THE RESOLUTION OF THE AGENCY ON MANAGEMENT OF THE STATE ASSETS OF THE REPUBLIC OF UZBEKISTAN, DEPARTMENT ON FIGHT AGAINST ECONOMIC CRIMES UNDER THE PROSECUTOR GENERAL'S OFFICE OF THE REPUBLIC OF UZBEKISTAN

of February 25, 2023 No. 01/11-14/21, 24 of February, 2023 No. 6

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 the realtor organizations

According to the Presidential decree of the Republic of Uzbekistan of June 28, 2021 the Agency on management of the state assets of the Republic of Uzbekistan and Department on fight against economic crimes under the Prosecutor General's Office of the Republic of Uzbekistan decide No. UP-6252 "About Approval of the Strategy of Development for National System of the Republic of Uzbekistan on Counteraction of Legalization of the Income Received from Criminal Activities, 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 the realtor organizations, No. No. 01/19-18/04, 27 approved by the resolution of the State committee of the Republic of Uzbekistan on management of state-owned property and Department on fight against tax, currency offenses and legalization of the criminal income under the Prosecutor General's Office of the Republic of Uzbekistan from August 8, 2011 (рег. No. 2257 of August 24, 2011) (Collection of the legislation of the Republic of Uzbekistan, 2011, Art. No. 34-35, 357), according to appendix.

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

Appendix

to the Resolution of the Agency on management of the state assets of the Republic of Uzbekistan of February 25, 2023 No. 01/11-14/21 and Department on fight against economic crimes under the Prosecutor General's Office of the Republic of Uzbekistan of February 24, 2023 No. 6

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 the realtor organizations

1. Add Item 1 with paragraphs 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;";

"foreign structure without formation of legal entity - the organizational structure created according to the legislation of foreign state without formation of legal entity and having the right to perform the activities directed to commercialization (profits) for the benefit of the participants (unitholders, principals or other persons) or other beneficiaries (funds, partnership, partnerships, trusts, other forms of implementation of collective investments and (or) trust management).".

2. Add Item 14-2 with the paragraph of the following content:

"If taking measures to proper check of the client concerning the existing client on whom there are reasonable suspicions of his participation in legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of weapons of mass destruction can lead to the fact that the client will be informed on acceptance concerning it of measures for proper check of the client, the direction of the message on suspicious transaction in specially authorized state body without taking measures to proper check of the client is allowed.".

3. Add with Item 14-3 of the following content:

"14-3. The realtor organizations can trust results of the proper inspection of the client which is carried out by the third parties on the measures of proper check of clients specified in paragraphs the second - the fourth Item 142 of these rules. In such cases final responsibility on proper check of clients is born by the realtor organizations. At the same time the realtor organizations 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 the above-stated requirements of this Item, the realtor organizations shall take independently measures for proper check of clients.".

4. Add with Item 17-1 of the following content:

"17-1. Identification of the client - the legal entity and the beneficial owner of the client is performed by the realtor organization on the basis of information provided by appendix to these rules.

The result of identification is brought in the separate magazine by the responsible with indication of surname, name and middle name.".

5. The fifth Item 18 to state the paragraph in the following edition:

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

6. State Item 20 in the following edition:

"20. The realtor organizations refuse to clients making of transactions in case:

impossibility of application of measures for proper check of the client;

the impossibility of completion of identification or data acquisition by results of proper check of the client specifying inexpediency of establishment with it business relations;

provisions of obviously doubtful documents or non-presentation of the documents requested according to the legislation;

in other cases, stipulated by the legislation.

In case of refusal the realtor organizations shall send to clients the message to specially authorized state body".

7. The paragraph one of Item 25 to state in the following edition:

"25. The message on suspicious transaction is transferred by the realtor organization to specially authorized state body no later than one working day from the moment of identification of suspicious transaction, according to requirements of the Regulations on procedure for provision of information connected with counteraction of legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of the weapon mass approved by the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of June 29, 2021 No. 402.".

8. Item 28 after the words "including business correspondence" to add with the words "results of any carried-out analysis".

9. Add with Item 31-2 of the following content:

"31-2. The requirements established by these rules to legal entities are applied to foreign structures without formation of legal entity.".

10. 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 the realtor organizations

"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 the realtor organizations

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) of the client 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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