Requirements for blocking and freezing the assets of persons found to be involved in extremist activities. On the application by credit institutions of measures to freeze (block) funds or other property and suspend operations of Ka

14.1. The procedure for obtaining information posted on the official website of Rosfinmonitoring on the Internet information and communication network.

14.1.1. To perform freezing (blocking) duties Money and (or) other property of the lessee (client), CJSC "SDCR" is registered on the official website of Rosfinmonitoring on the Internet information and telecommunications network.

14.1.2. Access to information on the above website in the “Personal Account” section has:

• CEO;
• Special official;
• Employees who directly interact with applicants when considering leasing applications and with lessees (clients) during the period of validity of leasing agreements concluded with them.

14.1.3. A special official regularly, on the day of receiving a notification about updating the information posted on the information portal of Rosfinmonitoring, receives information in the “Personal Account” section about the availability of the next decision of the Interdepartmental Coordination Body on the application of freezing (blocking) measures, and/or a new edition of the List of Extremists and terrorists. Information about the availability of the next decision of the Interdepartmental Coordination Body on the application of freezing (blocking) measures and/or the availability of a new edition of the List of Extremists and Terrorists is stored in in electronic format, and is communicated by a special official to all employees involved in the implementation of the AML/CFT ICR by sending them electronic messages marked “DSP” as information of limited distribution.

14.1.4. Persons authorized to check lessees (clients) and related persons for belonging to those on the List are employees who interact with applicants when considering leasing applications and with lessees (clients) during the validity period of leasing agreements concluded with them. Correlation with those included in the list and the list of persons in respect of whom a decision was made to apply measures to freeze (block) funds and other property is carried out in the process of initial and subsequent identification of applicants for leasing services, lessees (clients), their representatives, beneficiaries, beneficial owners , participants of lessees (clients) - legal entities, as well as with each update of the List and the list of persons in respect of whom a decision was made to apply measures to freeze (block) funds and other property on the information portal of Rosfinmonitoring on the information and communication network Internet. The matches identified as a result of such correlation are recorded in the questionnaire (dossier) of the lessee (client).

14.1.5. The list of employees authorized to check lessees (clients) and persons associated with them is determined by the Order of the General Director.

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

14.2.1. No later than one working day after the publication of the next decision of the Interdepartmental Coordination Body on the application of freezing (blocking) measures and/or a new edition of the List of Extremists and Terrorists on the Rosfinmonitoring website, a special official verifies the data of existing and newly accepted lessees contained in the register and in online access (clients) and related persons to be included in the updated edition of the List. The same data reconciliation of the lessees (clients) they supervise is carried out by employees who have access to their personal account. The results of the inspection are recorded in electronic format (indicating the date and time of the inspection) in the summary statement “Inspection of organizations or individuals, in relation to which there is information about their involvement in extremist activities or terrorism, based on decisions of the Interdepartmental Commission on Combating the Financing of Terrorism" (Appendix No. 12).

14.2.2. If it turns out that the lessee and (or) his counterparty, representative, beneficiary or beneficial owner:

• are or were included in the List during the period of validity of the leasing agreement;
• or in relation to them, decisions of the Interdepartmental Coordination Body were made to apply measures to freeze (block) funds or other property, in the absence of grounds for inclusion in the List;

The employee interacting with the lessee immediately draws up a message about this to a special official.

14.2.3. A special official immediately reviews the received message, makes a note on it and transmits the message to the General Director.

14.2.4. The General Director immediately makes a final decision on the application of freezing measures, which he makes a note on the form (or electronic form) of the message, which he transmits to a special official and instructs him to prepare a draft order on freezing (blocking) funds and other property of the lessee (client) .

14.2.5. A special official prepares a draft order and submits it to the General Director for signing. The order signed by the General Director is transferred to a special official to carry out freezing (blocking) measures.

14.2.6. A special official takes measures to freeze (block) funds and/or property of the lessee (client) and gives the appropriate order to the accounting department, lawyer and other employees authorized to carry out administrative functions with the property of the lessee (client).

14.3. The procedure for recording information about the measures taken to freeze (block) funds or other property belonging to the lessee (client).

14.3.1. The administrative document on the basis of which the freezing (blocking) of funds or other property of the lessee (client) is carried out is the order of the General Director to prohibit transactions with funds belonging to lessees (clients) included in the List of Extremists and Terrorists, or in relation to which it was a decision was made by the Interdepartmental Coordination Body to apply freezing (blocking) measures.

14.3.2. The order specifies the following information about the lessee (client) or a person related to him:

• information about the lessee (client), his representative, beneficiary, beneficial owner (name, INN, OGRN - for a legal entity, full name, passport details, TIN (if available) - for an individual, full name ., passport data, TIN (if available), OGRNIP - for an individual entrepreneur);
• date and time of application of measures to freeze (block) funds or other property of the lessee (client);
• the amount and status of frozen (blocked) funds, and if measures are taken in relation to the property pledged - the type and identifying characteristics of such property;
• a list of measures to freeze (block) funds and/or other property that employees of JSC SCDR must carry out;
• the employee interacting with this lessee (client) and other employees responsible for the execution of the order.

14.3.3. The order prohibits:

• provide the lessee (client) with property on lease;
• transfer to the lessee (client) ownership of the property previously leased by him under the terms of the leasing agreement, after he has fully fulfilled his obligations under the agreement;
• to pay to the lessee (client) the funds provided to them by JSC "SCDR" as a security, advance payment.

14.3.4. When the lessee (client) makes a demand for payment of the specified funds, the procedure provided for in clause 9.3.2 of the Operations Suspension Program should be applied, namely, to remove the encumbrance imposed in favor of JSC "SCDR" from the collateral pledged on the basis of the agreement if the mortgagor is lessee (client).

14.3.5. After completing all measures to freeze (block) funds and/or property of the lessee (client), a special official makes a note of the actions taken in the order that was transferred to him for execution and places it in a special dossier of documents formalizing the decision to freeze ( blocking) funds.

14.3.6. The lessee (client), in respect of whom measures were taken to freeze (block) funds and (or) other property, is assigned increased level risk, about which a special official makes a corresponding note in the questionnaire (dossier) of the lessee (client), recorded in a special register of the register of lessees.

14.3.7. Organizations and (or) individuals who are in civil, labor or other relations giving rise to property obligations and those who have suffered property damage as a result of the measures taken to freeze (block) funds and other property of this lessee (client) have the right to file a civil claim against him in court for compensation for property damage.

14.3.8. If the court satisfies the said claim, the recovered amount and legal expenses are reimbursed from frozen (blocked) funds or other property belonging to the defendant.

14.4. The procedure and frequency of checking the presence among lessees (clients) of persons in respect of whom measures to freeze (block) funds or other property have been applied or should be applied. Methods for recording the results of the inspection.

14.4.1. In case of application of measures to freeze (block) funds or other property of the lessee (client), JSC "SCDR" immediately on the day of their application, informs Rosfinmonitoring about the measures taken.

14.4.2. Information about the measures taken to freeze (block) the lessee's (client's) funds is sent by a special official to Rosfinmonitoring in the form of a formalized electronic message through the Personal Account of JSC "SCDR" on the Rosfinmonitoring portal in the information and telecommunications network "Internet" through communication channels determined and used by Rosfinmonitoring to transmit information.

14.4.3. In addition to ongoing checks, once every three months a special official checks whether among the lessees (clients) there are organizations and individuals in respect of whom freezing (blocking) measures have been applied or should be applied. The three-month period is calculated from the date of completion of the previous inspection. Information on the results of the inspection is sent by a special official to Rosfinmonitoring no later than three working days after the end of such inspection.

14.4.4. Summary data on checks carried out to determine whether lessees (clients) belong to those included in the List, and to persons in respect of whom measures to freeze (block) funds and other property have been taken or should be taken, are included quarterly by a special official in the report on the implementation of internal measures. control for subsequent recording in the annual report submitted to the General Director.

14.4.5. A summary check and registration of its results in a report is carried out by a special official within one working day, no later than 10 days after the end of the quarter. Reports on the results of the inspection are kept by a special official in a separate file.

14.4.6. For the purposes of the report, the number of lessees (clients) during the reporting period is determined as the arithmetic average between the number of lessees (clients) at the beginning and end of the reporting period.

14.5. The procedure for accounting and recording information about funds issued to lessees (clients) - individuals included in the list of organizations and individuals in respect of whom there is information about their involvement in extremist activities or terrorism (hereinafter referred to as the List).

14.5.1. If ZAO SCDR made a decision to freeze (block) funds and other property of the lessee (client) - an individual included in the list on the grounds provided for in clauses 2, 4, 5, part 2.1, art. 6 of Law No. 115-FZ, such a lessee (client) has the right, in order to ensure his life, as well as the life of his family members living with him who do not have independent sources income:

• Receive and spend wages from funds transferred to them and frozen by JSC "SCDR" in an amount not exceeding 10,000 rubles per calendar month per each specified family member.
• Carry out, in compliance with the regime of suspension of operations established by Part 10, Art. 7 of Law No. 115-FZ and Chapter 9 of the ICR on AML/CFT, transactions for receiving and spending wages from the funds transferred to them and frozen by ZAO SCDR in an amount exceeding 10,000 rubles, as well as to make payments on obligations that arose before the inclusion of this lessee (client) in the List.

14.5.2. If the decision to freeze (block) the lessee's (client's) funds was made by the interdepartmental coordinating body performing functions to combat the financing of terrorism, on the grounds provided for in Part 1, Art. 7.4 of Law No. 115-FZ, this lessee (client) can apply to ZAO SCDR with an application for the assignment of a monthly humanitarian allowance to him to ensure his livelihood and his family members living with him, who do not have a permanent source of income from those transferred to him and frozen JSC "SCDR" of funds. Based on the received application, SCDR CJSC sends to the interdepartmental coordinating body that carries out the functions of combating the financing of terrorism a request to assign such a lessee (client) a monthly humanitarian benefit.

14.5.3. The interdepartmental coordinating body carrying out the functions of combating the financing of terrorism makes a decision to assign this lessee (client) a monthly humanitarian benefit in an amount not exceeding 10,000 rubles per month. Payment of the specified benefit is carried out by ZAO SCDR from funds transferred by the lessee (client) and frozen by CJSC SCDR.

14.5.4. The decision on the amount, frequency and procedure for paying the monthly humanitarian benefit provided for in paragraphs 14.5.1, 14.5.2 of these Rules is made by the General Director based on the application of the lessee (client).

Payments provided for in clauses 14.5.1, 14.5.2 of these Rules are documented by cash receipts or payment orders and are accounted for in accordance with the procedure established by JSC "SCDR" accounting operations.

14.6. The procedure for informing the lessee (client) about the failure to carry out a transaction with funds or other property of the lessee (client) due to the presence of information about his involvement in extremist activities or terrorism, received in accordance with Part 2 of Art. 6 and part 2 of Art. 7.4 of Law No. 115-FZ.

14.6.1. On the day the General Director’s order is issued to apply measures to freeze (block) funds and/or other property of the lessee (client), he is given a notification of the application of such measures and/or sent by mail. A special official is responsible for sending this notification.

14.6.2. The notification informs about the prohibition to carry out transactions with funds and other property belonging to the lessee (client) included in the list of extremists and terrorists, or the decision of the Interdepartmental Coordination Body performing the functions of combating the financing of terrorism to freeze (block) those belonging to the lessee (client). ) cash or other property.

The notice also states:

• information about the lessee (client) (name, INN, OGRN - for a legal entity, full name, passport data, TIN (if available) - for an individual, full name, passport data, TIN (if available) availability), OGRNIP - for individual entrepreneur);
• 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 lessee (client) and related persons;
• type of property of the lessee (client), in respect of which freezing (blocking) measures were applied, indicating the identifying characteristics of such property.

14.7. The procedure for informing Rosfinmonitoring about measures taken to freeze (block) funds or other property of the lessee (client), as well as about the results of the inspection

14.7.1. Information on the measures taken to freeze (block) funds or other property of the lessee (client) - an organization or individual included in the list of organizations and individuals in relation to which there is information about their involvement in extremist activities or terrorism, or organizations and ( or) an individual in respect of whom the interdepartmental coordinating body carrying out the functions of combating the financing of terrorism has made a decision to freeze (block) funds or other property belonging to such an organization or individual, are sent to Rosfinmonitoring immediately on the day of application of the freezing (blocking) measures ) cash or other property of an organization and an individual.

14.7.2 Information on measures taken to freeze (block) funds or other property of an organization and (or) an individual and on the results of inspections carried out is sent by a special official to Rosfinmonitoring in the form of a formalized electronic message through the Personal Account of CJSC "SCDR" on the Rosfinmonitoring portal in the information and telecommunications network “Internet” via communication channels determined and used by Rosfinmonitoring to transmit information

14.7.3 In exceptional cases, when, for reasons beyond the control of SCDR CJSC, it is unable to transmit to the FES through the Personal Account information about the measures taken to freeze (block) funds or other property of the organization and (or) individual and the results of the measures taken inspections can be submitted on paper or on magnetic, optical or digital media with a covering letter signed by the Chairman of the Board by sending registered mail directly to Rosfinmonitoring with return receipt requested. A special official prepares a draft of such a letter and monitors compliance with the deadline established in clause 14.7.1 of these Rules for sending it to Rosfinmonitoring.

14.8. The procedure for terminating measures to freeze (block) funds or other property of the lessee (client) and related persons.

14.8.1. Cash and other property of the lessee (client) are frozen (blocked) until the date of exclusion of information about such persons from the List of Extremists and Terrorists, or until the date of cancellation of the decision of the Interdepartmental Coordination Body performing functions to combat the financing of terrorism on freezing (blocking) belonging to the lessee ( client) cash or other property.

14.8.2. After the lessee (client) is excluded from the List of Extremists and Terrorists, or the decision of the Interdepartmental Coordination Body performing the functions of combating the financing of terrorism to freeze (block) funds and other property belonging to such persons is canceled, the General Director issues an order to cancel the freezing measures taken (blocking) funds and other property. Such an order is issued on the basis of a draft prepared by a special official, no later than one working day from the date of posting on the Rosfinmonitoring website information about the exclusion of information about the lessee (client) from the List, or the cancellation of the corresponding decision of the Interdepartmental Coordination Body performing the functions of combating the financing of terrorism.

14.8.2. Information about the cancellation of a previously made decision to freeze (block) funds is sent by a special official to Rosfinmonitoring on the day the order is issued.

Meeting of bank managers with the management of the Bank of Russia

The topic of regulating the activities of credit institutions by the Bank of Russia was devoted to a meeting on November 7, 2013, traditionally organized by the Association of Russian Banks

We strongly recommend that you familiarize yourself with the transcript of the event by following the link http://arb.ru/b2b/docs/9752819/

On issues of countering legalization, the speaker was Ilya Vladimirovich Yasinsky, Deputy Director of the Department of Financial Monitoring and Currency Control of the Bank of Russia.

The Bank of Russia received a large number of questions on the topic of recent changes in legislation. First of all, credit organizations are interested in the topic of new anti-legalization requirements within the framework of Federal Law No. 134-FZ. I will present to your attention a summary of three positions that are the most difficult from the point of view of understanding and practical implementation.

The first block is the requirements regarding the identification of beneficial owners.

The second set of issues is related to the implementation of a fundamentally new thing for Russian legislation - the institution of blocking and freezing the assets of persons involved in extremist activities. The legislator tried to regulate this procedure within the framework of the law in very detail. Thus, the law formulates two concepts: blocking and freezing, and, accordingly, two definitions of this concept. But everything related to procedures remains outside the law. Many banks are starting to appeal to the Bank of Russia, to Rosfinmonitoring: can you tell us how we can block or freeze assets? But the law grants neither financial intelligence nor the Bank of Russia such powers. Therefore, the relevant norms are norms of direct action, and our task is to decide how to correctly comply with the requirements of the law.

And the third set of issues is the provision of new powers to financial institutions, primarily credit institutions, to work with clients who abuse the bank’s trust by conducting transactions that fall under the category of dubious ones. This is an expanded right to refuse to conclude a bank account agreement, an expanded right to refuse to execute a client’s order to carry out a transaction, and a new power to terminate a bank account agreement.

I propose to consider these three blocks.

When reading, it is necessary to make allowance for the fact that State Duma On December 17, 2013, in the third reading, Bill No. 185938-6 “On Amendments to the Federal Law “On the National Payment System” and the Federal Law “On Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism” was adopted, amending Federal Law No. 115-FZ on AML/CFT, insofar as adopted measures to freeze (block) funds or other property.

The second block of fundamentally new provisions is requirements for blocking and freezing the assets of persons who are recognized as involved in extremist activities. And I have already drawn your attention to the fact that, for unknown reasons, the legislator formulated two concepts: blocking and freezing and, as a consequence, two definitions. What questions arise in this context? The first definition of blocking refers to certain types of assets, and we are talking about non-cash funds and securities. The second definition of the concept of blocking and freezing also mentions certain assets, and in this case the legislator uses such a universal term as property. The first question that arises after analyzing these two definitions is: did the legislator intentionally not mention cash among the assets, and can we come to the conclusion that cash and transactions with cash are subject to blocking and freezing requirements? are not distributed? You and I must understand that this question is rhetorical in the sense that a priori there cannot be a positive answer to it. Because if we allowed such a situation, we would have to admit that the entire system of countering the financing of terrorism is meaningless, because these people can safely finance their bad deeds, and it is clear that this can be done with cash in small amounts, and so The most horrific terrorist acts are proof. Therefore, even for this reason, by contrast, we must say that despite the fact that cash is not mentioned as an asset that is subject to blocking requirements, it is obvious that the legal requirements also apply to transactions with cash.

We also have formal confirmation of this position, again based on the second definition of blocking, freezing. We have already talked about the fact that the term “property” is mentioned. If we turn to civil legislation, we will see that the term is universal; property also includes funds, regardless of the cash or non-cash forms they exist in. Therefore, I repeat once again, obviously, you and I must come to the conclusion that absolutely any assets that are within the reach of a credit institution and that belong to persons included in the list of extremists and terrorists are subject to the blocking procedure.

But there is another very subtle point that should be kept in mind. The requirements for blocking and freezing apply not only to those persons who are subject to the execution of the law. A detailed analysis of the definition allows us to conclude that we are talking about all legal entities and individuals who have access to property that belongs to terrorists, and every such “physicist”, every such “legalist” must block it. What I mean is that if suddenly one of you has such property, like citizens of Russia, keep in mind that you must fulfill the requirement of the law. But another thing is that no sanctions are provided for non-compliance, so naturally the emphasis shifts towards credit institutions.

There are three specific questions on which I would like to draw my and your attention. The first question is what to do in a situation where the account of a person involved in extremist activities receives funds from a counterparty who is serviced by another credit institution and who is not a terrorist. What does blocking mean? Can we credit funds to the client’s account, or should we return these funds to the counterparty serviced by another credit institution? The law does not give an unambiguous answer to this question, but still, in my understanding, the most reasonable option is when we use the so-called nipple system, that is, let everyone in and not let anyone out. Moreover, we are not talking about blocking a bank account, but about blocking property, so in the described example, obviously, we must credit the funds received from the counterparty to the account of your client, who is recognized as involved in extremist activities, and after crediting, block this amount , to freeze.

The second question that banks often have is the question related to how to deal with execution credit organizations their civil obligations under a bank deposit agreement, where a terrorist acts as a depositor. Should a credit institution charge this bad person interest on the deposit balance? As we can see, the legislator does not directly say anything on this topic; on the other hand, he also does not say anything about the fact that the fact of blocking or freezing somehow affects the fulfillment by credit institutions of their civil obligations. Therefore, since nothing is said on this topic, we are forced to agree with you that yes, credit institutions, if the agreement continues to be valid, are obliged to charge interest on the balance of the bank deposit, but it is obvious that these interests are the same as and the body of the deposit must be frozen.

The third question is what to do with the loans that credit institutions once issued, without calculating the potential risks, to a certain “physicist” or “lawyer” who were not terrorists at the time of issue, but later turned out to be such. And at the same time, these terrorists, nevertheless, are people of honor and are going to service the loan, and return the body of the loan, and pay interest on it. The question arises: does a credit institution have the right not to apply blocking procedures to these funds, and can it write off interest? For example, a terrorist’s account receives funds in the form of wages, and he intends to use some of these resources to repay the loan. Again, no exceptions on this topic are formulated in the law, so it is unfortunate, but at least the supervisory authority believes that in this case, these funds that are owed to the bank should be subject to blocking and freezing procedures.

In view of these comments, which are probably not very pleasant for credit institutions, the question arises: when is it still possible to unblock and unfreeze the property of a person involved in extremist activities? The law also remains deeply silent on this topic. Therefore, we can answer this question only through a systematic analysis of the relevant provisions of the law. What conclusions does this systemic analysis lead us to? You and I see that the legislator, at least, talks about what is the basis for blocking the freeze, and the basis for blocking the freeze is inclusion in the list of persons involved in extremist activities. Based on this, we can draw a completely reasonable and well-founded conclusion that it is possible to unblock and unfreeze the property of a terrorist when he is removed from the list of extremists and terrorists. Until this happens, the property must be blocked.

The last question in this part is how the new institution of blocking, freezing relates to the old institution of suspending operations, where at least one of the parties is a person involved in extremist activities? Logic tells us that blocking and freezing are a more stringent institution, and it is obvious that under these conditions the suspension could be abandoned. But again, for reasons unknown to us, the legislator did not do this. In my opinion, there are at least two situations where, nevertheless, the institution of suspension can be implemented in practice. What are these situations? Suspension includes operations where at least one of the parties is a person included in the list of extremists and terrorists. In view of this, there may be a specific practical situation. You have a client in your service who is not on the list, but he gives an order to transfer funds in favor of his counterparty, who is served by another credit institution, and you know that this counterparty is on the list - this is a classic example when there is an obligation to suspend such an operation. If Rosfinmonitoring does not receive a request for further suspension, the operation is carried out, and another credit institution servicing your client’s counterparty will subject these funds to the procedure of blocking and freezing. And the second specific case is related to the fact that, as we remember, suspension includes not only those operations where one of the parties is an extremist, a terrorist, but also those where the party is an entity under the control of an extremist, a terrorist. This is a topic that is closely related to the category of beneficial ownership and beneficial ownership. Therefore, if, as a result of implementing the new requirements of the law, you come to the conclusion that your client is under the control of a person on the list, then the suspension requirement applies to these transactions. These are, perhaps, two specific situations that we can come to when the institution of suspension has not yet lost its relevance.

There is another very important topic that is being raised by Rosfinmonitoring today, a topic related to the fact that, despite the introduction of blocking and freezing procedures, it is necessary to understand that some minimum means of subsistence for the terrorist and the persons who are dependent on him must be given to him. But as you and I see, in relation to those on the list, the law says nothing on this topic. If we turn to another new article of the law - Article 7.4, we will see that we are talking about persons who are not on the list, but in respect of whom a special interdepartmental committee makes a decision to block or freeze them. So, these individuals are entitled to some kind of humanitarian monthly allowance, but in an amount not exceeding 10 thousand rubles, while those on the list are not allowed even this small amount. With such a strict restriction, the state unwittingly pushes people who may have once stumbled to continue to carry out criminal activities, because they need to support at least at a minimum level both their livelihoods and the livelihoods of their dependents. Therefore, colleagues from Rosfinmonitoring tell us that there is another situation where blocking, freezing and suspension are correlated, and this is exactly the case when a terrorist wants to receive a salary, pension or some kind of social benefit. And in this case, we should be talking about the fact that such an operation is suspended, the credit institution informs financial intelligence about this, and if financial intelligence does not suspend the operation for an additional period, these funds must be issued to such a person on the list.

But there are many problems here. The first problem is related to the fact that, firstly, what I just told you about obviously does not follow from the law. And the second problem is that if we are talking about the payment of wages, then today our wages are not limited in any way. And even if yesterday a terrorist received a salary of 10 thousand rubles, then tomorrow no one is stopping him from receiving a salary of 1 million rubles. And it is obvious that such amounts cannot be given to a terrorist. But this is also a topic that is not regulated by law. We, understanding the problem, nevertheless tell our colleagues from Rosfinmonitoring that ideally in this part it is necessary to make changes to the law. They raised this question with Natalya Viktorovna Burykina, and it seemed like she said yes, that such a change to the law was necessary. Therefore, now our colleagues are working with us on this topic, and we hope that by the end of the year some changes in this part of the law on countering legalization will take place. Until then, obviously, we must proceed from the fact that the institution of blocking and freezing has priority over suspension, and accordingly, until there are any special instructions on this topic from Rosfinmonitoring, no transactions with assets that belong to persons involved in extremist activities , cannot be carried out.

Link to the third block Expanded right to refuse to conclude a bank account agreement, expanded right to refuse to execute a client’s order to carry out a transaction and a new power to terminate a bank account agreement -

Many articles were devoted to the issue of account blocking in the second half of 2017. They even opened it at Klerk.

Some are trying to understand the reasons for the blocking, some are trying to understand the legality of the banks’ actions, others are criticizing both the authorities and the banks for putting pressure on business.

We have attempted to analyze specific actions to prevent and “remove” blocking.

First let's understand the terms

As for account transactions, they can be suspended or may be refused. At the same time, the owner of the funds is not deprived of the right to use them, although he is limited in actions within a specific account.

However, the term that has taken root in everyday life "account blocking" has the right to exist as expressing the very essence of the phenomenon that the business is faced with.

In this article, we do not consider the grounds for blocking an account at the initiative of the Federal Tax Service, as a result of restrictions imposed by the court, etc. The established procedure in these cases has not changed.

What do banks focus on?

Several dozen reasons for account blocking are highlighted central bank RF in addition to those specified in the law. Studying them can broaden your horizons, but by virtue of Article 4 of Federal Law No. 115-FZ, you will only find out about blocking an account after it has already been blocked, because banks are prohibited from “informing clients and other persons about the measures taken combating the legalization (laundering) of proceeds from crime and the financing of terrorism, with the exception of informing clients about the measures taken on freezing (blocking) funds or other property, on suspending a transaction, on refusing to execute a client’s order to carry out transactions, on refusing to enter into a bank account (deposit) agreement, on the need to provide documents” (Article 4 of Federal Law No. 115-FZ ).

In an attempt to appeal to the Constitutional Court the right of the Central Bank of the Russian Federation to develop lists of grounds for refusal in accordance with Federal law No. 115-FZ was refused by the Ruling of the Constitutional Court of the Russian Federation dated May 25, 2017. No. 1105-O

We have summarized the instructions of the Central Bank of the Russian Federation, judicial practice and developed specific recommendations that will allow you to work with minimal risks of account blocking.

2. Provide documents required by the bank- exclusively with an inventory and signed by a bank employee, in accordance with the list specified by the bank.

If you cannot provide any document from the list, explain the reason under the corresponding number of the list of requested documents. Based on a court decision, the client was returned the funds written off by the bank, because it was proven that the organization promptly provided the documents requested by the bank; no additional requests were received from the bank - Resolution 9 of the AAS dated March 16, 2017. in case A40-230891/2016. In case No. A40-2022834/16, the bank client proved that the bank did not request documents on the suspended transaction, and therefore the court ordered the bank to make the payment it had suspended.

Incomplete provision, on the contrary, allowed the court to recognize the bank’s actions as justified - Resolution of the Arbitration Court of the Far Eastern District dated November 24, 2017. No. Ф03-4555/2017

3. Timely make changes to the Unified State Register of Legal Entities, if the list of types of economic activities has been expanded. A payment, the purpose of which is not typical for the information on the types of activities of your organization indicated in the Unified State Register of Legal Entities (OKVED), gives the bank the right to block such an operation - this is precisely the conclusion that the courts of three instances came to in case A65-26637/2015.

4. Cash withdrawal make only for purposes related to wages and other social benefits, or if payment by bank transfer is impossible.

The need to withdraw cash must be confirmed not only by primary documents, but also by the structure of doing business, which implies such payments, for example, withdrawing cash when running a business for purchasing recyclable materials from the population will be justified - Resolution of the Ninth Arbitration Court of Appeal dated May 31, 2017. in case No. A40-238673/16.

5. Carefully study the agreement with the bank and the bank documents used under it (as a rule, the agreement contains a link to documents posted on the bank’s website).

6,830 thousand rubles were written off from the client’s account. for the untimely provision of documents based on the bank’s e-mail, as well as compensation for the bank’s expenses for checking the actual location of the organization, the court found these actions of the bank lawful, because the write-off was provided for in the contract - Resolution 9AAS dated April 13, 2017. in case A40-203363/16.

In another case, the client managed to prove that the bank wrote off 500 thousand rubles. a fine for failure to provide documents upon an unsigned request in the presence of a client’s application to terminate a bank account agreement is unlawful. The fine was returned by the court to the organization - Resolution 9 of the Arbitration Court of Appeal dated May 26, 2017. No. 09AP-19461/2017.)

6. Provide Availability of information about the location of the individual sole proprietor(office) on the territory of the legal address (signs, signs, etc.), place information on the website whose address is indicated on the form.

Evidence of real location at the registration address helped the organization defend its right to open a bank account - Determination of the Armed Forces of the Russian Federation dated September 21, 2017. No. 306-ES17-12604.

7. As detailed as possible indicate the purpose of payment, this will allow the bank not to include you in the list of clients whose operations do not have “obvious economic meaning,” which entails, by virtue of Letter of the Central Bank of the Russian Federation dated December 31, 2014 No. 236-T, the bank’s obligation to pay special attention to all operations and request it contains the maximum number of documents.

8. Do not use for business activities, including for payments under contracts for the purchase of raw materials, payment for work, etc., personal bank cards - the latter entails blocking the current account to which the personal bank card is opened: Appeal ruling of the Perm Regional Court dated October 5, 2016 in case No. 33 -11853/2016, Appeal ruling of the Saratov Regional Court dated November 29, 2016 in case No. 33-9060/2016, Appeal ruling Appeal ruling of the Perm Regional Court dated February 10, 2016 in case No. 33-1316/2016 of the Moscow City Court dated May 26, 2016 case No. 33-20770).

9. Do not use the same computer, phone, etc. to access accounts of different organizations, since in the event of closing the accounts of one organization, all other organizations whose accounts were accessed through the same technical devices, as well as if their representatives coincide, are at risk of having their accounts blocked (clause 3 Methodological recommendations Central Bank of the Russian Federation dated July 21, 2017. No. 18-MR).

10. Notify the authorized body on carrying out transactions in the amount of more than 600,000 rubles, as well as other controlled transactions by virtue of Art. 6 of Federal Law No. 115-FZ. Failure to report such a transaction may result in both account blocking - Ruling of the RF Armed Forces No. 301-ES17-2205 dated 04/06/2017, and administrative liability - Resolution of the Administrative Court of the East Siberian District dated 12/24/2015 in case A33-5752/2015 ).

11. Challenge the bank's decision to block, if you consider it illegal, because the opposite may contribute to getting on the “black list”, which entails refusals to open accounts in almost any bank. The courts indicate that it is the bank that must confirm and prove that suspicions that the client may have committed a money laundering operation were justified at the time of the refusal to open an account. Refusal to open a current account without such justification was recognized by courts of all instances as unlawful (see Definition Supreme Court RF dated 08/25/2017. No. 301-ES17-10939, Ruling of the Supreme Court of the Russian Federation dated April 24, 2017. No. 310-ES17-3468).

How to make money from bank clients

The Central Bank of the Russian Federation strictly monitors the activities of controlled banks; in judicial practice there are also cases of banks unsuccessfully trying to evade the supervisory eye. The Central Bank also uses an extreme measure in relation to banks evading control - revocation of the license.

We must remember that by virtue of clause 12 of Art. 7 of Federal Law No. 115-FZ, banks are exempt from civil liability for blocking an account.

Folding arbitrage practice in the client-bank relationship is heterogeneous, the courts take into account the actual circumstances of the case, so the entrepreneur always has a chance to defend his right to conduct mutual settlements through the bank of his choice, as well as to prevent such risks by completing documents in a timely and complete manner.

14.1 This program provides:

• the procedure for obtaining information from Rosfinmonitoring about 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 performing the functions of combating the financing of terrorism 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 activities to verify 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;
• informing Rosfinmonitoring about the measures taken to freeze (block) funds or other property and the results of checks on 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;
• the procedure for interaction with organizations and individuals in respect of whom 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 making an appropriate decision by the interdepartmental coordinating body that carries out 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 clause 2.4 of article 6 of the Federal Law.

14.2. Blocking (freezing) of non-cash funds or uncertificated securities - a prohibition addressed to the owner, organizations carrying out 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 whom 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.

14.3. Blocking (freezing) of property - a prohibition addressed to the owner or possessor of property, organizations carrying out transactions with funds or other property, other individuals and legal entities to carry out transactions with property belonging to an organization or individual included in the List, or an organization or individual, in respect of whom 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. An entrepreneur is obliged to take measures to freeze (block) funds or other property, except for the 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 information on the inclusion of the organization on the Internet on the official website of the authorized body or an individual on the List, or from the date of publication on the Internet on the official website of the authorized body of the decision to apply measures to freeze (block) funds or other property belonging to an organization or individual in respect of which there are reasonable grounds to suspect their involvement in terrorist activities activities (including the financing of terrorism) in the absence of grounds for inclusion in the specified List, immediately informing the authorized body about the measures taken in the manner established by the Government Russian Federation.

14.5. The procedure for obtaining information from Rosfinmonitoring about 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 carrying out the functions of combating the financing of terrorism made a decision to freeze (block) cash 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 required to access 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 communicated to the Employees of the Entrepreneur who carry out identification by sending it to them in the form of a file by e-mail or by posting it on the internal local network of the Entrepreneur.

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

14.6.1. An entrepreneur is obliged to take measures to freeze (block) funds or other property, except for the 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 information on the inclusion of the organization on the Internet on the official website of the authorized body or an individual on the List, or from the date of publication on the Internet on the official website of the authorized body of the decision to apply measures to freeze (block) funds or other property belonging to an organization or individual in respect of which there are reasonable grounds to suspect their involvement in terrorist activities activities (including the financing of terrorism) in the absence of grounds for inclusion in the specified List, immediately informing the authorized body about the measures taken in the manner established by the Government of the Russian Federation.

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

The person authorized to apply measures to freeze (block) funds and other property of the Entrepreneur 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 said 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 makes a final decision on freezing (blocking) funds or other property, endorses the internal order and returns it to the Special Official.

14.6.5. Based on an internal order received from the Entrepreneur to freeze (block) funds or other property with an Entrepreneur’s visa, the Special Official on the same day immediately takes measures to freeze (block) funds or other property of the person specified in the order and notifies of the measures taken measures of the Entrepreneur's employee who carries out accounting for the Entrepreneur, the employee responsible for working with this client, and the Entrepreneur in writing in 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 a Special Official in the Logbook for recording 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 sheets 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 by the Entrepreneur, and the number of sheets in it must be certified by the signature of the Entrepreneur.

14.6.7. A log of information on the measures taken to freeze (block) funds or other property belonging to the client is formed by a Special Official in the first case of freezing (blocking) 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 internal control programs in order to combat the legalization (laundering) of proceeds from crime and the financing of terrorism.

14.6.8. The Log of Information on the measures applied 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 client's property, the type of client's property in respect of which freezing (blocking) measures have been applied, indicating the identifying characteristics of such property, and other necessary information.

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

14.6.10. The application of measures to freeze (block) funds or other property of the client must be terminated immediately, but no later than one business day from the date of posting on the official website of the authorized body information about 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 a decision previously made in relation to such a client by an interdepartmental coordinating body performing functions to combat the financing of terrorism to freeze (block) funds or other property of the client.

14.6.11. If information about the exclusion of an organization or individual from the List is posted on the official website of the authorized body, or if information is posted on the Internet on the official website of the authorized body about the termination of the decision of the interdepartmental coordinating body that carries out the functions of counteraction, previously made in relation to the organization or individual, financing of terrorism, on the freezing (blocking) of funds or other property, the Special Official immediately prepares in a free form an order to terminate measures to freeze (block) funds or other property and submits the said 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 immediately makes a final decision to terminate measures to freeze (block) funds or other property, signs the order and returns it to the Special Official.

14.6.13. Based on the received order to stop measures to freeze (block) funds or other property, the Special Official immediately takes measures to stop freezing (blocking) funds or other property of the person specified in the order, and immediately notifies the employee responsible for work with this client, and the Entrepreneur in writing in free form.

14.7. The procedure and frequency of activities 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.

14.7.1. An entrepreneur is obliged to check at least once every three months whether there are organizations and individuals among his clients in respect of whom measures to freeze (block) funds or other property have been applied or should be applied, and to inform the authorized body about 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 Special Official records the results of such an inspection in an inspection report drawn up in the form established by the Entrepreneur (Appendix 13 to these Rules) and brings it to the attention of the Entrepreneur by sending him the specified act in writing on the day of its preparation.

14.8. Informing Rosfinmonitoring about the measures taken to freeze (block) funds or other property and the results of checks on 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 about the measures taken to freeze (block) funds or other property of the client, as well as about the results of the inspection 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) individual included in the List, or an organization and (or) individual, in respect of which the interdepartmental coordinating body carrying out the functions of combating the financing of terrorism has adopted a decision to freeze (block) funds or other property belonging to such an organization or individual (hereinafter referred to as the organization and individual) is sent by the Entrepreneur to the authorized body immediately on the day of application of measures to freeze (block) funds or other property of the organization and individual .

14.8.3. Information on the results of checking the presence 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, is sent by the Entrepreneur to the authorized body within five working days following the day of completion of the relevant inspection.

14.8.4. The procedure for informing Rosfinmonitoring about 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 whom 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 from persons in respect of whom 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 from persons in respect of whom measures to freeze (block) funds and other property should be applied are recorded by the Entrepreneur in a separate journal.

If the client turns to the Entrepreneur for clarification of the reasons for the failure to carry out a transaction with funds 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 clause 1 art. 7 of the Federal Law;
• the application of measures to freeze (block) funds or other property of the client must be terminated immediately, but no later than one business day from the date of posting on the official website of the authorized body information about 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 a decision previously made in relation to such a client by an interdepartmental coordinating body performing functions to combat the financing of terrorism to freeze (block) funds or other property of the client.

14.9.2. The client is informed by a Special Official.

14.9.3. On the fact of the client’s request to the Entrepreneur for clarification of the reasons for the failure to carry out a transaction with funds or other property of the client and on the fact of informing the client, the Special Official reports to the Entrepreneur in writing in free form on the same day.

14.10. The procedure for fulfilling the requirements established by paragraph 4 of Article 7.4 of the Federal Law, when making an appropriate decision by the interdepartmental coordinating body that carries out 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 with him who do not have independent sources of income, an interdepartmental coordinating body performing the functions of combating the financing of terrorism , a decision is made to assign this person a monthly humanitarian benefit in an amount not exceeding 10,000 rubles (hereinafter referred to as the Decision). Payment of this benefit is carried out at the expense of frozen (blocked) funds or other property belonging to the recipient of the benefit.

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 (a verdict of a court of the Russian Federation that has entered into legal force finding 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, procedural decision to recognize a person as a suspect in the commission of 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, an investigator’s decision to charge a person with 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 their livelihoods, as well as the livelihoods of his family members living together with him, who do not have independent sources of income, has the right:

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

14.10.2.2. Carry out transactions with funds or other property aimed at receiving and spending a pension, scholarship, allowance, or other social benefit 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. 14.10.2 of these Rules;

14.10.2.3. Carry out, in the manner established by clauses 8.1.-8.3 of these Rules, transactions with funds or other property aimed at receiving and spending wages in an amount exceeding the amount specified in subclause 14.10.2.1., as well as making payments on obligations that arose before his inclusion in the specified list.

14.10.3. An entrepreneur, if there is a decision of the interdepartmental coordinating body performing the functions of combating the financing of terrorism, on the appointment of a monthly humanitarian benefit to the person against whom measures to freeze (block) funds and other property should be applied, pays to the specified person a monthly humanitarian benefit in the amount not exceeding 10,000 rubles, at the expense of frozen (blocked) funds or other property belonging to the benefit recipient.

14.10.4. When a person included in the List or specified in the Decision approaches an Entrepreneur for payment of the above-mentioned funds, the Entrepreneur’s employee who directly works with this client orally requests from him documents confirming the legality of receipt of funds.

14.10.5. All documents received from a person included in the List or specified in the Decision are submitted by the Entrepreneur's employee for verification to a Special Official on the day of their receipt. The fact of receipt of these documents is recorded by the Special Official in the Journal of Accounting and recording information about funds issued to individuals included in the List, in the form established by the Entrepreneur (Appendix 20 to these Rules). The sheets of the Journal of accounting and recording information about funds issued to individuals included in the List must be numbered, laced and sealed by the Entrepreneur, and the number of sheets in it must be certified by the signature of the Entrepreneur.

14.10.6. A journal for recording and recording information about funds issued to individuals included in the List is formed by a 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 received as a result of implementing internal control programs for the purpose of combating the legalization (laundering) of proceeds from crime and the financing of terrorism.

14.10.7. In the event of an appeal from a person included in the List or specified in the Decision, the Special Official forms a conclusion on the payment of funds and transmits it to the Entrepreneur. The fact of transfer of the said conclusion is recorded by the Special Official in the Journal of Accounting and recording of information about the funds issued to individuals included in the List.

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

14.10.9. The conclusion of the Special Official with the Entrepreneur’s resolution on the payment of funds, together with supporting documents, is transferred to the Entrepreneur’s employee who carries out accounting for the Entrepreneur, for registration and payment to the individual who applied. The fact of transfer of the specified conclusion to the employee of the Entrepreneur who carries out accounting for the Entrepreneur is recorded by a Special Official in the Journal of Accounting and recording information about funds issued to individuals included in the List.

10/14/10. An employee of the Entrepreneur who carries out accounting for 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, of which he notifies the Special Official by sending him copies of payment documents.

10/14/11. A special official, on the basis of documents and information received from an employee of the Entrepreneur who carries out accounting for the Entrepreneur, enters into the Journal of accounting and recording information about funds issued 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 payment.

10/14/12. In the absence of data on the existence of a Decision specified in clause 14.10.3 in relation to the recipient of humanitarian benefits who applied to the Entrepreneur. of these Rules, the grounds specified in clause 14.10.2. of these Rules, the Special Official draws up a conclusion on the refusal to pay, which is endorsed by the Entrepreneur. The person who applied to the Entrepreneur for payment is notified in writing by the Special Official of the refusal to pay. The fact of refusal to pay is recorded by a Special Official in the Journal of Accounting and recording information about funds issued to individuals included in the List.

10/14/13. The Entrepreneur’s consideration of the issue of payment of funds is carried out no later than one day from the date the recipient applies to the Entrepreneur for payment of funds.

10/14/14. An entrepreneur, when paying a monthly humanitarian benefit at the expense of frozen (blocked) funds or other property belonging to the recipient of the benefit, 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 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 activities or terrorism , or entity directly or indirectly owned or controlled by such organization or person, or a person or entity acting on behalf of or at the direction of such organization or person.

14.11. If the Entrepreneur is in a civil, labor or other relationship giving rise to property-related obligations and has suffered property damage as a result of the freezing ( blocking) of funds or other property, it has the right to file a civil claim in court 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 are reimbursed from frozen (blocked) funds or other property belonging to the defendant.

the procedure for communicating information about the results of an inspection carried out in a credit institution, including its branches, and information about the measures taken to freeze (block) the client’s funds or other property identified during the inspection to the head of the credit institution;

the procedure for informing the authorized body about the measures taken to freeze (block) funds or other property of the client, as well as about the results of the inspection.

The program defining the procedure for applying measures to freeze (block) funds or other property of the client and the procedure for conducting an audit may include other provisions at the discretion of the credit institution.

7.1.2. The credit institution determines in the AML/CFT ICR the procedure for informing the client about the failure to carry out a transaction with funds or other property of the client due to the presence of information about him in the List of Organizations and Individuals or a decision of the interdepartmental coordinating body performing the functions of combating the financing of terrorism on freezing (blocking) funds or other property belonging to the client.

7.1.3. The credit institution determines in the AML/CFT ICR the procedure for terminating measures to freeze (block) funds or other property of a client if the credit institution has information about excluding information about such a client from the List of Organizations and Individuals or about terminating the action previously taken against of such client, the decision of the interdepartmental coordinating body performing the functions of combating the financing of terrorism on freezing (blocking) funds or other property of the client, as well as the procedure for partial or complete cancellation of the measures applied to freezing (blocking) funds or other property in the case established