State Financial Monitoring Service of Ukraine (here in after – SFMS) developed a relevant draft of the law in order to implement the latest edition of FATF Recommendations into the national legislation.
As a result at October 14 2014, Verkhovna Rada of Ukraine adopted Government Law «On prevention and counteraction to legalization (laundering) of proceeds from crime, terrorist financing and the financing of proliferation of weapons of mass destruction» that came into force February 6 current year.
In order to implement new law SFMS developed all regulations necessary for its effective work.
Reference: Among them, as of today adopted 10 resolutions of Cabinet of Ministers of Ukraine, including 2 mutual with National Bank of Ukraine, 15 decrees of Ministry of Finance of Ukraine, of them – 6 mutual with other governmental agencies.
Like wise SFMS conducted effective work regarding establishing of constructive cooperation with the newly established National Anti-Corruption Bureau of Ukraine.
Taking into the account the extreme urgency and inevitability principle on fighting corruption, SFMS was the first governmental agency to create a framework for full cooperation and signing an agreement with National Anti-Corruption Bureau of Ukraine.
International Monetary Fund mission (hereinafter – IMF) in the framework of verification of benchmarks Agreement to the Memorandum of Economic and Financial Policies certified a high level of legislative support of financial monitoring of Ukraine and highly appreciated the work of the SFMS in this direction.
ІІ. Conduction of financial investigations
SFMS during March 2014 – November 2015 prepared 1 275 case referrals and additional case referrals (of them 712 case referrals and 563 additional case referrals), submitted to:
Prosecutor General’s Office of Ukraine – 129 case referralsand 336 additional case referrals;
Ministry of Internal Affairs – 230 case referralsand 91 additional case referrals;
State Fiscal Service of Ukraine – 133 case referralsand 63 additional case referrals;
Security Service of Ukraine – 219 case referralsand 73 additional case referrals;
Foreign Intelligence Service of Ukraine – 1 case referral.
In the aforementioned case referrals total sum of financial transactions, that can be related with:
- legalization of funds, totals 309,3 bill. UAH;
- committing another crime, defined by the CC of Ukraine totals 65,4 bill. UAH.
· SFMS conducts active work concerning investigation of facts of laundering of proceeds from crime, embezzlement and misappropriation of funds by the former president of Ukraine Yanukovych V.F., his related persons, and former government officials, as well as persons involved in the organization of deliberate mass murder of people in the territory of Ukraine.
DuringMarch 2014 – November 2015 FIU of Ukraine prepared and submitted to the law enforcement agencies of Ukraine 377 case referrals (from the total of 1 275 case referrals and additional case referrals) concerning financial transactions, conducted by the former president of Ukraine Yanukovych V.F., his related persons, and former government officials, and authorities.
Financial transactions, that can be related with legalization of proceeds from crime, in accordance with the a.m. case referrals totals 163,0 bill. UAH, financial transactions that can be related with commitment of another crime, totals 16,3 bill. UAH.
As a result of the measures taken by the SFMS total of the 1,52 bill. USD., have been blocked on the accounts of physical and legal persons related with Yanukovych V.F., and former officials namely:
- cash totaling1,7 bill. UAH., 229,9 mill. USD, 18,1 mill. EURand 21,7 mill. RUB;
- preciousmetals (goldandsilver) totaling 3,0 mill. UAH;
- securities totaling2,6 bill. UAH. and 1,0 bill. USD.
In addition, SFMS pays special attention to suspension of funds of the former officials abroad.
Thus, during the investigation foreign FIU’s reported of freeze of assets of the former officials and related persons totaling 107,2 mill. USD, 15,9 mill. EUR and 135,0 mill. CHF, in the countries as follows: Austria, UK, Latvia, Cyprus, Italy, Liechtenstein, Switzerland and Netherlands.
· According to the law of Ukraine SFMS (as Financial Intelligence Unit) mutually with Security Service of Ukraine is directly involved in the prevention and combating financing of terrorist activity (separatism).
During March 2014 – November 2015 FIU of Ukraine prepared and submitted to the law enforcement agencies of Ukraine 116 case referrals (from the total of 1 275 case referrals and additional case referrals), concerning financial transactions, that can be related with financing of terrorism or conducted involving persons, publicly calling for violent change or overthrow of the constitutional order or change of the territory or state border of Ukraine.
In the a.m. case referrals total of the financial transaction, that can be related with financing of terrorism(separatism), legalization of fundsand commitment of the other crime equals 5,1 bill. UAH.
As a result of the measures taken to prevent and combat financing of the terrorist activity (separatism) SFMS detected and blocked funds totaling equivalent 2,2 bill. UAH.
Thus, in order to identify assets of the socalled officials of «DPR» and «LPR», SFMS identified and established accounts of the a.m. personsopened with banking institutions of Ukraine.
On the accounts of the a.m. persons identified and blocked funds totaling 28,5 mill. UAH., namely:
- on the accounts of six of so called officials «LPR» - 2,63 mill. UAH. and 1,07 mill. USD;
- on the accounts of seven of so calledofficials «DPR» - 39,2 thousand UAH., 15,2 thousand USD and 10,6 thousand EUR.
In order to prevent the use of the banking system of Ukraine by the socalled officials of «DPR», «LPR», SFMS informed all banking institutions of Ukraine via the relevant lists with recommendations to block transactions when these people try to conduct them.
ІІІ. International Cooperation
SFMS permanently cooperates with FIUs of 138 countries.
Especially active cooperation, in terms of financial investigations, carried out with financial intelligence units of the United States (Finsen), the UK (NSA) Austria, Liechtenstein, Cyprus, Latvia, Panama, British Virgin Island and representatives of the Federal Bureau of Investigation and the Office of Foreign Assets Control US (OFAC).
At the same time SFMS actively cooperates with international institutions such as the Financial Action Task Force (FATF), the Committee of Experts of the Council of Europe on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL), European Union, World Bank, International Monetary Fund, Egmont Group FIUs, the United Nations.
A lot of attention is paid to work of SFMS within the Committee MONEYVAL, as a key office of the Council of Europe on combating money laundering and terrorist financing.
In September this year, at the 48th plenary meeting of the MONEYVAL Committee SFMS presented progress report on Ukraine, in consideration of which MONEYVAL approved the information submitted and praised the measures taken by the Cabinet of Ministers of Ukraine in the sphere of financial monitoring.
In addition, in 2015 EU mission of experts in the framework of the visa dialogue, the second stage of the benchmarks of the Action Plan on visa liberalization - Block 3 Public order and security - Money laundering (the fight against money laundering and terrorist financing) took place in the SFMS.
The EU experts positively noted work of the SFMS which plays coordinating role in the system of financial monitoring in Ukraine.
of the SFMS