The Central Bank issued guidelines for banks, in which it instructed to increase attention to individual customer operations. What transactions will be considered suspicious and whether the new rules will affect ordinary customers - in the Frank Media review.
Details. The Central Bank has determined the criteria by which banks should identify payment cards and e-wallets used by shady businesses - illegal online casinos, organizers of financial pyramids, illegal forex dealers, cryptocurrency Internet exchangers.
Among such criteria are transactions on accounts that simultaneously correspond to two or more criteria:
• An “unusually large” number of people to whom the account holder transfers funds or receives a transfer from - for example, more than 10 per day or more than 50 per month;
• An “unusually large” number of transfers to or from other people - for example, more than 30 transactions per day;
• “Significant” volumes of transfers - for example, more than 100 thousand rubles a day or more than 1 million rubles a month;
• a short period of time (one minute or less) between crediting money to the account and debiting it;
• within 12 hours or more in one day, operations are carried out to credit or write off money from the account;
• during the week, the average account balance at the end of the transaction day does not exceed 10% of the average daily volume of transactions on this account;
• the client does not pay for the services of legal entities or individual entrepreneurs "to ensure life support" (the Central Bank cites as an example the payment of utilities, communication services, goods, works);
• several citizens use the same device to remotely access the bank's money transfer services (they have the same identification information about this device - for example, the MAC address, digital fingerprint of the device, and so on).
What banks should do? Banks should pay special attention to the operations of clients that fall under several of the criteria listed above, writes the Central Bank in its recommendations.
If the bank detects suspicious transactions, it can refuse the client to carry them out. If two or more decisions of refusal occur within a year, the bank has the right to terminate the bank account agreement with the client.
If the bank is caught in the fact that it does not identify, skips or turns a blind eye to the activities of "toxic" customers or illegal transactions, then it can be held liable up to the revocation of its license.
However, the blocking of transactions and accounts can be challenged. The law on counteracting legalization provides for a three-tier system of rehabilitation: a claim stage, an interdepartmental commission at the Central Bank, and a trial. If the client has not participate in illegal schemes, then he can file a claim with the bank and confirm that his transfers did not violate the law.
Participants of the shadow business receive payments from citizens and make reverse payments not from their current accounts, but from bank cards and electronic wallets controlled by them, which are often issued to fictitious individuals. The flow of such payments is "significant”. For its automated processing, illegal business uses special software modules that connect to the Internet pages of banks with money transfer services (P2P services, they are also used by bona fide bank customers for transfers "from card to card", "from wallet to wallet" and etc). Many banks have such services, including Sberbank, Tinkoff, Alfa-Bank, Otkrytie and others.
My name is Sergey Konon, I am a certified tax lawyer, a member of the chamber of tax consultants of Russia and a partner of Vita Liberta Limited, a Russian consulting company in the field of corporate and tax law.
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Disclaimer: This video is not the equivalent of professional legal advice. Konon Sergey is not liable for any actions taken by anybody. For any professional advice regarding particular case, please contact our office (What's up): +79269205551
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