Why is my profile listed in the Register?
Your profile is listed in the Register because it falls under the criteria of the Politically Exposed Person.
Why is my profile still in the Register since I've resigned from the position?
Most likely that as of today three years have not passed since your resignation.
According to paragraph 25 part 1 Article 1 of the Law of Ukraine "On Prevention and Counteraction of the Legalization (Laundering) of the Proceeds from Crime, Terrorist Financing and the Financing of the Proliferation of Weapons of Mass Destruction", Politically Exposed Persons are individuals who perform or have performed certain public functions in Ukraine over past three years.
Why is my profile still in the Register since I've resigned more than three years ago?
Sometimes the information in the Register is indeed not updated. If more than three years have passed since your resignation, please use the feedback form.
At the same time, we draw attention to the fact that the person can be attributed by the NGO Anti-Corruption Action Center as the administrator of the Register to the category of Politically Exposed Persons over the term established by the law of Ukraine (three years) using the risked-based approach. According to the recommendations of the Financial Action Task Force on Money Laundering (FATF) and EU Directive No. 2015/849, there is no clear limitation of the period after dismissal for purposes of determination of the status of the Politically Exposed Person and is based on the risk associated with a person. For instance, the administrator of the Register sets such a risk if a person has the status of the suspect/accused in the criminal proceeding regarding economic, corruption crimes, or is wanted, etc.
Why am I mentioned as the head of the state enterprise? I was dismissed. There is the order of dismissal and record in the employment record book
Most likely, as of today, you are still the head of the indicated state enterprise according to the information of the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations (ESREOU) (You are able to check the information at https://usr.minjust.gov.ua/ua/freesearch)
Information from the USREOU is one of the main sources for OPEN REGISTER OF NATIONAL POLITICALLY EXPOSED PERSONS OF UKRAINE (Register). Since the USREOU is the official state register work of which is administered by the Ministry of Justice of Ukraine.
According to Article 89 of the Civil Code of Ukraine, amendments to the constituent documents of the legal entity concerning the information included in the Unified State Register take effect for third parties from the date of their state registration.
That means that in order changes of a head were effective for third parties, including the Anti-Corruption Action Center as the administrator of the Register, it is necessary to submit the regarding package of documents to the state registrar for the change of the head according to the procedure provided by the Law of Ukraine "On State Registration of Legal Entities, Individuals - Entrepreneurs and Public Organizations", so that the regarding changes were reflected in the USREOU.
The common situation is when, according to the internal documents of the state enterprise, the head was dismissed from the position, the record was made in the employment record book, but in violation of the law the new administration of the state enterprise or other authorized persons did not submit information about the change to the USREOU. That means that the state registration regarding the change of the head was not conducted.
In response to the complaint, the analyst will send the letter. You will have to send confirmation documents at this e-mail address, namely the scanned copy of the employment record book and the dismissal order.
Please remove my profile from the Register because I'm no longer related to a Politically Exposed Person (divorced, etc.)
Please use the feedback form.
In response to the complaint, the analyst will send the letter. You will need to send documentary evidence to e-mail address (the scan of the divorce certificate, etc.).
I am not and I have not ever been a Politically Exposed Person (related person), but the bank states that I am the Politically Exposed Person (related person) and requires the additional package of documents
If you are sure that you are not and have never been a National Politically Exposed Person (related person), but the bank states that the information about you is in the Register, there might be the chance that there is another person with the same surname, first name, patronymic in the Register.
We should note that there is no information in the Register, except extended profiles, about the date of birth of the Politically Exposed Person (related persons). There is absolutely no information about the identification code, photos, etc. If the bank employee has found your surname, first name and patronymic in the Register, he needs to take additional steps to identify the client to make sure that you are the Politically Exposed Person (related person). Therefore, we suggest you inform the bank about the mentioned circumstances and agree on the need to submit additional documents for the identification of the client or other actions.
I am not the director, but the acting director of the state (municipal, subsidiary, etc.) enterprise. Please, remove my profile from the Register
As a rule, job responsibilities of the acting (interim) head of the enterprise, institution, or organization is equivalent to responsibilities of the head himself, in particular, regarding the availability of organizational, administrative, and economic functions.
Thus, it is suggested that the person is the official not only when he conducts regarding functions or performs his responsibilities on the permanent basis, but also when it is temporarily or according to special powers if the specified functions or responsibilities are assigned to him by the authorized body or the authorized official.
Thus, the position of the acting (interim) head of the enterprise, institution, an organization is equal to the position of the head of a such enterprise, institution, organization.
Therefore, if the legal status of the National Politically Exposed Person is applied to the position of the head of the enterprise, institution or organization, then taking into account the above-mentioned this status extends to the acting (interim) head of the enterprise, institution or organization.
I am not the director, but the insolvency officer (the head of the liquidation commission, liquidator, rehabilitation manager) of the state (municipal, subsidiary, etc.) enterprise. Please remove my profile from the Register.
According to Article 1 of the Law of Ukraine "On Restoring the Debtor's Solvency or Recognizing it as a Bankrupt", the insolvency officer is the individual appointed by the Economic Court according with established procedure in the case on bankruptcy as the property manager, rehabilitation manager or liquidator from the number of persons who received the regarding certificate and are submitted in the Unified Register of Arbitration Administrators (property managers, rehabilitation managers, liquidators) of Ukraine.
According to Article 41 of the above-mentioned Law, the Liquidator from the date of his appointment performs the following powers:
- takes the debtor's property in his jurisdiction, ensures its preservation;
- performs functions of managing and disposing of the bankrupt’s property;
- conducts the inventory and assessment of the bankrupt’s property;
- conducts powers of the head (authorities) of the bankrupt;
- heads the liquidation commission and forms the liquidation estate;
- has the right to receive the loan for the payment of withdrawal benefit to employees who are dismissed in the result of the liquidation of the bankrupt, which is repaid according to this Law at the expense of funds received from the sale of the bankrupt’s property;
- sells the bankrupt’s property to satisfy requirements submitted in the Register of creditors’ claims in the manner foreseen by this Law;
- conducts other powers foreseen by this Law.
Thus, the execution by the insolvency officer (liquidators, heads of liquidation commissions, rehabilitation managers) of powers equivalent to the head of the debtor, the availability of organizational, administrative, and economic functions, taking into account the Law of Ukraine "On Restoring the Debtor's Solvency or Recognizing it as a Bankrupt".
Therefore, the Anti-Corruption Action Center, as the administrator of Open Register of National Politically Exposed Persons, considers positions of insolvency officers (liquidators, heads of liquidation commissions, rehabilitation managers) of state enterprises and commercial companies with the state share of more than 50 percent during the period of liquidation/sanation as those giving the status of the National Politically Exposed Person.
Why don’t I get the response to my complaint via the feedback form?
The complaint may have contained questions that are answered in this section, or the complaint does not contain all the necessary information.
The complaint should contain:
- surname, first name, patronymic of a person, or name of the legal entity, information in the Register regarding the complaints, and the link to the specific profile. We will not be able to identify the profile you are complaining about without this information;
- the essence of the complaint, in particular grounds why the information should be excluded from the Register or changed (the Register contains inaccurate information, the position of the person does not entail acquisition of the status of the public person, the connection of the person with the public person is insufficient to assign the status of the related person);
- correct contact information of the complainant, including e-mail.
- surname, first name and patronymic of the complainant.
The term for consideration of the complaint is 10 working days from the day the complaint was sent through the feedback form or from the day of receiving additional documents from the complainant.
Please note that it is not necessary to provide any links for downloading documents in the complaint. If there is a need to provide scanned copies of documents, the analyst will send the email in response to the complaint. Then, you will have to send confirmation documents at the following e-mail address.
Is a profile of the Politically Exposed Person (related person) completely removed from the Register if person loses this status?
Profiles of persons who, according to Ukrainian law, have lost the status of the Politically Exposed Person (related person), remain in the Public Register of Politically Exposed Persons, but they are marked with the grey colour with the date and grounds for the loss of the status of the Politically Exposed Person (related person). Namely: dismissal, changes in the law, death, etc.