From the second half of 2016, the Central Bank will start to demand from banks information about the “origins of money”. It is timed to the expiration of the Amnesty. “Газета.Ru” understood, will relate to whether the tightening of ordinary citizens.
In some media, social networks and banking forums were followed by a lively discussion about the difficulties with withdrawals and transfer of funds in connection with the fact that this year, after the Amnesty of capital, declared by President Vladimir Putin, these operations will be subject to additional control by the financial authorities.
Start the discussion gave the Russian Central Bank. Now banks are not obliged to obtain from its customers information about sources of funds and other property. But soon the bankers will be obliged to request such documents, did not rule out this week, the Deputy head of the Department of financial monitoring and currency control of the Central Bank Ilya Yasinsky.
“Until the period for the process of Amnesty of capital is not completed, it is unlikely financial monitoring, financial intelligence or the Bank of Russia will insist on the implementation of the rights of the banks under certain circumstances to obtain from its customers information about sources of funds and other property” — quoted by TASS Jasinski. He recalled that such a right appeared in banks at the end of last year.
According to him, the financial intelligence unit and the Central Bank until the expiration of the Amnesty has no plans to bring development to credit organizations of any special methodological recommendations on how to implement the right to obtain information about the source of funds.
Along with this he noted that sooner or later there will come such moment when it is right to implement will be necessary. “We plan to approach this work in the second half of 2016,” said Jasinski.
However, for ordinary Russians, the lifting of the moratorium would have no impact.
How to separate the help from the grandmother of terrorist funding
The banks control over the operations with monetary funds determined by the Federal law №115 “On counteraction to legalization (laundering) of incomes received by criminal way, and terrorism financing”. This FZ is the main manual for all credit institutions to counter the laundering of criminal proceeds. 115-FZ is mandatory for all banks, and the violation of its provisions entails the most severe sanctions from the Central Bank, up to immediate revocation of the license. The act requires a credit institution to report to Rosfinmonitoring on all operations that fit certain criteria article 6 of the Federal law.
The second document that guides the Bank in question, “knock” on you in Rosfinmonitoring, is its internal manual, which is written on the basis of the position of Bank of Russia №375-P “On requirements to the internal control rules of the credit institution in order to counteract the legalization (laundering) of incomes received by criminal way, and terrorism financing”. In practice, most banks just copy everything included in 375-P criteria in its internal regulations. Also the position of the Central Bank regulates the functioning of internal IT control system of the Bank, which shall notify the internal audit Department about suspicious transactions passing through the Bank. Notification of all reported suspicious transactions sent to Rosfinmonitoring, on the basis of the received information has the right to block a financial transaction or to request customers to provide documents proving the origin of the money.
“In accordance with the FZ-115, banks are required when applying for service and maintenance customers to take steps to determine the financial and economic activities, financial standing and business reputation of clients and also have the right to take reasonable and available in the circumstances measures on identification of sources of funds and (or) other property (subparagraph 1.1 paragraph 1 article 7). That is, banks are required to verify the balance sheets, tax returns and other customer information from available sources. Performing a point of law, which deals with “the right to take action”, the banks include in the questionnaire of customers, the item on “sources”. Answer this item is a customer or not answer and that answer is another question, but their right of application of measures of the Bank fulfilled,” — says the consultant of the Department of audit and consulting services to financial institutions of FBK “Grant Thornton” Galina Nudnova.
With regard to the inspections carried out by the Bank of Russia, and a number of reviews of licenses of banks have a large turnover of cash, trying to protect themselves by developing procedures to establish the origins of those funds.
But since there are no proposals (legislative, voluntary) to validate the sources with the Bank of Russia, banks are developing their own procedures for determining sources.
In the meantime, the Bank is obliged to notify of the following transactions of individuals.
— Operations with monetary funds or other assets subject to compulsory control if the amount for which they are made, equal or exceeds 600 000 rubles or equal to the sum in foreign currency equivalent to 600 000 rubles. that is, if you would like to 615 thousand rubles. his friend on his Bank account from credit card, the Bank is obliged to notify regulatory authorities. It will be the same with buying a house or car using Bank transfer. In this case, the basis for the transfer of funds will be a contract of sale, but if the Bank have a question about where you got the money, well, get ready to explain your sources of income. In this case usually requires the help of income from your employer, donation from relatives or other documents such as the contract of sale if, before you buy a new car, you sell the old.
However, do not count that, if you transfer 1 million rubles in four instalments of 250 thousand, you will not have any issues. Based on internal instructions of the Bank, which, as we recall, written on the basis of AML / CFT regulations 375-P, the internal control service of the credit institution is entitled to apply for you, the information in Rosfinmonitoring or block the operation if it seems dubious. For example, the transfer of 20 thousand rubles every day during the month, the other can also provoke questions in the Bank, and, most likely, you will also have to explain why your friend daily money transfers.
— Operations on Bank accounts (deposits), opening Deposit (Deposit) in favor of third parties with placement therein of cash funds in cash and transfer of funds abroad to the account (contribution), open on the anonymous owner, and receipt of money from abroad account (Deposit) opened for an anonymous owner, also fall into the field of view, especially when you bring in the Bank of several million rubles in the bag. If you are preparing to place a large Deposit, it is better to prepare in advance the documents explaining the source of the funds — they can ask already at opening of the contribution. A list of the documents explaining the source of the funds is the same: certificate of income from your employer, donation from relatives or other documents such as the contract of sale of real estate or a car.
In addition to these two most common operations among the population, banks are required to notify the securities for cash, the receipt of a natural person of money by cheque to bearer, issued by non-residents, the exchange of banknotes of one denomination to another denomination banknotes; the space precious metals, precious stones, jewellery of them and scrap of such jewelry or other valuables to a pawn shop, obtaining or providing property under contract of financial rent (leasing).
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As you know, your Bank is obliged to report all questionable from his point of view the transactions on your account. Besides, the credit organisation has the full right to block any transaction until such time as you explain to the employees of the Bank where you got the money and why you are transferring them. If you go to the Bank, prepare all the documents, explaining origins of the funds. If documents are not available, be prepared to explain how you got that money (for example, parents gave to the wedding, etc.). However be aware that the security staff may not believe your story, especially if it is poorly reasoned. We should not blame the credit card company unfair towards you as a customer.
The Bank is obliged by any means to deal with suspicious financial transactions, the volume of which, according to Rosfinmonitoring, in 2015 amounted to 11.7 trillion rubles.
However, in the near future we will experience a softening of the legislation. According to the newspaper “Kommersant”, the Central Bank has prepared draft amendments to two laws (“AML / CFT” 115-FZ and the law on state registration of legal entities and individual entrepreneurs), having considered the relevant proposal of the bankers. The amendments generally simplify the work of the bankers with the Federal service for financial monitoring, the draft sent to participants of the market.
According to the amendments, banks should be relieved from further service notifications on transactions with real estate, precious metals and insurance. The notice proposes to limit the data on the transactions by debiting and crediting of funds. Also considers the removal of out-of-control transactions of the Bank in the interbank market.
