Feedback from the public

ESR

3.3.3.11. Measures to prevent the laundering of money obtained through corruption are determined based on the results of risk assessment and are duly implemented. FATF recommendations are being consistently implemented

Problem solving:

3.3.3. The legislation governing the activity of the ARMA contains numerous gaps and corruption risks. Low effectiveness of the processes of transferring assets to ARMA for management to preserve their economic value, as well as the processes of combating and preventing money laundering

Deadlines for all measures within ESR

01.03.2023 - 31.12.2025

Implementation of SACP measures within ESR

Total number of measures – 15
8 2 1 4
Implemented In progress Not implemented Not started

Implementation of SACP measures within the scope of the Problem by main main performers

State Financial Monitoring Service of Ukraine

75%
4

Ministry of Finance of Ukraine

50%
2

Ministry of Justice of Ukraine

50%
2

State Tax Service of Ukraine

0%
2

National Agency on Corruption Prevention

0%
1

Council on Prevention and Counteraction to Legalization (Laundering) of the Proceeds of Crime or Terrorist Financing and Financing Proliferation of Weapons of Mass Destruction

0%
1

Summarized general information on Measures

Name of the measure The main implementer Co-implementors Performance indicator Monitoring results (latest) Статус
1 3.3.3.11.1 Submitting to the Cabinet of Ministers of Ukraine the draft law on the creation of the Unified Register of Accounts of Individuals and Legal Entities and Individual Bank Safe Deposit Boxes in accordance with EU Directive 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and on amendments to Directives 2009/138/EU and 2013/36/EU (as subsequently amended), and supporting its passage Ministry of Finance of Ukraine The draft law has been submitted to the Parliament of Ukraine.
The measure has not been implemented
Not implemented
2 3.3.3.11.2 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that stipulates that property shall be deemed to have been obtained by criminal means for the purposes of Article 209 of the Criminal Code of Ukraine taking into account the factual circumstances and does not require a court decision issued in Ukraine or abroad, which has established the fact of the commission of the crime that resulted in the acquisition of such property or has criminally prosecuted the defendant for this crime National Agency on Corruption Prevention Міністерство фінансів України, Державна служба фінансового моніторингу України, Національна поліція України, Офіс Генерального прокурора, Державне бюро розслідувань, Національне антикорупційне бюро, Служба безпеки України, Бюро економічної безпеки України The draft law has been submitted to the Parliament of Ukraine.
Implementation of the measure has started on time
In progress
3 3.3.3.11.3 Supporting the consideration of the draft law that updates the provisions of the Criminal Procedure Code of Ukraine pertaining to international cooperation in a criminal proceeding, taking into account critical feedback provided in MONEYVAL reports, in the Parliament of Ukraine (particularly if the President of Ukraine vetoes the draft law) Ministry of Justice of Ukraine The law has been signed by the President of Ukraine.
There is progress in the implementation of the measure
In progress
4 3.3.3.11.4.(1) Aligning bylaws with the Laws of Ukraine dated December 6, 2019, No. 361-IX On Preventing and Combating the Laundering of Proceeds of Crime, Financing of Terrorism, and Financing of Proliferation of Weapons of Mass Destruction, dated November 4, 2022, No. 2736-IX On Amendments to Select Laws of Ukraine Towards Protection of the Financial System of Ukraine Against Actions of the State Engaging in Armed Aggression Against Ukraine, and Adaptation of Ukrainian Legislation to Specific Standards of the Financial Action Task Force and the Requirements of EU Directive 2018/843, and EU Directive 2015/849 Ministry of Finance of Ukraine The bylaw normative legal acts have been aligned with said laws and EU Directive 2015/849.
The measure was implemented on time and in full
Implemented
5 3.3.3.11.4.(2) Aligning bylaws with the Laws of Ukraine dated December 6, 2019, No. 361-IX On Preventing and Combating the Laundering of Proceeds of Crime, Financing of Terrorism, and Financing of Proliferation of Weapons of Mass Destruction, dated November 4, 2022, No. 2736-IX On Amendments to Select Laws of Ukraine Towards Protection of the Financial System of Ukraine Against Actions of the State Engaging in Armed Aggression Against Ukraine, and Adaptation of Ukrainian Legislation to Specific Standards of the Financial Action Task Force and the Requirements of EU Directive 2018/843, and EU Directive 2015/849 National Commission on Securities and Stock Market The bylaw normative legal acts have been aligned with said laws and EU Directive 2015/849.
The measure was implemented on time and in full
Implemented
6 3.3.3.11.4.(3) Aligning bylaws with the Laws of Ukraine dated December 6, 2019, No. 361-IX On Preventing and Combating the Laundering of Proceeds of Crime, Financing of Terrorism, and Financing of Proliferation of Weapons of Mass Destruction, dated November 4, 2022, No. 2736-IX On Amendments to Select Laws of Ukraine Towards Protection of the Financial System of Ukraine Against Actions of the State Engaging in Armed Aggression Against Ukraine, and Adaptation of Ukrainian Legislation to Specific Standards of the Financial Action Task Force and the Requirements of EU Directive 2018/843, and EU Directive 2015/849 State Financial Monitoring Service of Ukraine The bylaw normative legal acts have been aligned with said laws and EU Directive 2015/849.
The measure was implemented on time and in full
Implemented
7 3.3.3.11.4.(4) Aligning bylaws with the Laws of Ukraine dated December 6, 2019, No. 361-IX On Preventing and Combating the Laundering of Proceeds of Crime, Financing of Terrorism, and Financing of Proliferation of Weapons of Mass Destruction, dated November 4, 2022, No. 2736-IX On Amendments to Select Laws of Ukraine Towards Protection of the Financial System of Ukraine Against Actions of the State Engaging in Armed Aggression Against Ukraine, and Adaptation of Ukrainian Legislation to Specific Standards of the Financial Action Task Force and the Requirements of EU Directive 2018/843, and EU Directive 2015/849 National Bank of Ukraine The bylaw normative legal acts have been aligned with said laws and EU Directive 2015/849.
The measure was implemented on time and in full
Implemented
8 3.3.3.11.4.(5) Aligning bylaws with the Laws of Ukraine dated December 6, 2019, No. 361-IX On Preventing and Combating the Laundering of Proceeds of Crime, Financing of Terrorism, and Financing of Proliferation of Weapons of Mass Destruction, dated November 4, 2022, No. 2736-IX On Amendments to Select Laws of Ukraine Towards Protection of the Financial System of Ukraine Against Actions of the State Engaging in Armed Aggression Against Ukraine, and Adaptation of Ukrainian Legislation to Specific Standards of the Financial Action Task Force and the Requirements of EU Directive 2018/843, and EU Directive 2015/849 Ministry of Justice of Ukraine The bylaw normative legal acts have been aligned with said laws and EU Directive 2015/849.
The measure was implemented on time and in full
Implemented
9 3.3.3.11.4.(6) Aligning bylaws with the Laws of Ukraine dated December 6, 2019, No. 361-IX On Preventing and Combating the Laundering of Proceeds of Crime, Financing of Terrorism, and Financing of Proliferation of Weapons of Mass Destruction, dated November 4, 2022, No. 2736-IX On Amendments to Select Laws of Ukraine Towards Protection of the Financial System of Ukraine Against Actions of the State Engaging in Armed Aggression Against Ukraine, and Adaptation of Ukrainian Legislation to Specific Standards of the Financial Action Task Force and the Requirements of EU Directive 2018/843, and EU Directive 2015/849 Ministry of Digital Transformation of Ukraine The bylaw normative legal acts have been aligned with said laws and EU Directive 2015/849.
The measure was implemented on time and in full
Implemented
10 3.3.3.11.5 Preparing and submitting to the Cabinet of Ministers of Ukraine in the prescribed manner the consolidated proposals from participants of the national assessment of risks regarding the implementation of measures towards prevention and/or mitigation of adverse consequences of the risks identified State Financial Monitoring Service of Ukraine The consolidated proposals have been submitted to the Cabinet of Ministers of Ukraine.
The measure was not implemented on time and in full
Implemented
11 3.3.3.11.6 Approving the consolidated proposals from participants of the national assessment of risks regarding the implementation of measures towards prevention and/or mitigation of adverse consequences of the risks identified State Financial Monitoring Service of Ukraine The consolidated proposals have been approved by the Cabinet of Ministers of Ukraine.
The measure was not implemented on time and in full
Implemented
12 3.3.3.11.7 Preparing and conducting a scheduled national risk assessment in accordance with the Methodology of National Assessment of Risks of Money Laundering and Financing of Terrorism in Ukraine State Financial Monitoring Service of Ukraine Рада з питань запобігання та протидії легалізації (відмиванню) доходів, одержаних злочинним шляхом, фінансуванню тероризму та фінансуванню розповсюдження зброї масового знищення The report on the findings of the scheduled national risk assessment has been prepared. Not started
13 3.3.3.11.8 Approving the report of the scheduled national assessment of risks of money laundering and financing of terrorism in Ukraine Council on Prevention and Counteraction to Legalization (Laundering) of the Proceeds of Crime or Terrorist Financing and Financing Proliferation of Weapons of Mass Destruction Державна служба фінансового моніторингу України The report on the findings of the scheduled national risk assessment has been approved and at least the report conclusions have been made public. Not started
14 3.3.3.11.9 Developing software and deploying hardware of the Unified Register of Accounts of Individuals and Legal Entities and Individual Bank Safe Deposit Boxes State Tax Service of Ukraine The software has been developed.
The hardware needed for the operation of the Unified Register of Accounts of Individuals and Legal Entities and Individual Bank Safe Deposit Boxes has been deployed.
Not started
15 3.3.3.11.10 Developing and approving the Regulation on the Unified Register of Accounts of Individuals and Legal Entities and Individual Bank Safe Deposit Boxes after consultations with the National Bank State Tax Service of Ukraine Міністерство фінансів України, Національний банк України The Regulation on the Unified Register of Accounts of Individuals and Legal Entities and Individual Bank Safe Deposit Boxes, approved after consultations with the National Bank, has taken effect. Not started

Indicators of achievement of ESR

Total number of indicators – 4

Indicators fully achieved – 0

Partially achieved indicators – 0

Indicators with a score of 0% – 4

Summarized general information about Achievement Indicators

Indicators Weight (%)
1 A law has taken effect, which:
a) provides for the creation of the Unified Register of Accounts of Individuals and Legal Entities and Individual Bank Safe Deposit Boxes in accordance with EU Directive 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and on amendments to Directives 2009/138/EU and 2013/36/EU (10 percent);
b) clearly stipulates that property shall be deemed to have been obtained by criminal means for the purposes of Article 209 of the Criminal Code of Ukraine taking into account the factual circumstances and does not require a court decision issued in Ukraine or abroad, which has established the fact of the commission of the crime that resulted in the acquisition of such property or has criminally prosecuted the defendant for this crime (5 percent);
c) updates the provisions of the Criminal Procedure Code of Ukraine pertaining to international cooperation in a criminal proceeding, taking into account the critical feedback provided in MONEYVAL reports (5 percent);
d) improves regulation and oversight over specially designated reporting entities taking into account the critical feedback provided in MONEYVAL reports (5 percent).
25%
2 The national risk assessment results have been used to:
a) prepare reports at least once every three years and publish the findings of this assessment (5 percent);
b) compile a list of measures aimed at preventing and/or mitigating the negative consequences of the identified risks based on the results of each national risk assessment (5 percent);
c) to implement at least 90 percent of the proposed measures aimed at preventing and/or mitigating the negative consequences of the identified risks (5 percent).
15%
3 The functioning of the Unified Register of Accounts of Individuals and Legal Entities and Individual Bank Safe Deposit Boxes in accordance with EU Directive 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and on amendments to Directives 2009/138/EU and 2013/36/EU has been ensured. 10%
4 According to MONEYVAL reports, Ukraine is compliant or mostly compliant with all FATF recommendations. 50%

Key sources of assessment:

Additional sources of information: