The National Bank of Ukraine applied a measure of influence to FC HUNTER LLC in the form of cancellation of licenses for the provision of financial services. Licenses for the provision of financial leasing services, for the provision of factoring services, for the provision of funds for loans, including on the terms of a financial loan, have been cancelled.
The influence measure was applied for systematic violation of FC HUNTER LLC in the field of prevention and countermeasures against legalization (laundering) of proceeds obtained through crime, financing of terrorism and financing of the proliferation of weapons of mass destruction (hereinafter referred to as prevention and countermeasures), namely, violation of the requirements of clause 15 of the second part of Article 8 of the Law of Ukraine “On prevention and countermeasures against the legalization (laundering) of proceeds obtained through crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction” (hereinafter – Law No. 361-IX), the fourth paragraph of Clause 41 of Section IV of the Regulation on Procedure the organization and implementation of supervision in the field of financial monitoring, currency supervision, supervision over the implementation and monitoring of the effectiveness of personal special economic and other restrictive measures (sanctions), approved by the Resolution of the Board of the National Bank of Ukraine No. 90 of June 30, 2020 (hereinafter – Resolution No. 90), which consists in not providing information and documents at the request of the National Bank, after the National Bank applied three measures of influence to FC HUNTER LLC for violations of legislation in the field of prevention and countermeasures within two years.
So, in June 2022 The National Bank applied influence measures in the form of a fine and a written warning to FC HUNTER LLC, and in March 2023 – a measure of influence in the form of a fine.
This decision was adopted by the Committee on Supervision and Regulation of Non-Banking Financial Services Markets on May 24, 2023 and entered into force on May 25, 2023.
In addition, the National Bank applied a measure of influence to FC HUNTER LLC in the form of imposing a fine of UAH 391,000.00 for violation of the following requirements:
- part one of Article 8 of Law No. 361-IX in terms of the institution’s improper fulfillment of the obligation to develop, implement and update internal documents on prevention and countermeasures, as well as failure to provide procedures sufficient to ensure effective risk management and to prevent the use of the institution’s services and products for legalization (laundering) of proceeds obtained through crime, financing of terrorism and financing of proliferation of weapons of mass destruction;
- the second paragraph of the second part of the second article 7 of the Law No. 361-IX in terms of improper performance by the institution of the obligation to assess the risks inherent in its activity;
- paragraph 15 of the second part of article 8 of Law No. 361-IX, paragraph 41 of chapter IV of Regulation No. 90. The violation consists in improperly fulfilling the obligation to submit (issue, certify) reliable information and/or documents at the request of the National Bank in a timely manner and in full ( conclusions, decisions, etc.), copies of documents or extracts from documents related to the institution’s fulfillment of legislative requirements in the field of prevention and countermeasures;
- the seventh paragraph of clause 45 of chapter IV of Regulation No. 90 regarding the failure to submit to the National Bank a plan of measures that the institution undertakes to take in order to eliminate/prevent further violations with the determination of the responsible persons of the institution and the deadlines for the implementation of the specified measures.
