THE ORDER OF THE ACTING AS THE HEAD OF THE DEPARTMENT OF FIGHT AGAINST TAX, CURRENCY OFFENCES AND LEGALIZATION OF THE CRIMINAL INCOME UNDER THE PROSECUTOR GENERAL'S OFFICE OF THE REPUBLIC OF UZBEKISTAN

of September 11, 2014 No. 20

About modification and amendments in Rules of internal control on counteraction of legalization of income gained from criminal activities and financing of terrorism for persons performing transactions with precious metals and gemstones

According to article 6 of the Law of the Republic of Uzbekistan "About counteraction of legalization of the income received from criminal activities and to terrorism financing" (Collection of the legislation of the Republic of Uzbekistan, 2004, No. 43, the Art. 451) and the Resolution of the President of the Republic of Uzbekistan of April 21, 2006 No. PP-331 "About measures for strengthening of fight against crimes in the financial and economic, tax sphere, with legalization of the criminal income" (Collection of the legislation of the Republic of Uzbekistan, 2006, 18, of the Art. 147) I order to No.:

1. Make changes and additions to Rules of internal control on counteraction of legalization of income gained from criminal activities and financing of terrorism 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 becomes effective from the date of its official publication.

Appendix

to the Order of the acting as 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 September 11, 2014 No. 20

Changes and additions made to Rules of internal control on counteraction of legalization of income gained from criminal activities and financing of terrorism for persons performing transactions with precious metals and gemstones

1. In Item 1:

add with the paragraph the fourth the following content:

"the states which are not participating in international cooperation in the field of counteraction of legalization of income gained from criminal activities and to terrorism financing - 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 and to financing of terrorism has strategic shortcomings;";

the fourth - the twelfth to consider paragraphs respectively paragraphs the fifth - the thirteenth;

add with the paragraph the thirteenth the following content:

"risk - risk of making by clients of transactions for the purpose of legalization of income gained from criminal activities, or terrorism financing";

the thirteenth to consider the paragraph the paragraph the fourteenth.

2. In Item 2:

add with the paragraph the second the following content:

"determination and risks assessment in the field of activities of persons performing transactions with precious metals and gemstones and also measures for their decrease";

paragraphs two, the third and fourth to consider respectively paragraphs the third, fourth and fifth.

3. In Item 3:

add with the paragraph the second the following content:

"acceptance of adequate measures on identification, assessment and decrease in risks within activities of persons performing transactions with precious metals and gemstones";

paragraphs two - to consider the ninth respectively paragraphs third - the tenth.

4. The paragraph one of item 4 to state in the following edition:

"For the purpose of the organization of counteraction of legalization of income gained from criminal activities, and to financing of terrorism by persons performing transactions with precious metals and gemstones the order of the head person responsible for observance of these rules is designated (further - the responsible person)."

5. Add Item 7 with the paragraph of the following content:

"performs monitoring on the organization of internal control system and remedial action, revealed in activities of person performing transactions with precious metals and gemstones during conducting checks by Department.";

6. In Item 9:

add with the paragraph the second the following content:

"take adequate measures on identification and assessment of the risks of legalization of income gained from criminal activities, and terrorism financing documentary to fix these risks and to take measures for their decrease;";

paragraphs two - to consider the tenth respectively paragraphs third - the eleventh.

7. In Item 11:

add with the paragraph the fourth the following content:

"implementation of one-time transactions which amount exceeds the 300-fold size of minimum wage;";

to consider paragraphs of the fourth, fifth and sixth respectively paragraphs the fifth, sixth and seventh;

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

"Measures of proper inspection of clients shall be carried out as concerning the buyer, and the seller of precious metals and gemstones, and also concerning already existing clients.".

8. Add with Items 17-1 and 17-2 of the following content:

"17-1. Persons performing transactions with precious metals and gemstones shall take the strengthened measures of proper check if one of the parties of transaction is the person who is 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, and to terrorism financing, or in offshore zone, and also referred to category of high risk.

17-2. The strengthened measures for proper check of the client include:

receipt of the additional information about the client (kind of activity, the size of assets, information available through open databases, etc.) and more frequent updating of data on the client and the beneficial owner;

obtaining from the client of information on sources of its money or sources of financial condition;

receipt of information on the reasons of the planned or performed operations;

carrying out the strengthened monitoring of business relations, by increase in quantity and frequency of checks and detection of nature of transactions (transactions) which require additional check.".

9. Add with Chapter III-1 of the following content:

"III-1. Determination and assessment of risk level

17-3. Person performing transactions with precious metals and gemstones shall take measures for determination, assessment and decrease in risk level of making by clients of transactions for the purpose of legalization of income gained from criminal activities, or terrorism financing (further - risk level).

Risk level is determined and estimated by the responsible person annually based on information provided by the client taking into account the transaction types made by the client, the criteria determined by these rules and results of proper check of the client and other necessary data.

Results of risks assessment shall be drawn up in writing and be represented to Department.

17-4. Person performing transactions with precious metals and gemstones shall refer the clients answering to initially following criteria to category of high risk level and to show concerning them special attention:

persons concerning whom there are data on their participation in terrorist activities or stay under control of the persons who are engaged in terrorist activities, or directly or indirectly being the owner or controlling the organization performing or suspected of implementation of terrorist activities;

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 and to terrorism financing or in offshore zone;

nonresidents;

the organizations and individual entrepreneurs whose actual location does not correspond to the data specified in constituent or registration documents;

the organizations which real owner is person specified in paragraphs second and third this Item;

the clients performing suspicious transactions on systematic basis (more than two times within three months in a row);

other persons whose financial transactions cause reasonable suspicions of the responsible person.

17-5. In process of change of nature of the operations performed by the client person performing transactions with precious metals and gemstones if necessary shall review risk level of work with it.

Person performing transactions with precious metals and gemstones shall pay special attention to all difficult, unusually large transactions, and also all unusual schemes of making of transactions which do not have the explicit economic or visible legal target.

Information on results of the performed measures shall be provided to management of person performing transactions with precious metals and gemstones.

17-6. Person performing transactions with precious metals and gemstones shall take measures for non-admission of use of technological achievements for the purpose of legalization of income gained from criminal activities, and terrorism financing. For this purpose person performing transactions with precious metals and gemstones shall determine and estimate risk levels which can arise in communication:

with development of new types of service and new business practice;

with use of the new or developing technologies both for new, and for already existing types of service.

Such risk assessment shall be carried out before start of new types of service, business practice or use of the new or developing technologies.

Person performing transactions with precious metals and gemstones shall take adequate measures for monitoring and decrease in these risks.".

10. In paragraphs the second - the seventh Item 18 to replace figure "1000" with figure "300";

11. Add with Item 20-1 of the following content:

"20-1. Also transactions are subject to the message in Department if one of its parties is the person who is 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 and to terrorism financing.".

12. Add with Items 26-1 and 26-2 of the following content:

"26-1. For the purpose of restriction of access to all documents (to correspondences with Department, including to paper and electronic copies of the transferred messages, paper and electronic questionnaires of clients, magazines, etc.) used in activities of the responsible person, such documents and their inventory shall be stored directly by this person in specially equipped room or in the fireproof and sealed safe.

26-2. Electronic document revisions shall be archived by program method, register in electronic media of information and be stored by the responsible person together with their inventory in the fireproof and sealed safe.".

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