Banks will be obliged to identify the politicians, officials and their relatives among the recipients of money from unwanted foreign organizations in Russia. The purpose of innovation – to strengthen control over the decision-makers, says expert
Rosfinmonitoring proposes to oblige the banks and non-credit institutions to inform the authorities of “public officials” – Russian officials and politicians – among contractors of foreign and international organizations recognized as undesirable in Russia. Such a provision is contained in the order department, published on the portal of the draft regulations. The logic of this step – to strengthen control over politicians to exclude any of their “dangerous liaisons” from the point of view of the ruling regime, says expert
Now, banks and non-credit institutions do not have to identify and report to the Federal Financial Monitoring Service of “public officials”. among counterparties undesirable organizations. Such a requirement does not exist in the law of adverse foreign organizations (the Act from June 2015 has forbidden working in Russian financial institutions to carry out any operation involving unwanted organizations), nor in force since August 2015 newsletter Rosfinmonitoring that banks and non-credit institutions guided by reporting facts failure to conduct such operations. According to the letter finorganizatsii disclose Rosfinmonitoring operations are avoided and transmit general information about their failed contractors – companies and individuals. There is no requirement to identify among them “public officials” and the relevant government decree of May 2016.
Federal Financial Monitoring Service did not respond to a request to RBC the need to introduce new requirements for banks.
gain control
The purpose of innovation – further strengthening of state control over the political sphere in Russia, in particular on the decision-makers, says political analyst Alexei Makarkin. “Apparently, taking the law on adverse organizations (as well as the law on organizations – foreign agents), the state came from the fact that these organizations are detrimental to the public interest, – the expert says RBC. – But the most dangerous damage from the state point of view, does the connection of these organizations with the public officials who decide important public issues and influence public opinion in Russia “. So it’s not so much control over these organizations, how many of such “public persons” – “any involvement of these persons to such organizations recognized as particularly dangerous for the state,” says Makarkin. He did not rule out the appearance in the near future a number of new regulations, such Rosfinmonitoring project.
Now, banks and non-credit institutions already have information about Russian and foreign “public officials” among its customers, says RBC bankers. Identify them and monitor transactions for amounts in excess of 15 thousand. Rub. finorganizatsii required by law on combating money laundering and terrorist financing. Monitoring the movement of funds on the accounts of public officials requires not Rosfinmonitoring and international FATF (Intergovernmental Group, to develop measures to combat money-laundering) – so this is a worldwide practice, points the chairman of the Duma Committee on Economic Policy, President of the Association of Regional Banks of Russia Anatoly Aksakov. According to him, foreign banks have already anketiruyut their customers to find out is whether they or their relatives of public officials.
Such a questionnaire for the execution of “anti-laundering” law is, and the Russian banks. For example, Finprombank tells his customers that relates to Russia’s “public officials” people holding public office (it is high-ranking officials and Duma deputies, Federation Council members, the complete list is defined by presidential decree – RBC’s . ), as well as officials of the Bank of Russia entities, state-owned corporations, etc. Obviously, if the banks will see such people among counterparties undesirable organizations, they will report it to the Federal Financial Monitoring Service, said one of the bankers. But the problem will be the integrity of customers in completing these questionnaires, and conduct investigative actions the banks are not required, said Aksakov.
The risks for politicians
It is unlikely that the authorities are so serious believe that someone from the senior officials or politicians can catch in touch with organizations undesirable in Russia, but given the fact that the number of such organizations is constantly increasing, it is quite possible, Makarkin said. Someone could not pay attention to the law of unwanted organizations (not all in fact read the law), says the expert, and someone on probation, he could write an article for an organization, when it was still “acceptable”, and the time of receipt of the fee it is already recognized as “junk.” “It will turn out that yesterday these relations can not be punished, but today they have become criminals. And then people can 125 times to prove that published the article, when the organization was still “acceptable”, – he will be punished if they do not, then there is no reproach in vigilance. It is clear that now is the public policy of trying to stay away from any foreigners, but someone could easily and miss “- said Makarkin
The adopted in the summer of 2015 on the undesirable organizations law was designed to combat the” orange revolution. “in Russia, explained he voted for State Duma deputies. A number of foreign and international organizations funded organization in the Ukraine, who later participated in the overthrow of President Viktor Yanukovych, parliamentarians stated. To date, the Prosecutor General’s Office announced undesirable seven organizations, it is clear from the list, which is the Ministry of Justice. Among them – founded and funded by Congress, US National Endowment for Democracy, created by billionaire financier George Soros Foundation “Open Society”, National Democratic Institute for International Relations, former US Secretary of State Madeleine Albright, and the International Republican Institute, a US senator John McCain
.
All of these organizations are funded human rights education or non-profit organizations in Russia, mentioned in the relevant reports of the Prosecutor General, which considered these organizations’ threat to the fundamentals of the constitutional order. ” By law, these organizations are prohibited to be present in some form in Russia, as well as contact with the people and companies located in Russia. Individuals for cooperation with such organizations face the responsibility up to criminal. Banks and non-credit institutions for maintenance operations involving the banned organizations are waiting for fines of up to 100 thousand. Rub.
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