THE RESOLUTION OF COMMITTEE ON DEVELOPMENT OF THE COMPETITION AND CONSUMER PROTECTION OF THE REPUBLIC OF UZBEKISTAN, DEPARTMENT ON FIGHT AGAINST ECONOMIC CRIMES UNDER THE PROSECUTOR GENERAL'S OFFICE OF THE REPUBLIC OF UZBEKISTAN

of April 10, 2023 No. 03/15-05/01, 6 of April, 2023 No. 16

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 members of the exchanges

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" Committee on development of the competition and consumer protection 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 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 members of the exchanges, No. No. 01/19-18/24, 43 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 October 13, 2009 (рег. No. 2038 of November 6, 2009) (Collection of the legislation of the Republic of Uzbekistan, 2009, No. 46, the Art. 501), according to appendix.

2. This resolution is approved with the Uzbek Republican commodity and raw exchange and the Republican universal agro-industrial exchange.

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

Appendix

to the Resolution of Committee on development of the competition and consumer protection of the Republic of Uzbekistan of April 10, 2023 No. 03/15-05/01 and Department on fight against economic crimes under the Prosecutor General's Office of the Republic of Uzbekistan of April 6, 2023 No. 16

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 members of the exchanges

1. In Item 6:

add with paragraphs the ninth - the eleventh the following content:

"measures for non-admission of abuse of technological achievements for the purpose of legalization of income gained from criminal activities, financing of terrorism and (or) financing of distribution of weapons of mass destruction;

qualification requirements and procedures for employee screening;

qualification requirements to preparation and personnel training;";

the ninth - the twelfth to consider paragraphs respectively paragraphs the twelfth - the fifteenth.

2. Add with Item 6-1 of the following content:

"6-1. In case one or several organizations performing transactions with money or other property are under control or considerable influence of the exchange and members of the exchange internal regulations shall be developed based on group approach and include:

rules and procedures of data exchange, the necessary for risk management, connected with legalization income gained from criminal activities, financing of terrorism and (or) financing of distribution of weapons of mass destruction, and proper check of clients;

providing at the level of group комплаенс control, audit and (or) functions on counteraction of legalization of income gained from criminal activities, to financing of terrorism and (or) financing of distribution of weapons of mass destruction, obtaining in the cases necessary for the purposes of counteraction of legalization of income gained from criminal activities, to financing of terrorism and (or) financing of distribution of weapons of mass destruction, data from branches and affiliated enterprises about their clients, accounts and transactions;

protection of confidentiality and use of data at the sufficient level.".

3. The paragraph one of Item 8-1 after the words "shall identify" to add with the words "and to study goodwill".

4. To add Item 9 after the words "it is appointed the order of the head" with the words "and directly submits to the head".

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

"9-2. The following persons cannot be appointed to position of the responsible person:

the malmanagements of entrusted division or dishonest business management which showed in the activities and personal behavior;

persons, earlier brought by court to trial for crimes in the field of economy, against procedure for management, the crimes connected with legalization of income gained from criminal activities and terrorism financing.".

6. The paragraph one of Item 14 after the words "advanced training" to add with words "all employees, including".

7. Add with Item 15-1 of the following content:

"15-1. Each member of the exchange based on the legislation and these rules shall develop, approve and enact the provision determining tasks, the rights and responsibility of the responsible person.

The specified provision shall contain the following requirements imposed to the responsible person:

its purposes and task;

methods of ensuring its independence of other divisions;

its relations with management, including with beneficial owners;

the right to obtain information necessary for realization of the functions, and also obligation of employees of members of the exchanges concerning provision of this information;

the right to carry out studying of violations of requirements of the legislation and internal documents;

the right to freely express and open the received data to the head;

obligation submit the corresponding report to the head;

obligation informing head on changes in this area;

qualification requirements and procedures for employee screening;

obligation of regular training on specialization courses on advanced training.".

8. To state the paragraph of the eighth of Item 32 in the following edition:

"Members of the exchange resume carrying out the suspended transaction and provides access to the refrigerated money and other property 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. 3327 of October 19, 2021).".

9. State Item 40-1 in the following edition:

"40-1. Monitoring of system effectiveness of internal control of the member of the exchange is performed by service of internal audit or external audit.".

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