LAW OF THE REPUBLIC OF TAJIKISTAN

of February 24, 2017 No. 1404

About modification and amendments in the Law of the Republic of Tajikistan "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing

Accepted by the Resolution MH MOPT of December 21, 2016, No. 668

Approved by the Resolution MM MORT of February 16, 2017, No. 345

Article 1. Bring in the Law of the Republic of Tajikistan of March 25, 2011 "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (Akhbori of Majlisi Oli of the Republic of Tajikistan, 2011, No. 3, Art. 152; 2013, No. 6, Art. 405, Art. 406; 2014, No. 7, h 1, Art. 397) following changes and amendments:

1. In the name and preamble of the Law, paragraphs the fifth, eighth and tenth Articles 1, to Article 2, the name, part 1 and Item 3) of part of 1 Article 5, Item 3) of part 5 and parts 6 of Article 6, speak rapidly 2 Articles 7, parts 1 and 3 of Article 8, the name of Chapters 2, 3 and 4, to Article 11, parts 1 and 5 of Article 12, Items 2), parts 1, Item 1) parts 2 Articles 13, parts 1 and 2 of Article 14, the text of Article 141, parts 1 and 2 of Article 16 of the word "And to TERRORISM FINANCING", "And TERRORISM FINANCINGS", "and to terrorism financing", "and terrorism financings", "and terrorism financing", "or terrorism financing", "or terrorism financings", "or with terrorism financing" and "or terrorism financing" respectively shall be replaced with words 3), 4) and 6) to "FINANCING of TERRORISM AND FINANCING of DISTRIBUTION of WEAPONS OF MASS DESTRUCTION", "FINANCINGS of TERRORISM AND FINANCING of DISTRIBUTION of WEAPONS OF MASS DESTRUCTION", to "financing of terrorism and financing of distribution of weapons of mass destruction", "financings of terrorism and financing of distribution of weapons of mass destruction", "financing of terrorism and financing of distribution of weapons of mass destruction", "or financing of terrorism and financing of distribution of weapons of mass destruction", "or with financing of terrorism and financing of distribution of weapons of mass destruction" and "or financing of terrorism and financing of distribution of weapons of mass destruction".

2. In Article 1:

- paragraphs two, the fourth, eleventh and twelfth to state in the following edition:

"-legalization (washing) of income gained in the criminal way - making of financial transactions or other transactions with money, securities or other property if it is obviously known that such property represents income gained in the criminal way for the purpose of concealment or concealment of source of receipt of this property or for the purpose of assistance to person participating in making of the main crime it could avoid the responsibility for the acts, and also concealment or concealment of authentic nature, the location, method of the order, movement, the rights to property or its accessory, and also acquisition, ownership, use of such property or the order it;";

"-terrorism financing - direct or mediocre provision or implementation of fund raising, for the purpose of their complete or partial use or when understanding that they will be used by the certain terrorist or terrorist group (organization), or for the purpose of financial provision of the certain terrorist or terrorist group (organization) or for the organization, preparation and making of the crimes provided by Articles 179, 179(1), 179(3), 181, of 182, of 184, 184(1), 184(2), 184(3), 184(4), 185, of 193, of 194, 194(1), 194(2), 194(3), 194(4), 194(5), 310 and 402 of the Criminal Code of the Republic of Tajikistan, and is equal if such means actually were not used for making of the listed crimes, and also financing of the certain terrorist or terrorist group (organization), even if it is not connected with specific act of terrorism (acts);";

"-authority politically significant figures are persons to whom considerable state functions in the Republic of Tajikistan (national politically significant persons) or in other country (foreign politically significant persons - the head of states are provided or the governments, the high-ranking politicians, the high-ranking figures of the government, courts, armed forces, law enforcement and fiscal agencies, heads of the state companies, and also heads and figures of political parties and religious associations to which important functions by the international organization are entrusted), including persons performing activities in these positions and their close relatives;

- the beneficial owner (beneficiary) - one or several physical persons which finally directly or indirectly has property (has more than 25 percent of the prevailing equity participation of the client or from total number of shares of the client with voting power) or really controls the client and/or person in whose interests transaction/transaction, also persons controlling the legal entity is made;";

- in the paragraph the fifteenth to replace sign of point with sign of semicolon ";";

- add with paragraphs the sixteenth, the seventeenth, the eighteenth, the nineteenth, the twentieth, twenty first and twenty second the following content:

"-the client - the physical person or legal entity which is on servicing of the organization performing transactions with money or other property and also the other person performing the obligations entrusted it according to powers;

- risk - set of threats, vulnerabilities and approaches of effects for the organizations performing transactions with money or other property for the purpose of use in legalization (washing) of income gained in the criminal way, financing of terrorism and financing of distribution of weapons of mass destruction by provision of services by it according to nature of their activities;

- freezing of money, securities or other property - imposing of prohibition on implementation of transfer, conversion, the order and other transactions with money, securities or other property belonging to the client, included in the list of the organizations and physical persons concerning which there are sufficient data on their participation in terrorist activities, including financing of terrorism and to financing of distribution of weapons of mass destruction by the organizations performing transactions with money or other property;

- risk management - the actions provided by the organizations performing transactions with money or other property for creation and ensuring functioning of risk management system, in particular, determination (identification), assessment (measurement), monitoring, risk control for the purpose of their reduction;

- the international sanctions - the sanctions recognized by the Republic of Tajikistan according to international treaties;

- identification of the client - obtaining by the organization performing transactions with money or other property, identification data at the client (the client's representative);

- financing of distribution of weapons of mass destruction of action for provision, collection or use of any assets for distribution of weapons of mass destruction for which making the international sanctions are provided.".

3. In Article 4:

- in the text of Article of the word "The Organizations Performing" shall be replaced with words "The organizations performing"; - 12) to state Item in the following edition:

"12) foreign exchange offices of credit institutions;".

4. In Article 5:

- in part 2:

- from Item 4) words", including information, available at the time of carrying out transaction, on source of means of the client" to exclude;

- in Item 7) to replace sign of point with sign of semicolon ";";

- add with Item 8) of the following content:

"8) identification of the client and studying of financial activities are performed in case of suspicion that financial transaction can be connected with legalization (washing) of income gained in the criminal way, or financing of terrorism and financing of distribution of weapons of mass destruction and also when carrying out one-time financial transaction with clients on the amount, the equal amount determined regarding 1 article 6 of this Law, or exceeding it;".

6. In Article 6:

- in part 1:

- 2) after the word and figures "Items 3-17" to add Item with the word and figures "and 20";

- in Item 3) to replace sign of point with sign of semicolon ";";

- add with Item 4) of the following content:

 "4) for the transactions provided in Item 21) of part 2 of this Article in the amount equal to 80 indicators for calculations or exceeding this amount or the equal foreign currency amount equivalent to 80 indicators for calculations or Exceeding it.";

- in part 2:

- in Item 19) to replace sign of point with sign of semicolon ";";

- add with Items 20) and 21) of the following content:

"20) money transfers without opening of bank accounts;

21) electronic money transfers.".

7. In Article 7:

- parts 1:

- in Item 3) to replace sign of point with sign of semicolon ";";

- add with Items 4), 5), 6), 7) and 8) of the following content:

"4) without delay to inform authorized body on implementation of any suspicious transaction / transaction by the clients (attempt of carrying out the suspicious transaction / transaction) in accordance with the established procedure;

5) to apply measures for suspension, freezing and defrosting of the money or other properties belonging to the organization or physical person concerning which there are good causes about their participation in terrorist activities, including financing of terrorism and financing of distribution of weapons of mass destruction;

6) to take necessary measures for identification, assessment, control and decrease in the risks of legalization (washing) of income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction (as the client, to geographical arrangement of country of incorporation of the client or organization by means of which it performs transfer (obtaining) of assets, goods and services;

7) to take adequate measures in case of identification of risks on their control and decrease;

8) to use all necessary information means, and also international and acknowledged databases, including the information means providing carrying out financial transactions without direct contact with the client with risk management objective in case of establishment of business relations with the client.";

- in part 2:

- add with Item 5 of the following content:

"5) preparation and retraining of personnel concerning counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction at least once each two years;";

- in Item 5) to replace sign of point with sign of semicolon ";" and to consider it Item 6);

- add with Item 7) of the following content:

"7) requirements imposed to the responsible person (комплаенс the officer) and to persons, it replacement, responsible for observance of rules of internal control in the field of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction on identification, risks assessment and mechanisms of their decrease.";

- part 3 after words of "officials" to add with the words "or persons, the acting as the ranking officer in case of its absence", words "the solution of management" shall be replaced with words "the solution of management of Board, the Board of directors (Supervisory board) (according to form of business)";

- add part 7 with the second offer of the following content:

"Credit institutions are forbidden to conclude bank account agreement (contribution) with physical person or legal entity if the data obtained according to this Law are specified reasonable suspicion about involvement of this physical person or legal entity, or any expected beneficial owner in legalization (washing) of income gained in the criminal way, financing of terrorism or financing of distribution of weapons of mass destruction.".

8. In Article 8:

- 3) to state Item to part 1 in the following edition:

"3) notaries, public associations, the arrived voluntary and charitable contributions, grants, property from foreign states, foreign legal entities, the legal entities founded with participation of foreign subjects, the international organizations and international social movements and also by means of other physical persons and legal entities, are subject to registration by registering bodies in the Register of the humanitarian assistance to public associations of the Republic of Tajikistan - the Ministry of Justice of the Republic of Tajikistan;";

- to add part 2 after the words "authorized body of information" with the words "and reports".

9. Add Article 9 with part 8 of the following content:

"8. According to the decision (determination) of court (judge) to the organizations performing transactions with money or other property, transactions according to bank accounts (deposits) and also other transactions with money or other property of the organizations or persons concerning whom are available received in the procedure for the data on their participation in extremist activities or terrorism established by the legislation of the Republic of Tajikistan or the legal entities who directly or indirectly are in property or under control of such organizations or persons, or the physical persons or legal entities acting on behalf or on specifying of such organizations or persons implementation of similar transactions and transactions before cancellation of such decision (determination) according to the legislation of the Republic of Tajikistan stops.".

10. "Foreign" and "foreign" to exclude from Article 10 of the word.

11. Add Article 12 with part 8 of the following content:

"8. The authorized body together with supervisory authorities and/or independently performs the organizations performing transactions with money or other property for the purpose of identification of violations of the law of the Republic of Tajikistan in the field of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction.".

12. In Article 13:

- in part 1:

- in Item 6) to replace sign of point with sign of semicolon ";";

- add with Item 7) of the following content:

"7) at the request of law enforcement agencies and/or independently in the presence of good causes, that suspicious transactions or transactions are connected with legalization (washing) of income gained in the criminal way, financing of terrorism and financing of distribution of weapons of mass destruction to provide information in law enforcement agencies according to their powers.";

- in part 2:

- in Item 3) to replace sign of point with sign of semicolon ";";

- add with Item 4) of the following content:

4) to conduct statistical data based on information obtained from the relevant state bodies and law enforcement agencies on the questions relating to system effectiveness of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction.".

13. In Article 14:

- in Item 3) speak rapidly 1 sign of point to replace with sign of semicolon - part 1 to add with Item 4) of the following content:

"4) to provide information on the results which are carried out checks, inquiries and investigations of the replies to the requests which are rather received from authorized body in authorized body.".

14. To state the text of Article 15 in the following edition:

"The authorized body and other state bodies functioning in the field of counteraction of legalization (washing) of income gained in the criminal way to financing of terrorism and distribution of weapons of mass destruction send to competent authorities of foreign states inquiries for submission of necessary information and give the replies to the requests made by the specified competent authorities, according to the procedure, stipulated by the legislation the Republic of Tajikistan and international treaties of the Republic of Tajikistan or on the basis of the principle of reciprocity.".

Article 2. Enact this Law after its official publication.

 

 

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