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Communication no. 34 on the information obligation regarding the GIFI’s report for the Prime Minister, as stipulated in Article 14(4) of the Act of 1 March 2018 on Counteracting Money laundering and Financing of Terrorism

Pursuant to Article 14(1) of the Act of 1 March 2018 on Counteracting Money Laundering and Financing of Terrorism, the General Inspector of Financial Information (GIFI) shall present to the Prime Minister, through the minister competent for public finance, an annual activity report within 3 months from the end of the year for which the report is submitted. The elements of the GIFI’s annual report include information obtained from the entities referred to in Article 130(2) of the Act. These entities provide the GIFI within their competence with available information referred to in Article 14(2)(1) and (16) of the Act, within one month from the end of the year for which it is transferred. Information is provided in the manner and format agreed with the GIFI.
As regards the entities involved, the obligation to submit information to feed the GIFI’s report – with respect to the entities referred to in Article 130(2) of the Act – applies to:
1.    the President of the National Bank of Poland – with respect to currency exchange office operators within the meaning of the Foreign Exchange Law,
2.    the Polish Financial Supervision Authority – with respect to obligated institutions under its supervision,
3.    the National Cooperative Savings and Credit Union – with respect to cooperative savings and credit unions,
4.    presidents of the courts of appeal – with respect to notaries,
5.    heads of customs and tax control offices – with respect to obligated institutions controlled by these authorities,
6.    voivodeship or poviat governors – with respect to associations,
7.    ministers or poviat governors – with respect to foundations.
As regards the subject matter, the obligation concerned relates to the provision of available information on:
•    activities of the aforementioned entities as regards tasks related to counteracting money laundering and financing of terrorism, in particular data on human and financial resources involved in the implementation of these tasks,
•    particular categories of obligated institutions to which entities subject to supervision or control belong,
•    the economic importance of the market sectors to which entities subject to supervision or control belong, as at 31 December of the year for which the report is submitted.
Information (preferably in the digital form) can be submitted:
a.    In the digital form:
•    to the Electronic Inbox on the ePUAP platform: /bx1qpt265q/SkrytkaESP 
•    to the e-mail address: sekretariat.if@mf.gov.pl
Information submitted in the digital form requires authentication with a qualified signature or a trusted profile.
b.    or in the paper form:
•    in person in the Registry Office of the Ministry of Finance;
•    by mail (via postal service operators) to the following address:
Ministerstwo Finansów
Generalny Inspektor Informacji Finansowej
ul. Świętokrzyska 12
00-916 Warszawa
In order to facilitate the provision of available information by the entities referred to in Article 130(2) of the Act, the GIFI has developed a model of the information in question for possible use by entities obliged to provide it. It should be emphasised that this is only a proposal that entities obliged to provide information are not required to use.

Appendix.

Fulfilment of the obligation referred to in Article 14(4) of the Act on Counteracting Money Laundering and Financing of Terrorism by the entities referred to in Article 130(2) of this Act in year ......

  1. Data of the entity providing the information

Type of the cooperating unit

 

 

Name:

 

 

Address:

 

 

  1. Information
  1. Related to counteracting money laundering and financing of terrorism:
  • data on human resources involved in the implementation of these tasks:

 

 

  • data on financial resources involved in the implementation of these tasks:

 

 

  • Are the available human and financial resources sufficient to carry out AML/CFT tasks?

☐yes   ☐ no

(brief substantiation of the selected answer)

 

 

  • data regarding implemented training in the area of counteracting money laundering and financing of terrorism:

Training date

(it is sufficient to specify the quarter of the year)

Training topics

1.

2.

 

 

  • information on any identified problems regarding counteracting money laundering and financing of terrorism:

 

 

  • other information regarding counteracting money laundering and financing of terrorism1:

 

 

  1. Information and data regarding particular categories of obligated institutions subject to supervision or control2:

 

 

 

 

  1. Information regarding the economic importance of the market sectors to which entities subject to supervision or control belong3

 

 

 

 

Date and signature

 

 

 

 

1 For example, new areas of the ML/FT risk; potential ML/FT threats related to the performance of tasks by the cooperating unit; structural, economic and legislative vulnerabilities of the AML/CFT system.

For example, statistical data regarding particular categories of obligated institutions, information on the total number of checks carried out (including the number of checks with violations found), sanctions applied (administrative and criminal); key issues covered by AML/CFT control, major violations of the AML/CFT regulations found. The information may also correspond to risk factors relating to customers, countries or geographical areas, products, services, transactions or their delivery channels – that are related to the market sector operation and may affect the ability to launder money and finance terrorism.

Depending on the type of the controlling institution and the information held, this may be information on economic values characterising the market sector to which the entities subject to supervision or control belong. Information about the sector development prospects may also be provided

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