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 June 14, 2021 No. 13, on June 10, 2021 No. 19

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 Presidential decree of the Republic of Uzbekistan of September 9, 2019 No. UP-5816 "About Measures for Radical Reforming of System of Notariate in the Republic of Uzbekistan" and the Law of the Republic of Uzbekistan of January 15, 2019 "About modification and amendments in some legal acts of the Republic of Uzbekistan in connection with enhancement of mechanisms of fight against economic crimes and financing of distribution of weapons of mass destruction" the Ministry of Justice and Department on fight against economic crimes under the Prosecutor General's Office of the Republic of Uzbekistan decide No. ZRU-516:

1. Make changes and additions 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 13, 2009 No. No. 10, 39 "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" (рег. No. 2020 of October 19, 2009) (Collection of the legislation of the Republic of Uzbekistan, 2009, No. 43, Art. 461; 2010, No. 40-41, of Art. 348; 2014, No. 22, Art. 262; The National database of the legislation, 17.10.2018, No. 10/18/2020-3/2061) according to appendix.

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

Minister of Justice

R. Davletov

The department head under the Prosecutor General's Office

D. Rakhimov

It is approved: Chairman June 7, 2021

D. Ashurov

President of Chamber May 24, 2021

A. Ernazarov

 

Appendix

to the Resolution of the Ministry of Justice of June 12, 2021 No. 13 and Department on fight against economic crimes under the Prosecutor General's Office of the Republic of Uzbekistan of June 10, 2021 No. 19

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. In the resolution:

a) in the name and preamble of the word "and to terrorism financing" shall be replaced with words to "financing of terrorism and financing of distribution of weapons of mass destruction";

b) in Item 1 of the word "and to terrorism financing" shall be replaced with words to "financing of terrorism and financing of distribution of weapons of mass destruction".

2. In Rules:

a) in the name, Item 5, Item 26-1, paragraph one of Item 33, Items 34-1 and 35 of the word "and to terrorism financing" shall be replaced with words to "financing of terrorism and financing of distribution of weapons of mass destruction";

b) 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 to financing of terrorism and financing of distribution of weapons of mass destruction" 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, to financing of terrorism and financing of distribution of weapons of mass destruction in notary offices and lawyer forming.";

c) in Item 1:

the fourth to state the paragraph in the following edition:

"the states which are not participating in international cooperation in the field of counteraction of legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of weapons of mass destruction - the states and the territories determined in official declarations of Group on development of financial measures for anti-money laundering (FATF) which pose threat to international financial system and which have system of counteraction of legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of weapons of mass destruction have strategic shortcomings;";

to state the paragraph of the sixth in the following edition:

"the client - the physical person or legal entity addressing to notary office or lawyer forming with the written or oral order or electronically (the statement, the petition) for implementation of transaction with money or other property;";

in paragraph nine of the word "and (or) terrorism financings" shall be replaced with words "financings of terrorism and (or) financing of distribution of weapons of mass destruction";

the twelfth to state the paragraph in the following edition:

"risk - risk of making by clients of transactions for the purpose of legalization of income gained from criminal activities, financing of terrorism and financing of distribution of weapons of mass destruction;";

the eighteenth to state the paragraph in the following edition:

"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, judicial or military body of foreign state or in the international organization and also the high-ranking heads of the companies of foreign states, the famous politicians and the famous members of political parties of foreign states, including the former public officials;";

add with the paragraph of the following content:

persons close to public officials are the physical persons which are directly connected with public officials on social and occupation characteristics.";

d) add Item 2 with the paragraph of the following content:

"making of executive texts.";

e) in Item 3:

in the paragraph the second the words "and terrorism financings" shall be replaced with words "financings of terrorism and financing of distribution of weapons of mass destruction";

in paragraph five of the word "and to terrorism financing" shall be replaced with words to "financing of terrorism and financing of distribution of weapons of mass destruction";

e) in item 4:

to state the paragraph of the sixth in the following edition:

"suspension of transactions with money or other property and (or) freezing of money or other property of persons included in the List, and informing specially authorized state body on such transactions in day of their suspension;";

in paragraph seven of the word "and to terrorism financing" shall be replaced with words to "financing of terrorism and financing of distribution of weapons of mass destruction";

in the paragraph the twelfth the words "and terrorism financings" shall be replaced with words "financings of terrorism and financing of distribution of weapons of mass destruction";

the thirteenth to state the paragraph in the following edition:

"implementation of profound monitoring of the transactions performed by the public officials, members of their families and persons close to public officials;";

add with the paragraph of the following content:

"immediate execution of the instruction of specially authorized state body about suspension for the term of no more than thirty working days of transactions with money or other property.";

g) add Item 6 with paragraphs of the following content:

"Notary offices and lawyer forming, proceeding from requirements of these rules, shall develop the internal regulations providing procedure for taking measures to identification, assessment, monitoring, management, decrease and documentary fixation of risks.

Internal regulations shall conform to requirements of these rules and other acts of the legislation, and also shall be constituted, proceeding the revealed risks and their assessment.

Internal regulations and the changes made to them and additions affirm heads of notary offices or lawyer forming.";

h) add with Item 7-1 of the following content:

"7-1. The notaries who are engaged in private practice bear the personal liability for observance of rules of internal control.";

i) in Item 9:

in paragraph one of the word "and terrorism financings" shall be replaced with words "financings of terrorism and financing of distribution of weapons of mass destruction";

third to state the paragraph in the following edition:

"provide timely transfer electronically by means of telecommunication channels of messages in specially authorized state body on suspicious transactions or actions of the clients revealed during implementation of procedures of internal control and also execution of requests of specially authorized state body about provision of the additional information;";

j) in Item 11:

the fourth to state the paragraph in the following edition:

"in case of identification of suspicious transactions in writing or electronically by means of telecommunication channels to transfer information to specially authorized state body in accordance with the established procedure;";

in paragraph nine of the word "and terrorism financings" shall be replaced with words "financings of terrorism and financing of distribution of weapons of mass destruction";

k) state Item 11-1 in the following edition:

"11-1. Data on transactions shall be drawn up so that it was in case of need possible to recover transaction details, and information was authorized available to use of specially state body.";

l) in Item 16:

in paragraph three of the word "and to terrorism financing" shall be replaced with words to "financing of terrorism and financing of distribution of weapons of mass destruction";

in paragraph five of the word "size of minimum wage" shall be replaced with words "the size of basic settlement size";

in paragraph six of the word "and to terrorism financing" shall be replaced with words to "financing of terrorism and financing of distribution of weapons of mass destruction";

m) in Item 16-2:

to state the paragraph of the seventh in the following edition:

"establish (or to continue for the existing clients) business relations with the public official only with the permission of management;";

add with paragraphs of the following content:

"Notary offices and lawyer forming shall apply the measures provided by this Item, also to the members of families of public officials and persons close to public officials.

In case of impossibility of application of measures of proper check of the client notary offices and lawyer forming shall refuse the introduction or carrying out transactions of such client or to suspend with it any business relations and to report about it to specially authorized state body.";

o) in Item 23-1:

in paragraph one of the word "or terrorism financings" shall be replaced with words "financings of terrorism or financing of distribution of weapons of mass destruction";

third to state the paragraph in the following edition:

"Results of risks assessment shall be drawn up in electronic form and annually till January 15 it be represented to specially authorized state body or the Ministry of Justice of the Republic of Uzbekistan.";

o) in Item 23-2:

paragraphs two and third to state in the following edition:

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

the persons who are constantly living, being or registered in the state which is not participating in international cooperation in the field of counteraction of legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of weapons of mass destruction or in offshore zone;";

the ninth to state the paragraph in the following edition:

"public officials, members of their families and persons close to public officials;";

p) add Item 34 with the paragraph of the following content:

"Monitoring and control of observance by notary offices and lawyer forming of requirements of these rules are performed with use of information and communication technologies, and also with involvement of specialists proceeding from the revealed risks during monitoring and control.";

c) add with Item 34-2 of the following content:

"34-2. Notary offices and lawyer forming carry out permanent monitoring and efficiency evaluation of internal control system taking into account the changing internal and external circumstances, and also strengthen it as required for ensuring effective work.";

r) in designation of appendix of the word "and to terrorism financing" shall be replaced with words to "financing of terrorism and financing of distribution of weapons of mass destruction".

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

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info