Peculiarities of financial operations under the law on financial monitoring are detailed by the National Bank - Vitalii Vlasiuk

Legislation
16:00 Tue 28.04.20 803 Reviews
Print

On April 28, the Law of Ukraine “On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financing of Terrorism and Financing of Proliferation of Weapons of Mass Destruction” No. 361-IX (except for the third paragraph of sub-item 9 of item 6 of Section X) enters into force.

Law firms, bar associations and lawyers who practice law individually are specially designated subjects of primary financial monitoring. The persons who provide the services in the framework of employment shall however constitute an exception.

The Head of the UNBA Committee on International Law Vitalii Vlasiuk and lawyer Vladyslav Vlasiuk point out the main features of financial transactions under the new conditions.

• "anonymous" operations such as account replenishment through the terminal are limited (from now on the sum exceeding 5K requires a client’s identification);

• there are new subjects of financial monitoring - postal operators, lawyers, realtors, accountants, issuers of electronic money (to check and to some extent be responsible for the legal origin of funds such as the parties to the agreement);

• end of anonymity for e-wallets (owners must be identified by the end of the year, the position on the crypt is however not specified yet);

• financial monitoring is, first of all, about large transactions (the threshold was raised from 150K to 400K).

Following the public explanations provided by the National Bank, Vladislav Vlasyuk notes, the financial monitoring will look like this:

1. Transfers from your own account do not require additional identifications (your bank already knows everything about you).

2. Cash transfer through the terminal is possible without restrictions, if you are identified; if anonymous - up to 5K.

3. Crediting small amounts to your card is not risky for most banks (therefore, at the discretion of the bank, the operation can be blocked).

4. No need to confirm the origin of funds for small transactions, your bank already knows everything about you.

5. No Additional identification is required for card-to-card transfers or online card payments.

6. You can top up the card from the terminal with a card of up to 5K, a larger amount - only your own card with additional identification of a person.

7. Transactions over 400K require monitoring (with the prospect of blocking), but it is more than 150K provided for priorly.

8. Electronic wallets will function subject to identification by their owners (by the end of the year.

9. New subjects of financial monitoring: lawyers, accountants, realtors … It is likely for these new subjects to have the responsibility to verify the origin of funds.

10. Mandatory monitoring of transactions over 400K (instead of 150K).

11. To replenish the account through the cash cash for more than 5K additional identification is required.

12. The limit of transactions without opening an account is 15K, after which the additional identification is required.

"In general, we are talking about the introduction of a risk-oriented approach to monitoring financial transactions," - said Vladyslav Vlasiuk.

Popular news

Advocacy

FLA needs urgent help, - Valentyn Gvozdiy

Twelve years of existence of the free legal aid system in Ukraine is enough to understand the inability of the Ministry of Justice to effectively manage this area.

17:23 Fri 29.03.24 146

Advocacy

The Ombudsman is concerned about the state of the FLA system

The Secretariat of the Ukrainian Parliament Commissioner for Human Rights is ready to join the development of proposals for amendments to the legal acts developed by the Ukrainian National Bar Association that will improve the functioning of the free legal aid system.

19:27 Thu 28.03.24 162

Advocacy

Ombudsman to provide legal aid with support of UNBA - pilot project

The Office of the Ukrainian Parliament Commissioner for Human Rights has launched a pilot project to provide professional legal aid to citizens in five regions of Ukraine.

11:58 Tue 26.03.24 137

Advocacy

Another model should be introduced for the FLA system, - Lidiya Izovitova

Monitoring of the current state of functioning of the legal aid system shows the existence of significant and conceptual problems in the implementation of this assistance in Ukraine.

12:32 Tue 19.03.24 177

Advocacy

Violation of media guarantees of advocacy is being studied by the UNBA

An open appeal of the Ukrainian National Bar Association's Committee on Information Policy and Interaction with the Mass Media to the advocates.

18:48 Mon 04.03.24 181

Advocacy

Lawyers are offered to be booked - amendments to draft law No. 10449

In their amendments to the draft law on strengthening mobilization, MPs propose to provide for the booking of lawyers. The goal is to prevent disruptions of court hearings.

13:48 Fri 01.03.24 187

Advocacy

E-Court failures violate constitutional guarantees – UNBA

In recent days, the Ukrainian National Bar Association has received numerous reports from lawyers about technical failures in the operation of the Electronic Court subsystem. In particular, the complaints relate to the inability to log in to the electronic office, which restricts advocates in exercising their procedural rights, in particular, to submit documents and participate in court hearings in the videoconference mode.

18:05 Thu 29.02.24 199

Advocacy

Fixed fee: time of work is important for reimbursement of attorney's fees – SC

The procedure for calculating the hourly fee differs from the fixed fee, which does not take into account the actual time spent. However, in both cases, they are taken into account when deciding on the reimbursement of legal aid expenses.

13:22 Thu 29.02.24 188

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл