How to protect attorney-client privilege during financial monitoring (AML Procedures) - the UNBA will define an algorithm

Advocacy
12:00 Sun 13.08.23 758 Reviews
Print

As a subject of financial monitoring, an attorney must provide the Ministry of Justice with information related to combating money laundering. At the same time, they are also obliged to keep the attorney-client privilege. How to comply with both requirements of the Law?

This issue was discussed at a meeting of the Bar Council of Ukraine, which is taking place today in Uzhhorod.

Its relevance is because, on June 16, the Government approved the Procedure for Supervision in the Field of Prevention and Counteraction to Legalization (Laundering) of Proceeds of Crime, Terrorist Financing, and Financing of the Proliferation of Weapons of Mass Destruction over the Activities of Primary Financial Monitoring Entities, State Regulation and Supervision of which is carried out by the Ministry of Finance, the Ministry of Justice, and the Ministry of Digital Transformation (Cabinet of Ministers Resolution No. 662).

Valentyn Gvozdiy, UNBA Vice President, reminded that according to the Law "On Prevention and Counteraction to Legalization (Laundering) of Proceeds of Crime, Terrorist Financing and Financing of Proliferation of Weapons of Mass Destruction," an attorney is a specially designated subject of financial monitoring and, accordingly, must ensure the organization and conduct of primary financial monitoring. This makes it possible to detect suspicious financial transactions (activities) and report them to the State Financial Monitoring Service of Ukraine, as well as to prevent the use of attorneys' services for clients' financial transactions for illegal purposes.

State regulation in this area and supervision over the activities of law firms, law firms, and attorneys is carried out by the Ministry of Justice.

Therefore, all those who practice Law must submit to the Ministry of Justice information regarding their compliance with the requirements of the legislation on prevention and counteraction to money laundering.

However, Article 22 of the Law "On the Bar and Practice of Law" also enshrines the obligation to maintain the attorney-client privilege. It applies to the advocate and their assistant, trainee, and persons in an employment relationship with the advocate, law office, or law firm. Moreover, this obligation is imposed even on persons in respect of whom the right to practice Law has been terminated or suspended. Persons guilty of unauthorized access to or disclosure of the attorney-client privilege are liable. The Law also clearly defines cases when disclosing attorney-client privilege is not a violation. In particular, it is the submission of information by an attorney to the State Financial Monitoring Service.

The Procedure for Supervision (Resolution No. 662) defines the Procedure for conducting scheduled, unscheduled, on-site, and off-site inspections by the Ministry of Justice.

"However, the Ministry of Justice and its territorial bodies are not included in the list of bodies specified in Article 22 of the Law on the Bar, and practice of Law," noted Gvozdiy, "and disclosure of information containing attorney-client privilege to them will be considered a violation. After all, according to Article 10 of the Attorney's Code of Conduct, disclosure of information constituting attorney-client privilege is prohibited under any circumstances, even when it comes to attempts by the inquiry, investigation, and court authorities, which are, of course, illegal, to interrogate the attorney about the circumstances constituting the attorney-client privilege. In such circumstances, how to comply with the requirements of the legislation on the Bar and in the field of financial monitoring at the same time?"

On the one hand, clause 5 of the Supervision Procedure stipulates that the Ministry of Justice should cooperate with the self-government bodies of the primary financial monitoring entities by exchanging information, prioritizing risks, and conducting joint supervisory activities.

On the other hand, the protection of professional and other rights of advocates, the promotion of guarantees of the practice of Law, and the necessary conditions for the effective and efficient performance of professional duties by advocates is the primary goal of the UNBA Committee on Protection of Advocates' Rights and Guarantees of Practice of Law. The Procedure for ensuring guarantees of the practice of Law, and protection of professional and social rights of advocates was approved by the UNBA Decision No. 183 dated 27.07.2013.

Therefore, following the discussion of the problem, it was decided to supplement this Procedure with a new section that will define the actions of advocates (as subjects of monitoring) and bar self-government bodies during inspections on financial monitoring by the Ministry of Justice.

Popular news

Energy law: the UNBA and the ADMGE have agreed to cooperate

Interaction

Energy law: the UNBA and the ADMGE have agreed to cooperate

Advocates will deepen their professional expertise in the field of energy law, and participants in the distributed and flexible generation market will have greater opportunities to obtain professional legal assistance.

14:31 Fri 07.08.26 154
The Ministry of Defense is preparing new procedures for MMC: what changes are being proposed

Discussion

The Ministry of Defense is preparing new procedures for MMC: what changes are being proposed

The Ministry of Defense is establishing an interagency working group to develop a new procedure for military medical examinations conducted by military medical commissions. Among the issues requiring resolution are the issuance of documents based on examination results, referrals for repeat medical examinations, verification of the medical basis for decisions, and the accountability of military medical commission members.

13:59 Fri 31.07.26 147
The Ministry of Defense has taken into account the UNBA's proposals regarding medical commissions for those released from captivity

Legal defence of military personnel

The Ministry of Defense has taken into account the UNBA's proposals regarding medical commissions for those released from…

The Ministry of Defense has included in the draft amendments to the procedure for military medical examinations certain proposals from the Ukrainian National Bar Association aimed at simplifying the process of confirming the circumstances of health impairments sustained during captivity and establishing a causal link to the defense of the homeland.

19:31 Wed 29.07.26 101
The UNBA is developing a concept for a Center for expert research

Interaction

The UNBA is developing a concept for a Center for expert research

The Ukrainian National Bar Association has begun work on a concept for a Center for expert research, which is intended to provide advocates and their clients with access to specialized knowledge and the ability to have expert opinions professionally reviewed.

17:18 Fri 24.07.26 190
Ombudsman calls for a firm response to violence against advocates

Guarantees of the practice of law

Ombudsman calls for a firm response to violence against advocates

Every instance of obstruction of an advocate’s lawful activities, use of physical force, delaying an investigation, or concealment of evidence must be subject to a proper legal assessment. The state is obligated to ensure that the right to a defense is a genuine guarantee.

16:13 Fri 17.07.26 446
Lobbyists are being offered the status of independent professional practice

Discussion

Lobbyists are being offered the status of independent professional practice

Individuals engaged in lobbying are being offered the status of independent professionals. To achieve this, it is necessary to amend the Tax Code and the relevant law, as well as to define the specifics of taxing lobbyists’ professional income and expenses.

15:28 Fri 17.07.26 103
Children under temporary protection: jurisdiction, evidence and a local advocate

Discussion

Children under temporary protection: jurisdiction, evidence and a local advocate

In a cross-border dispute involving a child, temporary protection status alone does not determine jurisdiction or guarantee a specific outcome. An advocate needs coordinated action in Ukraine and the host country, a timely legal opinion, a local colleague, and a professional translation.

14:36 Fri 17.07.26 127
The UNBA congratulates Denis Maslov on his appointment as Minister of Justice

Greetings

The UNBA congratulates Denis Maslov on his appointment as Minister of Justice

Denis Maslov’s many years of experience as a advocate, his work as a judge and his tenure as chairman of the Verkhovna Rada of Ukraine’s Committee on legal policy have given him a deep understanding of how the legal system functions and the challenges it faces.

19:43 Thu 16.07.26 329

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

Оберіть файл