of citizens), in the manner established by the Government of the Russian Federation.

The Central Bank of the Russian Federation provides the authorized body with information and documents necessary to carry out its functions in the manner agreed upon by the Central Bank of the Russian Federation with the authorized body.

The provision, at the request of an authorized body, of information and documents by state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local government bodies and the Central Bank of the Russian Federation for the purposes and in the manner provided for by this Federal Law, is not a violation of official, banking, tax and commercial secrets.

The provisions of this article do not apply to information and documents received by the bodies specified in this article in the performance of supervisory functions established by the legislation of the Russian Federation.

Chapter IV. INTERNATIONAL COOPERATION IN THE FIELD OF COMBATING LEGALIZATION (LAUNDERING) OF PROCEEDS OF CRIME

Article 10. Exchange of information and legal assistance

State authorities of the Russian Federation carrying out activities related to combating the legalization (laundering) of proceeds from crime, in accordance with international treaties of the Russian Federation, cooperate with the competent authorities of foreign states at the stages of information collection, preliminary investigation, trial and execution of court decisions.

The authorized body and other government bodies of the Russian Federation carrying out activities related to combating the legalization (laundering) of proceeds from crime provide relevant information to the competent authorities of foreign states upon their requests or on their own initiative in the manner and on the grounds provided for by international treaties Russian Federation.

The transfer to the competent authorities of a foreign state of information related to the identification, seizure and confiscation of proceeds of crime is carried out if it does not harm the interests of the national security of the Russian Federation and may allow the competent authorities of that state to begin an investigation or formulate a request.

Information related to the identification, seizure and confiscation of proceeds of crime is provided at the request of a competent authority of a foreign state, provided that it will not be used without the prior consent of the relevant government authorities of the Russian Federation that provided it for purposes not specified in the request .

State authorities of the Russian Federation send requests to the competent authorities of foreign states to provide the necessary information and provide responses to requests made by the said competent authorities in the manner prescribed by international treaties of the Russian Federation.

State authorities of the Russian Federation carrying out activities related to combating the legalization (laundering) of proceeds from crime that sent the request ensure the confidentiality of the information provided and use it only for the purposes specified in the request.

State authorities of the Russian Federation. those carrying out activities related to combating the legalization (laundering) of proceeds from crime, in accordance with international treaties of the Russian Federation and federal laws, fulfill, within their competence, requests from the competent authorities of foreign states for the confiscation of proceeds of crime, as well as for the production of certain procedural actions in cases of identifying proceeds of crime, seizing property, confiscating property, including conducting examinations, interrogating suspects, accused, witnesses, victims and other persons, searches, seizures, transferring material evidence, seizing property , carry out delivery and forwarding of documents.

Costs associated with the execution of these requests are reimbursed in accordance with international treaties of the Russian Federation.

Article 11. Recognition of a sentence (decision) passed by a court of a foreign state

In the Russian Federation, in accordance with international treaties of the Russian Federation and federal laws, sentences (decisions) passed by courts of foreign states and entered into legal force in relation to persons with income obtained by criminal means are recognized.

In the Russian Federation, in accordance with international treaties of the Russian Federation, sentences (decisions) issued by courts of foreign states and entered into legal force on the confiscation of proceeds of crime or equivalent property located on the territory of the Russian Federation are recognized and executed.

Confiscated proceeds of crime or property equivalent to them may be transferred in whole or in part to a foreign state, whose court has made a decision on confiscation, on the basis of the relevant international treaty of the Russian Federation.

Article 12. Issuance and transit transportation

The decision to extradite to a foreign state persons who have committed crimes related to the legalization (laundering) of proceeds from crime is made on the basis of the obligations of the Russian Federation arising from an international treaty of the Russian Federation. In the same manner, a decision is made on the transit transportation of these persons across the territory of the Russian Federation.

If the Russian Federation does not have an appropriate agreement with a foreign state that is requesting extradition, these persons may be extradited for crimes related to the legalization (laundering) of proceeds from crime, subject to the principle of reciprocity.

Chapter V. FINAL PROVISIONS

Article 13. Liability for violation of this Federal Law

Violation of the requirements stipulated by Articles 6 and 7 of this Federal Law, with the exception of paragraph 3 of Article 7 of this Federal Law, by organizations carrying out transactions with funds or other property and operating on the basis of a license, may lead to revocation (cancellation) of the license in the manner prescribed by law Russian Federation.

Persons guilty of violating this Federal Law bear administrative, civil and criminal liability in accordance with the legislation of the Russian Federation.

Article 14. Prosecutor's supervision

Supervision over the implementation of this Federal Law is carried out by the Prosecutor General of the Russian Federation and the prosecutors subordinate to him.

Article 15. Appeal against the actions of the authorized body and its officials

An interested person has the right to apply to court for the protection of his violated or disputed rights and legitimate interests in the manner prescribed by law.

Article 16. Entry into force of this Federal Law

Article 17. Bringing regulatory legal acts into compliance with this Federal Law

Regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation are brought into conformity with this Federal Law before it comes into force.

The president
Russian Federation
V. Putin

professional participants in the securities market;

Insurance organizations (with the exception of medical insurance organizations operating exclusively in the field of compulsory health insurance), insurance brokers and leasing companies;

Federal postal organizations;

Pawnshops;

Organizations engaged in the purchase, purchase and sale of precious metals and precious stones, jewelry made from them and scrap of such products, with the exception of religious organizations, museums and organizations using precious metals, their chemical compounds, precious stones for medical, scientific research purposes or as part of tools, devices, equipment and products for industrial and technical purposes;

Organizations running betting shops and bookmakers, as well as organizing and conducting lotteries, sweepstakes (mutual betting) and other risk-based games, including in electronic form;

Management companies of investment funds, mutual funds and non-state pension funds;

Organizations providing intermediary services in real estate purchase and sale transactions;

Payment acceptance operators;

Commercial organizations entering into financing agreements for the assignment of monetary claims as financial agents;

Credit consumer cooperatives, including agricultural credit consumer cooperatives;

Microfinance organizations;

Mutual Insurance Society;

Non-state pension funds in terms of carrying out activities related to non-state pension provision;

Communications operators who have the right to independently provide mobile radiotelephone communication services, as well as telecom operators that occupy a significant position in the public communications network, who have the right to independently provide communication services for data transmission.

The rights and obligations assigned by this Federal Law to organizations carrying out transactions with funds or other property apply to individual entrepreneurs who are insurance brokers, individual entrepreneurs who purchase, purchase and sell precious metals and precious stones, jewelry made from them and scrap such products, and individual entrepreneurs providing intermediary services in transactions of purchase and sale of real estate.

Judicial practice under Article 5 of the Federal Law dated 07.08.2001 No. 115-FZ

Resolution No. 5-827/2018 of November 29, 2018 in case No. 5-827/2018

Stay in the Russian Federation after DD.MM.YYYY, that is, with DD.MM.YYYY he evades leaving the Russian Federation, thereby violating the requirements of paragraph 2 of Art.

5 Federal Law No. 115-FZ “On the legal status of foreign citizens in the Russian Federation” dated DD.MM.YYYY, thereby committing an administrative offense under Part 3.1 of Art. 18.8 Code of Administrative Offences...

Resolution No. 5-1379/2018 of November 29, 2018 in case No. 5-1379/2018

Krasnogvardeisky District Court (City of St. Petersburg) - Administrative offenses

Resolution No. 5-826/2018 of November 29, 2018 in case No. 5-826/2018

Korolyovsky City Court (Moscow region) - Administrative offenses

Stayed until DD.MM.YYYY did not leave, that is, with DD.MM.YYYY he evades leaving the Russian Federation, thereby violating the requirements of paragraph 2 of Art.

5 Federal Law No. 115-FZ “On the legal status of foreign citizens in the Russian Federation” dated DD.MM.YYYY and Art. 25.10 Federal Law -114 from DD.MM.YYYY “On the procedure for departure...

Resolution No. 5-1368/2018 of November 29, 2018 in case No. 5-1368/2018

Vidnovsky City Court (Moscow region) - Administrative offenses

Case No. 5 - 1368/18 P R O S T A N O V L E N I E city. Vidnoye, Moscow Region November 29, 2018 Vidnovsky City Court of Moscow...

Resolution No. 5-2048/2018 of November 29, 2018 in case No. 5-2048/2018

Odintsovo City Court (Moscow region) - Administrative offenses

• ... 5 - 2048/18 P O S T A N O V L E N I E in the case of an administrative offense in the city of Odintsovo 11/29/2018 Judge...

  Resolution No. 5-1165/2018 of November 29, 2018 in case No. 5-1165/2018

  Elektrostal City Court (Moscow region) - Administrative offenses

  Upon expiration of the established period of stay (October 11, 2018), he evaded leaving the Russian Federation while staying in the Moscow region, thereby violating the requirements of paragraph 2 of Art.

  5 of the Federal Law of July 25, 2002 N 115-FZ “On the legal status of foreign citizens in the Russian Federation”, thereby committing an administrative offense under Part 3.1 ...

  Resolution No. 5-762/2018 of November 29, 2018 in case No. 5-762/2018

Krasnoglinsky District Court of Samara (Samara Region) - Administrative offenses

2. The obligation provided for in paragraph 1 of this article does not apply to persons specified in paragraphs two through five of subparagraph 2 of paragraph 1 of Article 7 of this Federal Law.

3. A legal entity is obliged:

1) regularly, but at least once a year, update information about their beneficial owners and document the information received;

2) store information about their beneficial owners and about the measures taken to establish in relation to their beneficial owners the information provided for in paragraph two of subparagraph 1 of paragraph 1 of Article 7 of this Federal Law for at least five years from the date of receipt of such information.

4. A legal entity has the right to request from individuals and legal entities who are founders or participants of this legal entity or otherwise control it, the information necessary to identify its beneficial owners.

5. Individuals and legal entities who are founders or participants of a legal entity or otherwise control it are required to provide this legal entity with the information they have necessary to identify its beneficial owners. The transfer of such information in accordance with the provisions of this article does not constitute a violation of the legislation of the Russian Federation on personal data.

6. A legal entity is obliged to provide available documented information about its beneficial owners or about the measures taken to establish in relation to its beneficial owners the information provided for in paragraph two of subparagraph 1 of paragraph 1 of Article 7 of this Federal Law, at the request of the authorized body or tax authorities. The procedure and deadlines for submitting information about the beneficial owners of a legal entity and about the measures taken to establish in relation to such beneficial owners the information provided for in paragraph two of subclause 1 of clause 1 of Article 7 of this Federal Law are determined by the Government of the Russian Federation.

7. Information about the beneficial owners of a legal entity is disclosed in its reporting in cases and in the manner provided for by the legislation of the Russian Federation.

In accordance with the provisions of the National Security Concept of the Russian Federation, one of the priority areas of the state’s activities is to combat criminal phenomena. It involves the consolidation of the efforts of the authorities and society, a sharp reduction in the socio-political and economic basis of illegal processes, the development of a comprehensive system of methods and means of a legal and other nature to suppress offenses and crimes, to ensure the protection of the interests of the individual, the state and society. Within the framework of this direction, prepared and committed acts of laundering (legalizing) proceeds from criminal activities and financing of terrorism are suppressed, and government response measures are also taken to already committed illegal actions. The work of law enforcement agencies in this area is regulated by the norms of 115-FZ of 08/07/2001. In Art. 1-3 provide general provisions establishing the scope of the legal act and the terms used in it. Let's look at some of the provisions of this law.

Terminology

Definitions of concepts are given in Art. 3 115-FZ. Clarification of terms is necessary for a correct understanding of the norms and to avoid misinterpretation.

Proceeds of crime are money or other property obtained as a result of an illegal act. In this case, the key aspect is the fact of the crime. The fact is that citizens who evade tax obligations are not criminals (in the classical sense), since they receive their income in a legal way. The sense of ownership prevents them from parting with part of their profits.

The second paragraph of Article 3 of the regulatory act in question establishes the composition of assets that are subject to legislation on combating money laundering of proceeds from crime. In this case, there is a correspondence between the provisions of 115-FZ and Art. 2 (paragraphs "a" and "b") of the Strasbourg Convention. It refers to the proceeds of criminal activity as any property (immaterial and material, immovable and movable), expressed in things or rights or representing documents and acts certifying the right to such material assets.

Analysis of 115-FZ (Articles 1-3 in particular) indicates that the legislator considers criminal proceeds in a narrow sense, since he means exclusively cash or other property. Here, however, the provisions of the Civil Code should also be taken into account. When applying the norms of 115-FZ art. 128 of the Code provides a more complete understanding of the term “other property”, since it establishes its composition. According to the norm, they are used to understand things, securities, money, property rights, products of intellectual labor and means of individualization equivalent to them, as well as intangible benefits.

The definition of the concept of legalization of income given in 115-FZ and Art. 174.1 of the Criminal Code, similar. The Code states that laundering of funds or other property obtained by criminal means is the carrying out of financial transactions, concluding transactions with valuables as a result of committing crimes, other than those provided for in Articles 193, 194, 198-199.2, or using valuables for business purposes. economic (including entrepreneurial) activity.

If we compare the definitions given in Art. 174.1 of the Criminal Code, the first normative act provides a more comprehensive interpretation of the concepts.

Anti-money laundering measures

They are mentioned in Art. 4 115-FZ. Among the countermeasures, mandatory internal control comes first. The procedures that make up it are aimed at identifying operations carried out by individuals, organizations that launder proceeds from crime or finance terrorism.

Concluding transactions with a large number of links that are unjustified from an economic point of view gives reason to believe that they are being carried out in violation of the law.

Internal control involves recording and subsequent storage of information about all transactions (date, place, time, basis, amount, etc.) and their participants. The presence of such information databases allows you to restore transaction data in the shortest possible time.

List of competent organizations

It is enshrined in Art. 5 115-FZ. The list includes organizations authorized to carry out financial transactions. These include credit structures, which are divided into banking and non-banking. Their difference lies in the scope of powers.

The Bank has the right to perform the following operations:

1. Attracting funds from organizations and individuals into deposits.
2. Placement of money on your own behalf, at your own expense on the terms of urgency, payment and repayment.
3. Opening and servicing accounts of citizens and organizations.

In addition, the bank can issue, purchase, sell, record, and store securities used as payment documents or confirming the attraction of funds to accounts and deposits.

Non-bank credit structures have the right to carry out certain banking operations, the list of which is enshrined in Federal Law No. 395-1.

Organizations authorized to carry out transactions with money and other property include structures that are not credit institutions, but accept cash from citizens and legal entities in the cases established in Federal Law No. 395-1.

Important point

The current legislation contains rules requiring that basic payments of legal entities be made through credit institutions - banks. Despite the fact that 88-FZ expanded the list of entities obliged to control the movement of funds and property, the main responsibility for suppressing the legalization of criminal proceeds rests with credit institutions. In this regard, the presence in the specified list of real estate companies that provide intermediary services in transactions for the alienation of real estate does not relieve banks from the obligation to identify the transactions provided for in paragraph 1.1 of Art. 6 115-FZ.

The Central Bank has the right to revoke a credit institution’s license in the event of repeated violations (within one year) of the requirements established by Federal Law No. 115.

In the list enshrined in Art. 5 115-FZ, the following organizations are also indicated:

1. Brokers.
2. Insurance companies.
3. Pawnshops.
4. Bookmakers and sweepstakes.
5. Companies managing investment or pension non-state funds.
6. Operators accepting payments.
7. Financial agents licensed to conduct financial activities.

Rights and responsibilities of competent authorities

They are enshrined in Art. 7 115-FZ. This norm pays special attention to restrictions for organizations conducting transactions with money and other valuables. Failure to comply with the requirements set forth in the article may lead to the application of administrative, criminal, and civil liability measures against the perpetrators.

The key responsibility of the competent structures is to check clients performing transactions with valuables to identify facts of legalization of criminal proceeds. It must be carried out at all stages of the movement of property and funds. The most important role is played by the identification of subjects served by these organizations. According to Art. 7 of Law 115-FZ, competent structures are required to obtain information not only about persons with whom an agreement has already been concluded, but also about potential clients, i.e., before formalizing their legal relations.

Identification involves the collection and analysis of the following information about individuals:

1. FULL NAME.
2. Citizenship.
3. Details of a passport or other document proving his identity.
4. Information from the migration card.
5. Address of residence (registration) or place of stay.
6. TIN (if available).

The following information is collected about legal entities:

1. Name.
2. TIN or code of a foreign legal entity.
3. State registration number.
4. Legal address or location.

All information provided must be checked for accuracy and completeness.

The procedure for identifying, storing and analyzing data is set out in the Internal Control Rules.

Exceptions

Federal Law No. 115 stipulates cases when credit institutions may not carry out identification. In relation to individuals, it is not carried out if:

• when competent organizations carry out operations to accept payments from citizens in an amount not exceeding 15 thousand rubles. or an amount in foreign currency equivalent to 15 thousand rubles;
• conducting settlement transactions with budgets of all levels;
• payment for services provided by budgetary organizations subordinate to the executive bodies of federal, regional and territorial authorities;
• payment for residential premises, utilities, security of apartments and installation of security alarms, as well as communication services;
• payment of alimony;
• deduction of contributions by members of dacha, vegetable gardening, horticultural non-profit associations, GSK, as well as when paying for parking lots.

This list is not subject to broad interpretation.

From the moment 121-FZ comes into force, the possibility of not identifying an entity is canceled if it has previously been identified by a credit institution.

Innovations in Federal Law No. 115

The new version of the Law, adopted in 2018, contains Art. 7.3. This norm establishes the responsibilities of credit structures that carry out transactions with money and other property when accepting services, as well as in the process of servicing public foreign officials. This article was introduced in addition to the provisions of paragraph 1 of Art. 7 115-FZ.

These structures, according to the norm, are obliged to:

1. Take reasonable and feasible measures to identify public foreign officials.
2. Accept for service the specified entities only in accordance with the written decision of the head of the organization authorized to carry out transactions with monetary and other valuables, his deputy or the head of a separate division of the credit institution.
3. Take possible and reasonable measures to establish the sources of origin of material assets of public foreign officials.
4. Regularly update existing information about these entities.
5. Pay increased attention to transactions carried out not only by public foreign officials, but also by their relatives, including adoptive parents, adopted children, as well as third parties on their behalf.

Inclusion of art. 7.3 in 115-FZ is determined by the tense international situation and the desire of the country’s leadership to protect the economy from negative impacts. The inclusion of a norm in the normative act under consideration is of utmost importance for the implementation of the concept of national security of the Russian Federation. The provisions of the norm correspond to state policy in the field of combating money laundering, since it establishes measures to suppress unwanted actions of foreign persons.

Nuance

There is another Law with the same number as the normative act in question - 115-FZ dated July 25, 2002. In Art. 4 establishes the fundamentals of the legal status of foreigners in Russia. This Law is in no way related to the regulatory act in question and the area of ​​combating money laundering. During the enforcement process, this nuance must be taken into account.

Liability for failure to comply with the provisions of 115-FZ

In Art. 13 of the Law establishes administrative measures to ensure the protection of the financial and public legal interests of the state.

According to the norm, violation of the rules for carrying out operations with material assets by credit structures, leasing and insurance organizations, postal institutions, pawnshops, bookmakers and other entities specified in the commented normative act entails the cancellation (revocation) of their license.

Revocation of a permit is a decision made by an authorized body on the grounds and in the manner provided for in federal legislation. Cancellation of a license does not entail the termination of a person’s work, but only the prohibition of certain types of operations. Revocation of a permit is an exceptional measure.

The regulatory act in question establishes that competent organizations carrying out transactions with material assets must document and provide information to control authorities no later than the day following the date of the relevant operation (Article 7, part one, clause 4). According to Art. 13 115-FZ, violation of the established period entails revocation of the license.

The law, however, provides for the possibility of not sending information to authorized bodies. It can be used by employees of competent structures carrying out internal control procedures if they have suspicions that their clients are carrying out transactions to launder criminal proceeds. In such situations, of course, the application of liability measures becomes extremely difficult.

The body that has the right to revoke licenses from credit institutions that violate anti-money laundering laws is the Central Bank. This authority is in accordance with FATF Recommendations No. 17, 23, 29. They establish that states must ensure the use of proportionate, effective deterrent measures of a criminal, civil, administrative nature in case of detection of facts of non-compliance with regulatory requirements. According to the Recommendations, countries should ensure that credit institutions disseminate adequate methods of supervision and regulation. Competent authorities should take the necessary legal or regulatory measures to prevent criminals or their associates from obtaining controlling or significant shares or management positions in financial institutions.

Supervisory authorities, in turn, must have sufficient powers to monitor and control compliance by subjects with legal requirements in the field of combating money laundering and the financing of terrorism. They should be given the right to conduct inspections, demand the provision of any information from financial institutions necessary for monitoring, and apply adequate administrative penalties for non-compliance with regulations.

International conventions ratified by the Russian Federation establish that participating countries ensure the application of proportionate, effective civil, criminal or administrative deterrent measures, taking into account the danger of the crime committed, to legal entities and citizens. The adoption by the Central Bank of a decision to revoke a license from a credit institution in accordance with Art. 13 115-ФЗ is accompanied by a comprehensive analysis of its work not only to identify violations of federal legislation, but also to determine the number (volume) of operations performed, the presence/absence of factors that pose a threat to the interests of depositors and creditors, and the stability of the entire banking system of the country.

General rules for license revocation

The corresponding decision is subject to publication in the official publication "Bulletin of the Bank of Russia" within a week from the date of its adoption. It comes into force from the moment it is issued. The legislation establishes the right of interested parties to challenge a decision within a month from the date of its publication. The fact of appeal, as well as the application of measures to ensure claims, do not suspend the execution of the decision.

Additional measures

In accordance with the Central Bank letter No. 98-T of 2005 and methodological recommendations No. 59 of 1997, the territorial divisions of the Central Bank are given the right to apply to entities that do not comply with the requirements of the law in the field of legalization of criminal proceeds:

1. Requests to eliminate identified violations.
2. Monetary penalties. Their sizes are established by the Federal Law “On the Central Bank of the Russian Federation”.
3. Restriction on certain financial transactions for a period of up to 6 months.
4. Request for replacement of management.
5. A ban on a credit structure performing certain operations specified in the license issued to it for a period of up to 1 year.
6. A ban on opening branches for a year.

If the grounds provided for in paragraph 6 1 of part 20 of Article Federal Law No. 395-1 are identified, the territorial division has the right to initiate the procedure for revoking the license of the credit institution. At the same time, the unit is recommended to present a requirement to eliminate the identified violations in combination with other enforcement measures. The choice of one or another sanction is made by the institution independently, taking into account:

1. The nature and reasons for the violation committed by the credit structure.
2. The general financial position of the credit institution, its position in the regional and federal banking services markets, the possibility of a deterioration in its financial condition in connection with the measures taken against it.
3. The effectiveness of the internal control rules developed by the structure to combat money laundering and the financing of terrorism, their compliance with the recommendations of the Central Bank.

Conclusion

The Criminal Code does not contain a specific provision, the provisions of which could be applied directly to officials who have committed violations of legislation in the field of combating money laundering and the financing of terrorism. Many experts believe that there is no need to create such articles on similar violations in various areas of management. It is necessary to ensure the cost-effectiveness of legislation establishing the responsibility of subjects and to consolidate the elements of offenses. Currently, the key criminal articles establishing sanctions for failure to comply with regulatory requirements in the field of combating money laundering and the financing of terrorism are Art. 173-174.1, as well as 175. These norms establish the necessary legal grounds for suppressing illegal actions and combating the cashing out of funds through shell companies.