Direction 3.3.
Criminal liability
53.3%
8 /
15
0.0%
Problem 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
53.3%
8 /
15
0.0%
11.1
ОСР
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
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 measure has not been implemented
Not implemented
53.3%
8 /
15
0.0%
11.2
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
Implementation of the measure has started on time
In progress
11.3
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
There is progress in the implementation of the measure
In progress
11.4 (1)
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 measure was implemented on time and in full
Implemented
11.4 (2)
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 measure was implemented on time and in full
Implemented
11.4 (3)
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 measure was implemented on time and in full
Implemented
11.4 (4)
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 measure was implemented on time and in full
Implemented
11.4 (5)
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 measure was implemented on time and in full
Implemented
11.4 (6)
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 measure was implemented on time and in full
Implemented
11.5
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 measure was not implemented on time and in full
Implemented
11.6
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 measure was not implemented on time and in full
Implemented
11.7
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
Not started
11.8
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
Not started
11.9
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
Not started
11.10
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
Not started