Recently, cases of blocking the funds of individuals who have been found guilty or suspected of extremist activity have become more frequent. At the same time, “salary” and “social” cards also fell under the distribution. What to do to customers who have a bank account frozen?
Legislation
The legal basis is laid down in Federal Law No. 115 “On Countering Money Laundering”. In part 1 of Art. 7 of this document indicates that banks are required to freeze funds of persons suspected of involvement in extremist activities. In this case, the basis for inclusion of a person in such a list is the relevant court decision. In other cases, do not worry about whether bank accounts will freeze. Commercial organizations perform these operations without communicating with the client, and based on the inclusion of his data in the list of suspects. As practice shows, filing complaints and a statement does not lead to the release of funds.
Roughly speaking, the law prohibits a “suspect” from using his money. But the same document says that benefits and pensions guaranteed by the state, as well as salaries that are regulated by the Labor Code, should not be subject to the law. But practice shows that if a bank account is frozen, then a person will not get access to them until he is removed from the list of Rosfinmonitoring. The source of origin of funds is not taken into account.
The bank froze the account: what to do?
In accordance with the "Regulation on the Rules for the Transfer", benefits guaranteed by the state that older people receive by mail do not apply to cashless payments. Another thing is that many pensioners today receive money on a credit institution card. If such a person has a bank account frozen, it is necessary to write an application to the PF department asking them to deliver the allowance through a postal organization. If the registration address does not coincide with the place of residence, then this information must also be reported to the state body.
For "extremists" who receive cash benefits through the FSS ("maternity", "sick leave", etc.), it is necessary to perform the same actions: write an application to the Social Insurance Fund with a request to receive payments through post offices. Then it doesn’t matter if bank accounts are frozen. A person guaranteed by the state will receive money anyway.
If this does not work
Firstly, it must be remembered that non-receipt of benefits for 6 consecutive months leads to a suspension of payments. Therefore, if the scheme described above did not work, you must immediately contact the department of the state agency at the place of service and report this problem. In practice, there have not yet been such cases.
Do not give out salaries
This issue is resolved even faster. The Labor Code of the Russian Federation says that remuneration for work is paid at the place of work in cash. The transfer of funds to the card must be justified by the relevant application or employment contract. Therefore, if a bank account has been frozen, in the first case it is necessary to write a statement addressed to the employer with a request to receive a salary from the cash desk of the enterprise. A copy of the paper indicates the number and date of fixation. The application can also be sent by registered mail with acknowledgment of receipt. In the second case, it is necessary to write a paper in the name of the director with a request to amend a specific paragraph of the latest version of the TC. A draft supplementary agreement is attached to it, the text of the amended paragraph. The employer has the right to refuse the employee this request. Then it is necessary to close the "salary" account. The employer will not be able to fulfill his duty, and will be forced to sign an additional agreement. In extreme cases, you have to go to court. Such a decision will definitely have consequences for the employee.
Abroad rules apply
A few months ago, the Spanish authorities closed the Russians access to funds. Why did banks freeze accounts? Russian citizens did not explain the origin of capital on time. According to the law of the country, foreigners are obliged to justify the appearance of income invested in real estate or assets. The sanctions included people who did not respond in time to the relevant requests from the authorities. Authorities are also required to declare property outside of Spain. Violators face a fine of 10 thousand euros. But many victims do not even try to rectify the situation, as they are afraid to request such certificates in Russia.
What is the reason
Persons classified as “rich” must pay the difference between income tax in the Russian Federation and Spain. And this is 13% and 52%, respectively. The basis for the calculations is a statement of income. Hence all the problems. If a person has a bank account frozen in order to regain access to funds, you need to bring a certificate, respectively, notify the authorities about the ownership of property abroad, pay tax in the Russian Federation and the difference in the Spanish budget.
Conclusion
Rosfinmonitoring compiles a list of individuals suspected of carrying out extremist activities or terrorism. It is regularly reviewed by credit institutions, and if there are matches, they block access to funds. At the same time, all receipts on the card fall under the distribution. The good news is that people can regain access to pensions, benefits and salaries. Which banks froze the accounts, in this case it does not matter. These payments are guaranteed by the state and the labor code, and therefore do not fall under the law on money laundering.