Progress in the implementation of measures as of
03.07.2024
8 |
53.3%
2 |
13.3%
1 |
6.7%
4 |
26.7%
15
Implemented
In progress
Not implemented
Not started
Measures implemented (fully and partially) -
8 (
53.3%)
Measures —
15
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
The main implementer:
Ministry of Finance of Ukraine
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
The main implementer:
National Agency on Corruption Prevention
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)
The main implementer:
Ministry of Justice of Ukraine
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
The main implementer:
Ministry of Finance of Ukraine
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
The main implementer:
National Commission on Securities and Stock Market
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
The main implementer:
State Financial Monitoring Service of Ukraine
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
The main implementer:
National Bank of Ukraine
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
The main implementer:
Ministry of Justice of Ukraine
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
The main implementer:
Ministry of Digital Transformation of Ukraine
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
The main implementer:
State Financial Monitoring Service of Ukraine
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
The main implementer:
State Financial Monitoring Service of Ukraine
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
The main implementer:
State Financial Monitoring Service of Ukraine
3.3.3.11.8.
Approving the report of the scheduled national assessment of risks of money laundering and financing of terrorism in Ukraine
The main implementer:
Council on Prevention and Counteraction to Legalization (Laundering) of the Proceeds of Crime or Terrorist Financing and Financing Proliferation of Weapons of Mass Destruction
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
The main implementer:
State Tax Service of Ukraine
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
The main implementer:
State Tax Service of Ukraine
Indicators —
4
Evaluation of achievement of ESR —
indicator 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).
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).
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.
4
According to MONEYVAL reports, Ukraine is compliant or mostly compliant with all FATF recommendations.
* - certain measures are common to several ESRs, but have a separate number (id)