LAW OF THE KYRGYZ REPUBLIC

of July 31, 2006 No. 135

About counteraction of legalization (washing) of the criminal income and to financing of terrorist or extremist activities

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 16, 2006

Chapter I. General provisions

Article 1. Purpose, task and scope of this Law

1. This Law is directed to protection of the rights and legitimate interests of citizens, societies and the states, and also integrity of financial system of the Kyrgyz Republic from criminal encroachments by creation of legal mechanism of counteraction of legalization (washing) of the criminal income and to financing of terrorist or extremist activities.

2. The main objective of this Law is creation of the legal basis on prevention, detection, investigation of the activities connected with legalization (washing) of the criminal income and financing of terrorist or extremist activities and also establishment of precepts of law on creation of the authorized state body given authority to receipts of information, carrying out the analysis and transfer of data concerning suspicious transactions (transactions), and also transactions (transactions) which are subject to mandatory control according to this Law. The specified body has the right to demand from persons representing data, taking measures directed to counteraction of legalization (washing) of the criminal income and to financing of terrorist or extremist activities according to this Law, the customs legislation of the Customs union, the Agreement on procedure for movement by physical persons of cash and/or monetary instruments through customs border of the Customs union of July 5, 2010, the Agreement on counteraction of legalization (washing) of income gained in the criminal way and to financing of terrorism when moving cash and/or monetary instruments through customs border of the Customs union of December 19, 2011 and other regulatory legal acts.

3. This Law governs the relations of citizens of the Kyrgyz Republic, foreign citizens and the persons without citizenship who are constantly living in the Kyrgyz Republic, the organizations performing movement through customs border of the Customs union of money and/or monetary instruments, transactions (transaction) with money or property and also the state bodies exercising control in the territory of the Kyrgyz Republic of carrying out transactions (transactions) with money or property for the purpose of the prevention, identification and suppression of the acts connected with legalization (washing) of the criminal income and financing of terrorist or extremist activities.

4. Ceased to be valid according to the Law of the Kyrgyz Republic of 28.07.2015 No. 200

Article 2. The main terms and concepts used in this Law

For the purposes of this Law the following main terms and concepts are used:

criminal income - any economic benefit or property received or acquired, directly or indirectly, as a result of crime execution;

legalization (washing) of the criminal income - penal socially dangerous act, stipulated in Article 183 Criminal codes of the Kyrgyz Republic;

property - the things, objects and assets expressed in things or in the rights and which are of material value (the personal and real estate which is in the territory of the Kyrgyz Republic and beyond its limits, securities, gemstones and metals, antiques and other property according to the current legislation), and also the legal documents or acts confirming the right to property or interest in it;

suspicious transaction (transaction) - transaction (transaction) falling under signs of suspicious transactions (transactions) according to this Law that is transactions (transaction) made with money or property which have no clear economic or obvious legal aim and are not characteristic of activities of this legal entity or physical person (persons) according to the list of signs of suspicious transactions approved by authorized state body;

authorized state body - the state body established or determined according to the legislation of the Kyrgyz Republic and authorized according to this Law to perform collection, the analysis and storage of information on suspicious transactions (transactions) and about transactions (transactions) which are subject to mandatory control and also to hold the events directed to counteraction of legalization (washing) of the criminal income and to financing of terrorist or extremist activities for the purpose of ensuring financial safety of the country;

financing of terrorist or extremist activities - the penal socially dangerous acts provided in the Criminal code of the Kyrgyz Republic;

mandatory control - set of the measures taken by authorized body regulated by this Law and regulatory legal acts adopted according to it on control of transactions with the money or property performed based on information provided to it by the persons representing data, performing such transactions and also on verification of this information according to the legislation of the Kyrgyz Republic;

internal control - set of the measures taken by persons representing data on identification of transactions (transactions) which are subject to mandatory control and suspicious transactions (transactions) and also for prevention of other transactions (transactions) with money or property which are directly connected with legalization (washing) of the criminal income and financing of terrorist or extremist activities. General provisions of internal control are established by the Government of the Kyrgyz Republic;

bank cover - the bank registered in the states and in the territories at which it physically is not present and which is not affiliated with any regulated financial group;

FATF - intergovernmental organization (group) on development and deployment of international standards for anti-money laundering and terrorism financing;

money - the bank notes in the form of banknotes and treasury notes, coins, except for coins from precious metals which are in circulation and being legal means of payment in state members of the Customs union or foreign states (group of foreign states) including withdrawn or withdrawn from circulation, but subject to exchange on the bank notes, and also electronic money which are in circulation;

monetary instruments - travel checks, bills of exchange, checks (bank checks), and also the securities in documentary form certifying obligations of the issuer (debtor) on payment of money in which person to whom such payment is performed is not specified;

foreign politically significant persons - citizens of foreign states to whom were provided or are presented considerable state and political functions in foreign state (the head of states or the governments, the high-ranking politicians, management officials in the government, courts, armed forces, law enforcement and fiscal agencies, heads and figures of political parties and religious associations), including former;

the beneficial owner (beneficiary) - person having the property right to money or property and from name and/or at the expense of which the client makes transaction (transaction) with money or property, or according to the signed contract between such person and the client, having opportunity directly or indirectly to influence making by the client of transactions (transactions) with money or property;

identification - establishment by persons representing data on the basis of the originals provided by physical persons or legal entities or properly certified copies of documents, the following data:

concerning physical person - surname, name, middle name (if other does not follow from the law or national custom), nationality, these identity certificates (passports) and the document confirming the right of the foreign citizen or stateless person to stay (residence) in the Kyrgyz Republic, the residential address (registration) or places of stay, identification taxpayer number (in case of its availability) or number of the certificate of social protection, power according to the order money or property, and also other data required according to regulatory legal acts of the Kyrgyz Republic;

concerning the legal entity - the name, form of business, the state registration number or registration number of the foreign legal entity, the place of state registration and the address of the location, identification taxpayer number or code of the foreign organization, the information about officials and other data relating to the statutory documents regulating activities of the client;

verification - the actions for refining or proper check of results of identification performed by persons representing data for the purpose of implementation of internal control;

freezing of transaction (transaction) or means - prohibition of making of transaction (transaction) or prohibition of transfer, transformation, alienation and funds transfer on the basis and on effective period of the order of authorized state body about freezing. Money or property concerning which the order about freezing is accepted remain in property of physical persons or legal entities and can remain under control of persons representing data;

persons representing data (concerning this Law), the legal entity and/or physical person performing transactions (transaction) with money or property:

- banks (including branches and representations);

- the financial organizations and organizations (including branches and representations);

credit institutions (organizations) and their branches;

credit unions;

insurance/reinsurance organizations;

professional participants of the security market;

mortgage companies;

the companies on management of pension assets;

leasing companies (financial);

persons providing services in money transfer or values on professional basis including on specialized money transfer systems without opening of the account;

persons who are engaged in purchase or sale or converting of foreign currency on professional basis (exchange bureau);

pawnshops and skupochny offices;

commodity exchanges;

- non-financial commercial structures:

the persons who are organizing and carrying out lotteries;

non-state pension funds;

the organizations and the agents (brokers) performing real estate transactions or rendering intermediary services when implementing transactions of purchase and sale of real estate (realtors);

persons, the performing transactions (transactions) with precious metals and gemstones, jewelry from them (and scrap of such products) when they perform any cash transactions (transactions) with the client;

- other persons, the performing transactions (transactions) with money or property:

persons rendering services in trust management, including trust companies (except for professional activity in the security market);

the organizations of mail and cable service transferring money.

Chapter II. Prevention of legalization (washing) of the criminal income and financing of terrorist or extremist activities

Article 3. The measures directed to counteraction of legalization (washing) of the criminal income and financing of terrorist or extremist activities

1. The banks and other financial credit institutes having the right of opening and maintaining bank accounts have no right to open anonymous bank accounts (deposits), accounts (deposits) to bearer and to perform any transactions without identification of partners and/or clients according to regulatory legal acts of the Kyrgyz Republic.

The banks and other financial credit institutes having the right of opening and maintaining bank accounts shall refuse to legal entity and physical person opening of the bank account (contribution) or carrying out account transaction if the documents necessary for fulfillment of requirements on opening of the bank account (contribution), carrying out transactions on it and identification of the client are not submitted by the corresponding person if obviously doubtful documents are submitted if this person is included in the list of persons involved in terrorist and extremist activities or distribution of weapons of mass destruction. In the cases specified in this paragraph the banks and other financial credit institutes having the right of opening and maintaining bank accounts, the signed agreements having the right to terminate with clients (account holders) and investors.

Persons representing data shall:

- identify the identity of the client (legal entity and physical person) and fix the obtained data according to the procedure, established by regulatory legal acts of the Kyrgyz Republic;

- verify the identity of the client (legal entity and physical person) according to the procedure, established by regulatory legal acts of the Kyrgyz Republic;

- make sure of powers and authenticity of persons having the rights to the order money or property;

- take available and necessary measures for establishment and identification of the beneficial owner (beneficiary);

- to systematically update customer information and beneficial owners (beneficiaries).

2. The banks and other financial credit institutes having the right to opening and maintaining bank accounts have no right to establish direct correspondence relations with banks which are registered in offshore zones, with their affiliates, subsidiary banks and separate divisions who are not independent legal entities, and also registered in the states or in the territories which are providing preferential tax regime, and (or) not providing disclosure and (or) information to banking supervisor authorities.

This restriction does not extend to establishment of direct correspondence relations with the branches registered in offshore zones which parent organizations are (are registered) out of offshore zones.

Creation of banks covers is forbidden.

The banks and other financial credit institutes having the right to opening and maintaining bank accounts have no right to establish or continue correspondence relations with banks covers, and also shall take the precautionary measures against making of transactions (transactions) with foreign financial organizations respondents allowing banks covers to use the accounts.

2-1. Persons representing data when servicing (implementation of transaction (transaction) with money and property) of foreign politically significant persons, in addition to the measures established in this Article shall:

- take available measures for identification of foreign politically significant persons among the physical persons accepted on servicing or which are on servicing;

- accept on servicing of foreign politically significant persons only based on the written permission of the head of persons representing data;

- take available measures for determination of sources of origin of money or property of foreign politically significant persons;

- on permanent basis to update available information on the foreign politically significant persons who are at them on servicing;

- pay special attention to transactions (transactions) with money or the property performed by foreign politically significant persons, their spouses, close relatives (on the direct ascending and descending line (parents and children, the grandfather, the grandmother and grandsons), full and not full (having general the father or mother) brothers and sisters, adoptive parents and adopted), representatives and business partners.

2-2. The banks and other financial credit institutes and the organizations having the right to opening and maintaining bank and other accounts when implementing cross-border correspondence relations shall:

- identify and carry out verification of organizations correspondents with which they establish or perform the correspondence bank relations;

- collect information on nature of activities of organization correspondent;

- on the basis of public information to make assessment of reputation of organization correspondent and to determine availability of supervisory authority in the field of counteraction of legalization (washing) of the criminal income and to financing of terrorist or extremist activities;

- get approval of executive management before establishment of the correspondence bank relations;

- make assessment of the control mechanisms used by organization correspondent (being the client of bank) concerning counteraction of legalization (washing) of the criminal income and to financing of terrorist or extremist activities.

2-3. The authorized state body develops the rules directed to non-admission of use for the purpose of legalization (washing) of the criminal income and financing of terrorist or extremist activities, non-profit organization which collects receives, represents or transfers money within the charity.

3. The legal entity having the status of the company (society) registered in offshore zone according to the legislation of the state of its registration cannot be the founder or the shareholder of resident bank of the Kyrgyz Republic.

For the purpose of implementation of licensing and regulation of activities of banks and other financial credit institutes the National Bank of the Kyrgyz Republic determines the list of subjects, the states and the territories of offshore zones and establishes conditions and restrictions for making of transactions (transactions) with them.

4. Persons representing data shall:

- develop rules of internal control on counteraction to financing of terrorism (extremism) and legalization (washing) of the income and procedures of its implementation, including proper mechanisms of control of their accomplishment and proper procedures of selection when hiring employees;

- store at least five years from the moment of account termination of the data and record relating to identification of the client, and also data on transactions (transactions) with money or property. Information in such records shall be sufficient to have opportunity to make recovery of separate transactions (transactions) for the purpose of submission of the corresponding proofs for consideration and investigation;

- not disclose data on information transfer to authorized state body. The message to the third parties about the facts of transfer of such information to authorized state body is possible only in the cases which are directly provided by the laws of the Kyrgyz Republic. Employees of the organizations performing transactions with the money or property having no right to inform clients of these organizations or other persons on provision of information in authorized state body;

- provide the message (with statement of the suspicions) to authorized state body in case of suspicion or availability of the basis to suspect that money or property are the criminal income or are connected with financing of terrorist or extremist activities, or will be used for this purpose;

- appoint the special officials responsible for observance and implementation of rules of internal control for counteraction of legalization (washing) of the criminal income and financing of terrorist or extremist activities (at the level of management);

- carry out on permanent basis, at least once a year, preparation and retraining of personnel concerning counteraction of legalization (washing) of the criminal income and to financing of terrorist or extremist activities, according to the procedure, established by regulatory legal act of the Kyrgyz Republic.

5. The procedure for suspension of transaction (transaction) and freezing of transaction (transaction) or means of the physical person or legal entity included in the list of persons involved in terrorist or extremist activities or distribution of weapons of mass destruction and also procedure for forming and publication of this list are established by the Government of the Kyrgyz Republic.

In case of non receipt during the specified term of the resolution of authorized body on freezing of the corresponding transaction (transaction) of physical persons and legal entities concerning which there are data on participation in terrorist or extremist activities (financing of terrorism or extremism), on additional term persons representing data perform transaction (transaction) with money or property according to the order of the client.

Freezing of transactions (transactions) with money and property of physical persons and legal entities concerning which there are data on participation in terrorist or extremist activities (financing of terrorism or extremism), over the term specified in the resolution of authorized body or arrest of money and property of specified persons can be performed only based on the resolution of the prosecutor or the investigator authorized by the prosecutor, according to the procedure, established by the legislation of the Kyrgyz Republic.

In case of non receipt after the term specified in the resolution of authorized body, the resolution of the prosecutor or investigator authorized by the prosecutor on freezing of the corresponding transaction (transaction) additional term or about seizure of the money or property of person representing data perform transaction (transaction) with money or property according to the order of the client.

The procedure for determination of the list of physical persons and legal entities concerning which there are data on participation in terrorist or extremist activities (financing of terrorism or extremism) and finishing it to data of persons representing data is established by the Government of the Kyrgyz Republic.

6. Persons representing data and their employees are exempted from liability for damages, the uncollected profit or moral harm caused to physical persons and legal entities by lawful execution of the obligation provided by this Law to provide in accordance with the established procedure information on suspicious transactions (transactions) if at the same time violations of established procedure of making of such actions were not allowed.

Suspension of transactions, refusal in opening of the bank account (contribution) or carrying out account transaction, and also the agreement cancelation of the bank account and account termination provided in this Article are not the basis for emergence of civil and other responsibility of persons representing data.

7. Persons representing data shall pay special attention to business relations, and also transactions (transactions) with the organizations and faces from the states and the territories which do not apply or apply in insufficient degree of the recommendation of FATF, and also with the affiliated organizations, branches and representations which main companies are registered in such states and the territories. The list of such countries and the territories affirms authorized state body together with National Bank of the Kyrgyz Republic and supervisory authorities.

8. Control of execution by physical persons and legal entities of this Law and other regulatory legal acts of the Kyrgyz Republic adopted according to it is performed by the relevant supervisory authorities according to their competence and according to the procedure, established by the legislation of the Kyrgyz Republic, and also authorized body in case of absence of supervisory authorities in the field of activities of the separate organizations performing transactions (transaction) with money or property.

Article 4. Requirements (condition) of mandatory control

1. Persons representing data shall:

- provide information on transactions (transactions) with money or property which are subject to mandatory control according to the list of the criteria determined in this Law no later than the working day following behind day of making of transaction (transaction), to authorized state body in the form established by it;

- reveal suspicious transactions (transactions) according to the list of criteria of suspicious transactions (transactions) and provide information on them to authorized state body no later than the working day following behind day of recognition of transaction (transaction) suspicious.

The list of criteria of suspicious transactions (transactions) and the procedure (form) of submission of information on them are established by authorized state body.

This information is fixed documentary and includes:

- transaction type (transactions) and bases of its making;

- transaction date (transactions) and the amount on which it is made;

- the data received as a result of identification of physical person or legal entity;

- the data necessary for identification of physical person or legal entity, according to the order and on behalf of which transaction (transaction), identification taxpayer number (is made in case of its availability), the residential address or the locations of physical person or legal entity;

- the data necessary for identification of the representative of the physical person or legal entity making transaction (transaction) on behalf of other person owing to the power based on the power of attorney, the law or the act of the state body authorized on that or local government body, the residential address of the representative of physical person or legal entity;

- the data necessary for identification of the receiver on transaction (transaction) with money or property,

including name of a consignee, number of its account.

2. If the workers representing data have suspicions that any transactions (transactions) are performed for the purpose of legalization (washing) of the criminal income and financing of terrorist or extremist activities, this person shall send to authorized state body of the data on such transactions (transactions) irrespective of, belong or they do not treat transactions (transactions), the stipulated in Article 6 these Laws.

3. Persons representing data shall fix and give documentary to authorized state body actually established circumstances of difficult, unusually large transactions (transactions), and also operations (transactions) performed according to the unusual scheme which is not making common economic intendment or the obvious legal purpose.

The list of signs of such transactions (transactions) is established by authorized state body.

4. Persons representing data shall represent to authorized state body, by its written request, the additional information and documents connected with transactions (transactions) which became object of mandatory control concerning suspicious transactions (transactions) including the constituting official, trade, bank or other secrets, and also documents and information which are provided based on the corresponding international treaty of the Kyrgyz Republic, no later than 10 working days from the moment of receipt of request.

Chapter III. Organization of activities for counteraction of legalization (washing) of the criminal income and financing of terrorist or extremist activities

Article 5. Authorized state body

1. The authorized state body is body, tasks, function and which power in the field of counteraction of legalization (washing) of the criminal income and to financing of terrorist or extremist activities, are established according to this Law. Intervention of public authorities in the solution of the questions carried by this Law to maintaining authorized state body is not allowed, except the cases provided by this Law and other laws of the Kyrgyz Republic.

2. Authorized state body within the competence:

1) carries out collection, processing and information analysis, connected with transactions (transactions) which are subject to mandatory control;

Develops 2) and performs measures for enhancement of system of the prevention, identification and suppression of suspicious transactions (transactions), and also transactions (transactions) connected with legalization (washing) of the criminal income and financing of terrorist or extremist activities including provision of explanations on application of measures for counteraction of legalization (washing) of the criminal income and financing of terrorist or extremist activities, in particular, in identification of suspicious transactions (transactions) and the direction of the report on them;

3) brings into court (judge), the prosecutor, into investigation authorities and bodies of inquiry the generalized materials connected with legalization (washing) of the criminal income and financing of terrorist or extremist activities on the basis of official written requests on the initiated proceedings according to the legislation of the Kyrgyz Republic. The generalized material can be provided by authorized state body in law enforcement agencies and courts on the initiative;

4) performs the activities for the prevention and suppression of legalization (washing) of income gained in the criminal way;

5) according to the current legislation has right of access (use) to databases (registers), forming and (or) maintaining which are performed by state bodies;

6) in the presence of the good causes testimonial of the fact that transaction (transaction) is connected with legalization (washing) of the criminal income and financing of terrorist or extremist activities is sent by the corresponding generalized material to law enforcement agencies according to their competence;

7) ceased to be valid according to the Law of the Kyrgyz Republic of 28.07.2015 No. 200

8) sends written requests to persons representing data by information specified in article 4 of this Law as concerning transactions (transactions) which are subject to mandatory control and concerning information connected with clients and beneficial owners (beneficiaries);

9) concerning any information obtained according to the carried-out functions has the right to request and receive from the state bodies and persons representing data, any additional information connected with counteraction of legalization (washing) of the criminal income and to financing of terrorist or extremist activities. The state bodies and persons representing data shall provide to authorized state body the requested information at the scheduled time and in the established form.

3. Ceased to be valid according to the Law of the Kyrgyz Republic of 28.07.2015 No. 200

Freezing of transactions (transactions) with money and property of physical persons and legal entities concerning which there are authentic data on participation in terrorist or extremist activities (financing of terrorism or extremism) is not the basis of emergence of civil and other responsibility of authorized state body.

4. Management and the staff of authorized state body, National Bank of the Kyrgyz Republic and other state bodies, including former which according to this Law have or had information access from persons representing data bear criminal and other liability for illegal disclosure, use of trade or other secret, abuse of official position according to the legislation of the Kyrgyz Republic.

Article 5-1. Counteraction of legalization (washing) of income gained in the criminal way and to financing of terrorism when moving cash and (or) monetary instruments through customs border of the Customs union

Counteraction of legalization (washing) of income gained in the criminal way, and to financing of terrorism when moving cash and/or monetary instruments through customs border of the Customs union is performed according to the legislation of the Kyrgyz Republic in the field of customs affairs, the customs legislation of the Customs union, the Agreement on procedure for movement by physical persons of cash and/or monetary instruments through customs border of the Customs union of July 5, 2010, the Agreement on counteraction of legalization (washing) of income gained in the criminal way and to financing of terrorism when moving cash and/or monetary instruments through customs border of the Customs union of December 19, 2011 and this Law.

Article 6. The list of criteria according to which transactions (transaction) are subject to mandatory control

1. Transaction (transaction) with money or property is subject to mandatory control if the amount on which it is made is equal or exceeds 1000000 som (equivalent in foreign currency), at the same time in character this transaction (transaction) belongs to one of transaction types (transactions), stipulated in Item 2 these Articles.

2. Treat transactions (transactions) with money or the property which is subject to mandatory control:

1) all internal and external transactions (transactions) performed by banks and other financial credit institutes, except for transactions (transactions) which list is determined by authorized state body in coordination with National Bank of the Kyrgyz Republic;

2) transaction (transaction) if at least one of the parties is the physical person or legal entity having respectively registration, the residence or the location in the state (in the territory) in which (on which) disclosure or submission of information when carrying out financial transactions is not provided, or one of the parties is person who is the account holder in the bank registered in the specified state (in the specified territory).

The list of such states (territories) is determined by authorized state body in coordination with National Bank of the Kyrgyz Republic on the basis of the lists approved by the international organizations which are engaged in counteraction of legalization (washing) of income gained in the criminal way and is subject to publication;

3) other transactions (transactions), over the threshold established by this Law:

- purchase or sale of cash foreign currency;

- acquisition of securities by physical person in cash;

- exchange of banknotes of one advantage for banknotes of other advantage;

- entering by physical person into the authorized capital of the organization of money in cash form;

- cash flow of charitable, public organizations and organizations, funds;

4) other transactions with personal and real estate:

- placement of securities, precious metals, gemstones or other values in pawnshop;

- payment of insurance premium by physical person or obtaining from it insurance premium on life insurance and other types of accumulative insurance and provision of pensions;

- the real estate transaction if the amount on which it is made is equal or exceeds 4500000 som;

- transaction with personal estate;

- obtaining or provision of property under the agreement of finance lease (leasing);

- payment of money in the form of the prize received from game in lottery;

5) transfer(s) of money:

- performed not by financial credit institutions at the request of the client;

- on the systems allowing to perform such transactions without opening of the account and their obtaining.

3. Transactions (transaction) with money or property if at least one of the parties participating in these transactions (transactions) is the face included in the List of persons who served sentence for crime execution of terrorist and/or extremist nature, created according to the procedure, established by the Government of the Kyrgyz Republic are subject to mandatory control.

4. Suspicious transactions (transactions) are subject to mandatory control.

Chapter IV. International cooperation in the field of counteraction of legalization (washing) of the criminal income and to financing of terrorist or extremist activities

Article 7. Exchange of information and legal assistance

1. The authorized state body according to international treaties of the Kyrgyz Republic or on the principles of reciprocity cooperates with competent authorities of foreign states and the conventional international organizations at stages of information collection, preliminary inquiry, legal proceedings and execution of judgments, and also in other forms of mutual legal assistance in the field of counteraction of legalization (washing) of the criminal income and to financing of terrorist or extremist activities.

2. The authorized state body and other public authorities of the Kyrgyz Republic performing the activities connected with counteraction of legalization (washing) of the criminal income and to financing of terrorist or extremist activities provide the relevant information to competent authorities of foreign states on their requests or on own initiative according to the procedure and on the bases which are provided by international treaties of the Kyrgyz Republic, or on the principles of reciprocity.

The authorized state body has the right to send to competent authorities of foreign states inquiries for provision of necessary information in the field of counteraction of legalization (washing) of the criminal income and to financing of terrorist or extremist activities.

3. Transfer to competent authorities of foreign state of information connected with identification, withdrawal and confiscation of the criminal income and/or in connection with financing of terrorist or extremist activities, is performed if it does not cause damage to interests of homeland security of the Kyrgyz Republic.

4. Information connected with identification, withdrawal and confiscation of the criminal income and/or in connection with financing of terrorist or extremist activities, is provided at the request of competent authority of foreign state provided that it will not be used without prior consent the relevant organs of the government of the Kyrgyz Republic which presented her, for the purpose of, not specified in request.

5. The authorized state body which sent inquiry to competent authority of foreign state provides confidentiality of provided information and uses it only for the purpose of, specified in request.

The public authorities of the Kyrgyz Republic performing the activities connected with counteraction of legalization (washing) of the criminal income and to financing of terrorist or extremist activities according to international treaties of the Kyrgyz Republic and the laws of the Kyrgyz Republic perform, within the competence, requests of competent authorities of foreign states about confiscation of the criminal income, and also about production of separate legal proceedings on cases on detection of the criminal income, property attachment, on withdrawal of property, including carry out expertize, interrogations of suspects, persons accused, witnesses, victims and other persons, searches, dredging, transfer physical evidences, perform delivery and transfer of documents.

6. The expenses connected with execution of the specified requests are compensated according to international treaties of the Kyrgyz Republic.

7. For the purpose of implementation of counteraction of legalization (washing) of the criminal income and to financing of terrorist or extremist activities, the banking supervisor authority and regulations of activities of banks and other financial credit institutes have the right to request, receive and provide the relevant information to banking supervisor authorities of foreign states as on requests, and on own initiative.

8. The requirement about provision and provision of information (materials) for the purpose of fight against legalization (washing) of the criminal income and financing of terrorist or extremist activities, are shown and performed in the territory of the Kyrgyz Republic in accordance with the terms, provided by this Law.

Chapter V. Final provisions

Article 8. Responsibility for violation of this Law

1. Violation by persons representing data, the requirements provided by this Law attracts the administrative responsibility according to the procedure, stipulated by the legislation the Kyrgyz Republic.

2. Management and the staff of authorized state body, National Bank of the Kyrgyz Republic and other state bodies, including former which according to this Law have or had information access, received from persons representing data bear criminal liability for illegal disclosure, use of bank, trade or other secrecy, abuse of official position according to the penal legislation of the Kyrgyz Republic.

3. Employees of persons representing data, including former bear responsibility for disclosure of the fact of execution of requests and the direction of information in authorized state body according to the legislation of the Kyrgyz Republic.

4. Or for participation in making of financing of terrorist or extremist activities the legal entity is made for participation in making of legalization (washing) of the criminal income responsible according to the legislation of the Kyrgyz Republic.

Article 8-1. Submission of information and documents to authorized state body

1. State bodies and local government bodies of the Kyrgyz Republic provide to authorized state body information and the documents necessary for implementation of its functions (except for information on private life of citizens), according to the procedure, established by the legislation of the Kyrgyz Republic.

2. The National Bank of the Kyrgyz Republic, other supervisory authorities, persons representing data general directorates of free economic zones of the Kyrgyz Republic, and also association and the unions of subjects of entrepreneurship represent to authorized state body, including on its request, information and documents necessary for implementation of its functions, in accordance with the established procedure.

3. Representation to authorized state body, including on its request, information and documents public authorities, local government bodies, National Bank of the Kyrgyz Republic and other supervisory authorities, and also legal entities, irrespective of pattern of ownership, for the purpose of and procedure, provided by this Law, is not violation of official, bank, tax, trade, statistical secret and mystery of communication (regarding information on postal money transfers).

4. State bodies of the Kyrgyz Republic within the competence represent to the authorized state body and persons representing data, information containing in the Unified State Register of Legal Entities, the unified state register of statistical units, the summary state register of the representative offices of the foreign companies, and also data on the lost, invalid passports accredited in the territory of the Kyrgyz Republic on passports of the died physical persons, on the lost forms of passports.

5. Representation by persons representing data and also associations and the unions of subjects of entrepreneurship of information on suspicious transactions (transactions) with money or property and transactions (transactions) which are subject to mandatory control, authorized state body according to the requirements established by this Law is not disclosure of official, bank, tax, trade secret, mystery of communication (regarding information on postal money transfers) or other secret.

6. In the presence at the lawyer, the auditor, the tax consultant, the notary and person performing business activity in the field of rendering legal or accounting services, the bases to believe that transactions (transaction) with money or property specified in Item 2 of article 6 of this Law are performed or can be performed for the purpose of legalization (washing) of the criminal income and financing of terrorist or extremist activities, they shall send information to authorized state body, at the same time without notifying on it the client.

Submission by specified persons of information on suspicious transactions (transactions) with money or property is not disclosure of professional or other secrecy.

The procedure for information transfer by specified persons is established by authorized state body.

Article 9. Entry into force of this Law

1. This Law becomes effective after three months from the date of official publication.

2. To the government of the Kyrgyz Republic:

- prepare and make in Jogorku Kenesh of the Kyrgyz Republic offers on reduction of legal acts of the Kyrgyz Republic in compliance with this Law;

- develop necessary regulatory legal acts for implementation of this Law.

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