New responsibilities of credit institutions. Requirements for blocking and freezing the assets of persons who are recognized as involved in extremist activities Freezing funds 115 Federal Law

Many articles were devoted to the issue of account blocking in the second half of 2017. They even opened it at Klerk.

Some are trying to understand the reasons for the blocking, some are trying to understand the legality of the banks’ actions, others are criticizing both the authorities and the banks for putting pressure on business.

We have attempted to analyze specific actions to prevent and “remove” blocking.

First let's understand the terms

The legislation does not contain the concept of “account blocking”. According to the Federal Law of 07.08.2001 N 115-FZ "On combating the legalization (laundering) of proceeds from crime and the financing of terrorism" blocking (freezing) non-cash Money, valuable papers, property is possible only if there are grounds for the owner’s involvement in extremist activities or terrorism.

As for account transactions, they can be suspended or may be refused. At the same time, the owner of the funds is not deprived of the right to use them, although he is limited in actions within a specific account.

However, the term that has taken root in everyday life "account blocking" has the right to exist as expressing the very essence of the phenomenon that the business is faced with.

IN this article We do not consider the grounds for blocking an account at the initiative of the Federal Tax Service, as a result of restrictions imposed by the court, etc. The established procedure in these cases has not changed.

What do banks focus on?

Banks are obliged by virtue of Art. 7 Federal Law No. 115-FZ receive information about the purposes of establishing and the expected nature of business relationships, take measures on a regular basis to determine the goals of financial and economic activity, financial position and business reputation of clients, and also has the right to take measures to determine the sources of origin of funds and (or) other property of clients.

Several dozen reasons for account blocking are highlighted central bank RF in addition to those specified in the law. Studying them can broaden your horizons, but by virtue of Article 4 of Federal Law No. 115-FZ, you will only find out about blocking an account after it has already been blocked, because banks are prohibited from “informing clients and other persons about the measures taken combating the legalization (laundering) of proceeds from crime and the financing of terrorism, with the exception of informing clients about the measures taken on freezing (blocking) funds or other property, on suspension of a transaction, on refusal to execute a client’s order to carry out transactions, on refusal to conclude an agreement bank account(deposit), on the need to provide documents” (Article 4 of Federal Law No. 115-FZ).

An attempt to appeal to the Constitutional Court the right of the Central Bank of the Russian Federation to develop lists of grounds for refusal in accordance with Federal Law No. 115-FZ was refused by the Determination Constitutional Court RF dated 05/25/2017. No. 1105-O

We have summarized the instructions of the Central Bank of the Russian Federation, judicial practice and developed specific recommendations that will allow us to work with minimal risks account blocking.

1. Pay taxes (more than 0.9% debit turnover) in each of the banks in which the organization’s accounts are opened. At the same time, the Central Bank of the Russian Federation instructs banks to pay attention to clients who artificially inflate the amount of taxes and other obligatory payments paid to 0.9% or slightly exceeding it. That is, the dangerous threshold exceeds 0.9%. We recommend being guided by the number 1% of debit turnover.

2. Provide documents required by the bank- exclusively with an inventory and signed by a bank employee, in accordance with the list specified by the bank.

If you cannot provide any document from the list, explain the reason under the corresponding number of the list of requested documents. Based on a court decision, the client was returned the funds written off by the bank, because it was proven that the organization promptly provided the documents requested by the bank; no additional requests were received from the bank - Resolution 9 of the AAS dated March 16, 2017. in case A40-230891/2016. In case No. A40-2022834/16, the bank client proved that the bank did not request documents on the suspended transaction, and therefore the court ordered the bank to make the payment it had suspended.

Incomplete provision, on the contrary, allowed the court to recognize the bank’s actions as justified - Resolution of the Arbitration Court of the Far Eastern District dated November 24, 2017. No. Ф03-4555/2017

3. Timely make changes to the Unified State Register of Legal Entities, if the list of types of economic activities has been expanded. Payment, the purpose of which is not typical for those specified in the Unified state register for legal entities, information about the types of activities (OKVED) of your organization gives the bank the right to block such an operation - this is exactly the conclusion that the courts of three instances came to in case A65-26637/2015.

4. Cash withdrawal make only for purposes related to wages and other social benefits, or if the payment is non-cash impossible.

The need to withdraw cash must be confirmed not only primary documents, but also the structure of doing business, which implies such payments, for example, it would be justified to withdraw cash when doing business to purchase recyclable materials from the population - Resolution of the Ninth Arbitration Court court of appeal dated 05/31/2017. in case No. A40-238673/16.

5. Carefully study the agreement with the bank and the bank documents used under it (as a rule, the agreement contains a link to documents posted on the bank’s website).

6,830 thousand rubles were written off from the client’s account. for late provision of documents on the basis of email bank, as well as compensation for the bank’s expenses for checking the actual location of the organization, the court found these actions of the bank to be lawful, because the write-off was provided for in the contract - Resolution 9AAS dated April 13, 2017. in case A40-203363/16.

In another case, the client managed to prove that the bank wrote off 500 thousand rubles. a fine for failure to provide documents upon an unsigned request in the presence of a client’s application to terminate a bank account agreement is unlawful. The fine was returned by the court to the organization - Resolution 9 of the Arbitration Court of Appeal dated May 26, 2017. No. 09AP-19461/2017.)

6. Provide Availability of information about the location of the individual sole proprietor(office) on the territory of the legal address (signs, signs, etc.), place information on the website whose address is indicated on the form.

Evidence of real location at the registration address helped the organization defend its right to open a bank account - Determination of the Armed Forces of the Russian Federation dated September 21, 2017. No. 306-ES17-12604.

7. As detailed as possible indicate the purpose of payment, this will allow the bank not to include you in the list of clients whose transactions do not have an “obvious economic sense", which entails, by virtue of Letter of the Central Bank of the Russian Federation dated December 31, 2014 No. 236-T, the bank’s obligation to pay special attention to all transactions and request the maximum number of documents for them.

8. Do not use for entrepreneurial activity , including for payments under contracts for the purchase of raw materials, payment for work, etc., personal bank cards - the latter entails blocking the current account to which a personal bank card: Appeal ruling of the Perm Regional Court dated 10/05/2016 in case No. 33-11853/2016, Appeal ruling of the Saratov Regional Court dated 11/29/2016 in case No. 33-9060/2016, Appeal ruling Appeal ruling of the Perm Regional Court dated 02/10/2016 in the case No. 33-1316/2016 of the Moscow City Court dated May 26, 2016 in case No. 33-20770).

9. Do not use the same computer, phone, etc. to access accounts of different organizations, since in the event of closing the accounts of one organization, all other organizations whose accounts were accessed through the same technical devices, as well as if their representatives coincide, are at risk of having their accounts blocked (clause 3 Methodological recommendations Central Bank of the Russian Federation dated July 21, 2017. No. 18-MR).

10. Notify the authorized body on carrying out transactions in the amount of more than 600,000 rubles, as well as other controlled transactions by virtue of Art. 6 of Federal Law No. 115-FZ. Failure to report such a transaction may result in both account blocking - Ruling of the RF Armed Forces No. 301-ES17-2205 dated 04/06/2017, and administrative liability - Resolution of the Administrative Court of the East Siberian District dated 12/24/2015 in case A33-5752/2015 ).

11. Challenge the bank's decision to block, if you consider it illegal, because the opposite may contribute to getting on the “black list”, which entails refusals to open accounts in almost any bank. The courts indicate that it is the bank that must confirm and prove that suspicions that the client may have committed a money laundering operation were justified at the time of the refusal to open an account. Refusal to open a current account without such justification was recognized by courts of all instances as unlawful (see Definition Supreme Court RF dated 08/25/2017. No. 301-ES17-10939, Ruling of the Supreme Court of the Russian Federation dated April 24, 2017. No. 310-ES17-3468).

How to make money from bank clients

Some bank employees sometimes try to capitalize on the fear of blocking accounts by offering either services to search for your counterparties on “black” lists, or to notify you of an upcoming block, or by guaranteeing that if you take out a loan from the bank, your account will not be blocked. Such measures don't work.

The Central Bank of the Russian Federation strictly monitors the activities of controlled banks; in judicial practice there are also cases of banks unsuccessfully trying to evade the supervisory eye. The Central Bank also uses an extreme measure in relation to banks evading control - revocation of the license.

We must remember that by virtue of clause 12 of Art. 7 of Federal Law No. 115-FZ, banks are exempt from civil liability for blocking an account.

Folding arbitrage practice in the client-bank relationship is heterogeneous, the courts take into account the actual circumstances of the case, so the entrepreneur always has a chance to defend his right to conduct mutual settlements through the bank of his choice, as well as to prevent such risks by completing documents in a timely and complete manner.

FEDERAL FINANCIAL MONITORING SERVICE

INFORMATION

On the application by credit institutions of measures to freeze (block) funds or other property and suspend operations

In connection with the increasing number of requests regarding the use of measures by credit institutions for:

1. refusal to execute a client’s order to complete a transaction (clause 11 of Article 7 of Federal Law No. 115-FZ of August 7, 2001 “On Combating Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism" (hereinafter referred to as Federal Law No. 115- Federal Law));

2. refusal to conclude a bank account agreement and termination of a bank account (deposit) agreement (clause 5.2 of Article 7 of Federal Law No. 115-FZ);

3. freezing (blocking) funds (subparagraph 6 of paragraph 1 of Article 7 of Federal Law No. 115-FZ);

4. suspension of operations (clause 10 of Article 7 of Federal Law No. 115-FZ).

Article 5 of Federal Law No. 115-FZ establishes a list of organizations that carry out transactions with funds or other property, which are subject to the requirements of Federal Law No. 115-FZ. This list also includes credit institutions.

The rights and obligations of organizations carrying out transactions with funds or other property are enshrined in Article 7 of Federal Law No. 115-FZ:

1. Paragraph 11 of Article 7 of Federal Law No. 115-FZ provides for the right credit organizations refuse to execute a client’s order to carry out a transaction if an employee of a credit institution, in the course of implementing internal control rules, suspects that the operation (transaction) is being carried out for the purpose of legalizing (laundering) proceeds from crime and financing terrorism.

2. Clause 5.2 of Article 7 of Federal Law No. 115-FZ provides for the right of credit institutions:

- refuse to enter into a bank account (deposit) agreement with an individual or legal entity, a foreign structure without forming a legal entity, in accordance with the internal control rules of a credit organization if there are suspicions that the purpose of concluding such an agreement is to carry out transactions for the purpose of legalization ( laundering) proceeds from crime or financing of terrorism;

- terminate the bank account (deposit) agreement with the client if two or more decisions are made within a calendar year to refuse to execute the client’s order to perform a transaction on the basis of paragraph 11 of Article 7 of Federal Law No. 115-FZ.

3. Subparagraph 6 of paragraph 1 of Article 7 of Federal Law N 115-FZ provides for the obligation to take measures to freeze (block) funds or other property of persons in relation to whom there is information about their involvement in extremist activities or terrorism, as well as persons in relation to whom there are sufficient grounds to suspect their involvement in terrorist activities (including the financing of terrorism) in the absence of grounds for inclusion in the List, except for the cases established by paragraph 2.4 of Article 6 of Federal Law No. 115-FZ.

At the same time, in accordance with paragraph 2.4 of Article 6 of Federal Law N 115-FZ, an individual included in the list of organizations and individuals in respect of whom there is information about their involvement in extremist activities or terrorism, in order to ensure their livelihoods, as well as the livelihoods of those living together with members of his family who do not have independent sources of income have the right to:

1) carry out transactions with funds or other property aimed at receiving and spending wages in an amount not exceeding 10,000 rubles per calendar month per each specified family member;

2) carry out transactions with funds or other property aimed at receiving and spending pensions, scholarships, benefits, etc. social benefits in accordance with the legislation of the Russian Federation, as well as for the payment of taxes, fines, and other obligatory payments on obligations individual;

3) carry out, in the manner established, transactions with funds or other property aimed at receiving and spending wages in an amount exceeding the amount specified in subparagraph 1 of this paragraph, as well as making payments for obligations that arose before his inclusion to the specified list.

4. Clause 10 of Article 7 of Federal Law N 115-FZ establishes the obligation to suspend a transaction, with the exception of transactions for crediting funds received to the account of an individual or legal entity, for five working days from the day on which the client’s order to carry it out must be executed , if at least one of the parties is:

a legal entity directly or indirectly owned or controlled by an organization or individual in respect of which measures have been taken to freeze (block) funds or other property in accordance with subparagraph 6 of paragraph 1 of this article, or an individual or legal entity acting on behalf of on behalf of or at the direction of such organization or person;

an individual carrying out a transaction with funds or other property in accordance with subparagraph 3 of paragraph 2.4 of Article 6 of Federal Law N 115-FZ.

If, within the period for which the operation was suspended, the decision of Rosfinmonitoring to suspend the corresponding operation for an additional period on the basis of part three is not received, the above organizations carry out the operation with funds or other property at the order of the client, unless a different decision is made in accordance with the legislation of the Russian Federation , restricting the implementation of such an operation.

In accordance with paragraph 3 of Article 8 of Federal Law N 115-FZ, Rosfinmonitoring issues a resolution to suspend transactions with funds or other property specified in paragraph 10 of Article 7 of this Federal Law for a period of up to 30 days if the information received by it in in accordance with paragraph 10 of Article 7 of Federal Law No. 115-FZ, based on the results of the preliminary inspection, it was recognized as justified.

At the same time, in accordance with paragraph 9 of Article 7 of the Federal Law of August 7, 2001 N 115-FZ, control over the execution by physical and legal entities of this Federal Law in terms of recording, storing and presenting information on transactions subject to mandatory control, the organization and implementation of internal control is carried out by the relevant supervisory authorities (in cases established by federal laws, institutions subordinate to government agencies) in accordance with their competence and in the manner established by the legislation of the Russian Federation, as well as the authorized body in the absence of the specified supervisory authorities or institutions in the field of activity of individual organizations carrying out transactions with funds or other property.

In accordance with paragraph 4 of Article 4 of the Federal Law of July 10, 2002 N 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia)", supervision of the activities of credit institutions and banking groups is carried out by the Bank of Russia.

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Some entrepreneurs are faced with account blocking in their activities. And often it occurs on the basis of Federal Law 115. But not all businessmen know what are the reasons for such an action on the part of the bank.

In this legal act refers to the laundering of funds that were obtained illegally. And if at least once a legal entity’s account was “frozen” on suspicion of such fraud, then it is blacklisted by all banks.

However, there are precautions that can be taken to avoid blocking. We'll talk about them today. You will also learn what to do if your account has already suffered an unpleasant fate.

Account blocking under Federal Law 115

One fine day, a businessman may discover that his account is blocked. What to do in this case, is it possible to get your money and how to make payments with counterparties?

Reasons for freezing an account- these are dubious transactions that are carried out on your account. For example, the account was deposited large sum small payments over a long period of time or, conversely, you constantly withdraw large limits. Banks do not like such transactions and are often grounds for blocking.

According to Federal Law 115, a credit institution has the right to freeze any account if it suspects that you are engaged in money laundering, that is, you are trying to carry out transactions that make illegally obtained funds legal.

It follows from the law that. Any of them has a service financial monitoring, which closely monitors transactions on the accounts of all clients. Most often, individual entrepreneurs and small businesses are subject to account freezes. It is their activity that involves frequent withdrawals and deposits of cash, which arouses the suspicions of banks.

True, credit institutions also employ people who can make mistakes. And often accounts are blocked without reason. For example, you are a law-abiding citizen, running a “correct” business and are in no way connected with criminal blockings. In this case, a claim for illegal blocking of your account by the bank will help.

However, the consequences of freezing even when drawing up such a document will be disappointing. You will have to prove that the transactions on the account are legal. To do this, you will need to provide all documents confirming this fact. They should reflect all the amounts that passed through your account before the blocking. Only after carefully studying the documents provided do banks decide to unfreeze the client’s account.

Let's take a closer look at the reasons for account blocking. The legislation gives banks this right if there are the following reasons:

• if one of the counterparties is a terrorist (their base is located in any bank. And even if you didn’t know who you were dealing with, then blocking definitely cannot be avoided);
• when carrying out transactions worth more than 600,000 rubles (this is the limit that raises suspicions in Rosfinmonitoring. It doesn’t matter whether you withdraw money, deposit it or transfer it to someone);
• the parties to the transaction conduct operations on behalf of wanted persons;
• the bank has suspicions that the documents you submitted to confirm the legality of the transaction carried out on the account are real;
• The Federal Tax Service became interested in your account and instructed the bank to freeze the account (the tax office also monitors transactions on bank client accounts);
• if the number is large money transfers carried out from the organization in favor of individuals.

How to find out if an account is blocked and for how long

If the bank blocks your account, you will know about it as soon as possible. You will not be able to carry out any operations with it. It is impossible to deposit money, withdraw it or send it even to your own card. IN personal account Only the option to view the balance will be available. Agree, the prospect is not pleasant.

You can learn about account blocking from the lips of bank employee. To do this, you need to go to the department and fill out an application to communicate the reasons for the freezing. The specialist will make a request to the appropriate bank service and then provide you with written notification. True, some banks neglect this action and do not inform clients about the reasons.

In any case, all operations are suspended, and you can only wait. The average account blocking period is 1.5 months. At this time you will not be able to dispose of it. The sooner supporting documents are provided, the more like a bank will consider your application for unlocking.

It is better not to delay this, since in this case your business may lose profit, and you will also have to look for alternative ways of settlements with counterparties and government agencies, in addition to a bank account.

Often the most “sober” solution in such a situation is to close the account. Sometimes banks take too long to review documents, which has a detrimental effect on business, especially if the amount in the account is large. If you terminate the agreement with the bank, you will have access to your own funds.

How to avoid account blocking

By following some rules, you can avoid having your account frozen. For any banking transaction you need to be extremely careful, and our table will help you understand their intricacies.

What banks don't like	Adviсe
The company has several accounts, each of which carries out different operations (for example, taxes are paid in one account, and settlements with counterparties are carried out in another way)	If possible, use one account to conduct all transactions in your business or reduce their number to the minimum possible
"Mass" legal address(there are offices that, for a fee, register a large number of different companies at one address)	It is better for a self-respecting company to have an individual legal address, which will be documented
The age of the director is under 22 years or over 60	Banks trust directors aged 35 to 55 more
The founder of the company is also the founder of several other companies	In this case, know that you will always be under suspicion from banks
The purpose of the payment is unclear	In any payment, indicate clear details of contracts or other reasons for transferring funds
The manager does not communicate with the bank	If you change your phone number, be sure to inform the bank about it
Tax payable is too low	Find out the average amount of taxes payable by load in the industry. The one you pay should not be lower
The company only has a CEO	It is better to have a small staff of hired workers, job responsibilities which are clearly delegated

What to do if your account is blocked

Many businessmen believe that if one account is blocked, it will not be difficult to continue their activities. However, they are wrong. Even if you contact another credit institution, you may be refused to open a new account.

As soon as your account is frozen, this information is sent to all banks, and therefore contacting another bank will not correct the situation. This measure is legal, and you have no right to oppose it.

If your account is blocked, you will need to follow these steps to get access to your money as quickly as possible:

• find out the reason for the freeze (the bank will provide you with a written response on the basis of which you need to proceed further);
• prepare a package of documents justifying account transactions (for example, documents confirming large purchase for business purposes);
• if the account is blocked by a court decision, then you need to file an appeal (the court will consider the situation and, if it does not find reasons for freezing, then your account will quickly become available);
• If possible, contact legal companies that provide advice. Situations can be different, and experienced specialists will tell you how to figure it out faster;
• close the account if the bank takes a long time and does not meet you halfway (if you really carried out transactions within the law).

Banks that rarely block current accounts of individual entrepreneurs and LLCs

Below is a list of banks with the most favorable conditions in Russia.

1. refusal to execute a client’s order to complete a transaction (clause 11 of Article 7 of Federal Law No. 115-FZ of August 7, 2001 “On Combating Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism" (hereinafter referred to as Federal Law No. 115- Federal Law));

2. refusal to conclude a bank account agreement and termination of a bank account (deposit) agreement (clause 5.2 of Article 7 of Federal Law No. 115-FZ);

3. freezing (blocking) funds (subparagraph 6 of paragraph 1 of Article 7 of Federal Law No. 115-FZ);

4. suspension of operations (clause 10 of Article 7 of Federal Law No. 115-FZ).

Article 5 of Federal Law No. 115-FZ establishes a list of organizations carrying out transactions with funds or other property that are subject to the requirements of Federal Law No. 115-FZ. This list also includes credit institutions.

The rights and obligations of organizations carrying out transactions with funds or other property are enshrined in Article 7 of Federal Law No. 115-FZ:

1. Clause 11 of Article 7 of Federal Law N 115-FZ provides for the right of credit institutions to refuse to execute a client’s order to carry out a transaction if an employee of a credit institution, in the course of implementing internal control rules, suspects that the operation (transaction) is being carried out for the purpose of legalization (laundering) of proceeds from crime and financing of terrorism.

2. Clause 5.2 of Article 7 of Federal Law No. 115-FZ provides for the right of credit institutions:

Refuse to conclude a bank account (deposit) agreement with an individual or legal entity, a foreign structure without forming a legal entity, in accordance with the internal control rules of a credit institution, if there are suspicions that the purpose of concluding such an agreement is to carry out transactions for the purpose of legalization (laundering) ) proceeds of crime or terrorist financing;

Terminate a bank account (deposit) agreement with a client if two or more decisions are made during a calendar year to refuse to execute the client’s order to perform a transaction on the basis of paragraph 11 of Article 7

3. Subparagraph 6 of paragraph 1 of Article 7 of Federal Law N 115-FZ provides for the obligation to take measures to freeze (block) funds or other property of persons in relation to whom there is information about their involvement in extremist activities or terrorism, as well as persons in relation to whom there are sufficient grounds to suspect their involvement in terrorist activities (including the financing of terrorism) in the absence of grounds for inclusion in the List, except for the cases established by paragraph 2.4 of Article 6 of Federal Law No. 115-FZ.

At the same time, in accordance with paragraph 2.4 of Article 6 of Federal Law N 115-FZ, an individual included in the list of organizations and individuals in respect of whom there is information about their involvement in extremist activities or terrorism, in order to ensure their livelihoods, as well as the livelihoods of those living together with members of his family who do not have independent sources of income have the right to:

1) carry out transactions with funds or other property aimed at receiving and spending wages in an amount not exceeding 10,000 rubles per calendar month per each specified family member;

2) carry out transactions with funds or other property aimed at receiving and spending a pension, scholarship, allowance, or other social benefit in accordance with the legislation of the Russian Federation, as well as paying taxes, fines, and other obligatory payments on the obligations of an individual;

3) carry out, in the manner established by paragraph 10 of Article 7 of Federal Law N 115-FZ, transactions with funds or other property aimed at receiving and spending wages in an amount exceeding the amount specified in subparagraph 1 of this paragraph, as well as for carrying out payments for obligations that arose before its inclusion in the specified list.

4. Clause 10 of Article 7 of Federal Law N 115-FZ establishes the obligation to suspend a transaction, with the exception of transactions for crediting funds received to the account of an individual or legal entity, for five working days from the day on which the client’s order to carry it out must be executed , if at least one of the parties is:

A legal entity directly or indirectly owned or controlled by an organization or individual in respect of which measures have been taken to freeze (block) funds or other property in accordance with subparagraph 6 of paragraph 1 of this article, or an individual or legal entity acting on behalf of on behalf of or at the direction of such organization or person;

An individual carrying out a transaction with funds or other property in accordance with subparagraph 3 of paragraph 2.4 of Article 6 of Federal Law No. 115-FZ.

If, within the period for which the operation was suspended, the decision of Rosfinmonitoring to suspend the corresponding operation for an additional period is not received on the basis of part three of Article 8 of Federal Law N 115-FZ, the above organizations carry out an operation with funds or other property at the order of the client, if, in accordance with no other decision has been made under the legislation of the Russian Federation limiting the implementation of such an operation.

In accordance with paragraph 3 of Article 8 of Federal Law N 115-FZ, Rosfinmonitoring issues a resolution to suspend transactions with funds or other property specified in paragraph 10 of Article 7 of this Federal Law for a period of up to 30 days if the information received by it in in accordance with paragraph 10 of Article 7 of Federal Law No. 115-FZ, based on the results of the preliminary inspection, it was recognized as justified.

At the same time, in accordance with paragraph 9 of Article 7 of the Federal Law of August 7, 2001 N 115-FZ, control over the implementation by individuals and legal entities of this Federal Law in terms of recording, storing and presenting information on transactions subject to mandatory control, the organization and implementation of internal control is carried out relevant supervisory authorities (in cases established by federal laws, institutions subordinate to state bodies) in accordance with their competence and in the manner established by the legislation of the Russian Federation, as well as the authorized body in the absence of these supervisory authorities or institutions in the field of activity of individual organizations carrying out transactions with funds or other property.

In accordance with paragraph 4 of Article 4 of the Federal Law of July 10, 2002 N 86-FZ "On Central Bank Russian Federation (Bank of Russia)" supervision over the activities of credit institutions and banking groups is carried out by the Bank of Russia.

the procedure for communicating information about the results of an inspection carried out in a credit institution, including its branches, and information about the measures taken to freeze (block) the client’s funds or other property identified during the inspection to the head of the credit institution;

the procedure for informing the authorized body about the measures taken to freeze (block) funds or other property of the client, as well as about the results of the inspection.

The program defining the procedure for applying measures to freeze (block) funds or other property of the client and the procedure for conducting an audit may include other provisions at the discretion of the credit institution.

7.1.2. The credit institution determines in the AML/CFT ICR the procedure for informing the client about the failure to carry out a transaction with funds or other property of the client due to the presence of information about him in the List of Organizations and Individuals or a decision of the interdepartmental coordinating body performing the functions of combating the financing of terrorism on freezing (blocking) funds or other property belonging to the client.

7.1.3. The credit institution determines in the AML/CFT ICR the procedure for terminating measures to freeze (block) funds or other property of a client if the credit institution has information about excluding information about such a client from the List of Organizations and Individuals or about terminating the action previously taken against of such client, the decision of the interdepartmental coordinating body performing the functions of combating the financing of terrorism on the freezing (blocking) of funds or other property of the client, as well as the procedure for partial or complete cancellation of the measures taken to freeze (block) funds or other property in the case established

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