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"About the Central Bank Russian Federation(Bank of Russia)" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2002, N 28, Art. 2790; 2003, N 2, Art. 157; N 52 (Part I), Art. 5032) The Bank of Russia establishes the following requirements for the training and education of personnel in credit institutions.

Judicial practice and legislation - Instruction of the Bank of Russia dated 09.08.2004 N 1485-U (as amended on 27.11.2014) On the requirements for the training and education of personnel in credit institutions

2.1.6. training programs for employees of a credit institution on countering the legalization (laundering) of proceeds from crime and the financing of terrorism;

(As amended by the letter of the Central Bank of the Russian Federation dated January 16, 2003 N 6-T)

2.1.7. a program that determines the procedure for organizing work in a credit institution to refuse to conclude bank account (deposit) agreements with individuals and legal entities and to refuse to execute a client's order to carry out a transaction;

T E S T

checking the knowledge of employees of organizations engaged in transactions with funds or other property of the requirements of the legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism

1. Legalization (laundering) of proceeds from crime is:

a) possession, use or disposal in cash or other property obtained as a result of a crime.

b) giving a lawful form to the possession, use or disposal of funds or other property obtained as a result of committing a crime of a property nature;

c) giving a legal form to the possession, use or disposal of money or other property obtained as a result of a crime, with the exception of the crimes provided for by Articles 193, 194, 198, 199, 199.1 and 199.2 of the Criminal Code of the Russian Federation;

2. Financing of terrorism is:

a) providing or raising funds or providing financial services with the knowledge that they are intended to finance an organized criminal community and its organizations, prepare and commit crimes under Articles 206, 193, 194, 198, 199, 199.1 and 199.2 of the Criminal Code of the Russian Federation ;

b) providing or raising funds or providing financial services with the knowledge that they are intended to finance the organization, preparation and commission of at least one of the crimes provided for in articles 205, 205.1, 205.2, 206, 208, 211, 277, 278, 279 and 360 of the Criminal Code of the Russian Federation, or to provide for an organized group, an illegal armed formation or a criminal community (criminal organization) created or being created to commit at least one of these crimes;

c) providing or raising funds or providing financial services with the knowledge that they are intended to finance the organization, preparation and commission of at least one of the crimes provided for in Articles 205, 205.1, 205.2, 206, 208, 211, 220, 221, 277, 278, 279 and 360 of the Criminal Code of the Russian Federation, or to provide for an organized group, an illegal armed formation or a criminal community (criminal organization) created or being created to commit at least one of these crimes;

3. Internal control is:

a) the activities of organizations carrying out transactions with cash or other property to identify transactions subject to internal control;

b) the activities of organizations that carry out transactions with cash or other property to identify transactions subject to mandatory control;

c) activities of organizations that carry out transactions with money or other property to identify transactions subject to mandatory control and other transactions with money or other property related to the legalization (laundering) of proceeds from crime and the financing of terrorism.

4. Organization internal control this is:

a) a set of measures taken by organizations that carry out transactions with funds or other property, including the development of internal control rules, the appointment of special officials responsible for the implementation of internal control rules;

b) a set of measures taken by organizations that carry out transactions with funds or other property, including the development and approval of internal control rules and programs for its implementation;

c) a set of measures taken by organizations that carry out transactions with funds or other property, including the appointment of special officials responsible for compliance with these rules and the implementation of these programs.

5. Implementation of internal control is:

a) implementation of internal control rules and programs for its implementation by organizations that carry out transactions with cash or other property, as well as compliance with the requirements of the legislation on documenting data (information) and their submission to authorized body, for the storage of documents and information, for the training and education of personnel;

b) implementation by organizations that carry out transactions with cash or other property of internal control rules, as well as compliance with the requirements of the legislation for the identification of customers, their representatives, beneficiaries, for documenting data (information) and their submission to the authorized body, for storing documents and information, training and education of personnel;

c) implementation by organizations that carry out transactions with cash or other property of internal control rules and programs for its implementation, as well as compliance with the requirements of the legislation on the identification of customers, their representatives, beneficiaries, on documenting data (information) and their submission to the authorized body.

6. Does the measures aimed at combating the legalization (laundering) of proceeds from crime and the financing of terrorism include a ban on informing clients and other persons about the measures taken to combat the legalization (laundering) of proceeds from crime and the financing of terrorism:

a) no, it does not apply, there is no such obligation;

b) yes, applies only to persons in respect of whom there is evidence of their involvement in extremist activities or terrorism, or entity, directly or indirectly owned or controlled by such organization or person, or a natural or legal person acting on behalf of or at the direction of such organization or person;

c) Yes, it does.

7. A transaction with cash or other property is subject to mandatory control if:

a) the amount for which it is made is equal to or exceeds 600,000 rubles or is equal to or exceeds the amount in foreign currency equivalent to 600,000 rubles, and by its nature refers to the provision by legal entities that are not credit institutions of interest-free loans to individuals and (or ) other legal entities, as well as obtaining such a loan;

b) the amount for which it is made is equal to or exceeds 3,000,000 rubles or is equal to or exceeds the amount in foreign currency equivalent to 3,000,000 rubles, and by its nature refers to the provision by legal entities that are not credit institutions of interest-free loans to individuals and (or ) other legal entities, as well as obtaining such a loan;

c) the amount for which it is made is equal to or exceeds 600,000 rubles or is equal to or exceeds the amount in foreign currency equivalent to 600,000 rubles, and by its nature refers to the provision by legal entities that are not credit institutions of any loans to individuals and (or ) other legal entities, as well as obtaining such a loan;

8. An operation with cash or other property is subject to mandatory control if:

a) the amount for which it is made is equal to or exceeds 600,000 rubles or is equal to or exceeds the amount in foreign currency equivalent to 600,000 rubles, and by its nature refers to the contribution by a person to the authorized (share) capital of the organization of funds;

b) the amount for which it is made is equal to or exceeds 600,000 rubles or is equal to or exceeds the amount in foreign currency equivalent to 600,000 rubles, and by its nature refers to the contribution by an individual to the authorized (share) capital of the organization of cash in cash ;

c) the amount for which it is made is equal to or exceeds 600,000 rubles or is equal to or exceeds the amount in foreign currency equivalent to 600,000 rubles, and by its nature refers to the contribution by a legal entity to the authorized (reserve) capital of an organization of cash in cash ;

9. A real estate transaction is subject to mandatory control if:

a) the amount for which it is made is equal to or exceeds 3 rubles or is equal to or exceeds the amount in foreign currency equivalent to 3 rubles, and the result of its commission is the transfer of ownership;

b) the amount for which it is made is equal to or exceeds 600,000 rubles or is equal to or exceeds the amount in foreign currency equivalent to 600,000 rubles;

c) it is carried out by paying with securities in the amount of 600,000 to 3 rubles;

10. The client must be identified if he:

a) only performs an operation (transaction) subject to mandatory control;

b) only if the employees of the organization carrying out transactions with funds or other property, based on the implementation of internal control programs, have suspicions that any transactions are carried out for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism;

c) performs any operation (transaction), with the exception of an individual's transaction for the purchase or sale of foreign currency in cash for an amount not exceeding rubles or not exceeding an amount in foreign currency equivalent to rubles;

d) A and B are correct.

11. In which case special executive will qualify for:

a) having a higher professional education in the specialty "Jurisprudence", confirmed in the prescribed manner, undergoing training in order to counter the legalization (laundering) of proceeds from crime and the financing of terrorism in the form of an unscheduled briefing;

b) work experience of at least two months in positions related to the performance of duties to combat the legalization (laundering) of proceeds from crime and the financing of terrorism and training in order to counter the legalization (laundering) of proceeds from crime and the financing of terrorism in the form of targeted instruction;

c) the presence of higher vocational education in specialties belonging to the group of specialties "Economics and Management", or in the specialty "Jurisprudence" belonging to the group of specialties "Humanities and Social Sciences", confirmed in the prescribed manner, and in the absence of this education - work experience of at least two years in positions related to the fulfillment of obligations to combat the legalization (laundering) of proceeds from crime and the financing of terrorism and training in order to counter the legalization (laundering) of proceeds from crime and the financing of terrorism in the form of targeted instruction.

12. About what briefing in question, if it is carried out by a special official when hiring for positions or to perform the functions specified (specified) in paragraphs 3, 4 of the Regulations, and when transferring ( temporary transfer) in positions or to perform the functions specified (specified) in paragraphs 3, 4 of the Regulations.

a) planned;

b) unscheduled;

c) target;

d) introductory.

13. One-time AML and CFT training in the form of targeted briefing is provided for:

a) special officials;

b) heads of organizations (branch);

c) deputy heads of organizations (branches);

e) the head of the legal unit or the lawyer of the organization;

f) a, b, c, d, e are correct;

g) a, b, c, d are correct.

14. For how long is the organization obliged to suspend the transaction if at least one of the parties is an organization or individual, in respect of which there is information received in the prescribed manner about their participation in terrorist activities, or a legal entity directly or indirectly owned or controlled by such an organization or person, or a natural or legal person acting on behalf of or at the direction of such an organization or faces:

a) three business days;

b) two working days;

c) 10 working days.

15. How normative document a unified approach to development by organizations (with the exception of credit institutions) that carry out transactions with cash or other property specified in Article 5 federal law from 01.01.2001 , the rules of internal control carried out in order to counteract the legalization (laundering) of proceeds from crime and the financing of terrorism:

a) Decree of the Government of the Russian Federation of 01.01.01;

b) Decree of the Government of the Russian Federation dated 01.01.2001;

c) Decree of the Government of the Russian Federation.

16. Organizations carrying out transactions with funds or other property in accordance with the rules of internal control are obliged to document the information obtained as a result of the application of these rules and the implementation of programs for the implementation of internal control, and keep it confidential, while the grounds for documenting information are:

a) the confusing or unusual nature of a transaction that does not have an obvious economic meaning or an obvious legitimate purpose;

b) non-compliance of the transaction with the goals of the organization's activities, established by the constituent documents of this organization;

c) identification of repeated transactions or transactions, the nature of which gives reason to believe that the purpose of their implementation is to evade the mandatory control procedures provided for by this Federal Law, other circumstances that give reason to believe that transactions are carried out in order to legalize (launder) income received criminal means, or the financing of terrorism.

d) only A and B are true;

e) only A and B are true;

f) A, B and C are correct.

17. Who supervises the implementation of the Federal Law of 01.01.2001 N 115-FZ "On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism":

a) Rosfinmonitoring;

b) the Prosecutor General of the Russian Federation and prosecutors subordinate to him;

c) the President of the Russian Federation;

d) Government of the Russian Federation.

The condition for completing the test is that only 1 answer can be correct.

Do not rush to provide documents!

The procedure for receiving the request of the Prosecutor's Office:

1. Carefully study the list of required documents;
2. Check the internal control rules for AML/CFT purposes for compliance with the applicable law at the time of submission to the Prosecutor's Office;
3. Check with the assistant prosecutor what is meant by this or that document if the requirement contains vague wording;
4. Study all the obligations of organizations or individual entrepreneurs that must be performed in accordance with the law in order to answer all the questions of the inspector;
5. If you have any doubts about the correctness of the organization of internal control, in compliance of documents with the norms of the law, contact a specialist in financial monitoring and AML / CFT.

Specialists of the "National Treasure" (METsFM) participated in numerous inspections conducted by the Prosecutor's Office, and they know all the subtleties of this process.

When contacting the centre:

• will analyze all available documents in the organization or the individual entrepreneur;
• if necessary, correct the mistakes made;
• prepare the missing documents;
• conduct a detailed consultation on the procedure for checking documents by the Prosecutor's Office;
• prepare the responsible employee or manager for typical questions that the auditor may ask;
• if necessary, our specialist may be present with you at the Prosecutor's Office when submitting documents by proxy or represent your interests independently.

Typical mistakes made by organizations and individual entrepreneurs when checking the Prosecutor's Office.

We are often approached by organizations and individual entrepreneurs who have received a recommendation from the prosecutor's office to eliminate the violations committed or are already in the process of administrative proceedings in connection with the violations identified. As practice shows, most often it is possible to eliminate violations even before submitting documents for verification. Consequences in the form of administrative punishment occur most often for the following reasons:

• provision of an incomplete package of documents due to a misunderstanding of the wording set out in the requirement.

For example, the list usually contains a requirement to provide documents confirming that employees have completed training. This requirement should be understood not only as a document confirming the completion of training (targeted AML / CFT briefing) by a special official, but also documents confirming the completion of introductory, planned and additional internal training by all employees of the organization. If the organization did not keep records of training, the violation will be on the face.

The same applies to the common misconception that if the organization has no employees other than the director or individual entrepreneur, then there is no need to draw up training documents;

• lack of knowledge of the obligations of the organization or individual entrepreneur in financial monitoring and AML / CFT leads to the fact that when the supervisor interviews the manager and the responsible employee, the latter cannot answer the questions correctly about the procedure for fulfilling duties.

For example, on the procedure for providing information to Rosfinmonitoring, the frequency of providing information and supporting documents;

• provision of internal control rules for AML/CFT purposes in a version that is not up-to-date as of the date of submission.

We have described only some of the errors. If you are not 100% sure that you are correctly and fully complying with the requirements of the law, first contact the professionals.

Our specialists have developed a package of documents for non-credit financial institutions in accordance with the requirements of Bank of Russia Ordinance No. 3471-U dated December 5, 2014 "On the requirements for the training and education of personnel in non-bank financial institutions":

1. Training and education program for employees in the field of AML/CFT/CPF.
2. Training program for employees on AML / CFT / CP for conducting an introductory (initial) briefing.
3. Evidence that the employee has completed AML/CFT/CPF training.
4. Certification sheet.
5. Tests to test the knowledge of employees on AML / CFT / CP (25 pieces).
6. Answers to tests (25 pieces).
7. Annual AML/CFT/CPF knowledge testing plan for employees.
8. Annual plan for the implementation of the AML/CFT/CP training program for employees.
9. Order on approval of the list of employees who must undergo mandatory AML/CFT/CP training.

A sample of the AML/CFT/CFT training and education program for employees of a non-credit financial institution, compiled by our specialists

For an additional fee, our specialists prepare all of the above documents, taking into account organizational structure non-credit financial organization and its type of activity (pawnshop, MCC, MFC, CPC, ACCC, insurance company, insurance broker, NPF, UK, etc.). Upon receipt of documents by e-mail, you will only need to print them, sign and stamp. Details about the service e-mail [email protected] website/

Training and education program for employees of a financial institution in the field of AML / CFT / PF

In a financial institution, taking into account the nature and characteristics of its activities, the nature and characteristics of the activities of its clients, measures should be taken to train and educate its employees on AML / CFT. So, first of all, a financial institution should develop a training and education program for employees in the field of AML / CFT and approve the list of employees who must undergo AML / CFT training by the head of the financial institution. At the same time, the AML/CFT training program for NFI employees must contain:

• study of legislative acts of the Russian Federation, regulations of the Bank of Russia and other regulatory legal acts of the Russian Federation in the field of AML/CFT;
• study of the rules and programs for the implementation of internal control in a financial organization in the performance of official duties by an employee, as well as the measures of responsibility that can be applied to an employee of a financial organization for failure to comply with legislative acts of the Russian Federation, regulations of the Bank of Russia, other regulatory legal acts of the Russian Federation in the field of AML /FT and internal documents financial organization adopted for the purpose of organizing and exercising internal control;
• study of typologies, typical schemes and methods of money laundering and terrorist financing, as well as criteria for identifying and signs of unusual transactions;
• checking the knowledge of employees of a financial institution on AML / CFT.

The AML/CFT training and education program should be reviewed periodically (at least once a year) by the responsible officer. That is, for example, a special official is obliged to annually update tests in order to test the knowledge of employees of a financial organization, update educational and methodological material intended for conducting introductory briefing with employees when they are hired.

The initial testing of AML/CFT knowledge of employees of a financial institution is carried out after one month from the date of the introductory (primary) briefing. The form and procedure for checking the knowledge of employees on AML / CFT are determined by the financial institution independently. For example, it could be employee testing.

In addition to taking into account the facts of checking the knowledge of employees, it is also necessary to record the passage of training by employees in three forms. The procedure for maintaining such accounting is established by the head of the financial institution. The fact that an introductory (primary) and targeted (unscheduled) briefing has been conducted with an employee must be confirmed by his/her own signature in a document, the form and content of which the financial institution determines independently. are kept in the personal file of the employee during the entire time of his work in a financial institution. It is allowed to store these documents in in electronic format. Recall that training in financial institutions is carried out in three forms:

1. introductory (primary) briefing;
2. targeted (unscheduled) briefing;
3. advanced training (scheduled briefing).

Introductory briefing for employees of a non-bank financial institution

Introductory (primary) briefing is carried out in order to familiarize employees with the legislative acts of the Russian Federation, regulations Bank of Russia, regulatory legal and other acts of the Russian Federation in the field of AML / CFT, as well as internal documents on AML / CFT of a financial institution. Internal AML/CFT documents primarily include internal control rules or they are briefly referred to as the AML/CFT IRC.

An introductory (primary) briefing is carried out once by a responsible employee within one month from the date of hiring the employee, as well as from the date of transfer to other positions.

Targeted briefing for employees of a non-bank financial institution

Targeted (unscheduled) briefings are given to employees of a financial institution in order to obtain the knowledge necessary for them to comply with the laws of the Russian Federation, Bank of Russia regulations, regulatory legal and other acts of the Russian Federation in the field of AML / CFT, as well as the formation and improvement of the system of internal control of non-credit financial institutions, its implementation programs and internal documents of a non-credit financial institution adopted for AML/CFT purposes. Training in the form of targeted (unscheduled) briefing must be completed:

• a person planning to perform the functions of a responsible official, before the start of such functions;
• the head of a financial organization and the head of a branch of a financial organization, before being appointed to the relevant position;
• individual entrepreneur, which is an insurance broker, prior to the commencement of activities for the provision of services of an insurance broker;
• employees structural unit for AML/CFT, employees of the internal control service of a financial institution (including a branch) and employees from additional lists established by the Bank of Russia, within a year from the date of appointment to the relevant positions or assignment of the relevant official duties to them.

Targeted (unscheduled) briefing of the employees of the financial institution specified in this Instruction is carried out by the responsible officer in four cases:

1. in the event of changes in existing and entry into force of new legislative acts of the Russian Federation, Bank of Russia regulations, regulatory legal and other acts of the Russian Federation in the field of AML / CFT, in terms of issues related to the relevant areas of activity of financial organizations, no later than three business days from the date of entry into force of relevant acts;
2. when a financial institution approves new or changes current rules internal control for the purposes of AML / CFT and programs for its implementation, no later than ten working days from the date of approval or amendment of these documents. At the same time, for persons subject to training in accordance with the requirements of this Instruction and absent from the workplace due to vacation, business trip or temporary disability, the period begins to be calculated from the working day following the day the vacation ends, business trip or a period of temporary disability.
3. when transferring an employee to another permanent job (temporary job) within a financial institution that provides for the performance of functions that are different from those performed by him before such transfer, in the event that a targeted (unscheduled) briefing - no later than ten working days from the date of the occurrence of the relevant case;
4. when entrusting an employee of a financial organization with work performed by employees of a financial organization indicated in the additional lists of the Central Bank, and not due to the agreement concluded with him employment contract when the performance of such work does not entail a change in the terms of such an agreement - no later than ten working days from the date of the occurrence of the relevant case.

Improving the qualifications of employees of a non-bank financial institution

Advanced training (scheduled briefing) is carried out in the form of participation in seminars and other training events.

Responsible employees of financial institutions undergo advanced training (scheduled briefing) at least once a calendar year.

The employees of insurance organizations and professional participants of the securities market included in the list undergo advanced training (scheduled briefing) at least once a calendar year.

Other employees of financial institutions included in the List undergo advanced training (scheduled briefing) at least once every two calendar years.

The main (general) list of employees of a financial institution who must undergo AML / CFT training

In Ordinance No. 3471-U dated 05.12.2014 "On the requirements for the training and education of personnel in non-bank financial institutions", the Bank of Russia established a general and additional lists of NFO employees who are required to undergo AML / CFT training. So, the following employees are included in the main list, respectively, if there are corresponding positions in the state:

1. head of a financial institution;
2. head of a branch of a financial institution;
3. Deputy Head of a financial organization (branch), supervising, in accordance with the written distribution of duties, the organization and implementation of internal control for the purposes of AML / CFT;
4. Chief Accountant(accountant) of a financial organization (branch) or an employee who performs the functions of maintaining accounting;
5. a special official responsible for the implementation of internal control rules for AML / CFT purposes in a financial institution;
6. employees of the AML/CFT structural unit, if such a structural unit is formed under the supervision of a responsible officer;
7. controller;
8. employees of the internal control service of a financial organization (branch);
9. head of the legal unit of a financial organization (branch) or a lawyer;
10. head of the security service of a financial organization (branch);
11. other employees of a financial organization (branch) at the discretion of its head, taking into account the specifics of the organization's (branch) activities and the activities of its clients.

Additional lists of employees of a financial institution who must undergo AML / CFT training

In addition to the general list of positions of employees who must undergo AML / CFT training, the Bank of Russia, in Directive 3471-U, has established additional lists of employees depending on the type of activity of a financial institution.

1. A professional participant in the securities market,

1. head and deputy head of the structural subdivision of a professional participant in the securities market (branch), which carries out professional activity in the financial market;
2. employees of a professional securities market participant (branch) who, in accordance with official duties perform at least one of the following functions:

• • transactions with securities, including on behalf of a professional participant in the securities market and at the expense of a professional participant in the securities market, on behalf of clients and at the expense of clients, on behalf of a professional participant in the securities market and at the expense of clients;
  • maintaining internal records of transactions with securities;
  • carrying out transactions related to the transfer of ownership of securities on customer depo accounts;
  • carrying out operations related to the transfer of ownership of securities on personal accounts of registered persons.

2. Management company The following employees are included in the additional List:

1. head and deputy head of the structural unit management company(branch) that operates in the financial market;
2. employees of the management company (branch) who, in accordance with their official duties, perform at least one of the following functions:

• • making transactions and (or) operations with cash and (or) securities in the interests of the founder of the management;
  • signing outgoing documents of the management company (branch) regarding the implementation of operations related to the management of mortgage coverage;
  • signing outgoing documents of the management company (branch) regarding the implementation of operations related to the management of investment reserves of a joint-stock investment fund, property constituting a share investment fund, means of pension reserves of a non-state pension fund or property in which funds of pension savings or savings for housing provision of military personnel are invested;
  • signing outgoing documents of the management company (branch) relating to the implementation of operations related to the management of securities belonging to a joint-stock investment fund, securities as part of the property constituting a mutual investment fund, or securities in which pension reserves of a non-state pension fund are placed or invested funds for pension savings or savings for housing for military personnel.

3. Insurance organization The additional list includes the following employees:

1. head and deputy head of the structural subdivision of the insurance company (branch) performing functions related to insurance activities;
2. service staff internal audit insurance organization (branch);
3. employees of an insurance organization (branch) who, in accordance with their official duties, perform at least one of the following functions:

• • conclusion of insurance contracts;
  • transactions and (or) operations with insurance reserves and (or) own funds (capital).

4. NPF The additional list includes the following employees:

1. head and deputy head of the structural subdivision of the NPF (branch), which operates in the financial market;
2. employees of an NPF (branch) who, in accordance with their official duties, perform at least one of the following functions:

• • transactions and (or) operations with pension reserves and (or) pension savings;
  • performance of operations for the payment and (or) transfer of funds for non-state pension provision, including early non-state pension provision, compulsory pension insurance.

5. CPC, including ACCC, and MFIs (MCC and IFC) the additional list includes employees who perform the functions of raising funds from individuals and legal entities.

An additional list of employees is not currently established only for pawnshops. For other financial institutions, the Bank of Russia has established lists for each type of activity.