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January 10, 2002 Unofficial translation LAW OF UKRAINE "On Amending the Law of Ukraine On Prevention and Counteraction of the Legalization (Laundering) of the Proceeds from Crime" The Verhovna Rada of Ukraine resolves: I. To amend the Law of Ukraine On Prevention and Counteraction of the Legalization (Laundering) of the Proceeds from Crime of November 28, 2002, as follows: 1. To replace in second part of the article 5 the words 'shall establish the monitoring procedure' with the words 'in accordance with the requirements of current legislation and regulations of the Authorized Agency shall establish the rules for conducting the internal financial monitoring'. 2. In Article 6: to replace paragraph 3 in part three by the following sentence: 'An entity of initial financial monitoring shall be provided with a copy of legalized quotation from trade, banking or judicial register or proof of registration by local authorities of foreign state regarding registration of the legal entity, certified by a notary'; to replace part five with the following text: 'In case when a person represents another person or if an entity of initial financial monitoring has doubts about whether a person acts in its own name or a beneficiary is another person, an entity of initial financial monitoring is obligated to identify, according to the provisions of this Article and other laws that regulate such procedure, a person, on behalf of which the financial transaction is executed, or a beneficiary.' 3. To delete parts three and four of Article 7. 4. In Article 8: in part six to delete the words 'arising as the result of the internal financial monitoring conducted as per Article 5 and 12 of this Law'; to amend part nine with words: 'with the exception of cases, provided by the Article 13 of this Law'. 5. In Article 12: in paragraph one after words 'specified by this Article' to delete word 'including'; in paragraph one of point 1 words 'legal aim' replace with words 'legal aim, including'; in paragraph one of point 2 words 'such entity' replace with words 'such entity, including'; in paragraph one of point 3 words 'this Law' replace with words 'this Law, including'; to amend it with the following second part: 'Internal financial monitoring can also be applied to other financial transactions, when an entity of initial financial monitoring has grounds to believe that a financial transaction is aimed at legalization (laundering) of proceeds.' 6. To amend the Article 14 with the following paragraph: 'to issue regulations, necessary for performing its tasks and functions as per Article 13 of this Law.' II. This Law shall become effective on the same date as the Law of Ukraine On Prevention and Counteraction of the Legalization (Laundering) of the Proceeds from Crime. President of Ukraine L.KUCHMA Kyiv December 24, 2002 N 345-IV |