Moscow. April 29. INTERFAX.RU — In the Bank of Russia oppose the proposal of the Ministry of interior to expand law enforcement access to information containing Bank secrecy. So press service CB commented on the letter to the interior Minister Vladimir Kolokoltsev the head of the regulator Elvira Nabiullina.
the Minister suggested the Central Bank to facilitate police access to documents containing Bank secret, and also to inform about the signs of crimes in credit and Finance sphere.
In the letter, he pointed out that the duration of the conducted at the request of Bank checks including those associated with the fact that the police delayed received data on the characteristics of illegal acts in banks. He also noted that the statements of not attaching the documents and information necessary for the speedy adoption of the procedural decision on initiation of criminal case.
because of untimely informing of the Ministry of interior abroad were withdrawn large amounts, including money from clients and investors, he recalled. Late response had a negative impact on exposing the perpetrators and bring them to justice, and also on actions for damages, the letter said.
According to Kolokoltseva, this situation stems, in particular, with the impossibility of timely receipt of law enforcement information and documents containing Bank secrecy.
Banks in its interpret certain provisions of the Civil code, refusing to allow internal Affairs bodies in the provision of materials and documents required for conducting inspections and the adoption of procedural decisions. For unambiguous interpretation of the law requires a change of approach to getting the necessary amount of information, constituting the banking secrecy, as well as closer cooperation and the exchange of information between the Ministry and the Bank of Russia.
In this regard, interior Ministry has prepared the relevant proposals for changes in Federal legislation and is considering an updated version of a joint project with the Central Bank agreement on information cooperation, “the position of the Ministry of internal Affairs of Russia which, unfortunately, is currently not taken into account.
Kolokoltsov is not the first time accuses the Bank of Russia insufficient information about credit and Finance crimes. Speaking in February at the Board of the interior Ministry with the participation of President Vladimir Putin, he said that the Central Bank’s untimely and incomplete provides the Ministry with information about crimes in the banking sector, which prevents their effective investigation. According to the head of the interior Ministry, effectiveness can promote changes in legislation and to the agreement on interagency cooperation��twii.
Answer of Bank of Russia
press service CB “Interfax” reported that the detection of signs of illegal actions in banks, the Central Bank promptly inform the law enforcement agencies in accordance with applicable regulation on information exchange between the Bank of Russia, the General Prosecutor’s office, law enforcement and other Federal government agencies of the Russian Federation.
the Central Bank commented on the situation with PSB, which mentioned bells.
the Controller recalled that he had sent an order to the Bank on 11 December 2017. On 15 December the Central Bank imposed to the Bank a temporary administration, which, despite the active opposition, revealed and documented the facts of theft credit reports for 100 billion rubles, quickly prepared, and on December 25 sent a letter to the Prosecutor General.
Another statement was sent on December 29, the Prosecutor General and the Investigative Committee in respect of operations with securities in the period from 12 December to 14 December 2017, which caused damage to the Bank bol 102 billion rubles. In this case, the criminal case on the statements were filed a year later (5 December 2018, 14 November 2018, respectively).
“In 2018, the Bank of Russia actively supported amendments to the legislation, allowing to pass in some cases to the investigating authorities information constituting Bank secrecy, along with a statement about the crime. In all the cases prescribed by law the Bank of Russia has that right been used. The empowerment of law enforcement agencies in obtaining banking secrecy, which has raised the interior Ministry, we do not consider it necessary, as the facts show that the effectiveness of prosecution of perpetrators and return of assets are not only in the plane of interagency cooperation,” said the Central Bank.
So, on doubtful operations in 2017, the Bank of Russia has directed to law enforcement 262 messages in 2018 — 228, in 2019 — 106. According to reports, it was filed only 8 criminal cases, 10 materials were attached to other criminal cases.
In 2017, law enforcement was the direction 85 of the statements about the revealed signs of illegal acts, in 2018 105, in 2019 — 129.
