Higher Risk
 
Medium Risk
 
Info n/a
 
Lower Risk
Bilateral exchange of information
Agreements in place?
    No
FATF Statement re AML Strategic Deficiencies:

Date:  28 October 2011

The FATF welcomes Ukraine’s significant progress in improving its
AML/CFT regime and notes that Ukraine has largely met its
commitments in its Action Plan regarding the strategic deficiencies
that the FATF had identified in February 2010. Ukraine is
therefore no longer subject to FATF’s monitoring process under
its on-going global AML/CFT compliance process. Ukraine will
work with MONEYVAL as it continues to address the full range of
AML/CFT issues identified in its Mutual Evaluation Report, and
further strengthen its AML/CFT regime.

____________________________________________________

Sanctions:

None applicable

____________________________________________________

Offshore Jurisdiction Blacklists:

The Ukraine has currently about 35 low-tax jurisdictions listed on
its blacklist.

____________________________________________________

US State Department Money Laundering Report - 2012:

In Ukraine, high risks of money laundering have been identified in
foreign economic activities, credit and finance, the fuel and
energy industry, and the metal and mineral resources market.  
Illicit proceeds are primarily generated through corruption;
fictitious entrepreneurship and fraud; trafficking in drugs, arms or
persons; organized crime; prostitution; and tax evasion.  Various
laundering methodologies are used, including the use of real
estate, insurance, bulk cash smuggling, and financial institutions.  
There are a significant market for smuggled goods and a large
informal financial sector in the country.  These activities are linked
to evasion of taxes and customs duties.

In October 2011, the Financial Action Task Force (FATF) removed
Ukraine from its list of countries with “strategic deficiencies”
following Ukraine’s enactment of amendments to its anti-money
laundering/counter-terrorist financing (AML/CFT) legislation.  
Ukraine continues to work to further strengthen its AML/CFT
regime.

For additional information focusing on terrorist financing, please
refer to the Department of State’s Country Reports on Terrorism,
which can be found here: http://www.state.gov/j/ct/rls/crt/

Do Financial Institutions engage in currency transactions related
to international narcotics trafficking that include significant
amounts of US currency; currency derived from illegal sales in the
U.S.; or that otherwise significantly affect the U.S.: NO

Criminalization of Money Laundering:

“All serious crimes” approach or “list” approach to predicate
crimes: All serious crimes

Legal persons covered: criminally: NO civilly: YES

Know-your-customer (KYC) rules:

Enhanced due diligence procedures for PEPs: Foreign: YES
Domestic: NO

KYC covered entities: Banks, non-banking institutions, insurance
companies, gambling institutions, credit unions, depositories,
securities traders, registers, pawn shops, mail service operators
and other operators conducting money transfers, real estate
traders, certain traders of precious metals and stones, notaries,
auditors, independent lawyers and leasing providers

Suspicious Transaction Reporting (STR) Requirements:

Number of STRs received and time frame: 778,907 January -
September 2011

Number of CTRs received and time frame: Not available

Ukraine combines STRs and CTRs in its reporting.

STR covered entities: Banks, non-banking institutions, insurance
companies, gambling institutions, credit unions, depositories,
securities traders, registers, pawn shops, mail service operators
and other operators conducting money transfers, real estate
traders, certain traders of precious metals and stones, notaries,
auditors, independent lawyers, and leasing providers

Money Laundering Criminal Prosecutions/Convictions:

Prosecutions: 13 in the first half of 2011

Convictions: One in the first half of 2011

Records exchange mechanism:

With U.S.: MLAT: YES Other mechanism: YES

With other governments/jurisdiction: YES

Ukraine is a member of the Committee of Experts on the
Evaluation of Anti-Money Laundering Measures and the Financing
of Terrorism (MONEYVAL), a FATF-style regional body. Its most
recent mutual evaluation can be found here: http://www.coe.
int/t/dghl/monitoring/moneyval/Countries/Ukraine_en.asp

Enforcement and implementation issues and comments:

While it does not appear that significant narcotics proceeds are
laundered through Ukraine’s financial institutions, the rise of
cybercrime and related transnational organized crime would
suggest that significant amounts of U.S. currency are diverted to
this region outside financial institutions.

In April 2011, Ukraine adopted amendments to its AML/CFT
legislation, making insider trading and stock market manipulation
predicate crimes for money laundering and improving the
procedures for administrative seizure related to terrorist assets.
There is no corporate criminal liability because the Law on
Corporate Liability has not taken effect yet. Most importantly, while
Ukraine’s legislation has been significantly modernized, Ukraine
lacks examples of successful prosecutions of money laundering.
This is due to the lack of specialized expertise among prosecutors
in handling complex financial cases and corruption within law
enforcement and the courts. In order to correct these problems,
Ukraine needs to reform its Prosecutor General’s Office to allow
for greater specialization of prosecutors and improved
coordination among prosecutors, investigators, and the FIU.
Additionally, although the current legislation provides for
autonomous prosecution of money laundering, in practice a link is
often sought between a specific predicate offense and money
laundering. Ukrainian authorities are unable to break out
prosecutions for autonomous money laundering, or cases where
the money laundering offense is added to another predicate
offense, as well as to differentiate between self- or third-party
laundering.

Amendments to the AML law in 2010 require enhanced due
diligence procedures for PEPs. However, the procedure of
informing primary financial monitoring agencies about the list of
PEPs of foreign countries is yet to be developed.

While Ukraine has the necessary treaties signed and ratified, in
many instances they are not applied or applied poorly. This is
particularly true in the area of international law enforcement
cooperation, mutual legal assistance and asset forfeiture.
Furthermore, while Ukraine is a party to UNCAC and UNTOC, the
provisions of these conventions are not implemented or are not
working properly in Ukraine.

____________________________________________________

US State Dept Narcotics Report 2011 (introduction):

Ukraine is not a major drug producing country; however, it is
located astride several important drug trafficking routes into
Western Europe, and thus is an important transit country.
Ukraine's numerous ports on the Black and Azov seas, its
extensive river transportation routes, its porous northern and
eastern borders, and its inadequately financed and under-
equipped border and customs agencies make Ukraine an
attractive route for drug traffickers into the bordering European
Union’s profitable illegal drug market. Narcotics, primarily heroin,
move from Afghanistan through Russia, the Caucasus, and
Turkey and then pass through Ukraine, destined for Western
Europe. New routes for Latin American cocaine are also taking
hold, as confirmed by three large seizures in the Odesa sea port
in 2010 of 152 kilos of cocaine concealed in deck planks, 1,193
kilos hidden in blast furnaces, and over 582 kilos disguised in
metal scrap. The shipments came from ports in Bolivia and
Venezuela. But as frequently occurs in transit countries, drug
addiction appears to be growing in Ukraine itself. Analysts are
almost unanimous in the opinion that Ukraine is increasingly being
viewed not only as a transit country, but also as a drug market in
its own right.

That said, domestic drug abuse continues to be primarily focused
on drugs made from narcotic plants (hemp and poppy) grown in
the region, which account for approximately 85 percent of the total
drug market in Ukraine. The use of synthetic drugs and
psychotropic substances, especially amphetamines, has also
been rapidly increasing in Ukraine over the past few years. Most
of the major drugs consumed in Ukraine are either produced in
Ukraine or supplied from Russia and Moldova (poppy straw,
hemp, opium) as well as Poland, Hungary and the Netherlands
(amphetamines, methamphetamines, MDMA also known as
"Ecstasy").

According to official statistics, the drug addiction level in Ukraine
is approximately 34 addicts per 10,000 inhabitants. An interesting
sign, however, is a continued drop in the number of registered
drug addicts from 178,043 in September 2008 to 165,045 in
September 2009 and 156,300 in 2010. This drop in registered
drug addicts could be ascribed to the positive interventions of the
government, international organizations and local NGOs.
However, many experts believe that the number of unregistered
drug addicts may in fact be at least twice as large as the number
reported as registered, given the social stigma attached to formal
registration as an addict, and that the “drop” in registered drug
addicts is therefore misleading.

Ukraine is a party to the 1988 UN Drug Convention, and complies
with provisions of the Convention in its counter-narcotics
legislation

For full report click here

____________________________________________________

US State Dept Trafficking in Persons Report 2011
(introduction):

(Tier 2)

Ukraine is a source, transit, and increasingly destination country
for men, women, and children subjected to forced labor and sex
trafficking. Ukrainian victims are subjected to trafficking in Russia,
Poland, Turkey, Italy, Austria, Spain, Germany, Portugal, the
Czech Republic, the United Arab Emirates, Indonesia,
Kazakhstan, Azerbaijan, the United Kingdom, Israel, Greece,
Finland, Norway, Denmark, Ireland, Lebanon, Benin, Tunisia,
Cyprus, Aruba, Equatorial Guinea, Bosnia and Herzegovina,
Kosovo, Serbia, Hungary, Bulgaria, Moldova, Slovakia, Syria,
Switzerland, the United States, Canada, and Belarus. Women
continued to be forced into prostitution or subjected to domestic
servitude or forced labor in service industries and textile or light
manufacturing sectors. The majority of Ukrainian male labor
trafficking victims were subjected to forced labor in Russia, but
also in other countries, primarily as construction laborers, factory
and agricultural workers, or sailors. Children were most often
forced into prostitution or forced to beg. The number of Ukrainian
victims subjected to forced labor and forced prostitution within the
country continued to increase. Homeless children or children in
orphanages continued to be particularly vulnerable to trafficking
in Ukraine. Men, women, and children from the Democratic
Republic of Congo, Moldova, Uzbekistan, the Czech Republic,
and Pakistan are subjected to forced labor and sex trafficking in
Ukraine.

The Government of Ukraine does not fully comply with the
minimum standards for the elimination of trafficking; however, it is
making significant efforts to do so. During the reporting period, a
higher proportion of trafficking offenders were sentenced to time
in prison compared with last year and prosecutors continued
appealing low sentences given to trafficking offenders. The
government also increased the number of victims identified and
referred to NGOs for assistance. However, the government did
not take sufficient steps to investigate, prosecute, and convict
government officials complicit in human trafficking crimes and did
not develop and implement a national victim referral mechanism.

For full report, click here

____________________________________________________

US State Dept Terrorism Report 2010

Overview: Ukraine took several steps to mitigate the threat of
terrorism. The government installed radiation detection systems at
the port of Odesa, enacted amendments that strengthened
Ukraine's terrorist financing legislation, and the Ukrainian military
participated in regional military counterterrorism exercises.

Legislation and Law Enforcement: Following President
Yanukovych’s April pledge to eliminate Ukraine’s stockpile of
highly enriched uranium (HEU) by 2012 at the Nuclear Security
Summit in Washington, DC, Ukraine reached a significant
milestone in late December with the removal of 50 kilograms of
HEU fresh fuel from Kyiv, Kharkiv, and Sevastopol. With this
action, Ukraine demonstrated global leadership by ensuring that
vulnerable nuclear material does not end up in terrorist hands.

Ukraine completed the installation of radiation detection systems
and associated training in conjunction with the U.S. National
Nuclear Security Administration's Second Line of Defense (SLD)
program at the port of Odesa. The program aims to deter, detect,
and interdict illicit trafficking in nuclear and other radioactive
materials across international borders and through the global
maritime shipping system.

In keeping with the National Biometrics Action Plan, the Ministry of
Internal Affairs announced in November plans to introduce
biometric passports for Ukrainians traveling abroad. The plan was
not yet adopted by the Cabinet of Ministers at year’s end,
however.

Countering Terrorist Finance: On May 21, President Yanukovych
signed into law amendments to Ukraine's anti-money laundering
and counterterrorism financing (AML/CTF) legislation. The
amendments represented a significant step toward compliance
with the recommendations of the Financial Action Task Force
(FATF) and the standards of the Council of Europe's Committee of
Experts on the Evaluation of Anti-Money Laundering Measures
and the Financing of Terrorism (MONEYVAL). The new legislation
replaced and significantly improved Ukraine's basic AML/CTF
Law, and amended relevant portions of the Criminal Code to bring
them into greater compliance with international standards.
However, Ukraine has remained on the FATF list of countries with
"strategic deficiencies" since February 2010.

Regional and International Cooperation: Ukraine contributed a 20-
person Special Operations Task Unit to participate in a
multinational special operations counterterrorism exercise that
was conducted in Poland in September. U.S. European Command
(EUCOM) sponsored the exercise.


Links:

State Committee for Financial Monitoring of Ukraine (SCFM)

Worldwide AML Legislation (International Bar Association)
Tables & Rankings
Are there Sanctions in force against it? (UN/EU/US)
N
?
Is it on FATF list of non-cooperative countries?
Y
?
Is it on OECD list of uncooperative Tax Havens?
N
?
OECD - Implementation status of Tax Standard
 
?
Is it on EU 'white' list of equivalent jurisdictions?
N
?
Offshore Finance Center (Original IMF List)?
N
?
Is it on the US Secretary of Treasury list of jurisdictions of
Primary Money Laundering concern?
N
?
Is it on the US Secretary of State list of jurisdictions
identified to be supporters of International Terrorism?
N
?
Is it on US Department of State International Narcotics
Control Majors List?
N
?
US Dept of State Money Laundering assessment (INCSR)
PC
?
Government Actions (For further info see INCRS below):
 
?
-  Criminalized Drug Money Laundering?
Y
 
-  Criminalized Beyond Drugs?
Y
 
-  Record Large Transactions?
Y
 
-  Maintain Records Over Time?
Y
 
-  Report Suspicious Transactions?(NMP)?
Y
 
-  Egmont Financial Intelligence Units?
Y
 
-  System for Identifying/Forfeiting Assets?
N
 
-  Arrangements for Asset Sharing?
Y
 
-  Cooperates with International Law Enforcement?
Y
 
-  International Transportation of Currency?
Y
 
-  Ability to Freeze Terrorist Assets w/o Delay?
Y
 
-  Disclosure Protection "Safe Harbor"?
Y
 
-  Criminalized Financing of Terrorism?
Y
 
-  States Party to 1988 UN Convention?
Y
 
-  International Terrorism Financing Convention?
Y
 
 
Ranking
2011
Ranking
2010
 
Corruption (Transparency International)
152 (out of
183)
134 (out
of 178)
?
Ease of doing business (World Bank)
152 (out of
183)
145 (out
of 183)
?
FATF 40 + 9 recommendations
Mutual Evaluation Report: 2009
Further Tables
C
L
P
N
N/A
    C  -  Fully Compliant ,   
    L  -  Largely Compliant,    
    P  -  Partially Compliant    
    N  -  Non-Compliant
2
12
27
6
2
Legal Systems
 
1. Money Laundering Offence
P
 
14. Protection & no tipping-off
L
2. ML offence – mental element and
corporate liability
P
 
15. Internal controls,
compliance & audit
P
3. Confiscation and provisional
measures
P
 
16. DNFBP – R.13-15 & 21
N
4. Secrecy laws consistent with the
Recommendations
P
 
17. Sanctions
P
5. Customer due diligence
P
 
18. Shell banks
L
6. Politically exposed persons
N
 
19. Other forms of reporting
C
7. Correspondent banking
P
 
20. Other NFBP & secure
transaction techniques
L
8. New technologies & non
face-to-face business
P
 
21. Special attention for
higher risk countries
N
9. Third parties and introducers
N/A
 
22. Foreign branches &
subsidiaries
P
10. Record keeping
L
 
23. Regulation, supervision
and monitoring
P
11. Unusual transactions
L
 
24. DNFBP - regulation,
supervision and monitoring
N
12. Designated Non-Financial
Businesses and Professions – R.5,
6, 8-11
N
 
25. Guidelines & Feedback
L
13. Suspicious transaction reporting
P
     
Institutional and other
measures
 
26. The FIU
C
 
31. National co-operation
L
27. Law enforcement authorities
P
 
32. Statistics
P
28. Powers of competent authorities
L
 
33. Legal persons –
beneficial owners
P
29. Supervisors
P
 
34. Legal arrangements –
beneficial owners
N/A
30. Resources, integrity and training
P
 
 
 
International Co-operation
 
35. Conventions
P
 
38. MLA on confiscation and
freezing
L
36. Mutual legal assistance (MLA)
P
 
39. Extradition
L
37. Dual criminality
L
 
40. Other forms of
co-operation
L
Nine Special
Recommendations
 
SR.I Implement UN instruments
N
 
SR VI AML requirements for
money/value transfer services
P
SR.II Criminalise terrorist financing
P
 
SR VII Wire transfer rules
P
SR.III Freeze and confiscate
terrorist assets
P
 
SR.VIII Non profit
organisations
P
SR.IV Suspicious transaction
reporting
P
 
SR.IX Cross Border
Declaration & Disclosure
P
SR.V International co-operation
P
 
 
 
*Please note that FATF deems that a country has significant aml deficiencies if
any of the 'Core' Recommendations, R1, R5, R10, R13, SRII, or SRIV are rated
either Partially of Non-Compliant. These are marked in red.

For FATF to remove a country from the regular follow-up process, it has to be rated
Compliant or Largely Compliant in the above mentioned Core Recommendations
and the following Key Recommendations: -        

R3, R4, R23, R26, R35, R36, R40, SRI, SRIII, SRV

Please also note that any risk assessment should take into consideration all
follow-up reports.
UKRAINE
KnowYourCountry
-  Know Your Customer Provisions
Y
 
-  Criminalized Tipping Off?
Y
 
-  Report Suspected Terrorist Financing?
Y
 
-  State Party to United Nations TOC?
Y
 
-  State Party to United Nations CAC?
Y
 
Local AML News / Sanctions
Tax Information
Business Information
AML News/Updates

October 30  -  Ukraine is therefore no longer subject to FATF’s
monitoring under its on-going global AML/CFT compliance process.
Last Updated:   16 April 2012