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ACCESS TO SOURCES OF INFORMATION AND CAPABILITIES OF THE ASSET RECOVERY AND MANAGEMENT AGENCY

  2. Finding and tracing of assets

For the purpose of carrying out tasks in the field of detection and tracing of assets, the Asset Recovery and Management Agency (ARMA) is entitled to receive, process, and exchange information on natural and legal persons in accordance with international treaties and the legislation of Ukraine.

Paragraph 2 of part one of Article 10 of the Law provides that, in order to perform its functions, the Asset Recovery and Management Agency shall:

  1. Request, by decision of the Head of the Asset Recovery and Management Agency or his/her Deputy, and receive free of charge in the manner prescribed by law from state authorities, local self-government bodies, enterprises, institutions, and organizations the information necessary for the performance of the Agency’s duties;
  2. Have access to the Unified Register of Pre-Trial Investigations (in the manner and scope defined by a joint order of the Office of the Prosecutor General and the Asset Recovery and Management Agency), automated information and reference systems, registers, and databases administered by state authorities or local self-government bodies, and make use of state means of communication, including governmental communications, special communication networks, and other technical facilities.

The processing of such information by the Asset Recovery and Management Agency is carried out in compliance with the requirements of legislation on the protection of personal data and the safeguarding of legally protected secrecy.

List of Sources of Information Accessible to the Asset Recovery and Management Agency for the purpose of carrying out its functions in the field of detection and tracing of assets:

  • Information, documents, automated information and reference systems, registers, and databases at the disposal of state authorities and local self-government bodies;
  • Information on the existence and status of accounts, as well as transactions on the accounts of specific legal entities or natural persons, including natural persons engaged in entrepreneurial activity, that are at the disposal of banks;
  • Information on the existence and status of accounts, as well as transactions on the accounts of specific legal entities or natural persons, including natural persons engaged in entrepreneurial activity, that are at the disposal of professional participants in the capital markets and organized commodity markets;
  • Information (including copies of documents) concerning natural and legal persons that is at the disposal of foreign state authorities, enterprises, institutions, and organizations regardless of the form of ownership, including banks, depositories, and financial institutions, private enforcement officers, auditors, notaries, appraisers, as well as experts, insolvency practitioners, members of liquidation commissions, liquidators, and authorized persons of the Deposit Guarantee Fund for Individuals.

The Asset Recovery and Management Agency receives information from the above-mentioned sources in an automated remote mode or by receiving responses to written requests.

To improve the efficiency of the processes of finding and tracing of assets and to ensure the prompt receipt of necessary information, the Asset Recovery and Management Agency constantly implements measures aimed at informatization, automation, optimization, and regulation of access procedures to information sources, in particular through cooperation with entities holding such information, including the conclusion of relevant memoranda, agreements, protocols, and the adoption of joint orders.

For the purpose of ensuring access to information required for the finding and tracing of virtual assets, cooperation has been established with service providers engaged in cryptocurrency transactions.

In addition, the Asset Recovery and Management Agency has established cooperation with leading Ukrainian and international resources that provide services in the field of collecting information on corporate structures, the financial standing of legal entities and natural persons, the location of assets (geolocation), and other necessary information.

Such resources include: YouControl, RuAssets, Orbis, Sayari, Maltego, Hunchly, ArcGIS.

In view of the above, the Asset Recovery and Management Agency has broad access to a wide range of information resources, which it uses for the purposes of finding and tracing of assets.

 

 

 

According to Directive (EU) 2024/1260 of the European Parliament and of the Council of 24 April 2024 on asset recovery and confiscation, Member States shall ensure that Asset Recovery Offices have immediate and direct access to the following types of information, provided that such information is stored in centralized or interconnected databases or registers maintained by public authorities:

(a) national land registries or electronic data search systems, as well as land and cadastral registers;

(b) national registries of citizenship and population of natural persons;

(c) national registries of vehicles, aircraft, and vessels;

(d) commercial registers, including registries of enterprises and companies;

(e) national registries of beneficial ownership in accordance with Directive (EU) 2015/849 and data accessible through the interconnection of beneficial ownership registers pursuant to that Directive;

(f) centralized registries of bank accounts pursuant to Directive (EU) 2019/1153.

Member States shall ensure that Asset Recovery Offices are able to obtain promptly, either immediately and directly or upon request, the following types of information:

(a) fiscal data, including data stored by tax authorities and state fiscal control bodies;

(b) data on national social security;

(c) relevant information held by authorities empowered to prevent, detect, investigate, or prosecute criminal offences;

(d) information on mortgages and loans;

(e) information contained in national currency databases and foreign exchange databases;

(f) information on securities;

(g) customs data, including cross-border physical transfers of cash;

(h) information on annual company financial statements;

(i) information on bank transfers and account balances;

(j) information on crypto-asset accounts and transfers of crypto-assets, as defined in Article 3 of Regulation (EU) 2023/1113 of the European Parliament and of the Council;

(k) in accordance with Union law, data stored in the Visa Information System (VIS), the Schengen Information System (SIS II), the Entry/Exit System (EES), the European Travel Information and Authorisation System (ETIAS), and the European Criminal Records Information System for Third-Country Nationals (ECRIS-TCN).

Where information is not stored in centralized or interconnected databases or registers maintained by public authorities, Member States shall take the necessary measures to ensure that Asset Recovery Offices are able to obtain such information rapidly from the relevant institutions through other means in a simplified and standardized manner.