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

Advocacy
12:00 Sun 13.08.23 624 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

UNBA initiatives to implement the Roadmap were supported by international experts

Legislation

UNBA initiatives to implement the Roadmap were supported by international experts

International experts who participated in the inaugural meeting of the Working Group on the implementation of the Roadmap on the rule of law in advocacy and agreed to join it expressed their support for the initiative of the Ukrainian National Bar Association.

14:34 Wed 07.01.26 116
How will the group responsible for implementing the Roadmap for advocacy operate?

Legislation

How will the group responsible for implementing the Roadmap for advocacy operate?

The working group on the implementation of the Roadmap on the rule of law in the area of advocacy will operate at several levels: plenary meetings as a platform for adopting framework decisions, a coordination bureau for compiling documents and calendar control, and thematic subgroups for preparing norms and their justification. International experts will verify the results against European standards and «red lines».

15:35 Tue 06.01.26 111
BCU: NACP initiatives regarding advocacy are unconstitutional interference

Self-government

BCU: NACP initiatives regarding advocacy are unconstitutional interference

The Bar Council of Ukraine has condemned the initiatives to reform the advocacy proposed by the National Agency for Corruption Prevention as direct, gross, and systematic interference by the executive branch in the activities of an independent constitutional institution.

14:21 Wed 31.12.25 127
UNBA program for implementation of the Roadmap on the rule of law published

Self-government

UNBA program for implementation of the Roadmap on the rule of law published

In order to ensure the implementation of measures set out in the Roadmap on the Rule of Law, the Bar Council of Ukraine approved a program for its implementation in relation to the reform of advocacy.

14:56 Tue 23.12.25 144
Access to advocate contacts in URAU has been restored

URAU

Access to advocate contacts in URAU has been restored

The Bar Council of Ukraine has opened up public access to data from the Unified Register of Advocates of Ukraine, which was closed at the start of the full-scale invasion in 2022. The decision was made at a meeting on December 12–13.

16:59 Sat 13.12.25 278
Members of the QDCB are not required to submit declarations - BCU

Self-government

Members of the QDCB are not required to submit declarations - BCU

Bar Council of Ukraine examined the legal status of members of bar self-government bodies and found that they are not required to submit declarations of persons authorized to perform functions of state or local self-government.

18:07 Fri 12.12.25 165
BCU has identified 12 areas for implementing the Roadmap for advocacy

Self-government

BCU has identified 12 areas for implementing the Roadmap for advocacy

During its meeting on December 12, the Bar Council of Ukraine considered the Roadmap on the Rule of Law, approved by Order of the Cabinet of Ministers of Ukraine No. 475-r dated May 14, 2025. The document provides for the development and adoption of a draft law on improving the legal regulation of advocacy by the fourth quarter of 2026.

13:34 Fri 12.12.25 223
The Ombudsman acknowledged the problem of violation of the human right to legal aid in the TCC

Guarantees of the practice of law

The Ombudsman acknowledged the problem of violation of the human right to legal aid in the TCC

The Verkhovna Rada Commissioner for human rights Dmytro Lubinets confirmed the existence of a problem with ensuring the constitutional right to professional legal assistance in territorial recruitment and social support centers.

19:06 Thu 11.12.25 245

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

Оберіть файл