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Publication date: 29.05.2024
The Verkhovna Rada supports the expansion of the grounds for disclosure of banking secrecy in accordance with the requirements of the Ministry of Justice and ARMA.
The Verkhovna Rada adopted as a basis the draft law on the obligation of banks to disclose banking secrecy of goods upon request of the ARMA or the Ministry of Justice.
May 23 The Verkhovna Rada supports in the first reading the Cabinet of Ministers' draft law 9235, which, among other things, expands the grounds for disclosing bank secrecy.
The draft provisions are intended to regulate the disclosure of banking secrecy to state bodies with special powers in connection with:
1) enforcement of court decisions prohibiting a political party from transferring property, funds and other assets to a political party banned by courts, regional organizations, municipalities, districts, main centers and other structural organizations
2) identify and search for assets of an individual and legal entity subject to sanctions, as well as assets that it may own directly or indirectly (through other individuals or legal entities), perform actions of similar nature in order to exercise the right to dispose of them;
3) determining the amount of compensation for damages caused by the international armed conflict on the territory of Ukraine, necessary for the implementation of procedural actions, provision of evidence and justification during the consideration of cases involving foreign entities and Ukraine in the courts of the country.
The Minister for Reintegration of the Temporarily Occupied Territories, Iryna Vereshchuk, in her explanation notes that clause 2, part 1.
1 of Article 62 of the Law "On Banks and Banking Activities" stipulates that information about legal entities and individuals is a bank secret, which is disclosed by the bank by court order.
In this case, one of the elements of the definition of assets, including cash, is that the law enforcement agency sends information about these assets to the relevant state bodies, organizations, enterprises and organizations.
Banks are the direct owners of this information.
The Law "On Banks and Banking" does not provide for the possibility of disclosing information about the assets of a sanctioned person, as this information is a banking secret and no relevant provisions have been introduced.
It is impossible to identify and trace the assets of a sanctioned person.
In addition, the law does not provide for banks to disclose banking secrecy at the request of the Ministry of Justice.
Thus, Article 62 of the proposed law allows disclosure of this secret at the request of the ARMA, in particular - for the purpose of conducting measures to identify and trace the assets of individuals and legal entities to a person subject to sanctions.
As well as assets in relation to which this person may directly or indirectly (through other individuals or legal entities) perform actions of a similar nature with the exercise of the right to dispose of this property.
ARMA's request may relate to the client's bank/e-wallet, transactions made in favor of or on behalf of the client, in specific transactions without opening an account, in particular
- information on a specific date or for a fixed date, period of time and in relation to a specific legal entity, individual, individual entrepreneur on the availability of accounts/e-wallets, in particular securities accounts, margin accounts, accounts opened by bank customers in the name of third parties, accounts opened by third parties in the name of bank customers, accounts in precious metals
- account number, electronic wallet, balance, cryptocurrency, precious metal, securities on the account, electronic wallet,
- debit transaction from the account, electronic wallet or credit to the account, electronic wallet, purpose of payment,
- partner's identification data, taxpayer registration number;
- for non-resident legal entities - full name, country of registration, partner's account/e-wallet number, partner's bank code, available funds on the escrow account for transfer to the bank's customers, available agreements on storage of valuables or provision of personal safe deposit boxes to customers for rent (lease) in the bank, a list of movable property stored and/or mortgaged by the bank with the client as an organization, information about the persons authorized to manage the client's account (name, tax identification number, documents confirming the representative's authority).
A proposal to grant similar powers to the Ministry of Justice to resolve disputes, foreign courts to consider cases involving foreign organizations and Ukraine, as well as claims for damages as a result of conflicts caused by international armed conflict on the territory.
On the territory of Ukraine, to protect the interests of Ukraine as a state, the President of Ukraine, the Cabinet of Ministers of Ukraine, other ministries, central executive authorities, and their officials in cases involving foreign persons in foreign jurisdictions, as well as in the consideration of Ukrainian applications.
Thus, we can see that the amendments adopted not only to the current law were adopted taking into account the changes in the requirements of the time and the martial law in Ukraine, but also in accordance with the fact that a legal analysis of the situation, analysis of documents and verification of documents by a lawyer and a legal opinion were conducted.
