THE ORDER OF THE HEAD OF THE DEPARTMENT OF FIGHT AGAINST ECONOMIC CRIMES UNDER THE PROSECUTOR GENERAL'S OFFICE OF THE REPUBLIC OF UZBEKISTAN

of December 22, 2022 No. 41

About entering of amendments and changes into Rules of internal control on counteraction of legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of weapons of mass destruction for persons performing transactions with precious metals and gemstones

According to the Law of the Republic of Uzbekistan "About counteraction of legalization of the income received from criminal activities" and the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of March 6, 2020 No. 129 "About measures for implementation of system of registration and issue of identification ID cards in the Republic of Uzbekistan" I order to financing of terrorism and financing of distribution of weapons of mass destruction:

1. Make additions and changes to Rules of internal control on counteraction of legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of weapons of mass destruction for persons performing the transactions with precious metals and gemstones approved by the order of the head of the department of fight against tax, currency offenses and legalization of the criminal income under the Prosecutor General's Office of the Republic of Uzbekistan from October 13, 2009 No. 36 (рег. No. 2034 of November 3, 2009) (Collection of the legislation of the Republic of Uzbekistan, 2009, No. 45, the Art. 492) according to appendix.

2. This order is approved with the State assay chamber under the Ministry of Finance of the Republic of Uzbekistan.

3. This order becomes effective from the date of its official publication.

Appendix

to the Order of the head of the department of fight against economic crimes under the Prosecutor General's Office of the Republic of Uzbekistan of December 22, 2022 No. 41

Amendments and changes made to Rules of internal control on counteraction of legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of weapons of mass destruction for persons performing transactions with precious metals and gemstones

1. Add Item 1 with the paragraph of the following content:

"the third party - the organizations performing the transactions with money or other property specified in article 12 of the Law of the Republic of Uzbekistan "About counteraction of legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of weapons of mass destruction".

2. Add with Item 11-2 of the following content:

"11-2. Persons performing transactions with precious metals and gemstones can trust results of the inspection which is carried out by the third parties on the measures of proper check of clients specified in paragraphs the second - the fourth Item 11-1 of these rules. In such cases final responsibility on proper check of clients is born by persons performing transactions with precious metals and gemstones. At the same time persons performing transactions with precious metals and gemstones shall make sure:

in opportunity at the request of immediate receipt of copies of identification data and other relevant documents on proper check of clients;

that the third party is guided by these rules.

In case of non-compliance with one of requirements, the provided in paragraphs three and the fourth this Item, persons performing transactions with precious metals and gemstones shall take independently measures for proper check of clients.".

3. Add with Item 11-3 of the following content:

"11-3. Identification of the client - the legal entity and his beneficial owner is performed by persons performing transactions with precious metals and gemstones on the basis of information provided in appendix to these rules.".

4. In Item 13 of the word "the passport or the document equated to it" shall be replaced with words "the passport or the identification ID card or replacing their document".

5. The fifth Item 15 to state the paragraph in the following edition:

"The data received as a result of proper check and identification of clients shall be updated proceeding from the importance and risks, and in the presence of changes in data of the client at least once a year.".

6. Item 25 after words "business correspondence" to add with words ", results of any carried-out analysis".

7. Add with appendix in edition, according to appendix to these amendments and changes.

Appendix

to Amendments and changes made to Rules of internal control on counteraction of legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of weapons of mass destruction for persons performing transactions with precious metals and gemstones

"Appendix

to Rules of internal control on counteraction of legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of weapons of mass destruction for persons performing transactions with precious metals and gemstones

Information necessary in case of identification of the client - the legal entity and his beneficial owner

1. The complete, and also abbreviated name if it is specified in the certificate on state registration.

2. Information on state registration: date, number, name of registering body.

3. Identification taxpayer number.

4. Location (postal address).

5. Other data specified in the certificate on state registration.

6. Information on the available licenses and documents of allowing nature (number and date of issue by whom it is issued, effective period) or confirmation about adoption of the notification (number and date of issue by whom it is issued).

7. Data on identification of the physical person acting on behalf of the client.

8. Information on founders (shareholders, participants) and about their equities in authorized fund (capital).

9. Information on size of the registered and paid authorized fund (capital).

10. Information on governing bodies of the client (structure and staff of governing bodies of the legal entity).

11. Contact information (phone number, e-mail address, website (in the presence).".

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