Министерство финансов презентовало на своем сайте проект масштабного реформирования системы финансового мониторинга.
Пока документ представлен для ознакомления. После публичного обсуждения новую версию закона «О противодействии легализации (отмывания) доходов, полученных преступным путем…» вынесут на согласование Кабмина, а затем подадут в Верховную Раду.
Документ у Минфина получился громоздкий. В целом проект вместе с правками в сопутствующие законы с трудом выписали на 112 страниц.
Одно из основных новшеств минфиновского проекта — существенно расширенный список субъектов первичного финмониторинга.
К нынешним банкам, страховым компаниям, нотариусам и юристам, лотерейщикам, платежным организациям и системам добавили еще и небанковские обменные пункты, а перечень специальных субъектов первичного финмониторинга дополнили такими лицами:
Налоговые консультанты, за исключением тех, которые действуют в рамках трудовых правоотношений;
Риелторы;
Торговцы за наличные ювелирными изделиями, драгоценными металлами и камнями;
Лица, которые оказывают услуги по созданию, обеспечению деятельности или управляют юридическими компаниями.
Проще говоря, в случае принятия законопроекта в его нынешнем виде следить за украинцами станут еще и при покупке квартир и домов, ювелирки и даже более-менее крупных сумм валют.
Но при этом Минфин предлагает пересмотреть пороговую сумму, после которой субъект первичного финмониторинга должен сообщать «куда надо». Если сейчас в вышестоящие инстанции принудительно докладывают обо всех операциях свыше 150 тыс. грн., то в проекте лимит увеличен вдвое — до 300 тыс. грн.
Ювелиров хотят обязать стучать на клиентов при покупках на сумму свыше 40 тыс. грн.
Страховщикам следует проводить надлежащую проверку человека при выплатах более 30 тыс. грн. (ранее — 5 тыс. грн.).
А лотерейщикам и букмекерам придется затребовать с клиента паспорт и код для каждой ставки более 5 тыс. грн.
А если операция, например, выигрыш, превысит сумму 30 тыс. грн., о ней нужно будет доложить субъекту финмониторинга.
А в качестве наказания за нарушение правил финансового мониторинга первичным субъектам грозит множество неприятностей: от безобидного письменного предупреждения, до штрафов в размере от 5 до 10% от годового оборота за каждый зафиксированный факт.
За особо тяжкие проступки организацию могут лишить лицензии. А за отдельные действия и вовсе можно угодить в тюрьму. К примеру, трехлетний срок могут дать лицу, которого уличат во внесении заведомо неправдивых данных в Единый реестр юрлиц и физлиц-предпринимателей.
Если законопроект одобрят профильные участники и экспертное сообщество, а также примут народные депутаты, он вступит в силу через полгода после официальной публикации.
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