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The Cabinet of Ministers of Ukraine




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The Cabinet of Ministers of Ukraine

The National Bank of Ukraine


Resolution

29 January 2003, # 140

Kyiv


On Approval of the Program of Counteraction to Legalization (Laundering) of Proceeds from

Crime for 2003


The Cabinet of Ministers of Ukraine and the National Bank of Ukraine have resolved:

1. To approve the attached Program of Counteraction to Legalization (Laundering) of Proceeds from

Crime for 2003.

2. The control over implementation of the Program of Counteraction to Legalization (Laundering) of

Proceeds from Crime for 2003 shall be given to M. Ya. Azarov, First Vice-Prime-Minister of Ukraine

and Minister of Finance of Ukraine.


V. Yanukovitch,

Prime Minister of Ukraine

S. Tigipko,

Chairman of the National Bank of Ukraine

Ind. 29


APPROVED by the Resolution

of the Cabinet of Ministers of Ukraine and

the National Bank of Ukraine

dated 29 January 2003, # 140


The Program of Counteraction to Legalization (Laundering) of Proceeds from Crime for 2003


For Ukraine, the issues of counteraction to legalization (laundering) of proceeds from crime are urgent.

Their settlement will promote further development of the national economy, including its credit and

finance system, as well as establish democratic foundations of activity of public authorities and local

self-governments.

Additional sanctions were imposed on Ukraine as a non-cooperative country in the sphere of money

laundering by the Financial Action Task Force on Money Laundering (FATF) in December 2002.

The main goal of this Program is to continue the work on establishment of an effective system of

counteraction to legalization (laundering) of proceeds from crime, and to eliminate the reasons and

circumstances that led to imposition of sanctions on Ukraine.


I. Legal regulation, implementation of the Forty Recommendations of FATF into the national

law.

1. Take measures to ensure implementation of the provisions of the Law of Ukraine on Prevention and

Counteraction to Legalization (Laundering) of Proceeds from Crime, hereinafter referred to as the Law,

particularly:

1) Develop and submit for consideration by the Cabinet of Ministers of Ukraine proposals on

introduction of amendments into legal acts resulting from the Law.


State Department of Financial Monitoring, Ministry of Justice, Ministry of Economy, State

Customs Service, Security Service of Ukraine (SBU), State Tax Administration, State

Committee on Border Protection, State Commission on Securities and Stock Market, National

Bank and other central executive authorities.

Till 1 June


2) Bring own regulations in compliance with the Law.


State Department of Financial Monitoring, State Tax Administration, Ministry of Internal Affairs,

Ministry of Economy, Ministry of Justice, State Customs Service, SBU, State Committee on

Border Protection, State Commission on Securities and Stock Market, National Bank and other

central executive authorities.

Till 1 June


3) Develop and approve the procedure of registration of financial transactions subject to financial

monitoring by banks.


National Bank.

I quarter


4) Develop and approve the procedure of submission of information regarding financial transactions

subject to financial monitoring to the State Department of Financial Monitoring by banks.


National Bank.

I quarter


5) Prepare and submit for consideration by the Cabinet of Ministers of Ukraine draft:

Procedure of registration of financial transactions subject to financial monitoring by entities of initial

financial monitoring and of submission of information regarding such financial transactions to the State

Department of Financial Monitoring;

Procedure of registration by the State Department of Financial Monitoring of financial transactions

subject to financial monitoring.


State Department of Financial Monitoring

I quarter


6) Approve the procedure of examination by relevant law enforcement agencies of information about

transactions that may be related to legalization (laundering) of proceeds from crime or terrorism

financing, received from the State Department of Financial Monitoring.


State Department of Financial Monitoring, State Tax Administration, Antimonopoly Committee,

Ministry of Internal Affairs, Ministry of Justice, State Customs Service, SBU, State Committee

on Border Protection, State Commission on Securities and Stock Market, State Commission on

Regulation of Markets of Financial Services with participation of National Bank and Office of

Prosecutor-General of Ukraine.

First half of 2003


7) Prepare and submit for consideration by the Cabinet of Ministers of Ukraine draft procedure of

identification of non-cooperative countries and territories that do not participate in international

cooperation in the field of prevention and counteraction to legalization (laundering) of proceeds from

crime and terrorism financing.


State Department of Financial Monitoring, State Commission on Securities and Stock Market,

State Commission on Regulation of Markets of Financial Services, State Tax Administration,

SBU with participation of National Bank and Office of Prosecutor-General of Ukraine.

I quarter


8) Prepare and submit for consideration by the Cabinet of Ministers of Ukraine draft procedure of

application of Articles 5-8 of the Law with regard to gambling houses and pawnshops.


State Department of Financial Monitoring, State Commission on Regulation of Markets of

Financial Services, Ministry of Internal Affairs, SBU.

III quarter


9) Develop proposals on bringing the acts issued by the President and the Cabinet of Ministers of

Ukraine in compliance with the Law.


State Department of Financial Monitoring, State Tax Administration, Ministry of Internal Affairs,

SBU, State Commission on Securities and Stock Market.

I quarter


2. Prepare and submit for consideration by the Cabinet of Ministers of Ukraine proposals on amending

the Law of Ukraine on Financial Services and State Regulation of Markets of Financial Services and the

Law of Ukraine on Banks and Banking Activities in order to adjust the procedure of identification of

clients and submission of information about financial transactions subject to mandatory financial

monitoring in accordance with the Law, as well as amending certain legislative acts on counteraction to

fictitious business entities.


State Commission on Regulation of Markets of Financial Services, Ministry of Justice, State

Department of Financial Monitoring, State Commission on Securities and Stock Market, State

Tax Administration with participation of National Bank and Office of Prosecutor-General of

Ukraine.

First half of 2003


3. Prepare and submit for consideration by the Cabinet of Ministers of Ukraine draft Law of Ukraine on

Currency Regulation.


Ministry of Economy, Ministry of Finance, State Department of Financial Monitoring, State

Customs Service, State Tax Administration with participation of National Bank and Office of

Prosecutor-General of Ukraine.

First half of 2003


4. Develop a mechanism of legalization of shadow capitals of non-criminal origin on the basis of

generalized and analyzed practice of combating legalization (laundering) of proceeds from crime.


State Department of Financial Monitoring, Ministry of Economy, State Tax Administration,

Ministry of Justice, Ministry of Internal Affairs, SBU with participation of National Bank and

Office of Prosecutor-General of Ukraine.

Second half of 2003


II. Organizational, managerial, informational, scientific and methodical support.

5. Establish a procedure of exercise of legitimate authority to overview and control the compliance of

financial institutions with the Law of Ukraine on Financial Services and State Regulation of Markets of

Financial Services, the Law of Ukraine on Banks and Banking Activities and the Law of Ukraine on

Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime.


National Bank, State Department of Financial Monitoring, State Commission on Securities and

Stock Market, State Commission on Regulation of Markets of Financial Services.

First half of 2003


6. Permanent monitoring of foreign economic operations conducted through offshore areas.


Ministry of Economy, State Customs Service, State Tax Administration, Ministry of Internal

Affairs, SBU with participation of National Bank and Office of Prosecutor-General of Ukraine.

Throughout the year


7. Ensure that the facts of concealing illegal origin of proceeds are uncovered, and their real character,

origin, location, movement and spheres of use (including business, investment and other business-related

and charitable activities, clearing and credit transactions) are determined; undertake measures to search

for, seize and confiscate such proceeds.


State Department of Financial Monitoring, State Tax Administration, Ministry of Internal Affairs,

SBU, State Customs Service, Ministry of Economy.

Throughout the year


8. Conduct measures within the limits of legitimate authorities to detect the facts of use of new

mechanisms of legalization (laundering) of proceeds from crime with use of banking and other financial

technologies.


State Department of Financial Monitoring, State Tax Administration, Ministry of Economy,

Ministry of Internal Affairs, SBU, National Bank, State Commission on Securities and Stock

Market, State Commission on Regulation of Markets of Financial Services.

Throughout the year


9. Continue to study the experience of FATF Member States regarding methodological support of the

organization of combating legalization (laundering) of proceeds from crime; submit proposals to the

Cabinet of Ministers of Ukraine regarding regulation of interaction of relevant public authorities related

to combating legalization (laundering) of such proceeds.


State Department of Financial Monitoring, State Tax Administration, Ministry of Economy,

Ministry of Internal Affairs, SBU, State Customs Service, National Bank, State Commission on

Securities and Stock Market, State Commission on Regulation of Markets of Financial Services.

Second half of 2003


10. Analyze the practice of criminal prosecution for legalization (laundering) of proceeds from crime.

Prepare methodological recommendations about detection and investigation of such crimes based on

the abovementioned analysis.


State Tax Administration, Ministry of Internal Affairs, SBU.

Second half of 2003


11. Generalize the practice of application of laws on counteraction to legalization (laundering) of

proceeds from crime and counteraction to use of proceeds from illegal circulation of drugs and

psychotropic substances, their analogues or precursors.


State Department of Financial Monitoring, Ministry of Justice, Ministry of Internal Affairs, SBU.

Throughout the year


12. Establish a system of training of specialists and methodological support of activities of entities of

initial financial monitoring with regard to prevention and counteraction to legalization (laundering) of

proceeds from crime and terrorism financing.


State Department of Financial Monitoring, State Commission on Securities and Stock Market,

National Bank, State Commission on Regulation of Markets of Financial Services and other

central executive authorities.

Throughout the year


13. Broad media coverage of the results of the work on prevention and counteraction to legalization

(laundering) of proceeds from crime.


State Department of Financial Monitoring together with State Committee on Information Policy,

Ministry of Internal Affairs, SBU and State Tax Administration.

Throughout the year


III. Prevention and detection of offences.

14. Improve the mechanisms of interagency coordination of activities of subunits aimed against illegal

migration, traffic in people as well as drug business, and ensure comprehensive, complete and objective

investigation of cases related to legalization (laundering) of proceeds from crime.


Ministry of Internal Affairs, SBU, State Customs Service and State Committee on Border

Protection.

Throughout the year


15. Establish mutual regular exchange of information, within the limits established by the law, for

detection of use of new mechanisms of legalization (laundering) of proceeds from crime.


State Department of Financial Monitoring, Ministry of Internal Affairs, SBU, State Customs

Service, State Tax Administration, State Commission on Securities and Stock Market, Ministry

of Economy, National Bank, State Commission on Regulation of Markets of Financial Services.

Throughout the year


16. Undertake measures aimed at prevention of offences during privatization of large industrial

enterprises (primarily of fuel and energy complex) aimed at purchase of control packet of shares of such

enterprises with use of proceeds from crime.


State Property Fund, State Tax Administration, State Department of Financial Monitoring,

Ministry of Internal Affairs, SBU, National Bank.

Throughout the year


17. Undertake measures to prevent infiltration of criminal money into statutory funds of financial

institutions and enterprises that are attractive for investors.


State Department of Financial Monitoring, National Bank, State Commission on Securities and

Stock Market, Ministry of Economy, State Tax Administration, Ministry of Internal Affairs,

SBU.

Throughout the year


18. Increase the effectiveness of operative search aimed at detection of organized groups, which have

corrupted ties with authorities, conduct planned in advance criminal activities in financial, banking, and

foreign economic spheres (in particular, during privatization and conversion of enterprises), conduct

illegal operations with arms, drugs and psychotropic substances, conduct traffic in people and legalize

(launder) criminal money.


SBU, Ministry of Internal Affairs, State Tax Administration, State Committee on Border

Protection, State Customs Service.

Throughout the year


19. Undertake measures to close the channels of illegal migration, residence and transit through the

territory of Ukraine of stolen automobiles, drugs and psychotropic substances, as well as to detect the

mechanisms of legalization (laundering) of proceeds obtained in such ways.


State Committee on Border Protection, State Customs Service, Ministry of Internal Affairs,

SBU.

Throughout the year


20. Strengthen control over use of budget funds allocated to business entities for implementation of state

programs.


Ministry of Finance, State Treasury, Main Department of Control and Audit.

Throughout the year


21. Undertake coordinated measures to decrease the arrears of payments to budget by strategically

important for the economy enterprises, timely detect offences committed by officials of such enterprises.


State Tax Administration, SBU, Ministry of Internal Affairs.

Throughout the year


IV. Cooperation of law enforcement agencies with financial institutions.

22. Undertake measures to strengthen control over activities of banks and other financial institutions that

perform initial financial monitoring, with respect to unconditional implementation of the Law regarding

organization of internal financial monitoring, timely submission of information about financial transactions

subject to financial monitoring.


State Department of Financial Monitoring, National Bank, State Commission on Securities and

Stock Market, State Tax Administration, Ministry of Internal Affairs, State Commission on

Regulation of Markets of Financial Services and other central executive authorities.

Throughout the year


V. International cooperation.

23. Ensure permanent participation of Ukraine in international efforts to counteract to legalization

(laundering) of proceeds from crime and terrorism funding, especially in those organized under the

auspices of Council of Europe, the World Bank and IMF.


State Department of Financial Monitoring, Ministry of Justice, Ministry of Foreign Affairs

(MFA), National Bank.

Throughout the year


24. Continue the work to attract international technical assistance to strengthening fight against

legalization (laundering) of proceeds from crime and terrorism financing. Organize working meetings of

representatives of Ukrainian competent authorities and EU Member States to discuss the problematic

issues of work of their subunits, exchange practical experience and coordinate the mechanisms of

interaction among relevant services.


State Department of Financial Monitoring, State Commission on Securities and Stock Market,

State Commission on Regulation of Markets of Financial Services, Ministry of Justice, MFA,

National Bank.

Throughout the year


25. Organize interaction and exchange of information with competent authorities of foreign states and

international organizations engaged in counteraction to legalization (laundering) of proceeds from crime.


State Department of Financial Monitoring, Ministry of Justice, MFA.

Throughout the year


26. Activate cooperation with competent authorities of foreign states in the sphere of combating money

laundering; prepare action plan of accession of the State Department of Financial Monitoring to the

Egmont Group.


State Department of Financial Monitoring, Ministry of Justice, MFA.

Throughout the year


27. Inform interested international organizations, including FATF and PC-R-EV about the measures

undertaken in Ukraine to fight against money laundering, overcome corruption and organized crime, as

well as about the implementation of this Program.


State Department of Financial Monitoring, Ministry of Justice, Ministry of Internal Affairs, SBU,

State Tax Administration, State Commission on Securities and Stock Market, Ministry of

Economy, National Bank, MFA, State Committee on Information Policy, State Commission on

Regulation of Markets of Financial Services.

Throughout the year


28. Continue the work on preparation and signing international agreements of Ukraine regarding

combating legalization (laundering) of proceeds from crime.


Ministry of Justice, State Department of Financial Monitoring, MFA.

Throughout the year


29. Elaborate measures to conduct in Kyiv an international conference on combating legalization

(laundering) of proceeds from crime.


State Department of Financial Monitoring, Ministry of Justice, MFA, Ministry of Internal Affairs,

SBU, State Tax Administration, State Commission on Securities and Stock Market, Ministry of

Economy, National Bank, State Commission on Regulation of Markets of Financial Services.

Second half of 2003

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