Measure
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
Measure status:
Actual execution date:
31.12.2023
The measure is aimed at achieving 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:
Responsible implementors (authorities):
Sources of funding:
state budget
Volumes of financing (thousand UAH):
within the established budget allocations for the relevant year
Performance indicator:
The bylaw normative legal acts have been aligned with said laws and EU Directive 2015/849.
Implementing status
Progress/Result of implementation:
The State Financial Monitoring Service of Ukraine (hereinafter referred to as the SFMSU) in accordance with the Regulation on the State Financial Monitoring Service of Ukraine approved by the Cabinet of Ministers of Ukraine dated July 29, 2015 No. 537 (hereinafter referred to as the Regulation) has no authority to develop its own regulations.
However, in accordance with subclause 9 of clause 4 of the Regulation, the SFMSU, in accordance with its tasks, approves in the prescribed manner draft normative legal acts of the state financial monitoring entities on preventing and combating the laundering of proceeds of crime, financing of terrorism, and financing of proliferation of weapons of mass destruction.
According to the information provided by the SFMSU, two draft Resolutions of the Cabinet of Ministers of Ukraine aimed at aligning the bylaws with the Laws of Ukraine dated December 6, 2019 No. 361-IX and November 4, 2022 No. 2736-IX were processed, namely
- On Approval of the Procedure of Oversight in the Area of Preventing and Combating the Laundering of Proceeds of Crime, Financing of Terrorism, and Financing of Proliferation of Weapons of Mass Destruction of the Activities of Primary Financial Monitoring Entities, State Regulation and Oversight of Which is Carried Out by the Ministry of Finance of Ukraine, the Ministry of Justice of Ukraine, and the Ministry of Digital Transformation of Ukraine (developed by the Ministry of Finance of Ukraine).
- On Approval of Evidentiary Standards of Reasonable Suspicion for Inclusion/Exclusion to/from the UN Security Council Sanctions Lists, Foreign States' Sanctions Lists and the List of Persons Associated with Terrorist Activities or Subject to International Sanctions (developed by the Ministry of Justice of Ukraine).
Taking into account the above, the status of "implemented " was assigned due to the achievement of the indicator of the measure.