The most “terrible” law, or what legal, accounting and real estate organizations should do with 115-FZ

Who submits reports to Rosfinmonitoring

The main law establishing the need for financial monitoring is Federal Law No. 115-FZ “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism” dated 08/07/2001.

The Decree of the Government of the Russian Federation dated January 27, 2014 No. 58 states that the following are subject to registration with Rosfinmonitoring:

• leasing companies;
• payment acceptance operators;
• organizations and individual entrepreneurs providing intermediary services in real estate purchase and sale transactions;
• organizations carrying out transactions with funds or other property.

In this case, organizations are required to independently register within 30 calendar days from the date of state registration or amendments to the Unified State Register of Legal Entities and the Unified State Register of Individual Entrepreneurs, but no later than the business day preceding the day of concluding the first contract for the provision of a controlled type of service.

Let's consider which organizations fall under the criterion of carrying out transactions with cash or other property. This list includes a large number of different organizations: credit organizations, professional participants in the securities market, insurance organizations, pawnshops, organizations involved in the purchase and sale of jewelry, bookmakers and many others.

Thus, the scope of this law is quite wide.

Reporting to Rosfinmontoring - “quarterly” report in the form of FES

In accordance with the legislation of the Russian Federation in the field of AML/CFT, the obligation to register a personal account (PA) on the Internet portal of Rosfinmonitoring (RFM) and submit reports, including quarterly reports, in the form of formalized electronic messages (FES) rests with ALL, without exception. , organizations and individual entrepreneurs (IP), the full list of which is established by Art. 5 of the Federal Law of 07.08.2001 No. 115-FZ “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism” (Federal Law No. 115). Let us consider this issue in more detail, taking into account the current legislation of the Russian Federation in the field of AML/CFT.

In accordance with paragraphs. 6-7 p. 1 art. 7 Federal Law No. 115 organizations and individual entrepreneurs (IP), the full list of which is established by Art. 5 Federal Law No. 115 (hereinafter referred to as supervised organizations in the field of AML/CFT) are obliged to:

• apply measures to freeze (block) funds or other property immediately, but no later than 1 (one) working day from the date of posting on the Rosfinmonitoring website information about the inclusion of an organization or individual in the list of organizations and individuals in respect of which there are information about their involvement in extremist activities or terrorism (hereinafter referred to as the List of Terrorists), or from the date of posting on the Rosfinmonitoring website the decision to apply measures to freeze (block) funds or other property belonging to an organization or individual in respect of which there are there are sufficient grounds to suspect their involvement in terrorist activities (including the financing of terrorism) in the absence of grounds for inclusion in the specified list;
• immediately inform Rosfinmonitoring about the measures taken;
• at least 1 (one) time every 3 (three) months, check the presence among its clients of organizations and individuals in respect of whom measures to freeze (block) funds or other property have been applied or should be applied;
• inform Rosfinmonitoring about the results of such an audit in the form of a “quarterly” formalized electronic message or report in the form of an electronic message (hereinafter referred to as FES or EOS). For credit institutions and non-credit financial organizations (hereinafter referred to as NFO), a quarterly report in the form of FES is submitted to the RFA no later than 3 (three) working days, and for other supervised organizations in the field of AML/CFT no later than 5 (five) working days after the end date conducting an inspection.

At the same time, the complete List of terrorists is posted ONLY in the personal account of the supervised organization in the field of AML/CFT on the Internet portal of Rosfinmonitoring.

The procedure for sending the above information, including the quarterly report in the form of FES, to Rosfinmonitoring for supervised organizations in the field of AML/CFT (except for credit institutions and non-profit organizations) is established by Decree of the Government of the Russian Federation dated March 19, 2014 No. 209 “On approval of the Regulations on the submission of information to The Federal Service for Financial Monitoring of organizations carrying out transactions with funds or other property, and individual entrepreneurs and the sending by the Federal Service for Financial Monitoring of requests to organizations carrying out transactions with funds or other property, and individual entrepreneurs,” and for credit organizations and non-profit organizations (professional participants in the securities market, insurance organizations (except for medical insurance organizations operating exclusively in the field of compulsory medical insurance), insurance brokers, management companies of investment funds, mutual funds and non-state pension funds, credit consumer cooperatives (CPC), in including agricultural credit consumer cooperatives (ACCC), microfinance organizations (MFOs), mutual insurance societies, non-state pension funds (NPF), pawnshops) Directive of the Bank of Russia dated September 19, 2013 No. 3063-U “On the procedure for credit organizations to inform the authorized body about accepted measures to freeze (block) funds or other property of organizations and individuals and the results of checking the presence among their clients of organizations and individuals in respect of which measures to freeze (block) funds or other property have been applied or should be applied” and the Bank’s Instruction Russia dated December 15, 2014 No. 3484-U “On the procedure for submission by non-credit financial institutions to the authorized body of information provided for by the Federal Law “On Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism,” respectively.

Let us note that the verification of the presence among its clients of organizations and individuals in respect of which measures to freeze (block) funds or other property (according to the List of Terrorists) have been applied or should be applied must be carried out by the supervised organization in the field of AML/CFT whenever the List is updated. terrorists in the LoC on the RFA Internet portal. However, the report itself in the form of a FES on the results of such an inspection is submitted to the RFA at least 1 (one) time every 3 (three) months.

Please note that the quarterly report in the form of FES is submitted to the RFA, regardless of the implementation or non-performance of activities, as well as the number of clients (even in the absence of clients).

The key criterion for submitting a quarterly report in the form of a FES to the RFA is the classification of an organization or individual entrepreneur (IP) as a supervised organization in the field of AML/CFT, the full list of which is defined in Art. 5 Federal Law No. 115.

In case of failure to submit quarterly reports in the form of FES to the RFA to date, supervised organizations in the field of AML/CFT must prepare and send appropriate reports to the RFA through the LC for all previous reporting periods starting from June 30, 2013 (for organizations) and from July 31, 2013 year for individual entrepreneurs.

In this case, the risk of bringing a supervised organization in the field of AML/CFT to administrative liability in the form of a fine can be minimized.

Additional clarifications on the issues of generating and submitting a quarterly report in the form of a FES to the RFA can be found in Information Letter of Rosfinmonitoring No. 52 dated May 13, 2016 “On the procedure for providing information on the results of checking the presence among their clients of organizations and individuals in respect of which the applicable or should be applied measures to freeze (block) funds or other property (with the exception of credit institutions."

The supervised organization in the field of AML/CFT does not have a registered personal account on the Rosfinmonitoring Internet portal and/or failure to fulfill the obligations provided for in paragraphs. 6-7 clause 1, article 7 of Federal Law No. 115, entails administrative liability in accordance with part 1 of art. 15.27 of the Code of Administrative Offenses of the Russian Federation in the form of an administrative fine of up to 100 thousand rubles.

Law Firm "DEKART" offers its clients the following services in the field of AML/CFT related to the submission of information to Rosfinmonitoring:

• connecting a personal account (PA) on the Internet portal of Rosfinmonitoring (RFM);
• registration of organizations and individual entrepreneurs with special registration in Rosfinmonitoring and the Assay Chamber of the Russian Federation;
• preparation of quarterly reports in the form of FES;
• consultations on working with LC on the RFA Internet portal, generating messages (reports) in the form of FES and their submission to the RFA;
• registration of a qualified electronic signature (ES) for signing messages in the form of FES in the personal account on the RFA Internet portal;
• comprehensive legal support in the field of AML/CFT.

If you are interested in our services in the field of AML/CFT or simply need advice on the implementation of Russian legislation in the field of AML/CFT, leave a request, and the employees of Law Firm "DEKART" will contact you as soon as possible.

What is subject to control

Transactions that are subject to control by Rosfinmonitoring are presented in Article 6 of Law No. 115-FZ. It states that transactions involving cash transactions, the amount of which exceeds 600,000 rubles, are subject to mandatory control. These include both cash payment transactions and bank deposit transactions. For example, pawn shops and jewelry stores must also report such transactions.

Thus, it is necessary to fill out reports when the amount of purchases exceeds 600,000 rubles. In this case, the method of accounting is not important: by receipt of payments or by shipments made. Legal requirements apply to both legal entities and individuals.

Organizations are obliged to check at least once every three months whether there are organizations and individuals among their clients in respect of whom measures to block funds or other property are applicable or should be applied, and to inform the authorized body about the results of such a check. Thus, the organization has the responsibility to check the list of its counterparties with the list of organizations against which measures have been taken to freeze (block) funds in accordance with Law No. 115-FZ. These lists are regularly published on the Rosfinmonitoring website.

But, for example, for organizations selling jewelry, control is not carried out on transactions in an amount not exceeding 40,000 rubles, or for non-cash payments in an amount not exceeding 100,000 rubles. Exceptions may be cases when employees of an organization suspect that a given buyer is laundering income.

Review of changes to FES forms in Rosfinmonitoring

Review of changes to FES forms in Rosfinmonitoring

03/18/2021 00:56 We previously
wrote that from July 1, 2022, non-credit financial institutions will be required to send messages to Rosfinmonitoring in format 1.5.
Some of these changes are presented in our review today.

FES numbering, particularly important information and deadlines for submitting overdue messages.

It has been established that the numbering of messages is the same for all types of NFO messages (data type “Record ID in the FES represented by the NFO (branch of the NFO)”).

It was determined that if information about a transaction subject to mandatory control, carried out by a client directly at the NFO, is not submitted by the NFO to Rosfinmonitoring within the time limit established by Federal Law No. 115-FZ, then information about such a transaction is submitted by the organization to the authorized body no later than the working day following the day of its detection.

Information requiring special attention of Rosfinmonitoring must now be marked with a special serial number of the NFO file generated during the day (consists of three characters): Xnn, in which the first digit of the file serial number (X) takes on the value “9”.

The Bank of Russia also disclosed the concept of “non-resident”, used in the context of filling out the FES - this is a person defined in accordance with paragraph 7 of part 1 of Article 1 of the Federal Law of December 10, 2003 No. 173-FZ “On Currency Regulation and Currency Control”.

Changes in the FES on mandatory control operations and suspicious transactions.

The FES on transactions subject to mandatory control, on suspicious transactions, as well as on transactions suspended in accordance with paragraph 10 of Article 7 and (or) paragraph 8 of Article 7.5 of Federal Law No. 115-FZ excludes the obligation to indicate information about a legal entity (branch (representative office) of a legal entity), sole executive body, individual entrepreneur, as well as some other persons, relevant as of the date of submission of information to Rosfinmonitoring. The indicator “Date of transaction recognition as suspicious” was excluded from the same FES. An expanded description of the indicator “Name of the bank” of the subsection “Information about the credit institution (branch of the credit institution) in the case of a transaction using a bank account” is given. So, for example, for a resident credit organization, the abbreviated corporate name of the credit organization is indicated in accordance with the BIC directory or the Book of State Registration of Credit Institutions. And in the column “Additional information” the information that served as the basis for classifying the operation as an operation requiring special attention of Rosfinmonitoring will now be indicated.

Changes in the “quarterly” report to Rosfimonitoring.

The regular client verification report will also undergo changes.

Thus, the following indicators are excluded from the FES:

— Total number of clients – organizations and individuals;

— Number of clients – organizations;

— Number of clients – individuals.

It has been established that the period inspected within the report is calculated from the day following the end of the previous inspection to the end date of the current inspection.

The structures of other indicators were also changed in this report.

Changes in reference books for filling out FES.

The directory of codes for the types of documents that are the basis/confirmation of the operation (transaction) was supplemented by numerous documents, such as, for example, pledge agreements, agreements on the provision of services for attracting investments, insurance, a writ of execution, a court order, a notary’s writ of execution and others.

The directory of codes for types of organizations, individual entrepreneurs and persons who are subjects of Federal Law No. 115-FZ has been supplemented with new subjects:

— Investment platform operators;

— Operators of financial platforms;

— Operators of information systems in which digital financial assets are issued;

— Digital financial asset exchange operators.

Reduction of indicators in FES.

Adjustments have been made to the various types of data that make up the formal electronic message.

Thus, from the data type “Information about an identification document of a citizen of the Russian Federation, a foreign citizen or a stateless person”, such indicators as “Name of the type of identification document”, “Start date of the validity of the right of stay (residence) in the Russian Federation” are excluded. and “Expiration date of the right of stay (residence) in the Russian Federation.”

And the absence of the need to fill out such indicators as “date of issue of the identification document”, “authority that issued the identification document”, “department code” is now due to the fact of simplified client identification.

For the “Place of Birth” data type, it is established that if there is no information about the place of birth in the identity document, the indicator will indicate “No information”.

In the section “Information about the NFO (branch of the NFO)”, the requirement to indicate the indicators “Date of registration”, “Address (location) of a legal entity (branch of a legal entity) entered in the Unified State Register of Legal Entities, address of residence” and others is excluded.

For the data type “Information about a legal entity (branch of a legal entity, representative office)” it was established that it is acceptable to indicate the full or abbreviated name.

The Bank of Russia made numerous other changes to the “Procedure for the compilation by non-credit financial institutions in electronic form of information provided for in Articles 7, 7.5 of Federal Law No. 115.”

These changes will significantly affect the procedure for filling out FES in Rosfinmonitoring and after July 1, 2022, they will require increased attention from organizations supervised by the Bank of Russia when filling out messages.

About new FES

Well, now is the opportunity to see new message formats within the framework of Rosfinmonitoring Order No. 219 of 10/07/2021.

Let us remind you that this Order came into force on November 15, 2021, however, the ability to generate messages using new formats became available only on December 1, 2021.

And only now we can tell you the detailed changes that have occurred.

Definitely: if you previously used prepared FES templates, then unfortunately, as of December 1, 2021, these templates are no longer relevant and you will not be able to use them.

Having entered your Personal Account, the messages and reports block, you can say for sure that there is very little chance of making a mistake and sending a message in the old format, so the old formats have been moved to the background, in a separate line, indicating the previous version of the email messages.

If you have had the opportunity to work in the Personal Account of Rosfinmonitoring for non-credit financial institutions, you will definitely find some similarities, but there are still differences.

Having previously opened the message preparation block, all the fields to be filled out were lined up on one sheet, in their order, starting with the block - service part, information about the operation, information about the organization. In new formats, everything with the same information is reflected in tabs, where after filling out one tab you move on to another.

In the Service part block, if everything is filled out correctly in your Personal Account (credentials), you only need to enter the serial number of the intraday transaction message.

In the block of information about the organization transmitting the information, you also do not need to fill in anything if the Credentials were previously entered correctly.

In the Information about the organization transmitting the information, you need to add information about the Counterparty/Client, this is where the innovations begin. As we wrote earlier, the following lines appear: Information about the electronic means of payment, Information about the place where cash is accepted, MAC address of network equipment, IP address.

There is no need to enter the legal address and location address; these fields are now excluded.

We also found a very interesting button in the block - Information about the participant in the operation. This is a button - Fill from file. Now there is no need to constantly enter the same information for the same client, but you can enter it once, save it and then simply load it in the future. This is the feature that everyone has been dreaming about for a long time.

At first glance, everything is simple, it even seems that filling out messages has become easier, but you need to be careful and if you have any questions, refer to Order No. 219 of Rosfinmonitoring dated 10/07/2021, where everything is described in detail.

If you do not have the opportunity to familiarize yourself with the Order or have difficulties in generating messages in new formats, you can always contact us for advice.

Order of Rosfinmonitoring dated April 22, 2015 No. 110

3.1. An organization, an individual entrepreneur, or a person, when forming a FES, is guided by the recommendations given in the description of the structures of the relevant FES, approved by Rosfinmonitoring.

3.2. Each FES submitted to Rosfinmonitoring by an organization, an individual entrepreneur, or a person is assigned a special ten-digit message number and a message date, which are unique identifiers and can be used when referring to messages from an organization, an individual entrepreneur, or a person, in cases where errors are detected and requests for additional information are received. information.

The FES number is generated by an organization, individual entrepreneur, person for each message separately in ascending order, within one calendar year of submission of the FES, starting with the number “YXXX00001”, where:

“Y” – type of FES, assigned when selecting the appropriate type of FES for presenting information.

For FES 1-FM “Y” = “01”, for FES 2-FM “Y” = “02”, for FES 3-FM “Y” = “03”, for FES 4-FM “Y” = “04” "

“XXX” is the code of the organization’s branch, which is assigned by the organization independently in the case of submission of the FES by the branch. Otherwise, the value “000” is set.

3.3. Upon receipt of the FES, Rosfinmonitoring carries out procedures for verifying the electronic signature, including identification of the sender of the FES, the integrity of the message, as well as format and logical control.

3.4. The primary FES must have the value of the “Message type” attribute – “1 – adding a new record”.

3.5. Based on the results of processing the received FES, Rosfinmonitoring creates and places in the Personal Account, as well as in the automated workstation used, the FES Processing Log, given in Appendix No. 1 to this Instruction, and the correctly submitted FES is considered accepted (the value “accepted” is assigned).

3.6. Submitted by an organization, individual entrepreneur, FES person and not accepted by Rosfinmonitoring is considered rejected (the status “rejected” is assigned).

3.7. FES is not accepted by Rosfinmonitoring in the following cases:

– incorrect filling of the FES;

– if the message is not signed with an enhanced qualified electronic signature or the electronic signature is unreliable;

– provision of information in incomplete volume;

– submission by an organization, individual entrepreneur, person of a message on paper;

– presentation of information in structures other than those approved by these Instructions and/or in formats other than formats approved by Rosfinmonitoring.

3.8. Unaccepted (rejected) FES are excluded from further processing, and the FES Processing Log, given in Appendix No. 1 to these Instructions, is placed in the Personal Account, as well as in the automated workstation used, with information about the impossibility of accepting the FES, indicating specific reasons for non-acceptance of the message.

3.9. Upon receipt of information about the impossibility of accepting a message, an organization, individual entrepreneur, person takes measures to eliminate the reasons for non-acceptance of the FES, corrects the comments indicated by Rosfinmonitoring and no later than three working days following the day the specified information is posted in the Personal Account or AWS, submits the corrected message in its entirety to Rosfinmonitoring .

3.10. The corrected FES should have the value of the element “Type of message” - “2 – correction of record”, and in the elements “Message number” and “Message date” the number and date of the initially submitted FES should be indicated, and in the details “Date of correction/replacement of record” the date should be indicated submission of a corrected/replacement message, with the obligatory completion of the element “Rosfinmonitoring message identifier”.

3.11. In case of correction of a message submitted in the form that was in force before the entry into force of Rosfinmonitoring Order No. 110 of April 23, 2015 “On approval of the Instructions on the submission to the Federal Service for Financial Monitoring of information provided for by 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 the Order), the amended FES is submitted according to the structures established by this Instruction, without the mandatory completion of elements of the message that were missing in the previously valid forms.

* There may be an error in the source text of the document: it means “dated April 22, 2015.”

3.12. If the FES is rejected due to an incorrect indication of the date of the message, then the elements “Date of message” and “Date of correction/replacement of record” should be assigned the current value, and the element “Message number” - the number of the initially submitted FES.

3.13. If the FES is rejected due to an incorrect indication of the message number, then the corrected FES is assigned the first unused number, and the date of the initially submitted FES is indicated in the “Message Date” element, and the current value must be assigned to the “Date of correction/replacement of record” element.

3.14. FES in respect of which an organization, individual entrepreneur, or person has received the FES Processing Journal given in Appendix No. 1 to this Instruction, containing information about the impossibility of its acceptance by Rosfinmonitoring, and an uncorrected message are considered submitted in violation of the procedure established by this Instruction.

FES corrected in violation of the deadline established by these Instructions is considered, accordingly, to be submitted in violation of the deadline.

3.15. To proactively make changes and additions to a message previously submitted and accepted by Rosfinmonitoring, an organization, individual entrepreneur, person submits a replacement FES in its entirety, having the value of the element “Type of message” - “3 - request to replace an entry”, indicating in the element “Additional information” the changes being made into the message by filling in the “Message ID” element. In this case, the elements “Message number” and “Message date” of the replacement message indicate the date and number of the initially submitted FES, and the element “Date of correction/replacement of record” indicates the date of submission of the corrected/replacement message.

3.16. The replacement message is sent by an organization, individual entrepreneur, or person to Rosfinmonitoring no later than three business days following the day the facts (circumstances) were identified that led to (required) the introduction of changes by the organization, individual entrepreneur, or person to the information previously submitted and accepted by Rosfinmonitoring.

3.17. In the event of proactive changes to a message previously submitted and accepted by Rosfinmonitoring, presented in the form that was in force before the Order came into force, the replacement message is submitted according to the structures established by this Instruction, without the mandatory completion of elements of the message that were missing in the previously valid forms.

3.18. To delete a FES previously submitted and accepted by Rosfinmonitoring, an organization, individual entrepreneur, person sends a request to Rosfinmonitoring in the form given in Appendix No. 2 to this Instruction, with the obligatory indication of the reason for deleting the message, as well as data that allows one to uniquely identify the message about the operation (number message, the date of the message, the message identifier, as well as other additional information contained in the message), and the method of presentation of the message.

This request is signed with an enhanced qualified electronic signature of the head of the organization, individual entrepreneur, person or special official of the organization, individual entrepreneur, person and is sent to Rosfinmonitoring through the Personal Account or AWP.

3.19. If it is impossible to send a request to Rosfinmonitoring through the Personal Account and AWP, until the reasons preventing it from being sent in the prescribed manner are eliminated, an organization, individual entrepreneur, person sends a written request to Rosfinmonitoring in the form given in Appendix No. 2 to this Instruction, signed by the head organization, individual entrepreneur, person or official authorized by him, and certified by the seal of the organization (if there is a seal), individual entrepreneur (if there is a seal), person by courier or registered mail with acknowledgment of delivery, in compliance with measures excluding uncontrolled access to documents during Delivery time.

Control under 115-FZ: answers to questions

An exhaustive list of organizations and individual entrepreneurs obligated to take measures aimed at AML/CFT is determined by Articles 5 and 7.1 of Federal Law No. 115-FZ. This list, among other things, includes organizations and individual entrepreneurs providing legal and accounting services or intermediary services in real estate purchase and sale transactions.

Let's look at some common questions that real estate agencies and realtors have.

• If we are not a party to the purchase and sale of real estate, does that mean we have no obligations to comply with 115-FZ in this part?

This is a misconception. Rosfinmonitoring's intermediary activities in the real estate market also include activities related to the selection of real estate options for their subsequent purchase and sale, assistance in concluding transactions for the purchase and sale of real estate by clients, organizing the sale of real estate on behalf of these persons, conducting inspections of real estate, and presence when concluding such a transaction.

• Our OKVED code 68.31 “Activities of real estate agencies for a fee or on a contractual basis” is not the main one. Does this mean we are not subject to inspection by the regulatory authority?

And this is a mistake. The requirements of AML/CFT legislation apply to subjects of Federal Law No. 115-FZ, regardless of whether the provision of intermediary services in transactions for the purchase and sale of real estate is their main activity or an additional one. And the most “unpleasant” thing: the affiliation of organizations and individual entrepreneurs with the subjects of Federal Law N 115-FZ is determined based on the terms of the concluded agreements and the nature of the business relationships arising within the framework of the implementation of these agreements, including in the absence of the corresponding OKVED code.

For example, if a legal entity or individual entrepreneur, accountant, lawyer, financial consultant is not initially a subject of Federal Law N 115-FZ and does not have the appropriate OKVED codes, and has provided a one-time intermediary service in the purchase and sale of real estate, then he becomes a subject of Federal Law N 115-FZ and is subject to the requirements of AML/CFT legislation.

• I am an individual entrepreneur, registered with Rosfinmonitoring, main OKVED code 68.31. But I don’t actually provide intermediary services. Does this mean that I have ceased to be a subject of 115-FZ and I can not comply with the requirements of this law?

No, doing nothing will not work. If an individual entrepreneur ceases to carry out intermediary activities in the purchase and sale of real estate, then the only correct decision in this situation is to exclude the corresponding OKVED code of group 68.31 from the Unified State Register of Individual Entrepreneurs and submit an application for deregistration to the territorial body of Rosfinmonitoring. And in the future, actually not provide such services. Otherwise, see the answer to the previous question.

• Our real estate agency is registered with Rosfinmonitoring. From January 10, 2021, amendments were made to 115-FZ regarding the abolition of the obligation to provide information if the amount for which the transaction is made is equal to or exceeds 3,000,000 rubles. Can our legal entity be deregistered with Rosfinmonitoring?

No, that's not true. The obligation to comply with the requirements of the subjects of Federal Law N 115-FZ is a whole complex of actions. And the canceled requirement to provide information on a transaction equal to or exceeding 3,000,000 rubles is just one of a whole list. A number of responsibilities remain, for example: to identify and study their clients (their representatives, beneficiaries, beneficial owners), assess their risks, conduct checks for the presence of persons from the Lists among their clients and provide information about such checks to Rosfinmonitoring, identify questionable transactions (transactions) ) and inform Rosfinmonitoring about them.

In addition, realtors, lawyers, accountants are required to:

• register a Personal Account on the Rosfinmonitoring website, and realtors should also register with Rosfinmonitoring;
• carry out internal control in accordance with developed and current internal control rules;
• appoint a special official responsible for implementing internal control rules;
• conduct training of employees for AML/CFT purposes (introductory and additional training), undergo targeted training and increase the level of knowledge in the field of AML/CFT;
• use the functionality of the Personal Account, including for viewing/downloading the current List of organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism, decisions of the interdepartmental coordinating body that carries out the functions of combating the financing of terrorism on freezing (blocking) funds or other property, the List of organizations and individuals in respect of which there is information about their involvement in the proliferation of weapons of mass destruction (hereinafter referred to as the Lists);
• taking into account viewing/downloading of the Lists, conduct at least once every three months checks for the presence among your clients of organizations and individuals in respect of whom measures to freeze (block) funds or other property have been applied or should be applied, and provide information about such checks in Rosfinmonitoring (FES 3-FM) - this item is only for realtors;
• identify transactions that raise suspicion of ML/TF and, in the prescribed manner, submit information about them to Rosfinmonitoring (code 6001);
• Conduct internal audits of compliance with internal control rules and other requirements of AML/CFT legislation at least once every six months.

May 15, 2016

On filling out the FES 3-FM report and publishing new messages from Rosfinmonitoring.

Osfinmonitoring issued information letter No. 52 dated May 13, 2016 “On the procedure for submitting information on the results of checking the presence among its clients of organizations and individuals in respect of which measures have been applied or should be applied to freeze (block) funds or other property (with the exception of credit organizations)".

It is noteworthy that this letter contains answers to many questions that Pavel Smyslov had previously sent to the authorized body in order to communicate the results of their consideration to organizations and entrepreneurs, and which had previously been published on our website (for example, HERE), as well as on third-party sites ( for example HERE). Thus, we send relevant and pressing issues to Rosfinmonitoring, which form the basis of the department’s Information Letters.

Rosfinmonitoring emphasized that “zero” quarterly reporting must be sent to the authorized body (FES 3-FM) even if the organization or entrepreneur did not have a single client during the audited period: When generating FES 3-FM, the form indicators will have the value “0 "

From the new explanations of Rosfinmonitoring, which we have not previously written about on our website, we highlight the position of the department that “when forming the FES 3-FM, the indicator “Number of clients” takes into account all clients - organizations and individuals who are served by the organization, with in which both one-time transactions were concluded and business relationships were established that involved the implementation of more than one operation (transaction)” - i.e. even those clients for whom identification was not carried out are indicated (for example, jewelers do not identify individual clients for purchases up to 40,000 rubles for cash and 100,000 rubles for non-cash payments, payment acceptance operators do not identify individual clients when accepting payments up to 15,000 rubles and other cases established by paragraphs 1.1, 1.2, 1.4 and 1.4-2 of Article 7 of Federal Law No. 115-FZ)

Let us reproduce the list of questions to which Rosfinmonitoring provides its explanations:

— Who should be checked in accordance with subparagraph 7 of paragraph 1 of Article 7 of Federal Law No. 115-FZ?

— Is it necessary to submit a report in the FES 3-FM form every time a new list of organizations and individuals is published in relation to which there is information about their involvement in extremist activities or terrorism, including if it has been received by the authorized body from the competent authority of a foreign state appeals about the possible involvement of an organization or individual in terrorist activities (including the financing of terrorism), the interdepartmental coordinating body performing functions to combat the financing of terrorism may make a decision to freeze (block) funds or other property of the specified organization or individual .

— Is it necessary to submit a report in the FES 3-FM form to Rosfinmonitoring in the event of failure to identify clients in respect of whom measures to freeze (block) funds or other property have been applied or should be applied?

— Is it necessary to submit a report in the FES 3-FM form if the organization or individual entrepreneur did not carry out activities during the audited period?

— How should you conduct a check among your individual clients if they have not been identified in accordance with paragraphs 1.1. 1.2, 1.4 and 1.4-2 of Article 7 of Federal Law No. 115-FZ?

You can read the information letter of Rosfinmonitoring No. 52 at this LINK .

Information letter of Rosfinmonitoring No. 52

Please note that previously, some individual AML/CFT consultants made attempts to independently answer some questions, which were officially answered by Rosfinmonitoring. Some answers from such persons, published including on the Internet, contradict the official position of the authorized body, so we once again draw the attention of our readers to the importance of choosing sources for obtaining information on AML/CFT, because errors in the use of "anti-Vestnik financial monitoring"

— the first free and regular news release in Russia in the field of financial monitoring:

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