According to 115-FZ, transactions worth at least 600 thousand rubles and transactions that have signs of an unusual transaction are subject to control. Violation of the provisions of the Federal Law may lead to blocking of client accounts and revocation of the license of the financial institution.

The main goal of Federal Law (FZ) N 115-FZ of August 7, 2001 “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism” is to protect the rights of citizens and the state.

This Federal Law regulates the relations of individuals and companies that are subjects of the law with government bodies that control monetary transactions in order to prevent the inclusion of funds in illegal circulation.

Who is covered by Federal Law 115-FZ

Table 1. Subjects of 115-FZ

Category	Subjects
Individuals	Russian citizens.
	Foreign citizens.
	Stateless persons.
Organizations and individual entrepreneurs	Credit organizations.
	Securities market participants.
	Insurance companies.
	Federal postal service.
	Pawnshops and companies engaged in the purchase of precious metals, precious stones and products made from them.
	Organizers of lotteries, sweepstakes, etc.
	Management companies of investment, non-state pension and mutual funds.
	Involved in real estate transactions.
	Consumer cooperatives.
	Microfinance organizations.
	Telecom operators, etc.
	Foreign structures.

Actions aimed at implementing the law

Actions aimed at implementing the provisions of the law include mandatory and internal controls, as well as a ban on reporting measures taken to comply with it. The exception is information about the status of the account, its blocking, or in the conduct of operations, as well as the need to provide documents.

Operations control

Transactions in rubles and foreign currency that meet certain criteria are subject to control. They are divided into transactions subject to mandatory control and transactions that have signs of an unusual transaction.

Table 2. Operations subject to mandatory control

Sum	The essence of the operation
≥600 thousand rubles	Cash transactions.
	Withdrawal or crediting to a legal account. persons with cash, if this is not consistent with the nature of his business.
	Purchase or sale of physical face of cash currency.
	Purchase or sale of physical face securities for cash.
	Cashing out physical face of a bearer check received from a non-resident.
	Exchange of banknotes of one denomination for another.
	Adding physical person in the authorized capital of the company cash.
	Receipt or transfer of funds to a person registered in the territory of a state that does not adhere to the FATF recommendations, or who has an account with a credit institution located in this territory.
	Operations on accounts and deposits.
	Transactions with movable property (precious metals, jewelry, insurance payments, leasing, etc.).
	Supplies for defense orders.
≥ 3 million rubles	Real estate transactions.
≥ 100 thousand rubles	Receipt by a non-profit organization of funds and property from foreign states and organizations or transfers to them.
≥ 10 million rubles	Operations of organizations of strategic importance for the defense industry.
Regardless of the amount	One of the parties to the deal is a person suspected of participating in extremist activities.

Note. A complete list of signs of an unusual transaction is contained in the Appendix to Bank of Russia Regulation No.375-P dated March 2, 2012 The most common of them are: the confusing or unusual nature of the transaction, which has no obvious economic meaning, and the inconsistency of the transaction with the goals of the company. If the transaction falls under one of the items on the list, the client is obliged to provide the bank with documents confirming the purity of the transaction.

Key responsibilities of financial institutions

• Identification of clients and their beneficial owners, according to certain criteria.
• Update previously received information.
• Recording and providing information to Rosfinmonitoring.
• Blocking of funds and other property.
• Checking the presence among clients of persons in respect of whom a decision has been made to freeze accounts.
• Data storage.

Identification of clients and their beneficial owners

Financial institutions are required to identify the person who contacts them using certain criteria.

Table 3. Identification criteria

Updating previously received information

Identification information must be updated at least once a year, and if there is any doubt about its relevance and truth - within seven business days.

Non-state pension funds must update information about the insured at least once every three years, but if there are suspicions that the information is unreliable, they are required to double-check it within seven working days.

Recording and submitting information to the authorized body

The responsibilities of organizations carrying out transactions with funds include recording and providing the authorized body within three days with the following information on transactions subject to mandatory control:

• Type of operation.
• Reasons for doing it.
• Date of operation.
• Sum.

In addition, financial organizations are required to provide information upon requests from the authorized body in the manner established by the Central Bank of the Russian Federation.

Blocking accounts

Financial institutions are obliged to provide other property of clients included in the list of extremists and terrorists. The blocking must occur immediately, but no later than one working day from the moment of changes to the list of extremists. The presence of its clients in it must be checked at least once every three months.

Data storage

A legal file containing documents necessary for identification must be retained for five years from the date of termination of the relationship with the client.

Rights of financial organizations

If there are suspicions that the client’s activities may be illegal, or he is in contact with persons or organizations related to such activities, the credit institution has the right:

• Refuse him to conclude a banking service agreement in accordance with the internal control rules.
• Terminate the contract if during the year the client was refused to carry out transactions at least twice due to his failure to provide information confirming the purity of the transaction.
• Refuse to carry out an operation on behalf of the client for five working days.

Limitation of rights of credit institutions

Banks are prohibited from opening accounts without the personal presence of the client or his legal representative, as well as without providing them with the information necessary for identification. This restriction does not apply in cases where the client or his representative has previously been identified.

It is also prohibited to open accounts in cases where there is a suspicion that this account may be used by the client in money laundering operations.

Additional measures applied by Rosfinmonitoring

Rosfinmonitoring may decide to freeze all accounts of an individual or legal entity if there is reasonable suspicion of his participation in terrorist activities or he is included in the list of persons participating in it.

The decision to block accounts is immediately posted on the Internet, on the Rosfinmonitoring website. Restrictions can be lifted in court.

Phys. persons to whom such measures were applied may be assigned a monthly allowance in the amount of ten thousand rubles.

Property claims of third parties arising as a result of blocking accounts can be satisfied through the court. Legal costs in this case will be reimbursed from funds in the defendant’s blocked accounts or other property.

Responsibility for violation of Federal Law 115-FZ

Violation of the provisions of this law by a financial institution may result in the revocation of its license. Persons guilty of violating the law are liable in accordance with the Civil, Administrative and Criminal Codes.

In conclusion, a video about how to protect your current account from blocking, according to the latest edition of 115-FZ.

On the requirements of the Federal Law “On Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism” dated August 7, 2001 No. 115-FZ, imposed on banks and their clients.

Basic terms and definitions

Bank– Closed Joint Stock Company “City Invest Bank”;

Client– an individual (including an individual entrepreneur and a person engaged in private practice in accordance with the legislation of the Russian Federation) or a legal entity (including a credit institution) located or accepted for service by the Bank, as well as persons applying to the Bank for one-time transactions nature, including transactions without opening a bank account (deposit);

Beneficial owner- an individual who ultimately directly or indirectly (through third parties) owns (has a predominant participation of more than 25 percent in the capital) a client - a legal entity or has the ability to control the actions of the client;

Beneficiary– a person who does not participate in the operation, but for whose benefit the client acts, including on the basis of an agency agreement, agency agreement, commission and trust management, when conducting banking operations and other transactions;

Client Representative (Representative)– a person who carries out transactions and/or operations with funds or other property on behalf of the Client, whose powers are confirmed by a power of attorney, agreement, law or act of an authorized state body or local government body, including persons who are granted the authority to open/ closing, disposing of a bank account (deposit) using remote banking technology;

Law No. 115-FZ- Federal Law of August 7, 2001 No. 115-FZ “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism.”

Identification- a set of measures to establish, as determined by the legislation of the Russian Federation and internal regulatory documents of the Bank, information about clients, their representatives, beneficiaries, beneficial owners, to confirm the accuracy of this information using original documents and (or) duly certified copies;

Blocking (freezing) of non-cash funds or uncertificated securities- a prohibition to carry out transactions with funds or securities belonging to an organization or individual included in the list of persons in respect of whom there is information about their involvement in extremist activities or terrorism, or an organization or individual not included in the specified list, but in in relation to whom there are sufficient grounds to suspect their involvement in terrorist activities (including the financing of terrorism).

1. Clients are obliged to:

Provide the Bank with the information necessary for the Bank to comply with the requirements of Law No. 115-FZ, including information necessary to identify the client, his representatives, beneficiaries and beneficial owners. In addition, in accordance with this norm, the Client is obliged, at the request of the Bank, to provide documents that are the basis for carrying out transactions.

2. Client identification

2.1. When accepting and servicing clients Bank identifies the client, client representative and (or) beneficiary.

When identifying, the Bank establishes the following information:

• in relation to individuals– last name, first name, and patronymic (if any), citizenship, date of birth, details of an identity document, details of a migration card, a document confirming the right of a foreign citizen or stateless person to stay (reside) in the Russian Federation, address of residence (registration) or place of residence, taxpayer identification number (if available) and other information, in accordance with the legislation of the Russian Federation and internal regulatory documents of the Bank;
• in relation to legal entities- name, taxpayer identification number or code of a foreign organization, state registration number, place of state registration and location address and other information, in accordance with the legislation of the Russian Federation and internal regulatory documents of the Bank.

The legislator includes other information to be established in relation to legal entities:

• information on the purposes of establishing and the expected nature of the client’s business relationship with the Bank, as well as on the purposes of the client’s financial and economic activities, financial position and business reputation;
• information on beneficial owners, establishing in relation to them the information necessary to identify an individual.

If the beneficial owner is not identified, the Bank may recognize the client’s sole executive body as the beneficial owner.

In order to identify the client, the client’s representative, identify the beneficiary and beneficial owners, the client provides the Bank with a Questionnaire for a client-legal entity, a Questionnaire for a client-individual, a representative of a client, an individual entrepreneur (in one file) and, if the client has a beneficiary, a Questionnaire for a Beneficiary ( separately: legal entity, individual entrepreneur, individual entrepreneur).

2.2. Bank updates information about clients, client representatives, beneficiaries and beneficial owners at least once a year, and in case of doubts about the reliability and accuracy of previously received information - within seven working days following the day such doubts arose.

Identification client - an individual, client representative, beneficiary and beneficial owner not carried out:

1. when carried out by the Bank receiving operations from clients - individuals payments, if their amount does not exceed 15,000 rubles or an amount in foreign currency equivalent to 15,000 rubles.
2. when carried out by an individual transactions for the purchase or sale of cash foreign currency for an amount not exceeding 15,000 rubles or not exceeding an amount in foreign currency equivalent to 15,000 rubles.
3. when carried out by the Bank, including with the involvement of bank payment agents, transferring funds without opening a bank account, including electronic funds, if the transfer amount does not exceed 15,000 rubles or an amount in foreign currency equivalent to 15,000 rubles.

Despite the existence of the above-mentioned grounds for not carrying out identification, the Bank will be obliged to carry it out in the event that Bank employees have suspicions that these operations are carried out for the purpose of legalizing (laundering) proceeds from crime or financing terrorism.

3. Suspension of customer transactions

The bank suspends the client's transaction, with the exception of operations for crediting funds received to the account of an individual or legal entity, for two business days from the day when the client’s order to carry it out must be executed, if at least one of the parties to the operation is an organization or individual, in respect of which measures have been taken to freeze (block) funds or other property, or a legal entity directly or indirectly owned or controlled by such an organization or individual, or an individual or legal entity acting on behalf of or at the direction of such an organization or individual.

After the expiration of the two-day period, the suspended operation can be carried out by the Bank in the usual manner only in the absence of any instructions regarding this operation from Rosfinmonitoring.

4. Refusal to conclude a bank account (deposit) agreement. Termination of a bank account (deposit) agreement.

4.1. The bank is prohibited conclude a bank account (deposit) agreement with the client in the event that the client or the client’s representative fails to provide the documents necessary to identify the client or the client’s representative.

4.2. The bank is prohibited open accounts (deposits) to individuals without the personal presence of the person opening the account (deposit) or his representative.

4.3. The bank is prohibited open and maintain accounts (deposits) to anonymous owners, that is, without the individual or legal entity opening the account (deposit) providing the documents necessary for its identification, as well as to open and maintain accounts (deposits) for owners using fictitious names (pseudonyms).

4.4. The Bank has the right refuse to enter into a bank account (deposit) agreement with an individual or legal entity if there is a suspicion that the purpose of concluding such an agreement is to carry out transactions for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism;

4.5. The Bank has the right terminate the bank account (deposit) agreement with the client in the event that two or more decisions are made during the calendar year to refuse to execute the client’s order to carry out a transaction on the basis of paragraph 5 of this memo.

4.6. When identifying a client, client representative, beneficiary, beneficial owner, the Bank has the right to update information about them demand presentation by client, client representative and receive from the client, the client's representative, identification documents, constituent documents, documents on state registration of a legal entity (individual entrepreneur).

5. Refusal to execute the client’s order

The Bank has the right refuse to execute a client’s order to complete a transaction, with the exception of transactions for crediting funds received to the account of an individual or legal entity, for which the documents necessary to record information have not been submitted in accordance with the provisions of Law No. 115-FZ, as well as in the event that Bank employees have suspicions, that the operation is carried out for the purpose of legalizing (laundering) proceeds from crime or financing terrorism.

We draw your attention to the fact that the Bank’s actions to suspend operations, in accordance with paragraph 3 of this memo, and refusal to perform operations, in accordance with paragraph 5 of this memo, do not constitute grounds for the emergence of civil liability of the Bank.

This Regulation is based on the Federal Law of August 7, 2001 No. 115-FZ “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism” (Collected Legislation of the Russian Federation, 2001, No. 33, Art. 3418; 2002, No. 30, Art. 3029; No. 44, Art. 4296; 2004, No. 31, Art. 3224; 2005, No. 47, Art. 4828; 2006, No. 31, Art. 3446, Art. 3452; 2007, No. 16, Art. 1831; No. 31, Art. 3993, Art. 4011; No. 49, Art. 6036; 2009, No. 23, Art. 2776; No. 29, Art. 3600; 2010, No. 28, Art. 3553; No. 30, Art. 4007; No. 31, Art. 4166; 2011, No. 27, Art. 3873; No. 46, Art. 6406; 2012, No. 30, Art. 4172; No. 50, Art. 6954; 2013, No. 19, Art. 2329 ; No. 26, Art. 3207, No. 44, Art. 5641; No. 52, Art. 6968; 2014, No. 19, Art. 2311, Art. 2315, Art. 2335; No. 23, Art. 2934; No. 30, Art. 4214, Article 4219; 2015, No. 1, Article 14, Article 37, Article 58; No. 18, Article 2614, No. 24, Article 3367; No. 27, Article 3945, Article 3950, Art. 4001) (hereinafter referred to as Federal Law of August 7, 2001 No. 115-FZ) and Federal Law of July 10, 2002 No. 86-FZ “On the Central Bank of the Russian Federation (Bank of Russia)” (Collected Legislation of the Russian Federation, 2002, No. 28, art. 2790; 2003, No. 2, art. 157; No. 52, art. 5032; 2004; No. 27, art. 2711; No. 31, art. 3233; 2005, No. 25, art. 2426; No. 30, art. 3101; 2006, No. 19, art. 2061; No. 25, art. 2648; 2007, No. 1, art. 9, art. 10; No. 10, art. 1151; No. 18, art. 2117; 2008, No. 42, art. 4696, art. 4699; No. 44, art. 4982; No. 52, art. 6229, art. 6231; 2009, No. 1, Art. 25; No. 29, art. 3629; No. 48, art. 5731; 2010, No. 45, art. 5756; 2011, No. 7, art. 907; No. 27, art. 3873; No. 43, art. 5973; No. 48, art. 6728; 2012, No. 50, Art. 6954; No. 53, art. 7591, art. 7607; 2013, No. 11, art. 1076; No. 14, art. 1649; No. 19, art. 2329; No. 27, art. 3438, art. 3476, art. 3477; No. 30, art. 4084; No. 49, art. 6336; No. 51, art. 6695, Art. 6699; No. 52, art. 6975; 2014, No. 19, art. 2311, art. 2317; No. 27, art. 3634; No. 30, art. 4219; No. 45, art. 6154; No. 52, art. 7543; 2015, No. 1, art. 4, art. 37; No. 27, art. 3958, Art. 4001; No. 29, art. 4348; “Official Internet portal of legal information” (www.pravo.gov.ru), October 6, 2015) establishes requirements for identification (including simplified identification) by credit institutions of clients, client representatives (including identification of the sole executive body as a representative client), beneficiaries and beneficial owners for the purpose of combating the legalization (laundering) of proceeds from crime and the financing of terrorism (hereinafter - AML/CFT).

Chapter 1. General provisions

1.1. Before accepting services, a credit institution is obliged to identify:

an individual or legal entity, an individual entrepreneur, an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, to whom a credit institution provides services on a one-time basis or who accepts them for services that imply a continuing nature of the relationship when carrying out banking operations and other transactions specified in Article 5 of the Federal Law “On Banks and Banking Activities” (as amended by the Federal Law of February 3, 1996 No. 17-FZ) (Vedomosti of the Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR, 1990, No. 27, Art. 357; Collection of Legislation of the Russian Federation , 1996, No. 6, Art. 492; 1998, No. 31, Art. 3829; 1999, No. 28, Art. 3459; 2001, No. 26, Art. 2586; No. 33, Art. 3424; 2002, No. 12, Art. 1093; 2003, No. 27, Article 2700; No. 50, Article 4855; No. 52, Article 5033, Article 5037; 2004, No. 27, Article 2711; No. 31, Article 3233; 2005, No. 1 , Article 18, Article 45; No. 30, Article 3117; 2006, No. 6, Article 636; No. 19, Article 2061; No. 31, Article 3439; No. 52, Article 5497; 2007, No. 1, art. 9; No. 22, art. 2563; No. 31, art. 4011; No. 41, art. 4845; No. 45, art. 5425; No. 50, art. 6238; 2008, No. 10, art. 895; 2009, No. 1, Art. 23; No. 9, art. 1043; No. 18, art. 2153; No. 23, art. 2776; No. 30, art. 3739; No. 48, art. 5731; No. 52, art. 6428; 2010, No. 8, art. 775; No. 27, art. 3432; No. 30, art. 4012; No. 31, art. 4193; No. 47, art. 6028; 2011, No. 7, art. 905; No. 27, art. 3873, art. 3880; No. 29, art. 4291; No. 48, art. 6728, art. 6730; No. 49, art. 7069; No. 50, art. 7351; 2012, No. 27, art. 3588; No. 31, art. 4333; No. 50, art. 6954; No. 53, art. 7605, Art. 7607; 2013, No. 11, art. 1076; No. 19, art. 2317, art. 2329; No. 26, art. 3207; No. 27, art. 3438, art. 3477; No. 30, art. 4084; No. 40, art. 5036; No. 49, art. 6336; No. 51, art. 6683; Art. 6699; 2014, No. 6, art. 563; No. 19, art. 2311; No. 26, art. 3379, art. 3395; No. 30, art. 4219; No. 40, art. 5317, art. 5320; No. 45, art. 6144; Art. 6154; No. 49, art. 6912; No. 52, art. 7543; 2015, No. 1, art. 37; No. 17, art. 2473; No. 27, art. 3947, Art. 3950; No. 29, art. 4355, Art. 4385), as well as when carrying out professional activities on the securities market (hereinafter referred to as operation, client);

a person (including the sole executive body of a legal entity), when performing a transaction, acting on behalf of and in the interests or at the expense of the client, whose powers are based on a power of attorney, agreement, act of an authorized state body or local government body, law (hereinafter referred to as the client’s representative);

a person who is not a direct participant in the transaction, for whose benefit the client acts, including on the basis of an agency agreement, agency, commission and trust management agreements, when conducting transactions with funds and other property (hereinafter referred to as the beneficiary).

Identification of a legal entity that is a representative of a client is carried out to the extent provided for clients - legal entities, with the exception of the information provided for in Appendix 2 to these Regulations.

When carrying out identification (simplified identification), a credit organization assesses the degree (level) of the client’s risk in accordance with Bank of Russia Regulation No. 375-P dated March 2, 2012 “On the requirements for the rules of internal control of a credit organization in order to counter the legalization (laundering) of income received criminal means, and financing of terrorism”, registered by the Ministry of Justice of the Russian Federation on April 6, 2012 No. 23744, January 27, 2004 No. 31125, March 6, 2004 No. 31531, July 24, 2014 No. 33249, April 10, 2015 No. 36828 (“Bulletin Bank of Russia" dated April 18, 2012 No. 20, dated February 6, 2014 No. 12, dated March 20, 2014 No. 29, dated August 13, 2014 No. 73, dated April 22, 2015 No. 36), (hereinafter referred to as the Regulations of the Bank of Russia No. 375-P) regardless of the type and nature of the operation carried out by the client, or the duration of the established relationship with the client.

An assessment of the client's risk degree (level) is not carried out in cases where identification (simplified identification) of the client is not carried out in established cases.

1.2. A credit institution, with the exception of cases established by Federal Law No. 115-FZ of August 7, 2001 and these Regulations, is obliged to take reasonable and accessible measures in the current circumstances to identify an individual who ultimately directly or indirectly (through third parties, in including through a legal entity, several legal entities or a group of related legal entities) owns (has a predominant participation of more than 25 percent in the capital) of a client - a legal entity or directly or indirectly controls the actions of a client - a legal or individual person, including the ability to determine decisions accepted by the client (hereinafter referred to as the beneficial owner).

A credit institution makes a decision to recognize an individual as a beneficial owner, taking into account the factors provided for by the internal control rules for AML/CFT purposes.

If the ownership structure and (or) organizational structure of a client - a non-resident legal entity - does not imply the presence of a beneficial owner and (or) a sole executive body (manager), the credit institution records information about this in the client’s questionnaire (dossier).

1.3. Identification is not carried out:

in relation to a client, a beneficiary who is a government body of the Russian Federation, a government body of a constituent entity of the Russian Federation, a local government body, a government body of a foreign state, the Bank of Russia;

in relation to beneficial owners in the case of accepting clients who are the persons specified in this paragraph;

in relation to beneficiaries, if the client is the person specified in this paragraph.

The credit institution identifies representatives of the persons specified in this paragraph.

1.4. A credit institution has the right not to identify the beneficiary if:

the client is an organization carrying out transactions with funds or other property specified in Article 5 of the Federal Law of August 7, 2001 No. 115-FZ, or a person specified in Article 7.1 of the Federal Law of August 7, 2001 No. 115-FZ, and the beneficiary is a client of such a client;

the client is a resident bank of a foreign state - a member of the Financial Action Task Force (FATF), which has a rating indicator assigned by a Russian national rating agency or an international rating agency, and is included in the list (register) of operating credit institutions of the corresponding foreign state.

This paragraph does not apply in the event that a credit institution in relation to a client specified in this paragraph, or in relation to a transaction with funds or other property of this client, suspects that they are related to the legalization (laundering) of proceeds from crime. , or financing of terrorism.

1.5. If the beneficiary cannot be identified by the credit institution before accepting the client for service due to the absence of the beneficiary in the transactions he plans to carry out, the credit institution shall identify the beneficiary (if there is one) within a period not exceeding seven working days from the date of the transaction .

1.6. The credit institution is obliged to update the information obtained as a result of identifying clients, client representatives, beneficiaries, beneficial owners within the time limits established by Federal Law No. 115-FZ of August 7, 2001, as well as update the assessment of the degree (level) of the client’s risk within the time limits established by the Federal Law Law of August 7, 2001 No. 115-FZ to update information obtained as a result of identification of clients, client representatives, beneficiaries, beneficial owners.

Updating the information obtained as a result of identifying clients, client representatives, beneficiaries, beneficial owners of the client, as well as updating the assessment of the degree (level) of the client’s risk is carried out in relation to clients who are served by the credit institution at the time the credit institution becomes obligated to update the relevant information , assessing the degree (level) of risk of the client.

Updating of information obtained as a result of identification of a client, client representative, beneficiary, beneficial owner may not be carried out if the following conditions exist in total:

the credit institution took reasonable and accessible measures under the current circumstances to update information about these persons, as a result of which the update of information was not completed;

from the date of taking measures to update information about these persons, no transactions were carried out by the client or in relation to the client (with the exception of transactions to credit funds received to the client’s account (deposit).

When a client contacts a credit institution to carry out a transaction, updating information about the specified client, client representative, beneficiary, or beneficial owner must be completed before the transaction is carried out.

Chapter 2. Procedure for identifying clients, client representatives, beneficiaries, beneficial owners and updating information about them

2.1. When identifying a client, a client’s representative, a beneficiary, or a beneficial owner, a credit institution, independently or with the involvement of third parties, collects information and documents provided for in this Regulation, documents that are the basis for carrying out banking operations and other transactions.

Taking into account the requirements of these Regulations, a credit institution has the right to collect other information (documents) independently determined by it in the internal control rules for AML/CFT purposes.

If a credit organization involves third parties in collecting information and documents specified in this paragraph, identification of the client, client representative, beneficiary, beneficial owner is carried out directly by the credit organization or by the person who, in cases established by Federal Law of August 7, 2001 No. 115 -FZ, the identification (simplified identification) has been entrusted.

2.2. When identifying a client, client representative, beneficiary, beneficial owner, as well as when updating information obtained as a result of their identification, the credit institution uses information from the open information systems of government bodies of the Russian Federation, the Pension Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund, posted in the information and telecommunications network “Internet” (hereinafter referred to as the “Internet”), or the Unified System of Interdepartmental Electronic Interaction, including:

information about lost, invalid passports, passports of deceased individuals, lost passport forms;

information about the presence in relation to the client, the client’s representative, the beneficiary and the beneficial owner of information about their involvement in extremist activities or terrorism.

To establish the information provided for in this paragraph, the credit institution uses the appropriate information services posted on the official website of the Federal Migration Service on the Internet or in the Unified System of Interdepartmental Electronic Interaction.

A credit institution also has the right to use other sources of information legally available to the credit institution.

2.3. Update of information obtained as a result of identification of the client, client representative, beneficiary, beneficial owner is carried out by the credit institution in accordance with the procedure established in the internal control rules for AML/CFT purposes, by receiving documents and information directly from the client (client representative) and (or ) by referring to the sources of information specified in these Regulations.

2.4. A credit institution has the right not to carry out re-identification of a client, client representative, beneficiary, beneficial owner, or repeated simplified identification of a client - an individual, if the following conditions exist in total:

identification of the client, client representative, beneficiary, beneficial owner has been previously carried out, and the client is being serviced;

the credit institution has no doubts about the reliability and accuracy of the previously received information;

information about this client, client representative, beneficiary, and beneficial owner is provided with prompt access on a permanent basis in the manner established by the credit institution in the internal control rules for AML/CFT purposes.

2.5. When establishing correspondent relations with a non-resident bank, with the exception of a bank that is a state (national) bank of a foreign state or an interstate bank, the credit organization collects the information provided for in Appendix 2 to this Regulation, as well as information on accepted by such non-resident bank AML/CFT measures.

When establishing correspondent relations with a state (national) bank of a foreign state or an interstate bank, the credit institution collects the information provided for in Appendix 2 to this Regulation, as well as information on the AML/CFT measures taken by such bank.

The decision to establish correspondent relations with the banks specified in this paragraph is made with the consent of the sole executive body of the credit institution or an employee of the credit institution authorized by it.

Chapter 3. Requirements for documents and information provided to a credit institution when identifying clients, client representatives, beneficiaries, beneficial owners

3.1. Documents and information on the basis of which the client, client representative, beneficiary, beneficial owner are identified must be valid on the date of their presentation (reception).

3.2. For identification purposes, original documents or duly certified copies are submitted to the credit institution. If only part of the document is relevant to the identification of the client, client representative, beneficiary, beneficial owner, a certified extract from it can be submitted.

If duly certified copies of documents are submitted, the credit institution has the right to demand the presentation of the originals of the relevant documents for review.

Certain information, the confirmation of which is not related to the need for the credit institution to study the title documents, financial (accounting) documents of the client or identification documents of an individual (for example, telephone number, fax number, e-mail address, other contact information), may be submitted by the client (representative client) without documentary evidence, including words (orally).

The reliability of such information is confirmed by the client in the manner established by the credit institution in the internal control rules for AML/CFT purposes.

Documents drawn up in whole or in any part in a foreign language (with the exception of documents certifying the identity of an individual issued by the competent authorities of foreign states, drawn up in several languages, including Russian) are submitted to the credit institution with a duly certified translation into Russian language. Documents issued by the competent authorities of foreign states confirming the status of non-resident legal entities are accepted by the credit organization subject to their legalization (these documents can be submitted without their legalization in cases provided for by international treaties of the Russian Federation).

The requirement to submit documents to a credit institution with a duly certified translation into Russian does not apply to documents issued by competent authorities of foreign states identifying an individual, provided that the individual has a document confirming the right to legally stay in the Russian Federation (for example, a visa , migration card).

In cases and in the manner provided for by the credit organization in its internal documents, a document (part of it) is translated into Russian by an employee of the credit organization or an employee of a person who, on the basis of Federal Law dated August 7, 2001 No. 115-FZ, has been granted the authority to carry out identification , or an employee of a specialized organization providing translation services. The transfer must be signed by the person who made it, indicating the last name, first name, patronymic (if there is one), position or details of the identity document of the person who made the transfer.

3.3. A credit institution independently determines in its internal control rules for AML/CFT purposes the requirements for documents of a client who is a legal entity, individual entrepreneur, or individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, the period of activity of which does not exceed three months from the date of its registration and does not allow the credit institution to submit the information (documents) specified in Appendix 2 to this Regulation, as well as the requirements for documents of a non-resident legal entity submitted in accordance with subclause 2.7 of clause 2 of Appendix 2 to this Regulation.

Chapter 4. Features of customer identification when performing certain types of banking operations and other transactions

4.1. When carrying out simplified client identification, identification, including simplified identification, of the client’s representative, beneficiary and beneficial owner is not carried out.

4.2. When performing transactions using a payment (bank) card without the participation of an authorized employee of a credit institution - acquirer or another credit institution that is not an issuing credit institution, the client is identified by the credit institution based on the details of the payment (bank) card, as well as codes and passwords. In this case, identification of the client’s representative, beneficiary and beneficial owner is not carried out.

Chapter 5. Client questionnaire (dossier)

5.1. Information about the client, client representative, beneficiary, beneficial owner, given in this Regulation, is recorded by the credit institution in the client’s questionnaire (dossier), which is a separate document or set of documents drawn up on paper and (or) electronic media.

The form of the client's questionnaire (dossier) is determined by the credit institution in the internal control rules for AML/CFT purposes.

At the discretion of the credit institution, other information may also be included in the client’s questionnaire (dossier).

The client's questionnaire (dossier), completed electronically, when transferred to paper, is certified by the signature of an authorized employee of the credit institution.

5.2. The information specified in the client’s questionnaire (dossier) can be recorded and stored by the credit institution in an electronic database, to which employees of the credit institution who identify the client, client’s representative, beneficiary, beneficial owner can be provided with prompt access on a permanent basis to check the information about the client, client representative, beneficiary, beneficial owner.

5.3. The client's questionnaire (dossier) must be stored in a credit institution for at least five years from the date of termination of relations with the client.

Chapter 6. Final provisions

6.1. This Regulation comes into force 10 days after the day of its official publication in the Bulletin of the Bank of Russia.

In its internal control rules for AML/CFT purposes, a credit institution independently determines the number and types of documents from those specified in this subclause, which are used by the credit institution to determine the client’s financial position.

2.8. Information about business reputation (reviews (in free written form) about the legal entity from other clients of this credit institution who have business relations with it; and (or) reviews (in free written form) from other credit institutions in which the legal entity was previously located service, with information from these credit institutions about the assessment of the business reputation of this legal entity).

In its internal control rules for AML/CFT purposes, a credit institution independently determines another type of documents that can be used by a credit institution to determine the client’s business reputation if it is not possible to obtain information in the form of documents listed in this subclause.

2.9. Information about the sources of origin of funds and (or) other property of the client.

2.10. Information about the beneficial owner(s) of the client.

3. Information (documents) received for the purpose of identifying individual entrepreneurs and individuals engaged in private practice in accordance with the legislation of the Russian Federation.

3.1. Information provided for this Regulation.

3.2. Information on registration as an individual entrepreneur: the main state registration number of the entry on the state registration of an individual entrepreneur according to the Certificate of state registration of an individual as an individual entrepreneur (Certificate of making an entry in the Unified State Register of Individual Entrepreneurs of an entry about an individual entrepreneur registered before January 1, 2004 year), place of state registration.

3.3. Information (documents) provided for in this appendix.

The information provided for in this appendix is ​​established if the credit organization exercises the right provided for in subclause 1.1 of clause 1 of Article 7 of Federal Law No. 115-FZ of August 7, 2001.

______________________________

* For reference: Moody's Investors Service, Standard & Poor's, Fitch Ratings.

Appendix 3
to the Bank of Russia
dated October 15, 2015 No. 499-P
“On identification by credit
client organizations,
client representatives,
beneficiaries and beneficiaries
owners in order to counteract
legalization (laundering) of income,
obtained by criminal means,
and financing of terrorism"

Intelligence,
included in the client’s questionnaire (dossier)

1. Information obtained as a result of identification of the client, beneficiary, client representative, beneficial owner specified in and to this Regulation, or information obtained as a result of client identification carried out in accordance with these Regulations.

2. Information on the results of checking the presence (absence) of information regarding the client about his involvement in extremist activities: date of verification, results of verification, if there is information about the client’s involvement in extremist activities or terrorism, the number and date of the list of organizations and individuals, in in relation to which there is information about their involvement in extremist activities or terrorism, containing information about the client, or the number and date of the decision of the interdepartmental coordinating body performing functions to combat the financing of terrorism to freeze (block) funds or other property of the client.

3. Information about the degree (level) of the client’s risk, including justification for the degree (level) of the client’s risk in accordance with Bank of Russia Regulation No. 375-P.

4. The date of the beginning of the relationship with the client, in particular the date of opening the first bank account, deposit account, as well as the date of termination of the relationship with the client.

5. Date of registration of the questionnaire, dates of updates to the client’s questionnaire (dossier).

6. Last name, first name, patronymic (if any), position of the employee of the credit institution who made the decision to accept the client for service, as well as the employee who filled out (updated) the client’s questionnaire (dossier).

7. Other information at the discretion of the credit institution.

Document overview

A new regulation has been approved on the identification of clients, their representatives, beneficiaries and beneficial owners by credit institutions in order to combat the legalization (laundering) of criminal proceeds and the financing of terrorism.

Amendments to the anti-money laundering law, the requirements of international standards in this area, as well as the experience of law enforcement practice accumulated by the Bank of Russia were taken into account.

In particular, requirements have been established for the list of information received for identification purposes, rules for recording and updating them, and a procedure for conducting simplified identification of clients - individuals.

The regulation comes into force 10 days after the date of its official publication in the Bulletin of the Bank of Russia.

01 August 2019, 18:21

Currently, the most promising segment of the microfinance market is online (on-line) lending. Its share in the total volume of microloans issued is only increasing every year. But, from March 29, 2016, the entire market of microfinance organizations (MFO) was divided by the legislator into two groups: microcredit companies (MCC) and microfinance companies (MFC). This division introduced significant changes and restrictions for online MFOs, primarily in terms of the possibility of conducting remote (online) identification of borrowers without visiting the MFO office. Let's try to figure it out Does an online MFO have the right to carry out such identification? subject to the provisions Federal Law of 07.08.2001 No. 115-FZ"On combating the legalization (laundering) of proceeds from crime and the financing of terrorism" (hereinafter referred to as Federal Law No. 115)?

IMPORTANT! This The article is valid until September 30, 2019. As of October 1, 2019, amendments to Federal Law No. 115 come into force, which change the procedure for remote identification of MFOs of their clients (borrowers), and therefore This article will be updated.

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On March 29, 2017, changes to Federal Law of July 2, 2010 No. 151-FZ“On microfinance activities and microfinance organizations” (hereinafter referred to as Federal Law No. 151), according to which a microfinance organization (MFO) is divided into a microcredit company (MCC) and a microfinance company (MFC). In fact it's divided all microfinance organizations into those who can issue online loans and those who are prohibited from doing so.

In accordance with paragraph 1 of Art. 2 Federal Law No. 151:

Microfinance organization (MFO)- a legal entity that carries out microfinance activities and information about which is entered into the state register of microfinance organizations in the manner prescribed by Federal Law No. 115. Microfinance organizations can carry out their activities in the form of a microfinance company or a microcredit company.

Microcredit company (MCC)- type of microfinance organization carrying out microfinance activities, taking into account the established parts 1 and 3 of Art. 12 Federal Law No. 151 restrictions, which has the right to attract funds from individuals who are its founders (participants, shareholders), as well as legal entities, to carry out such activities.

Microfinance company (MFC)- type of microfinance organization carrying out microfinance activities, taking into account the established parts 1 and 2 of Art. 12 Federal Law No. 151 restrictions that meet the requirements of Federal Law No. 151 and regulations of the Bank of Russia, including to its own funds (capital), and has the right to attract funds from individuals, including those who are not its founders (participants, shareholders), subject to the restrictions established by clause 1, part 2, art. 12 Federal Law No. 151, as well as legal entities.

In details What is the difference between MCC and IFC? We previously wrote in one of our articles posted on. Now let's look at the fundamental difference between MCC and MFC in terms of remote identification borrowers when providing online loans within the framework of fulfilling the requirements of Federal Law No. 115.

In accordance with clause 1.5-2 of Art. 7 Federal Law No. 115 only a microfinance company (MFC) has the right to assign based on the contract credit organization identification or simplified identification client - individual, as well as identification of the client’s representative, beneficiary and beneficial owner in order to conclude a consumer loan (loan) agreement with the specified client, provided to the client - an individual through the transfer of funds in accordance with the legislation on the national payment system.

Requirements for microfinance companies (MFCs), which in accordance with clause 1.5-2 of Art. 7 Federal Law No. 115 may entrust credit institutions with identification or simplified identification, established By Directive of the Bank of Russia dated July 20, 2016 No. 4078-U"On the requirements for credit institutions that may be entrusted with identification or simplified identification, as well as for microfinance companies that may entrust credit institutions with identification or simplified identification" (hereinafter - Central Bank Directive No. 4078).

As follows from paragraph 3 of Central Bank Directive No. 4078, microfinance company (MFC), which in accordance with clause 1.5-2 of Art. 7 Federal Law No. 115, on the basis of an agreement, may instruct credit institutions to carry out identification or simplified identification, must meet the following requirements:

1. carrying out activities in the form of a business company;
2. carrying out microfinance activities for at least 2 (two) years from the moment information about it is entered into the state register of microfinance organizations (MFOs);
3. membership in a self-regulatory organization (SRO) in the financial market;
4. absence in the Unified State Register of Legal Entities (USRLE) of a record of unreliable information about such a microfinance company.

Thus, in order to entrust a credit institution with identification or simplified identification of a client - an individual for the purpose of combating the legalization (laundering) of proceeds from crime and the financing of terrorism (AML/CFT), it is necessary not only to have the status of an IFC, but also to comply with all of the above requirements.

Please note that Federal Law No. 115 does not contain separate rules in relation to microcredit companies (MCC). However, Federal Law No. 115 uses a separate term - simplified client identification. Let's look at it in more detail.

In accordance with Art. 3 Federal Law No. 115:

Identification is a set of measures to establish certain information in Federal Law No. 115 about clients, their representatives, beneficiaries, beneficial owners, authentication this information using original documents and/or appropriately certified copies. For example, for individuals, such a document will be a passport or other identity document.

Simplified client identification- an individual (hereinafter - simplified identification) - carried out in cases established by Federal Law No. 115, a set of measures to establish in relation to a client - an individual surname, name, patronymic (unless otherwise follows from the law or national custom), series and number of an identity document, and confirm the accuracy of these information in one of the following ways:

1. using original documents and (or) duly certified copies documents;
2. using information from information systems of public authorities, the Pension Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund (MHIF) and (or) the state information system determined by the Government of the Russian Federation;
3. using unified identification and authentication system when using an enhanced qualified electronic signature (ECES) or a simple electronic signature (PES), provided that when issuing a simple electronic signature key the identity of an individual is established during a personal reception.

In accordance with clause 1.11 of Art. 7 Federal Law No. 115 simplified identification of a client - an individual can be carried out upon conclusion consumer credit (loan) agreement taking into account the features established by clause 1.12-1 of Art. 7 Federal Law No. 115, provided that all calculations are carried out exclusively in cashless form on accounts opened in Russian credit organization.

Clause 1.12 art. 7 Federal Law No. 115 establishes that simplified identification of a client - an individual is carried out in one of the following ways:

1. through personal representation by a client - an individual, original documents and (or) duly certified copies of documents;
2. through referral by a client - an individual credit organization (CO), a non-state pension fund (NPF), a professional participant in the securities market (PSMP), a management company of an investment fund, a mutual investment fund or a non-state pension fund (MC UIF), including in electronic form, the following information about yourself: surname, name, patronymic (unless otherwise follows from the law or national custom), series and number of the identity document, insurance number of the individual personal account (SNILS) of the insured person in the personalized accounting system of the Pension Fund of the Russian Federation, and (or) taxpayer identification number (TIN), and (or) number of the compulsory health insurance policy (CHI) of the insured person, as well as subscriber number client - an individual using the services mobile radiotelephone communications. From clause 1.13 of Art. 7 Federal Law No. 115 it follows that if received, including using a unified system of interdepartmental electronic interaction (SMEV), from the information systems of government bodies, the Pension Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund (MHIF) and (or) state information system defined by the Government of the Russian Federation, confirming the coincidence of the information specified in paragraphs. 2 clause 1.12 art. 7 Federal Law No. 115 ( that is, the information specified in this paragraph), with information in the specified information systems, as well as when the client - an individual confirms the receipt of information on the mobile radiotelephone subscriber number specified by him, ensuring the passage of simplified identification (including the possibility of using an electronic means of payment), the client - an individual is considered to have completed the simplified identification procedure in order to provide the client with a consumer loan (loan), taking into account the features established by clause 1.12-1 of Art. 7 Federal Law No. 115;
3. through passage by a client - an individual authorization in the unified identification and authentication system (USIA) using an enhanced qualified electronic signature or a simple electronic signature, provided that when issuing a simple electronic signature key the identity of an individual is established during a personal meeting, indicating the following information about yourself: last name, first name, patronymic (unless otherwise follows from the law or national custom), insurance number of the individual personal account (SNILS) of the insured person in the personalized accounting system of the Pension Fund of the Russian Federation. In fact, the ESIA is used for registration and authorization on the State Services portal. This means that the borrower must first, before concluding a loan agreement, registered on the State Services portal. To do this, as part of the initial registration on the State Services portal, you need personal presence of the borrower.

The first and third methods of simplified identification Not suitable for issuing online loans, as they require personal presence of the borrower, which does not allow remote (remote) identification.

Microfinance organizations (MFOs), including MCCs and MFCs, are NOT entitled to use the second method of simplified identification, since microfinance organizations (MFOs) are not included by the legislator in the list of organizations to which individual clients can send information about themselves.

But, seconda method for simplified identification of borrowers will be legal if the IFC, in accordance withclause 1.5-2 art. 7 Federal Law No. 115 will instructbased on the contractcredit organization (CO) carrying out identificationor simplified identification borrowers - individuals.

At the same time, the use of the second method of simplified identification by the ICC will in any case be illegal, since such a right is Federal Law No. 115 not provided for MKK. However, despite this, the majority of online MFOs in the form of MCCs carry out remote identification of borrowers using the second method, thereby violating the requirements of Russian legislation in the field of AML/CFT and taking on the risk of a supervisory response from the Bank of Russia.

In conclusion, we note that according to clause 1.12-1 of Art. 7 Federal Law No. 115 provisions clauses 1.11 and 1.12 art. 7 Federal Law No. 115 applies to consumer credit (loan) agreements, the amount of which does not exceed 15,000 rubles or an amount in foreign currency equivalent to 15,000 rubles provided to a client - an individual through translation funds in accordance with the legislation on the national payment system in favor of the client - an individual.

Thus, in accordance with the current legislation of the Russian Federation carry out remote identification and issue online loans without the borrower visiting the MFO office Only microfinance companies (MFCs) CAN by means of an order on the basis of an agreement with a credit institution, identification or simplified identification of a client - an individual. Wherein microcredit companies (MCCs) DO NOT HAVE such a right.

In the case of a microcredit company (MCC) to provide an online loan in order to comply with the requirements of Russian legislation the borrower needs to visit the MCC office at least 1 (one) time for its initial identification. Very often, in the personal lending market, identification is carried out by MCC employees themselves, visiting the borrower’s address. This identification method allows you to comply with the requirements of Russian legislation in the field of AML/CFT, significantly reduce MCC costs and not open additional service offices.

Many subjects of the Federal Law of August 7, 2001 No. 115-FZ “On Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism” (hereinafter referred to as Federal Law No. 115-FZ) are familiar with the term “identification” and the verification procedure client in order to combat the legalization (laundering) of proceeds from crime and the financing of terrorism (hereinafter - AML/CFT), however, not all entities have still understood another similar term “simplified identification”. We at U-Piter Consulting are often contacted with questions about the differences between regular identification and simplified identification and which subjects of Law No. 115-FZ have the right to carry it out. For this reason, I decided to write a short article on this topic.

Your employees can also undergo training in our company on the program “Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism” with the issuance of a certificate of the established form. Our company is accredited by the International Training Center for Financial Monitoring (Moscow) and conducts AML/CFT/CFT training . The training is conducted remotely (online course), so you can take part in the webinar while at your work or home computer.