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NATIONAL RISK ASSESSMENT Report NATIONAL RISK ASSESSMENT report on preventing and countering legalization (laundering) of proceeds of crime and financing of terrorism 2016 Ukraine, Kyiv NATIONAL RISK ASSESSMENT report on preventing and countering legalization (laundering) of proceeds of crime and financing of terrorism The National Risk Assessment Report has been developed in line with international standards and in accordance with the Law of Ukraine “On Preventing and Countering Legalization (Laundering) of Proceeds of Crime, Financing of Terrorism, and Financing of Proliferation of Weapons of Mass Destruc- tion” and the Cabinet of Ministers of Ukraine and the National Bank of Ukraine Resolution of Sept. 16, 2015, No. 717, and assessment Methodology. The Report focuses on identification (detec- tion) of risks (threats) of legalization (launder- ing) of proceeds of crime and financing of terrorism, their analysis and assessment, and is the basis for development of measures intended to prevent their occurrence and/or mitigate negative consequences of the risks (threats) identified. National risk assessment has been conducted under coordination of State Financial Monitoring Service of Ukraine and under assistance of the OSCE Project Coordinator in Ukraine. The OSCE Project Coordinator in Ukraine shall not bear any responsibility for the content and the views expressed by experts in this publication. Національна оцінка ризиків проведена за координації Державної служби фінансового моніторингу України та підтримки Координатора проектів ОБСЄ в Україні. Координатор проектів ОБСЄ в Україні не несе відповідальності за зміст та погляди, висловлені експертами у цій публікації. CONTENTCONTENT FOREWORD ...................................................................................................................................................... 5 ON NATIONAL RISK ASSESSMENT ................................................................................................................ 7 1. General component ................................................................................................................................ 11 1.1. Political and Institutional Component .................................................................................................. 12 1.2. Social Component .............................................................................................................................. 22 1.3. Economic Component ........................................................................................................................ 23 1.4. Legal Component ............................................................................................................................... 38 1.5. Criminal Component ........................................................................................................................... 41 1.6. Research and Educational Activities in the Financial Monitoring Sphere ............................................. 50 1.7. Threats and Risks ............................................................................................................................... 53 2. Government component ......................................................................................................................... 83 2.1. Financial Intelligence Unit .................................................................................................................... 84 2.2. Regulatory and Supervisory Authorities ............................................................................................ 113 2.3. Law enforcement and intelligence system ........................................................................................ 124 2.4. Judicial System ................................................................................................................................ 131 2.5. Threats and Risks ............................................................................................................................. 135 3. Private component ................................................................................................................................ 161 3.1. Bank Sector ..................................................................................................................................... 162 3.2. Non-Bank Financial Sector ............................................................................................................... 171 3.3. Securities Market .............................................................................................................................. 173 3.4 Non-Financial and Business Professions ........................................................................................... 175 3.5. Non-Profit Organizations .................................................................................................................. 178 3.6. Threats and Risks ............................................................................................................................. 180 4. Threats and risks of the AML/CFT system .............................................................................................. 189 Annexes ......................................................................................................................................................... 197 FOREWORD FOREWORD This Report is the first fundamental research into carrying out of the National Risk Assessment on money laundering and financing of terrorism in Ukraine. The National Risk Assessment on the national level is a system of measures taken to identify (detect) risks (threats) of legalization (laundering) of proceeds of crime and financing of terrorism, analyze and assess them, and develop measures intended to prevent their occurrence and/or mitigate their negative consequences. The results of the National Risk Assessment is a summary of joint activities of all the participants of the national financial monitoring system. Specifically, NRA is based on the official information received from: state authorities (financial and non-financial market regulators, law enforcement and intelligence authori- ties, judicial authorities, and other government agencies); private sector (primary financial monitoring subjects, branch associations and self-regulated organizations, experts, researchers, scientists, etc.). The NRA results have been verified by using modern scientific and sociological methods. The National Risk Assessment was organized and coordinated by the State Financial Monitoring Service of Ukraine. The results of the National Risk Assessment demonstrate that the authorities properly understand risks, have planned risk management actions, and take risk mitigation measures. It is a critical element of objective assessment. It should be noted that risk analysis on money laundering and financing of terrorism in Ukraine, and their assessment is not limited to publication of this Report. This Report is the basis for further risk identification in the system of countering money laundering and financing of terrorism, and development of efficient measures for their management. Ihor Cherkaskyi, Head of the State Financial Monitoring Service of Ukraine 6 ON NATIONAL RISK ASSESSMENT ON NATIONAL RISK ASSESSMENT The obligation of the States to perform National Risk Assessment is envisaged by Recommendation 1 of the Financial Action Task Force (FATF) International Standards1. Ukraine must implement the FATF Recommendations in the fastest possible and complete way. FATF Recommendation 1 concerns assessing of risks and applying of a risk-oriented approach. Also, a risk-oriented approach that, pursuant to the previous revision of the FATF Recommendations, used to be just optional for countries has become an obligation and is referenced in many of recommendations. To verify compliance of countries with the FATF Recommendations, a “Methodology for Assessing Technical Compliance with the FATF Recommendations and the Effectiveness of AML/CFT Systems” was developed and adopted in February 20132. The Methodology concerns two aspects of assessing the implementation of the FATF Recommendations – the technical compliance and the outcomes, indicators, data and other factors used to assess how effectively the FATF Recommendations are implemented. A risk-oriented approach on the national level means dedicating adequate resources to particular parts of the anti-money laundering and countering financing of terrorism system. Given the above, the National Risk Assessment mechanism is provided for in the Law of Ukraine “On Preventing and Countering Legalization (Laundering) of Proceeds of Crime, Financing of Terrorism, and Financing of Proliferation of Weapons of Mass Destruction” (the Law)3 and of the Cabinet of Ministers of Ukraine and the National Bank of Ukraine Resolution “On Approving the Procedure for the National Risk Assessment on Preventing and Countering Legalization (Laundering) of Proceeds of Crime and Financing of Terrorism, and Publishing Its Results” of Sept. 16, 2015, No. 7174. At the same time, carrying out of a NRA is stipulated in the Action Plan for 2016 on Preventing and Countering Legalization (Laundering) of Proceeds of Crime, Financing of Terrorism, and Financing of Proliferation of Weapons of Mass Destruction approved by the Cabinet of Ministers of Ukraine and the National Bank of Ukraine Resolution of Feb. 11, 2016, No. 1035. The NRA objective is to detect national risks (threats, vulnerabilities, consequences)
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