A program that regulates the procedure for applying measures to freeze (block) funds or other property. Program that determines the procedure for applying measures to freeze (block) funds or other property Freezing measures

OF THE CLIENT AND THE PROCEDURE FOR CHECKING THE PRESENCE AMONG THEIR CLIENTS OF ORGANIZATIONS AND INDIVIDUALS IN RELATION TO WHICH MEASURES TO FREEZE (BLOCK) CASH OR OTHER PROPERTY ARE APPLIED OR SHOULD BE APPLIED

(Program for freezing (blocking) Money and other property and inspection)
This program for freezing (blocking) funds and other property provides for:

a) the procedure and frequency of carrying out activities to verify the presence or absence of information about the involvement of their Clients, Client Representatives, Beneficiary and Beneficial Owner in extremist activities or terrorism, received in accordance with paragraph 2 of Art. 6 and paragraph 2 of Art. 7.4 federal law;

b) the procedure for interaction with persons in respect of which measures to freeze (block) funds and other property should be applied;

c) the procedure for paying a monthly humanitarian allowance at the expense of frozen (blocked) funds or other property belonging to the recipient of the allowance;

d) informing about the measures taken by the Authorized body.

The procedure for obtaining information posted on the official website of the Authorized Body in the information and communication network "Internet".

In order to comply with the requirements of the current legislation in the field of AML / CFT, the MCC is obliged to monitor the official website of the Authorized Body.
Monitoring of the official website of the Authorized Body is carried out through Personal Area MCC, the login and password to which were received by the MCC when registering on the specified site.
On the website of the Authorized Body, the IWC receives the following information:

about organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism (List of organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism);
on decisions, on the application of measures to freeze (block) funds or other property belonging to an organization or individual, in respect of which there are sufficient grounds to suspect their involvement in terrorist activities (including the financing of terrorism);
other information.

Access to information posted on the official website of the Authorized Body in the information and communication network "Internet" is available to the Responsible Officer of the ICC and employees responsible for working with Clients. Information is received by the said persons at the intervals established by clause 15.3 of these AML/CFT IRCs.

The procedure and frequency of checking the presence among its Clients of persons in respect of which measures to freeze (block) funds or other property have been applied or should be applied, as well as ways to record the results of the audit.

MCC employees responsible for working with Clients are required to check the availability of information about the Client, the Client’s Representative, the Beneficiary, the Beneficial Owner in the list of organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism and / or in the decision to apply measures to freeze (block) funds or other property belonging to an organization or individual, in respect of which there are sufficient grounds to suspect their involvement in terrorist activities (including terrorist financing), before being accepted for service by the Client, as well as when updating information about these persons and during their re-identification.
The responsible officer of the MCC is obliged to check all Clients (full database of MCC Clients) for their presence in the list of organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism, each time the specified list is updated.
The responsible officer of the MCC is obliged to check all Clients (the full database of MCC Clients) for their presence in the decision to apply measures to freeze (block) funds or other property belonging to an organization or individual, in respect of which there are sufficient grounds to suspect their involvement in terrorist activities (including the financing of terrorism), if such a decision is published.
The responsible officer may conduct checks regarding the availability of information about the MCC Clients according to the information of the Authorized Body if there are suspicions regarding the MCC Client, or in order to verify the fulfillment of the obligations stipulated by these AML/CFT ICRs by the MCC employees responsible for working with Clients, in a planned in accordance with Section 10 of these AML/CFT ICRs.
The results of the checks specified in paragraphs. 15.3.2 are recorded by the MCC employee responsible for working with Clients:

in the Client's questionnaire (Appendices No. 1(1), 1(2), 1(3) to these AML/CFT Internal Control Rules);
in an internal message (if there is information about the Clients for the MCC in the information of the Authorized Body).

The MCC employee responsible for working with Clients is obliged to send an internal message to the MCC Responsible Officer immediately (on the day of the inspection).

The results of the checks specified in paragraphs. 15.3.2 - 15.3.4, in the absence of information about the Clients for the MCC in the information of the Authorized Body, are recorded by the Responsible Officer in the certificates of the work done, which are compiled at the end of each month.
The results of the checks specified in paragraphs. 15.3.2 - 15.3.4, if there is information about the Clients for the MCC in the information of the Authorized Body, they are recorded by the Responsible Officer of the MCC in an internal message (indicating the exact time and date of receipt of this information) and submitted for consideration to the head of the MCC immediately (on the day of the checks).
The procedure for conducting quarterly inspections for the presence among the Clients of organizations and individuals in respect of which measures to freeze (block) funds or other property have been applied or should be applied.
1. The responsible officer of the MCC at least once every three months checks the presence among the Clients of organizations and individuals in respect of which measures have been or should be applied to freeze (block) funds or other property.

In essence, the quarterly audit is a duplication of the audits conducted by the Responsible Officer of the MCC, in the manner specified in clauses 15.3.2, 15.3.3 of these AML/CFT ICRs.

The purpose of the quarterly audit is to control the proper implementation of the requirements of the AML / CFT legislation.

The timing of quarterly inspections is approved by order of the head of the MCC.
The results of the quarterly audit are recorded by the Responsible Officer of the ICC in a certificate of work done, which is provided to the head of the ICC.
The certificate of the work done must contain information that must be provided in the message sent to the Authorized Body in the manner prescribed by Section 12 of these IRC. In particular, this certificate must contain:
- date of the previous inspection;
- date of the current inspection;
- the number of verified Clients - organizations;
- the number of verified Clients - individuals;
- the total number of verified Clients - organizations and individuals;

the total number of Clients in respect of which no freezing (blocking) measures were applied;
the number of Clients - organizations in respect of which no freezing (blocking) measures were applied;
the number of Clients - individuals, in respect of which freezing (blocking) measures were not applied.

The Responsible Officer informs the Authorized Body of the results of the audit of the presence among the Clients of organizations and individuals in respect of which measures to freeze (block) funds or other property have been applied or should be applied Russian Federation, in accordance with Section 12 of these AML/CFT IRCs.

In the event of detection among its Clients of persons in respect of which measures have been applied or should be applied to freeze (block) funds or other property, the measures provided for in this section are applied.

The procedure for applying measures to freeze (block) funds and other property.

Deciding on the application of measures to freeze (block) funds and other property.
1. The responsible officer reviews and verifies the information provided (internal message) and reports this to the head of the MCC within the time period that allows the head of the MCC to make a decision on the application of measures to freeze (block) funds or other property - no later than one working day from the date of posting on the network Internet on the official website of the Authorized body of the specified information.
2. The head of the MCC is a person authorized to apply measures to freeze (block) funds or other property of the Client. The head of the MCC decides on the application of measures to freeze (block) funds or other property, with the exception of cases established by paragraph 2.4 of Article 6 of the Federal Law, immediately, on the day of receipt of an internal message from the Responsible Officer and no later than one working day from the date of placement in the Internet on the official website of the Authorized Body of the information specified in paragraphs. 15.2.3 of this section.
3. The head of the ICC informs about decision employees of the MCC who directly carry out actions to freeze (block) the funds or other property of the Client immediately, subject to the obligatory fulfillment of the condition on the application of measures to freeze (block) the funds or other property of the Client no later than one business day from the date of posting on the Internet on official website of the Authorized body of the information specified in paragraphs. 15.2.3 of this section.

The procedure for applying measures to freeze (block) funds or other property of the Client:
1. The MCC stops all actions on the transaction (operation) of the Client to which measures were applied to freeze (block) the funds or other property of the Client (the Client’s instructions to transfer funds are not executed, the funds or other property of the Client are not issued, if this property is found or funds at the disposal of the ICC).
2. All information about the Client (Client's Representative, Beneficiary, Beneficial Owner) to whom measures were taken to freeze (block) funds or other property of the Client and about the transaction with his (their) participation, is recorded in a separate journal in electronic form and on paper . The same log records all the information that allows documenting the Client's operation and identifying all its participants.

In particular, the log records:

information about the Client (Client Representative, Beneficiary, Beneficial Owner) obtained as a result of identification;
grounds for applying measures to freeze (block) funds or other property;
date and time of application of measures to freeze (block) funds or other property of the Client;
type of the Client's property, in respect of which freezing (blocking) measures have been applied, indicating the identifying features of such property).

The register of measures taken to freeze (block) funds or other property of the Clients must contain the dates of the beginning and end of its completion.
The register of measures taken to freeze (block) funds or other property of the Clients must be kept in the MCC for five years from the date of the last entry on the measures taken to freeze (block) funds and other property (from the date of completion of filling).

The procedure for interaction with persons in respect of which measures to freeze (block) funds and other property should be applied.

The responsible employee informs the Clients about the freezing (blocking) of the Client's funds or other property of the Client in connection with the presence of information about him in the list of organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism or decisions of the interdepartmental coordinating body, performing the functions of combating the financing of terrorism, by sending a written notice to the Client, sent within three days from the date of the adoption of the relevant decision by the MCC regarding the Client.

The Responsible Officer of the MCC informs the Authorized Body about the measures taken to freeze (block) the funds or other property of the Client in accordance with the procedure established by the legislation of the Russian Federation, in accordance with Section 12 of these AML/CFT ICRs.

The procedure for paying a monthly humanitarian allowance at the expense of frozen (blocked) funds or other property belonging to the recipient of the allowance:

In order to ensure life individual in respect of which a decision has been made to freeze (block) his funds or other property, as well as members of his family living together with him who do not have independent sources of income, the interdepartmental coordinating body exercising the functions of combating the financing of terrorism makes a decision to appoint this a person a monthly humanitarian allowance in the amount not exceeding 10,000 rubles.

The payment of the said allowance is carried out at the expense of frozen (blocked) funds or other property belonging to the recipient of the allowance.

The procedure and conditions for these payments are regulated by the said decision. The MCC is obliged to be guided by the decision established by the Authorized Body, including in terms of the procedure for paying a monthly humanitarian allowance at the expense of frozen (blocked) funds or other property belonging to the recipient of the benefit and at the disposal of the MCC.
Organizations and (or) individuals who are members of an organization or individual in respect of which a decision has been made to freeze (block) their funds or other property, in civil, labor or other relations giving rise to obligations of a property nature and who have suffered property damage in as a result of freezing (blocking) of funds or other property, has the right to apply to the court with a civil claim against the person in respect of whom a decision was made to freeze (block) his funds or other property, for compensation for property damage.
If the court satisfies the said claim, the recovered amount and legal expenses shall be reimbursed at the expense of frozen (blocked) funds or other property belonging to the defendant.
Accounting and fixing information on the issued funds (humanitarian aid) to Clients - individuals in respect of which a decision has been made to freeze (block) their funds or other property:
1. Accounting for the payments of humanitarian benefits is carried out in the mode accounting and issued by cash receipts.
2. Information on the payment of humanitarian assistance is contained in:

the decision of the interdepartmental coordinating body, which performs the functions of combating the financing of terrorism, to assign a person a monthly humanitarian allowance (the amount of the allowance, the procedure and conditions for its payment are determined);
the order of the head of the MCC on the accrual of a monthly humanitarian allowance to a person (the procedure for payments is determined in accordance with the decision of the interdepartmental coordinating body that performs the functions of combating the financing of terrorism).

All information and documents containing information on the payment of a monthly humanitarian allowance are stored on paper and (or) electronic media in the Client's file.
The specified information and documents are stored for five years from the date of termination of relations with the Client.

The procedure for terminating measures to freeze (block) funds or other property of the Client if the MCC has information about the exclusion of information about such a Client from
a list of organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism or about the termination of the decision of the interdepartmental coordinating body that performs the functions of combating the financing of terrorism, on freezing (blocking) funds or other client's property.

All measures to freeze (block) funds or other property of the Client, taken by the MCC, by order of the head of the MCC, are canceled if information about such a Client is excluded from the list of organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism, or termination of the decision of the interdepartmental coordinating body responsible for countering the financing of terrorism, issued earlier in relation to such a Client, to freeze (block) funds or other property of the Client.

The responsible employee informs the Clients about the termination of the specified measures by sending a written notice to the Client's address, sent within three days from the day the MCC makes the relevant decision regarding the Client.

In the future, the MCC has the right to carry out operations (transactions) with cash or other property at the request of the Client.

This program has been developed taking into account the fact that the MCC, in accordance with the legislation of the Russian Federation, belongs to the category of small enterprises.

FEDERAL SERVICE FOR FINANCIAL MONITORING

INFORMATION

On the application by credit institutions of measures to freeze (block) funds or other property and suspend operations

In connection with the increasing number of requests regarding the application by credit institutions of measures to:

1. refusal to execute the client's order to complete the transaction (clause 11 of Article 7 of Federal Law No. 115-FZ of 07.08.2001 "On Combating the Legalization (Laundering) of Criminally Obtained Incomes and the Financing of Terrorism" (hereinafter - Federal Law No. 115- FZ));

2. refusal to conclude a contract bank account and termination of the bank account (deposit) agreement (clause 5.2 of Article 7 of Federal Law No. 115-FZ);

3. freezing (blocking) of funds (subparagraph 6 of paragraph 1 of Article 7 of Federal Law No. 115-FZ);

4. suspension of operations (clause 10 of Article 7 of Federal Law No. 115-FZ).

Article 5 of Federal Law N 115-FZ establishes a list of organizations that carry out transactions with cash or other property, which are subject to the requirements of Federal Law N 115-FZ. This list also includes credit institutions.

The rights and obligations of organizations carrying out transactions with cash or other property are enshrined in Article 7 of Federal Law N 115-FZ:

1. Clause 11 of Article 7 of Federal Law N 115-FZ provides for the right credit organizations refuse to execute the client's order to complete a transaction if an employee of a credit institution, in the course of implementing the rules internal control there are suspicions that the operation (transaction) is carried out for the purpose of legalization (laundering) of proceeds from crime and financing of terrorism.

2. Clause 5.2 of Article 7 of Federal Law No. 115-FZ provides for the right of credit institutions to:

- refuse to conclude a bank account (deposit) agreement with an individual or legal entity, a foreign structure without forming a legal entity, in accordance with the internal control rules of the credit institution, if there are suspicions that the purpose of concluding such an agreement is to perform operations for the purpose of legalizing ( laundering) proceeds from crime or financing of terrorism;

- terminate the bank account (deposit) agreement with the client if two or more decisions are made during the calendar year to refuse to execute the client's order to complete the operation on the basis of paragraph 11 of Article 7 of Federal Law N 115-FZ.

3. Subparagraph 6 of paragraph 1 of Article 7 of Federal Law N 115-FZ provides for the obligation to apply measures to freeze (block) funds or other property of persons in respect of which there is information about their involvement in extremist activities or terrorism, as well as persons in relation to which 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 List, with the exception of cases established by clause 2.4 of Article 6 of Federal Law No. 115-FZ.

At the same time, in accordance with paragraph 2.4 of Article 6 of Federal Law N 115-FZ, an individual included in the list of organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism, in order to ensure their livelihoods, as well as the livelihoods of those living together with his family members who do not have independent sources of income have the right to:

1) carry out operations with cash or other property aimed at receiving and spending wages in an amount not exceeding 10,000 rubles per calendar month for each specified family member;

2) carry out operations with monetary funds or other property aimed at receiving and spending pensions, scholarships, allowances, other social payments in accordance with the legislation of the Russian Federation, as well as paying taxes, fines, and other obligatory payments for the obligations of an individual;

3) carry out, in the manner prescribed, operations with cash or other property aimed at receiving and spending wages in an amount exceeding the amount specified in subparagraph 1 of this paragraph, as well as making payments on obligations that arose before its inclusion to the specified list.

4. Paragraph 10 of Article 7 of Federal Law N 115-FZ establishes the obligation to suspend the operation, with the exception of operations for crediting funds received to the account of an individual or legal entity, for five working days from the day when the client's order to carry out it must be executed , if at least one of the parties is:

a legal entity directly or indirectly owned or controlled by an organization or individual in respect of which measures have been applied to freeze (block) funds or other property in accordance with subparagraph 6 of paragraph 1 of this article, or an individual or legal entity acting from name or at the direction of such organization or person;

an individual carrying out a transaction with cash or other property in accordance with subparagraph 3 of paragraph 2.4 of Article 6 of Federal Law N 115-FZ.

If, within the period for which the transaction was suspended, Rosfinmonitoring's decision to suspend the relevant transaction for an additional period is not received, on the basis of part three, the above organizations carry out a transaction with cash or other property at the request of the client, unless otherwise decided in accordance with the legislation of the Russian Federation limiting the implementation of such an operation.

In accordance with paragraph 3 of Article 8 of Federal Law N 115-FZ, Rosfinmonitoring issues a resolution to suspend operations with cash or other property specified in paragraph 10 of Article 7 of this Federal Law for up to 30 days if the information received by it in in accordance with paragraph 10 of Article 7 of Federal Law N 115-FZ, based on the results of a preliminary check, it was recognized by him as justified.

At the same time, in accordance with paragraph 9 of Article 7 of the Federal Law of 07.08.2001 N 115-FZ, control over the execution of physical and legal entities of this Federal Law in terms of recording, storing and presenting information on transactions subject to mandatory control, the organization and implementation of internal control is carried out by the relevant supervisory authorities (in cases established by federal laws, institutions subordinated to government bodies) in accordance with their competence and in the manner established by the legislation of the Russian Federation, as well as by the authorized body in the absence of these supervisory bodies or institutions in the field of activity of individual organizations engaged in transactions with funds or other property.

In accordance with Clause 4 of Article 4 of Federal Law No. 86-FZ of July 10, 2002 "On the Central Bank of the Russian Federation (Bank of Russia)", the Bank of Russia supervises the activities of credit institutions and banking groups.

Electronic text of the document
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14.1 This program provides:

the procedure for obtaining information from Rosfinmonitoring on organizations and individuals included in accordance with Article 6 of the Federal Law in the list of organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism or in respect of which, in accordance with Article 7.4 of the Federal Law the interdepartmental coordinating body exercising the functions of combating the financing of terrorism has made a decision to freeze (block) funds or other property;
the procedure for making a decision on the application of measures to freeze (block) funds or other property;
the procedure and frequency of taking measures to verify the presence or absence of organizations and individuals among their clients, in respect of which measures to freeze (block) funds or other property have been applied or should be applied;
informing Rosfinmonitoring about the measures taken to freeze (block) funds or other property and the results of inspections of the presence or absence of organizations and individuals among their clients in respect of which measures to freeze (block) funds or other property have been applied or should be applied;
the procedure for interaction with organizations and individuals in respect of which measures to freeze (block) funds or other property have been applied or should be applied, including the procedure for informing them about the measures taken to freeze (block) funds or other property;
the procedure for fulfilling the requirements established by paragraph 4 of Article 7.4 of the Federal Law, when an appropriate decision is made by the interdepartmental coordinating body that performs the functions of combating the financing of terrorism;
the procedure for making a decision aimed at fulfilling the requirements of paragraphs two and three of paragraph 2.4 of Article 6 of the Federal Law.

14.2. Blocking (freezing) of non-cash funds or book-entry securities - a prohibition addressed to the owner, organizations engaged in transactions with funds or other property, other individuals and legal entities to carry out transactions with funds or securities belonging to an organization or individual included in the List, or an organization or individual in respect of which there are reasonable grounds to suspect their involvement in terrorist activities (including terrorist financing) in the absence of grounds for inclusion in the specified List.

14.3. Blocking (freezing) of property - a prohibition addressed to the owner or possessor of property, organizations that carry out transactions with funds or other property, other individuals and legal entities, to carry out transactions with property owned by an organization or individual included in the List, or an organization or individual, in respect of which 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.

14.4. The entrepreneur is obliged to apply measures to freeze (block) funds or other property, with the exception of cases established by paragraph 2.4 of Article 6 of the Federal Law, immediately, but no later than one business day from the date of posting on the Internet on the official website of the authorized body of information on the inclusion of the organization or an individual to the List, or from the date of posting on the Internet on the official website of the authorized body of a decision to apply measures to freeze (block) funds or other property belonging to an organization or an individual, in respect of which there are sufficient grounds to suspect their involvement in a terrorist activities (including financing of terrorism) in the absence of grounds for inclusion in the specified List, immediately informing the authorized body of the measures taken in the manner established by the Government Russian Federation.

14.5. The procedure for obtaining information from Rosfinmonitoring on organizations and individuals included in the List in accordance with Article 6 of the Federal Law or in respect of which, in accordance with Article 7.4 of the Federal Law, the interdepartmental coordinating body responsible for combating the financing of terrorism has decided to freeze (block) money or other property.

14.5.1. A special official monitors on a daily basis the official website of the authorized body, as well as the Personal Account on the portal of the authorized body in order to obtain information about organizations or individuals included in the List, excluded from the List, or information about changes in information about organizations and individuals, included in the List, as well as other information posted on the official website of the authorized body on the Internet.

14.5.2. The identification data of the Entrepreneur, necessary for access to the Personal Account on the portal of the authorized body, is stored by the Special Official.

14.5.3. The person responsible for receiving information posted on the official website of the authorized body on the Internet is the Special Official.

14.5.4. On the day it is received by the Special Official, the list is brought by the latter to the Entrepreneur's employees who carry out identification by sending it to them in the form of a file by e-mail or by placing it in the internal local network Entrepreneur.

14.6. The procedure for making a decision on the application of measures to freeze (block) funds or other property.

14.6.1. The entrepreneur is obliged to apply measures to freeze (block) funds or other property, with the exception of cases established by paragraph 2.4 of Article 6 of the Federal Law, immediately, but no later than one business day from the date of posting on the Internet on the official website of the authorized body of information on the inclusion of the organization or an individual to the List, or from the date of posting on the Internet on the official website of the authorized body of a decision to apply measures to freeze (block) funds or other property belonging to an organization or an individual, in respect of which there are sufficient grounds to suspect their involvement in a terrorist activities (including financing of terrorism) in the absence of grounds for inclusion in the said List, immediately informing the authorized body of the measures taken in the manner established by the Government of the Russian Federation.

14.6.2. Persons authorized to identify among the clients of organizations and individuals whose funds or other property should be subject to freezing (blocking) measures, using the information of the authorized body, are the Special Official and employees of the Entrepreneur who carry out identification.

The person authorized to apply measures at the Entrepreneur to freeze (block) funds and other property is a Special Official.

14.6.3. If the persons specified in clause 14.6.1 of these Rules are identified, the Special Official immediately prepares an internal order to freeze (block) funds or other property in the form established by the Entrepreneur, and submits the specified order for approval to the Entrepreneur (Appendix 11 to these Rules).

14.6.4. Upon receipt from the Special Official of the internal order specified in clause 14.6.3. of these Rules, the Entrepreneur on the same day immediately takes the final decision to freeze (block) funds or other property, endorse the internal order and return it to the Special Official.

14.6.5. On the basis of an internal order received from the Entrepreneur to freeze (block) funds or other property with the Entrepreneur's visa, the Special Official on the same day immediately takes measures to freeze (block) the funds or other property of the person specified in the order, and notifies of the measures taken measures taken by an employee of the Entrepreneur who performs accounting for the Entrepreneur, an employee responsible for working with this client, and the Entrepreneur in writing in a free form.

14.6.6. All cases of application of measures to freeze (block) funds or other property belonging to the client are recorded by the Special Official in the Logbook of information on the measures taken to freeze (block) funds or other property belonging to the client, in the form established by the Entrepreneur (Appendix 20 to these Rules). The pages of the Journal of information on the measures taken to freeze (block) funds or other property belonging to the client must be numbered, laced and sealed with the Entrepreneur's seal, and the number of sheets in it is certified by the Entrepreneur's signature.

14.6.7. The journal of information on the measures taken to freeze (block) the funds or other property belonging to the client is formed by the Special Official in the first case of freezing (blocking) of the funds or other property belonging to the client from the Entrepreneur and is stored in accordance with the Program for storing information and documents received in as a result of the implementation of programs for the implementation of internal control in order to counteract the legalization (laundering) of proceeds from crime and the financing of terrorism.

14.6.8. The Journal of information on the measures taken to freeze (block) funds or other property belonging to the client records information about the client, the grounds for applying measures to freeze (block) funds or other property, the date and time of application of measures to freeze (block) funds or other property of the client, the type of property of the client, in respect of which freezing (blocking) measures have been applied, indicating the identifying features of such property, other necessary information.

14.6.9. The Special Official is responsible for recording information on the measures taken to freeze (block) funds or other property belonging to the client and for maintaining the above Journal.

14.6.10. The application of measures to freeze (block) the client's funds or other property should be terminated immediately, but no later than one business day from the date of posting on the official website of the authorized body of information on the exclusion of such a client from the List or from the date of posting on the Internet on the official website of the authorized body information on the termination of the decision of the interdepartmental coordinating body exercising the functions of combating the financing of terrorism, issued earlier in respect of such a client, on freezing (blocking) of funds or other property of the client.

14.6.11. In case of posting on the official website of the authorized body of information on the exclusion of an organization or individual from the List, or in the case of posting on the Internet on the official website of the authorized body of information on the termination of the decision of the interdepartmental financing of terrorism, on freezing (blocking) of funds or other property, the Special Official immediately prepares an order in free form to stop measures to freeze (block) funds or other property and submit the specified order for signature to the Entrepreneur.

14.6.12. Upon receipt from the Special Official of the order specified in clause 14.6.11. of these Rules, the Entrepreneur shall immediately make a final decision on the termination of measures to freeze (block) funds or other property, sign an order and return it to the Special Official.

14.6.13. On the basis of the order received to stop freezing (blocking) of funds or other property, the Special Official shall immediately take measures to stop the freezing (blocking) of funds or other property of the person specified in the order, and immediately notify the employee responsible for work with this client, and the Entrepreneur in writing in a free form.

14.7. The procedure and frequency of taking measures to verify the presence or absence of organizations and individuals among their clients in respect of which measures have been or should be applied to freeze (block) funds or other property.

14.7.1. The entrepreneur is obliged at least once every three months to check the presence among his 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 inform the authorized body of the results of such a check in the manner established by the Government of the Russian Federation. The procedure for submitting information to the authorized body is set out in Section 15 of these Rules.

14.7.2. Specified in clause 14.7.1. of these Rules, verification is carried out by a Special Official. The results of such an inspection are recorded by the Special Official in an inspection report drawn up in the form established by the Entrepreneur (Appendix 13 to these Rules) and brought to the attention of the Entrepreneur by sending him the specified act in writing on the day of its preparation.

14.8. Informing Rosfinmonitoring of the measures taken to freeze (block) funds or other property and the results of inspections of the presence or absence of organizations and individuals among its clients, in respect of which measures to freeze (block) funds or other property have been applied or should be applied.

14.8.1. The entrepreneur informs the authorized body of the measures taken to freeze (block) funds or other property of the client, as well as the results of the audit in the manner established by the Government of the Russian Federation.

14.8.2. Information on the measures taken to freeze (block) funds or other property of an organization and (or) an individual included in the List, or an organization and (or) an individual in respect of which the interdepartmental coordinating body exercising the functions of combating the financing of terrorism has taken the decision to freeze (block) the funds or other property belonging to such an organization or an individual (hereinafter referred to as the organization and the individual), is sent by the Entrepreneur to the authorized body immediately on the day the measures to freeze (block) the funds or other property of the organization and the individual are applied .

14.8.3. Information on the results of the verification of the presence among its clients of organizations and individuals in respect of which measures to freeze (block) funds or other property have been applied or should be applied, is sent by the Entrepreneur to the authorized body within five working days following the day the relevant verification is completed.

14.8.4. The procedure for informing Rosfinmonitoring about the measures taken to freeze (block) funds or other property of a client, as well as the results of checking the presence among its clients of organizations and individuals in respect of which measures to freeze (block) funds or other property have been applied or should be applied set out in Section 15 of these Rules.

14.9. The procedure for interaction with organizations and individuals in respect of which measures to freeze (block) funds or other property have been applied or should be applied, including the procedure for informing them about the measures taken to freeze (block) funds or other property.

14.9.1. All appeals and requests of persons in respect of which measures to freeze (block) funds and other property have been applied or should be applied are accepted by the Entrepreneur in writing. The Entrepreneur also sends answers to them in writing.

All appeals and requests of persons in respect of which measures to freeze (block) funds and other property should be applied are recorded by the Entrepreneur in a separate journal.

If the client addresses the Entrepreneur for clarification of the reasons for the non-execution of a transaction with cash or other property of the client, the Entrepreneur informs the client that:

the application of measures to freeze (block) funds or other property is the obligation of the Entrepreneur, established by paragraphs. 6 p. 1 art. 7 of the Federal Law;
the application of measures to freeze (block) the client's funds or other property should be terminated immediately, but no later than one business day from the date of posting on the official website of the authorized body of information on the exclusion of such a client from the List or from the date of posting on the Internet on the official website of the authorized body information on the termination of the decision of the interdepartmental coordinating body exercising the functions of combating the financing of terrorism, issued earlier in respect of such a client, on freezing (blocking) of funds or other property of the client.

14.9.2. Informing the client is carried out by a Special Official.

14.9.3. On the fact that the client applied to the Entrepreneur for an explanation of the reasons for the non-execution of a transaction with cash or other property of the client and on the fact of informing the client, the Special Officer on the same day reports to the Entrepreneur in writing in a free form.

14.10. The procedure for fulfilling the requirements established by paragraph 4 of Article 7.4 of the Federal Law, when an appropriate decision is made by the interdepartmental coordinating body that performs the functions of combating the financing of terrorism and the procedure for making a decision aimed at fulfilling the requirements of paragraphs two and three of paragraph 2.4 of Article 6 of the Federal Law.

14.10.1. In order to ensure the life of an individual in respect of whom a decision has been made to freeze (block) his funds or other property, as well as members of his family living together with him who do not have independent sources of income, by an interdepartmental coordinating body that performs the functions of combating the financing of terrorism , a decision is made to assign this person a monthly humanitarian allowance in the amount not exceeding 10,000 rubles (hereinafter referred to as the Decision). The payment of the said allowance is carried out at the expense of frozen (blocked) funds or other property belonging to the recipient of the allowance.

14.10.2. An individual included in the List on the grounds provided for in subparagraphs 2, 4 and 5 of paragraph 2.1 of Article 6 of the Federal Law (verdict of a court of the Russian Federation that has entered into legal force to find a person guilty of committing at least one of the crimes provided for in Articles 205, 205.1, 205.2 , 205.3, 205.4, 205.5, 206, 208, 211, 220, 221, 277, 278, 279, 280, 280.1, 282, 282.1, 282.2, 282.3, 360 and 361) of the Criminal Code of the Russian Federation, a procedural decision to recognize a person as a suspect committing at least one of the crimes provided for in articles 205, 205.1, 205.2, 205.3, 205.4, 205.5, 206, 208, 211, 220, 221, 277, 278, 279, 280, 280.1, 282, 282.1, 282.2, 282.2, 282. 360 and 361) of the Criminal Code of the Russian Federation, an investigator's decision to bring a person as an accused of committing at least one of the crimes provided for in Articles 205, 205.1, 205.2, 205.3, 205.4, 205.5, 206, 208, 211, 220, 221, 277 , 278, 279, 280, 280.1, 282, 282.1, 282. 2, 282.3, 360 and 361) of the Criminal Code of the Russian Federation), in order to ensure his own life, as well as the life of members of his family living together with him, who do not have independent sources of income, have the right to:

14.10.2.1. Carry out operations with cash or other property aimed at receiving and spending wages in an amount not exceeding 10,000 rubles per calendar month for each specified family member;

14.10.2.2. Carry out transactions with cash or other property aimed at receiving and spending pensions, scholarships, allowances, other social payments in accordance with the legislation of the Russian Federation, as well as paying taxes, fines, and other obligatory payments for the obligations of an individual specified in paragraph 1 of this Article. 14.10.2 of these Rules;

14.10.2.3. Carry out, in accordance with the procedure established by paragraphs 8.1.-8.3 of these Rules, operations with cash or other property aimed at receiving and spending wages in an amount exceeding the amount specified in subparagraph 14.10.2.1., as well as making payments on obligations that arose before its inclusion in the specified list.

14.10.3. If there is a decision of the interdepartmental coordinating body that performs the functions of combating the financing of terrorism, on the appointment of a person in respect of which measures to freeze (block) funds and other property are to be applied a monthly humanitarian allowance, pays the specified person a monthly humanitarian allowance in the amount of not exceeding 10,000 rubles, at the expense of frozen (blocked) funds or other property belonging to the recipient of the allowance.

14.10.4. When a person included in the List or specified in the Decision applies to the Entrepreneur for the payment of the above funds, an employee of the Entrepreneur who directly works with this client verbally asks him for documents confirming the legality of receiving funds.

14.10.5. All documents received from a person included in the List or specified in the Decision, the employee of the Entrepreneur, on the day of their receipt, submits for verification to the Special Official. The fact of receipt of the said documents shall be recorded by the Special Official in the Journal of Accounting and Recording of Information on Issued Funds to Individuals Included in the List in the form established by the Entrepreneur (Appendix 20 to these Rules). Sheets of the Journal of accounting and fixing information on issued funds to individuals included in the List must be numbered, laced and sealed with the Entrepreneur's seal, and the number of sheets in it is certified by the Entrepreneur's signature.

14.10.6. A log of accounting and recording information on disbursed funds to individuals included in the List is formed by the Special Official in the first case of payment or refusal to pay funds to an individual included in the List or specified in the Decision, and is stored in accordance with the Information Storage Program and documents obtained as a result of the implementation of internal control programs in order to counteract the legalization (laundering) of proceeds from crime and the financing of terrorism.

14.10.7. In the event of an application by a person included in the List or specified in the Decision, the Special Official forms an opinion on the payment of funds and transfers it to the Entrepreneur. The fact of the transfer of the said conclusion shall be recorded by the Special Official in the Journal of Accounting and Recording of Information on the Issued Funds to the Individuals Included in the List.

14.10.8. On the day of receipt of the opinion of the Special Official on the payment of funds, the Entrepreneur makes the final decision on the payment of funds, which he makes a note on the conclusion of the Special Official.

14.10.9. The opinion of the Special Official with the resolution of the Entrepreneur on the payment of funds, along with supporting documents, is transferred to the Entrepreneur's employee who performs accounting for the Entrepreneur, for processing and making payments to the individual who applied. The fact of transfer of the specified conclusion to the employee of the Entrepreneur, who performs accounting at the Entrepreneur, the Special official records in the Journal of accounting and fixing information on the issued funds to individuals included in the List.

14.10.10. An employee of the Entrepreneur who performs accounting with the Entrepreneur, having received the documents specified in clause 14.10.9. of these Rules, makes a payment to the recipient of funds in the amount specified in the conclusion, about which he notifies the Special Official by sending him copies of payment documents.

14.10.11. On the basis of documents and information received from the Entrepreneur's employee who is responsible for accounting at the Entrepreneur's, a special official enters into the Journal of Accounting and Recording Information on the issued funds to individuals included in the List, information about the recipient of the payment, the amount of funds paid, the date of payment and other necessary information about the payment.

14.10.12. In the absence of data on the availability of the Decision specified in paragraph 14.10.3. of these Rules, the grounds specified in clause 14.10.2. of these Rules, the Special Official forms an opinion on the refusal to pay, which is endorsed by the Entrepreneur. The person who applied to the Entrepreneur for payment shall be notified in writing by the Special Official of the refusal to pay. The fact of refusal to pay is recorded by the Special Official in the Journal of Accounting and Recording Information on the Issued Funds to Individuals Included in the List.

10/14/13. Consideration by the Entrepreneur of the issue of payment of funds is carried out no later than one day from the date of the recipient's application to the Entrepreneur for the payment of funds to him.

10/14/14. When paying a monthly humanitarian allowance at the expense of frozen (blocked) funds or other property belonging to the recipient of the allowance, the entrepreneur takes into account that, in accordance with Art. 6 of the Federal Law, a transaction with funds or other property is subject to mandatory control if at least one of the parties is an organization or an individual in respect of which there is information received in accordance with the procedure established in accordance with the Federal Law about their involvement in extremist activity or terrorism or an entity directly or indirectly owned or controlled by such entity or person, or a natural or legal person acting on behalf of or at the direction of such entity or person.

14.11. If the Entrepreneur is with an organization or an individual, in respect of which a decision has been made to freeze (block) their funds or other property, in civil, labor or other relations giving rise to obligations of a property nature and has suffered property damage as a result of freezing ( blocking) of funds or other property, it has the right to file a civil suit with a court against the person in respect of which a decision has been made to freeze (block) his funds or other property, to compensate for property damage.

If the court satisfies the said claim, the recovered amount and legal expenses shall be reimbursed at the expense of frozen (blocked) funds or other property belonging to the defendant.

2. refusal to conclude a bank account agreement and termination of a bank account (deposit) agreement (paragraph 5.2 of Article 7 of Federal Law No. 115-FZ);

3. freezing (blocking) of funds (subparagraph 6 of paragraph 1 of Article 7 of Federal Law No. 115-FZ);

4. suspension of operations (clause 10 of Article 7 of Federal Law No. 115-FZ).

Article 5 of Federal Law N 115-FZ establishes a list of organizations that carry out transactions with cash or other property that are subject to the requirements of Federal Law N 115-FZ. This list also includes credit institutions.

The rights and obligations of organizations engaged in transactions with cash or other property are enshrined in Article 7 of Federal Law N 115-FZ:

1. Paragraph 11 of Article 7 of Federal Law No. 115-FZ provides for the right of credit institutions to refuse to execute a client’s order to make a transaction if an employee of the credit institution, in the course of implementing internal control rules, suspects that the operation (transaction) is being carried out for the purpose of legalization (laundering) of proceeds from crime and financing of terrorism.

2. Clause 5.2 of Article 7 of Federal Law No. 115-FZ provides for the right of credit institutions to:

Refuse to conclude a bank account (deposit) agreement with an individual or legal entity, a foreign structure without forming a legal entity, in accordance with the internal control rules of the credit institution, if there are suspicions that the purpose of concluding such an agreement is to perform operations for the purpose of legalization (laundering ) proceeds of crime or financing of terrorism;

Terminate the bank account (deposit) agreement with the client if two or more decisions are made during the calendar year to refuse to execute the client's order to complete the operation on the basis of paragraph 11 of Article 7

At the same time, in accordance with paragraph 2.4 of Article 6 of Federal Law N 115-FZ, an individual included in the list of organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism, in order to ensure their livelihoods, as well as the livelihoods of those living together with his family members who do not have independent sources of income have the right to:

1) carry out transactions with cash or other property aimed at receiving and spending wages in the amount not exceeding 10,000 rubles per calendar month for each specified family member;

3) carry out, in accordance with the procedure established by paragraph 10 of Article 7 of Federal Law N 115-FZ, operations with cash or other property aimed at receiving and spending wages in an amount exceeding the amount specified in subparagraph 1 of this paragraph, as well as for the implementation payments for obligations incurred by him before his inclusion in the specified list.

A legal entity directly or indirectly owned or controlled by an organization or individual in respect of which measures have been taken to freeze (block) funds or other property in accordance with subparagraph 6 of paragraph 1 of this article, or an individual or legal entity acting from name or at the direction of such organization or person;

An individual carrying out a transaction with cash or other property in accordance with subparagraph 3 of paragraph 2.4 of Article 6 of Federal Law N 115-FZ.

If, within the period for which the transaction was suspended, Rosfinmonitoring does not receive a decision to suspend the relevant transaction for an additional period on the basis of part three of Article 8 of Federal Law N 115-FZ, the above organizations carry out a transaction with cash or other property at the request of the client, if in accordance with no other decision has been made in accordance with the legislation of the Russian Federation restricting the implementation of such an operation.

In accordance with paragraph 3 of Article 8 of Federal Law No. 115-FZ, Rosfinmonitoring issues a resolution to suspend operations with cash or other property specified in paragraph 10 of Article 7 of this Federal Law for up to 30 days if the information received by it in in accordance with paragraph 10 of Article 7 of Federal Law N 115-FZ, according to the results of a preliminary check, it was recognized by him as justified.

At the same time, in accordance with paragraph 9 of Article 7 of the Federal Law of 07.08.2001 N 115-FZ, control over the implementation by individuals and legal entities of this Federal Law in terms of recording, storing and presenting information on operations subject to mandatory control, the organization and implementation of internal control is carried out relevant supervisory bodies (in cases established by federal laws, institutions subordinate to state bodies) in accordance with their competence and in the manner established by the legislation of the Russian Federation, as well as by the authorized body in the absence of these supervisory bodies or institutions in the field of activity of individual organizations that carry out transactions with money or other property.

In accordance with paragraph 4 of Article 4 of the Federal Law of July 10, 2002 N 86-FZ "On central bank of the Russian Federation (Bank of Russia)" supervision over the activities of credit institutions and banking groups is carried out by the Bank of Russia.

Cases of blocking accounts of individuals by banks are also multiplying by leaps and bounds. Especially after the introduction in July 2017 of a unified interbank stop list. And all this is within the framework of Law 115 FZ “On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism”: banks analyze the monetary transactions of their clients and determine whether they are suspicious (based, in particular, on the provision of the Bank of Russia No. 375- P dated 2.03.2012).

Blocking of a bank account of an individual- this is a complete or partial freezing of funds in the account. An easier case - the bank may impose restrictions on cash withdrawals from the account, leaving the client the opportunity to transfer money or open deposits.

What information and documents need to be submitted to the Central Bank

Information about the bank - OGRN, TIN, BIC, etc.;
Information about the applicant - full name, date and place of birth, citizenship, SNILS and TIN, etc.
Information about the decisions taken by the bank in relation to the applicant;
Copy of an identity document;
Copies of documents provided in financial institution to conduct a transaction or open an account;
Copies of documents submitted to the bank with an application for exclusion from the black list;
Bank's written refusal;
Other documents at the discretion of the applicant.

The application will be considered within 20 days, after which the applicant will be informed of the result of the consideration. Then, within three working days from the date of the decision, the Central Bank must notify the applicant about it. The method of notification will depend on how the applicant submitted the application - via the Internet or by mail.

Unfrozen account, card or amount - congratulations, draw conclusions for the future and do not repeat your own mistakes.

Refused, but you are still sure that the bank's actions are illegal - collect all the documents, including your requests and bank responses, contact a lawyer or go to court on your own, defend your rights under the Civil Code of the Russian Federation.

But remember the position of our highest judicial body mentioned at the beginning, which can be summarized as follows:

The fight against terrorism and money laundering is more important than the desire of a bank client to freely dispose of his funds in a bank account.

A program that regulates the procedure for applying measures to freeze (block) funds or other property. Program that determines the procedure for applying measures to freeze (block) funds or other property Freezing measures

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