QUESTIONS AND ANSWERS
What information does the Register contain?
Open Register of national politically exposed persons of Ukraine contains profiles of individuals and legal entities that belong to one of the categories as follows:
● national politically exposed person – an individual that falls under the definition of “the national politically exposed person", stipulated by the Law of Ukraine “On Prevention and Counteraction to Legalization (Laundering) of the Proceeds of Crime, Terrorism Financing and Financing of Proliferation of Weapons of Mass Destruction” (paragraph 25 part 1 Article 1 of the Law). Or it can be an individual that does not fall under this definition but he/she is included by us in the category of national politically exposed persons on the basis of recommendations by the Financial Action Task Force on Money Laundering (FATF) or the Wolfsberg Group (the non-governmental association of thirteen global banks founded in 2000 in Switzerland, goal of which has been to develop financial industry standards for combatting money laundering (AML));
● associate – an individual connected with the national politically exposed person through private or business ties;
● family member – an individual connected with the national politically exposed person through the family ties as follows:
○ husband/ wife (or any individual that a politically exposed person resides with, having family, without registering the marriage);
○ father/ mother;
○ stepfather/ stepmother – as individuals having the legal status similar to that of a father/mother;
○ son/ daughter;
○ stepson/ stepdaughter
○ adopter or adopted;
● Profiles of the legal entities that are connected with the national politically exposed persons, their associates, members of families of national politically exposed persons, as well as profiles of banks that provide services to individuals and legal entities, information on whom is contained in the Register;
● Profiles of individuals and legal entities that do not fall under the criteria of connection, but added to the site solely with the informational aim in order to create extended profiles of individuals.
More details about the list of national politically exposed persons, family members, and their associates, information on whom is contained in the Register, are available here.
Profiles of individuals and legal entities that are present in the Register can be basic or extended.
The basic profile of national politically exposed person collects and systemizes the following information confirmed by the documents:
● Last name, firs name, and patronymic name;
● Type of national politically exposed person;
● Full date of birth (if available);
● Place of birth (country, city – if available);
● Officially confirmed place of employment;
● Data of submitted assets declarations;
● List of associates (full name, type of connection);
● List of connected legal entities (full name, type of connection).
The extended profile of national politically exposed person collects previously published and validated additional information about the assets and funds, as well as the individual’s business reputation:
● Geography, history, and origin geography of business, funds, and assets;
● Known family, private, and business ties;
● Legal entities connected with the national politically exposed person;
● International sanctions applied to the individual;
● Criminal investigations that the national politically exposed person is subject to, his/her status in the proceedings;
● Criminal records;
● Involvement in corruption in broad sense – starting from bribery, assistance in appointing close persons to the post, abuse of the land resources management or during the public procurements, engagement in malversation of public or municipal property, – to violation of requirements of unlawful holding more than one office, making decisions subject to the conflict of interests, or supporting law drafts that foster corruption;
● Detailed description of known corruption schemes that the national politically exposed person is connected with.
What evidence is information of the Register based on?
Information contained in the Register is based on the evidence collected by the Anti-corruption Action Centre from publicly available reliable sources.
The fact of individual’s appointment to the post that grants him/her status of national politically exposed person and the fact of his/her dismissal can be confirmed by:
● The response of the government agency or company to the official request;
● The decision of the government agency published on the official website (e.g., the Decree of the President of Ukraine or the Resolution of the Verkhovna Rada of Ukraine on the appointment to the post);
● Information of the official websites of government agencies published according to the requirements of the Resolution of the Cabinet of Ministers of Ukraine no. 3 “On Procedure for Publishing Information about theExecutive Agencies' Activity on the Internet ” of January 4, 2002;
● Information of the United State Register of Legal Entities, Individual Entrepreneurs and Public Organizations of Ukraine or the Public Informational Database of the Securities Market.
Family ties are confirmed through:
● the information submitted by the individual in his/her assets declaration in the section “INFORMATION ABOUT THE FAMILY MEMBERS OF THE DECLARATION SUBJECT”;
● in certain cases when extended profiles are being created, - the information from the verified mass media, publicly available documents that display information about family ties (e.g., the Declaration of family ties of the candidate to the post of the judge). See below the rules of display of the information from mass media and other unofficial sources.
Information about connection with a legal entity can be confirmed through:
● Information of the United State Register of Legal Entities, Individual Entrepreneurs and Public Organizations of Ukraine, the Public Informational Database of the Securities Market, or foreign business registers;
● Court decisions of Ukrainian courts published in the Unified State Register of Court Decisions, or court decisions of other countries;
● Information of the mass media and other publicly available sources – in certain cases when extended profiles are being prepared. See below principles of mass media use;
● Own conclusion of Anti-corruption Action Centre analysts that are indicated in the profile;
Taking the aforementioned into account, the information in the extended profiles about the ties with legal entities can be of various levels of credibility:
● The connection is shown by the United State Register of Legal Entities, Individual Entrepreneurs and Public Organizations of Ukraine, the Public Informational Database of the Securities Market, or a similar foreign register;
● The connection is shown by a court decision, e.g., a ruling in the pre-trial investigation;
● There is no information of state registers or court rulings that would indicate ownership by a certain individual, but the connection is displayed via information of the mass media that can be classified as reliable, and indirect proofs based on which the analyst can establish the connection;
● The connection is deduced from the information of four or five mass media that can be classified as reliable. This information has never been declared untruthful by its subjects, but we cannot confirm it with documentary evidence. In such case, we use the mass media information and indicate the connection relative to the companies registered before 2004, and the described connection existed before 2004.
● The connection is shown by the documents published in the reliable mass media (court decisions, registration documents of legal entities, agreements etc.)
In case the information is published only in a single unverified mass media source, but there is no documentary confirmation, we do not use such information.
The statements that are contained in the text form in extended profiles can be confirmed with evidence from above-mentioned sources: statements from public state registers, Ukrainian as well as foreign ones; information published by state government agencies, including official decisions of these agencies in public access (on appointment to the post, on bringing to justice, on leasing property etc.); mass media information – in exceptional cases.
Principles of Use of the Mass Media and Other Sources:
● To build up the Register we do not use the mass media reports based on the unknown source information;
● We do not use analytical articles where professional/private author’s thoughts are the source of information;
● We do not use documents published in the mass media that have reputation of unreliable if their sources cannot be confirmed by information from a more trustworthy source;
● We do not use audio recordings not verified by the court and/or otherwise;
● We use factual reports of press services of government agencies or information from the official sites of government agencies if such reports do not contain value judgements by officials or there are no grounds to consider the shared information untruthful;
● We refer to the comments of the individuals that by themselves reported certain factual information (e.g. about having children, getting married, holding the post etc.) if it was not disclaimed by anybody and there are no grounds to consider it untrue. At the same time, we avoid references to value judgements, statements aimed at whitewashing their reputation, escaping criminal investigation , soiling other person’s reputation;
● We refer to photo/video reports, on-the-spot reportages (court hearing videos, search photos/videos, wedding photos etc.) If possible, we provide additional documentary evidence.
● We use biographies published on the official sites of government agencies, political parties, personal pages of those individuals, as well as biographies submitted for official purposes (e.g., a biography submitted for participation in the selection competition for taking up the position of a judge or holding an elective office).
You can see the evidence confirming a certain statement by clicking link in the profile text or “і” mark next to the information that you are interested in. For example:
If a certain statement, in your opinion, has no documentary evidence, then you can report this using the button “Send information” in the bottom right corner of the page.
In case an individual whose profile is included into the Register has to submit the assets declarations according to the requirements of the Law of Ukraine ”On Corruption Prevention” (or he/she had such obligation according to the revoked Law “On the Principles of Prevention and Counteraction to Corruption”), the information from the declaration is uploaded to the Register, in particular:
● Total annual income of the declarant;
● Total annual income of the declarant family members;
● Total annual expenses of the declarant;
● Monetary assets of the declarant and their family members in a year (cash, funds in bank accounts, deposits to the credit unions and other non-bank financial institutions, including the institutes of joint investment, the money loaned by the declarant or their family member to the third parties, assets nominated in precious (bank) metals etc.);
● Total value of gifts, prizes, winnings received by the declarant or their family member during the year;
● The sum of financial liabilities of the declarant or their family member valid as of the end of year (taken credits, loans, unpaid tax liabilities etc.);
● Total area of the real estate divided into categories (plots of land, flats, houses, other real estate) owned by the declarant or their family members as of the end of year;
● List of vehicles owned by the declarant or their family members as of the end of year;
● Information about the declarant’s family members that have to be included into the declaration;
● Information on legal entities, corporate rights to which belong to the declarant or their family members;
● Information on legal entities, whose beneficiary is the declarant or their family members;
An active link to the declaration from which the data were sourced must be given next to the information.
As of February 1, 2018, the Register is missing information on the declaration sections “Precious movables (except vehicles)”, “Intangible assets”, “Securities”, “Uncompleted Construction Projects”, but you can get this information directly from the electronic declaration by clicking provided link. Transfer of the aforementioned sections data on PEPs from the electronic declaration to the database is being developed.
How often is information in the Register updated?
Information in the Register is updated in a semi-automatic mode. This is the reason why display of facts of holding the post, owning corporate rights, legal entity status, criminal proceedings status, information of the individual’s property and accounts being under arrest can be several months late.
Anti-corruption Action Centre is developing the mechanisms of the most prompt automatic information update and displaying of the last modification date.
If you believe the profile information is outdated you can report this by clicking the button “Send information” in the bottom right corner of the screen.
Who is the Register’s administrator, and why does he/she has the right to collect the published information?
Anti-corruption Action Centre NGO (State Register No. 38238280) is the administrator and the owner of the Register.
Anti-corruption Action Centre NGO is creating the Register in the course of its statute activities and in keeping with the constitutional right of its members on information, on freedom of thought and speech, on free expression of their views and beliefs.
The data published in the Register were received in the course of realization by Anti-corruption Action Centre NGO of its right to access public information stipulated by the Law of Ukraine “On the Access to the Public information”, as well as information from the open publicly available sources that has already been published. This information is not that of limited access and does not contain personal data as interpreted by the Law of Ukraine “On the Personal Data Protection” according to part 2 of Article 5 of the mentioned Law.
The conclusions, judgements, estimations of Anti-corruption Action Centre are based on the received information; they have evaluative nature and are not subject to refutation. However, Anti-corruption Action Centre keeps it possible for the politically exposed persons, their associates, and companies, that are mentioned on this site to provide proofs and facts that would make the published information more accurate.
The Register is subject to the copyright, belonging to Anti-corruption Action Centre NGO under the Law of Ukraine “On Copyright and Adjacent Rights”. No part of these materials can be reproduced or used in any form, including graphic, electronic, photocopier or any other way without referencing this site. This site is public and free for use for non-commercial purposes on the condition of referencing it. Use of information from the site for commercial purposes (including its further re-sale as various analytical products) is prohibited. The exception is use of site information by journalists, civil activists and analysts in order to prepare materials for the media and scientific research.
How to remove or edit information from the Register?
You can send notice or complaint concerning removal or editing of information in the Register through the feedback form after pressing the “Send information” button in the right bottom corner of the page.
Complaint form must include:
- last and first name, patronymics of an individual, name of legal entity, information in the Register being appealed or link to a certain profile – without this information we will not be able to identify the profile being complained about;
- the point of complaint, namely, the reasons why the information should be edited or removed from the Register (the information is not true, a person’s post does not entail the status of a politically exposed person, a person’s connection to a politically exposed person is insufficient for according the status of an associate);
- document scans or links proving the information stated in the complaint. If evidence submitted by You is insufficient, the analyst processing the information can ask for additional documents;
- contacts of complainants, preferably e-mail.
Complaint processing period is 10 working days, counting from the day the complaint was submitted through the feedback form or from the day additional documents from complainant were received.
Please note that the large share of information in the Register Anti-corruption Action Centre NGO is semi-automatically downloaded from the United State Register of Legal Entities. Therefore, if the data on person leaving the post, which entails awarding the status of a politically exposed person, was not timely input in a corresponding state register, you can appeal the agency authorized to submit documents for making changes to the United State Register of Legal Entities.
What are legal consequences of including data about an individual to the Register?
The Register is created for journalists, civil activists and organizations, as well as for financial monitoring actors providing financial (primarily banking) services in Ukraine and abroad, and is to be used for:
1) Identifying persons who are national politically exposed persons;
2) identifying legal entities connected with national politically exposed persons.
The Service of Financial Monitoring of Ukraine included the Register to its Methodical Guidelines for identifying politically exposed persons and ensuring financial monitoring of their financial operations.
Provisions for identification, verification, and study of a client as a politically exposed person by the agencies of primary financial monitoring, as well as the list of identification data are specified in Article 9 of the Law.
As a rule, identification, verification, and study of a politically exposed person includes:
● conducting identification and verification in cases stipulated by Article 3 of the Law;
● in-depth verification of information on a politically exposed person or a person acting on their behalf, their associate or one connected to a politically exposed person for confirmation or refuting of data provided by them, if their credibility and completeness are dubious;
● clarification of identifying data and other available information on a politically exposed person in case of changes or expiration term of the documents which were basis for identification, verification, study;
● determining of sources of funds and assets of politically exposed persons.
Based on the identification data analysis of a politically exposed person and other available statements and information on them and their activity, the primary financial monitoring actor evaluates the risk considering the risk criteria (establishing contractual relationship with a national politically exposed person can have high or unacceptably high risk).
Primary financial monitoring actors can set individual (specific) inner mechanisms of identifying politically exposed persons in their internal documents on financial monitoring. Primary financial monitoring actor can use open information sources as well as this Register for identifying politically exposed persons. However, the fact of publishing any statement from the Register does not automatically entail obligation from a bank/another financial monitoring actor to include a person in the category of national politically exposed persons/their associates; to stop financial operation of this person or deny establishing contractual relations.
Information in the Register and the technical specifications of the site are always being subject to update, therefore, in case you would like to receive the notifications of updates of the information that you are interested in, or any other changes in the Register’s operating, you can subscribe here.
Developed and maintained with the financial support of the project “Enhancing the role of civil society in public finance oversight”, funded by the European Union
The project “Enhancing the role of civil society in public finance oversight” is funded by the European Union. It aims at empowering civil society and journalists in the fight against corruption by increasing capacity of regional anti-corruption activists, addressing misuse of public finance, helping the Asset Recovery Agency and its civic oversight body to be set up and by upgrading the Register of Ukrainian Politically Exposed Persons for a more effective prevention of money laundering. For more information please visit: https://goo.gl/4jeeN2
The contents of this website are the sole responsibility of AntAC and can in no way be taken to reflect the views of the European Union.