THE RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF UZBEKISTAN, DEPARTMENT ON FIGHT AGAINST ECONOMIC CRIMES UNDER THE PROSECUTOR GENERAL'S OFFICE OF THE REPUBLIC OF UZBEKISTAN

of October 15, 2018 No. 8, No. 43

About modification and amendments in the Resolution "About Approval of Rules of Internal Control on Counteraction of Legalization of Income Gained from Criminal Activities and Financing of Terrorism in Notary Offices and Lawyer Forming"

According to the Law of the Republic of Uzbekistan "About counteraction of legalization of the income received from criminal activities both to terrorism financing" and the Presidential decree of the Republic of Uzbekistan of May 23, 2018 the No. UP-5446 "About Measures for Radical Increase in Efficiency of Use of Budgetary Funds and Enhancement of Mechanisms of Fight against Economic Crimes" Ministry of Justice of the Republic of Uzbekistan and Department on fight against economic crimes under the Prosecutor General's Office of the Republic of Uzbekistan decide:

1. Make changes and additions to the resolution of the Ministry of Justice and Department on fight against tax, currency offenses and legalization of criminal income under the Prosecutor General's Office of the Republic of Uzbekistan "About approval of Rules of internal control on counteraction of legalization of the income gained from criminal activities and financing of terrorism in notary offices and lawyer forming" of October 13, 2009 No. No. 10, 39 (рег. No. 2020 of October 19, 2009) (Collection of the legislation of the Republic of Uzbekistan, 2009, No. 43, the Art. 461) according to appendix.

2. This resolution becomes effective after three months from the date of its official publication.

 

Minister of Justice

R. Davletov

The acting department head with economic crimes under the Prosecutor General's Office

D. Rakhimov

Appendix

to the Resolution of the Ministry of Justice and Department on fight against economic crimes under the Prosecutor General's Office of the Republic of Uzbekistan of October 15, 2018 No. No. 8, 43

Changes and additions made to the Resolution "About Approval of Rules of Internal Control on Counteraction of Legalization of Income Gained from Criminal Activities and Financing of Terrorism in Notary Offices and Lawyer Forming"

1. From preamble of the resolution of the word" (Collection of the legislation of the Republic of Uzbekistan, 2004, No. 43, the Art. 451) and the resolution of the President of the Republic of Uzbekistan of April 21, 2006 No. PP-331 "About measures for strengthening of fight against crimes in the financial and economic, tax sphere, with legalization of the criminal income" (2006, No. 18, the Art. 147)" to exclude collection of the legislation of the Republic of Uzbekistan.

2. In Rules:

a) state preamble in the following edition:

"These rules according to the Law of the Republic of Uzbekistan "About counteraction of legalization of the income received from criminal activities both to terrorism financing" and the Presidential decree of the Republic of Uzbekistan of May 23, 2018 No. UP-5446 "About Measures for Radical Increase in Efficiency of Use of Budgetary Funds and Enhancement of Mechanisms of Fight against Economic Crimes" determine procedure for the organization and implementation of internal control by counteraction of legalization of income gained from criminal activities and financing of terrorism in offices of notary public (further - notary offices) and lawyer forming.";

b) in Item 1:

the tenth to state the paragraph in the following edition:

"specially authorized state body - Department on fight against economic crimes under the Prosecutor General's Office of the Republic of Uzbekistan;";

add with paragraphs of the following content:

"freezing of money or other property - prohibition on transfer, conversion, the order or movement of cash or other property;

the person participating or suspected of participation in distribution of weapons of mass destruction - the physical person or legal entity determined by the resolutions of the UN Security Council and international legal documents recognized by the Republic of Uzbekistan, directed to prevention of distribution of weapons of mass destruction;

the person participating or suspected of participation in terrorist activities - physical person or legal entity which participates or is suspected of participation in terrorist activities directly or indirectly is owner or controls the organization performing or suspected of implementation of terrorist activities and also the legal entity who is in property or under control of physical person or organization, performing or suspected of implementation of terrorist activities;

The list - the list of the persons participating or suspected of participation in terrorist activities or distribution of weapons of mass destruction, created by specially authorized state body based on the data represented by the state bodies fighting terrorism, distribution of weapons of mass destruction, and other competent authorities of the Republic of Uzbekistan, and also the data received through official channels from competent authorities of foreign states and the international organizations;

transaction suspension - suspension of execution of orders of the client about transfer, conversion, transfer to ownership and use to other persons of money or other property, and also making of other legally significant actions;

public officials are the persons designated or elected constantly, temporarily or on special power, performing organizational and administrative functions and representatives on making of legally significant actions in legislative, executive, administrative or judicial authority of foreign state or in the international organization.";

c) in Item 3:

state paragraph two in the following edition:

"identification, assessment, documentary fixation and decrease in risks of legalization of income gained from criminal activities, and terrorism financing;";

third after the word "and terrorism financing" to add the paragraph with the words "or financing of distribution of weapons of mass destruction";

d) in item 4:

third to state the paragraph in the following edition:

"identification of beneficial owners, acceptance of available measures for check of their personality;";

to state paragraphs of the fifth and sixth in the following edition:

"timely provision in specially authorized state body of information (documents) on the suspicious transactions revealed during implementation of internal control;

suspension of transactions which participants are persons included in the List, and informing specially authorized state body on such transaction in day of its suspension;";

the twelfth after the word to "assessment" to add the paragraph with words ", to documentary fixation";

add with paragraphs of the following content:

"implementation of profound monitoring of business relations with public officials and their close relatives;

identification among participants of transaction of the persons participating or suspected of participation in terrorist activities or distribution of weapons of mass destruction by reconciliation with the List.";

e) in paragraphs three and the fifth Item 9 of the word "Department" and "Department" to replace respectively with the words "specially authorized state body" and "specially authorized state body";

e) Item in paragraph four 11, Items 15 and 261, the paragraph the second Item 27, paragraph one of Item 28, Item 29, paragraph one of Item 30, Item 31 and paragraph one of Item 33 the word "Department" shall be replaced with words "specially authorized state body";

g) add with Item 162 following of content:

"162. Measures for proper check of the client, surely include:

check of the personality and powers of the client and persons, on behalf of which he acts, based on the relevant documents;

identification of the beneficial owner of the client;

carrying out on permanent basis of studying of the business relations and transactions performed by the client for the purpose of check of their compliance to information about such client and his activities.

In addition to application of the above-stated measures for proper check of the client, concerning the public officials acting as the client or the beneficial owner of the client, notary offices and lawyer forming shall:

apply reasonable measures to confirmation of the status of the public official and determination of source of money or other property on transaction;

establish business relations with the public official only with the permission of management;

perform monitoring of business relations.";

h) Item 231 in paragraph three the word "Department" shall be replaced with words "specially authorized state body";

i) in Item 232:

state paragraph two in the following edition:

"the persons included in the List or which are in property or under control of person included in the List, either who directly or indirectly are the owner or controlling the organization included in the List;";

add with the paragraph the ninth the following content:

"public officials and their close relatives;";

the ninth to consider the paragraph the paragraph the tenth;

j) the paragraph one of Item 234 after the words "and terrorism financings" to add with the words "or financings of distribution of weapons of mass destruction";

k) state Item 26 in the following edition:

"26. Notary offices and lawyer forming when carrying out transactions shall verify identification data of their participants with the List.

Transaction with money or other property instantly and without prior notice is subject to suspension in cases if:

complete coincidence of all identification data of the client or one of participants of transaction with the person included in the List is established;

one of her participants acts on behalf or at the request of person included in the List;

the money or other property used for carrying out transaction fully or partially belong to person included in the List;

the legal entity - the participant of transaction, is in property or under control of the physical person or legal entity included in the List.

In case of suspension of transaction and (or) freezing of money or other property of person included in the List, notary offices and lawyer forming shall send the message on suspicious transaction to specially authorized state body, with indication of the amount of the refrigerated property.

Notary offices and lawyer forming resume carrying out the suspended transaction according to the procedure, the established Regulations on procedure for suspension of transactions, freezing of money or other property, provision of access to the refrigerated property and renewals of transactions of persons included in the list of the persons participating or suspected of participation in terrorist activities or distribution of weapons of mass destruction (рег. No. 2833 of October 11, 2016).";

l) in Items 331 and 34 "Department" shall be replaced with words the word "specially authorized state body".

3. These changes and amendments are approved with Chamber of lawyers of the Republic of Uzbekistan.

 

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