Legislative Review

July 29 - August 2, 2024. Procedure for financial monitoring has been updated

The Cabinet of Ministers of Ukraine made changes to the approved list of agricultural products that have a limited storage period and the list of products that have a special storage regime. The relevant Resolution No. 859 of July 30, 2024 was adopted at the regular meeting of the Government.

The changes to the list were developed by specialists of the Ministry of Agrarian Policy in response to numerous appeals from associations of producers and processors to expand the list.

The list of products is supplemented with products according to UKT FEA codes. In general, the lists of live animals, meat and fish products, by-products, ready-to-eat and canned fish; confectionery, fruits, nuts, fruit and vegetable juices are supplemented.

In particular, bee queens, head cabbage, kohlrabi, cauliflower, leafy cabbage; gherkins, lettuce and chicory (fresh or chilled) have been added to the list of agricultural products with a limited shelf life. Rapeseed or mustard oil and their fractions, fillets of certain types of fish, frozen meat and others have been added to the list of products that have a special storage regime.

The National Securities and Stock Market Commission (hereinafter - the NSSMC) by decision No. 13/21/879/К03 of July 17, 2024 approved changes to the Regulation on financial monitoring by subjects of primary financial monitoring, state regulation and supervision of whose activities is carried out by the National Securities and Stock Market Commission, approved by decision of the National Securities and the Stock Market Commission No. 176 of March 11, 2021.

The requirement for the responsible employee to have a certificate for the right to perform actions related to the direct conduct of professional activity on the capital markets and organized commodity markets, which corresponds to a license (or one of the licenses) for conducting the relevant type of activity on the capital markets and organized commodity markets that the subject of primary financial monitoring has, is excluded..

The requirements for persons temporarily performing the duties of a responsible employee have been updated, namely:

1) to have an impeccable business reputation and do not have citizenship (nationality) of the Russian Federation and/or the Republic of Belarus;

2) to undergo training on issues of prevention and countermeasures against legalization (laundering) of proceeds from crime, financing of terrorism and financing of proliferation of weapons of mass destruction in accordance with internal documents according to the training program approved by the subject of primary financial monitoring;

3) to work in this subject of primary financial monitoring at the main place of work.

The changes also specified that the subject of primary financial monitoring during due diligence should additionally carry out the measures specified in relation to clients who (the ultimate beneficial owners of which) are politically exposed persons, members of their families and persons related to politically exposed persons, specified by Part 14 of Art. 11 of the Law.

The subject of primary financial monitoring must develop internal procedures to identify the fact of belonging of a potential client and a client with whom business relations are maintained (financial transactions are carried out without establishing business relations) to PEPs, their family members and persons associated with politically exposed persons

In order to determine the ownership of the client or the ultimate beneficial owner of the client to the PEP, their family members and persons related to the PEP, it is obliged to use the information provided by the client and/or received from a national public figure upon request, information on the execution (termination of execution) of specified public functions, as well as other sources of information, if the level of risk of business relations (one-time financial transaction for a significant amount) with the client is higher than low.

Such sources, for example, can be:

  • databases of service providers that provide free or paid information services;
  • public data sources on the Internet, including official Internet representations of state authorities;
  • official online representations of income declaration systems by public persons, including the Unified State Register of declarations of persons authorized to perform the functions of the state or local self-government.

Using a risk-oriented approach, the subject of primary financial monitoring, on an ongoing basis, carries out in-depth monitoring of business relations with clients who (whose ultimate beneficial owners) are PEPs, their family members and related persons.

The purpose of such in-depth monitoring is to quickly detect by the subject of primary financial monitoring:

  • financial transactions containing signs of suspicious financial transactions;
  • financial transactions that do not correspond to the risk profile of the client and/or the expectations of the subject of primary financial monitoring regarding the volume of financial transactions, which can be rationally explained in view of the available information about the client;
  • new significant circumstances and events regarding clients who (the ultimate beneficial owners of which) are politically significant persons, members of their families and persons related to politically significant persons, which may significantly affect the level of risk of business relations with them.

The Cabinet of Ministers of Ukraine approved the implementation of an experimental project on the functioning of the tax risk management system. In order to implement the National Revenue Strategy until 2030, the Cabinet of Ministers of Ukraine adopted a resolution on the implementation of an experimental project on the functioning of the tax risk management system (compliance risks) in the State Tax Service.

The mentioned project provides for the implementation of international approaches to management, based on the management of tax risks (compliance risks), in the organization and activities of the State Tax Service of Ukraine, in order to increase the level of compliance by taxpayers with their tax obligations.

Focusing on the identification of system problems and the development of strategies to solve them, the State Tax Service is actively working on the implementation of the tax risk management system (compliance risks). This is an important stage in the activities of the State Tax Service, aimed at ensuring compliance by taxpayers with the legislation.

This approach allows not only to identify and avoid potential violations, but also to develop a system of strategies for their prevention and resolution, taking into account the complex nature of tax risks, and the use of a tax risk management system (compliance risks) will significantly increase the effectiveness of the tax system.

The President of Ukraine signed two draft laws No. 11258 and No. 11259 , which are designed to restore the energy infrastructure and demine the territory of Ukraine as soon as possible.

Both bills are critically important for restoring the country's energy system.

The adopted laws, in particular, provide for exemption from taxation for the following equipment:

  • mechanized demining machines;
  • electric generator equipment;
  • equipment for wind and solar generation;
  • accumulators (except low capacity accumulators).

Today, Ukraine is the most mined country in the world with more than 174,000 square km of mined territories, and with the development of the war, the territory of mine pollution will grow rapidly. The adopted laws will provide the necessary conditions for energy stability and security in Ukraine and will contribute to more effective demining and restoration of the country's economy.

In addition, the adopted legislative acts will contribute to the development of the domestic production of demining machines.

In particular, the procurement and supply of generating equipment for companies of the fuel and energy complex at the expense of the Energy Support Fund continues. The total amount of contributions to the Fund already amounts to more than 551 million euros. The International Aid Coordination Group has been established at the Ministry of Energy, which works on the first and critical needs for restoring energy and preparing for winter.

Thanks to Ukraine's diplomatic efforts, a number of initiatives supported by international partners are being implemented to provide critical infrastructure facilities with renewable energy sources and energy storage facilities.

The Government of Ukraine is actively working to create the necessary conditions for the heating period of 2024/25 and to provide the population, businesses and institutions of the social sphere with light and heat. In particular, in order to stimulate the creation of additional generating capacities, a number of deregulation decisions were adopted. It refers to the regulation of the construction part, connection to gas, heat and electricity networks and control of the implementation of these decisions. A number of financial programs have also been adopted to stimulate the development of distributed generation.

The Cabinet of Ministers of Ukraine established an allowance for the remuneration of veterans' support specialists. It has been established that such specialists are paid an allowance for the special nature of work in the amount of up to 50% of the official salary within the framework of the wage fund for the time actually worked.

The document proposes to supplement Chapter XLIII "Social and Rehabilitation Services" of Appendix 2 to Resolution No. 1298 of August 30, 2002 with a new position — "Specialist in Accompanying War Veterans and Demobilized Persons".

The specific amount of the allowance for such employees will be determined by the head of the relevant agency, institution or organization. It will depend on the load, timeliness and quality of the services provided, as well as the absence of complaints.

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