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Ministry of Justice

Republic of Moldova

On August 21, 2018 No. 1354

RESOLUTION OF NATIONAL BANK OF THE REPUBLIC OF MOLDOVA

of August 9, 2018 No. 200

About approval of Regulations about requirements in the field of the prevention and anti-money laundering and financing of terrorism in activities of banks

(as amended on 11-03-2021)

Based on part (1) the Art. 11, the item c) parts (1) the Art. 27, and the item and) and d) Art. 44 of the Law No. 548-XIII of July 21, 1995 on National Bank of Moldova (repeated publication: The official Monitor of the Republic of Moldova, 2015, Art. No. 297-300, 544), and Art. 95 of the Law No. 202 of October 6, 2017 on activities of banks (The official monitor of the Republic of Moldova, 2017, No. 434-439, the Art. 727) and parts (3) and (14) the Art. 13, parts (2) Art. 15 of the Law No. 308 of December 22, 2017 on the prevention and anti-money laundering and terrorism financing (The official monitor of the Republic of Moldova, 2018, No. 58-66, of the Art. 133), the Executive committee of National Bank of Moldova DECIDES:

1. Approve Regulations about requirements in the field of the prevention and anti-money laundering and financing of terrorism in activities of banks, according to appendix.

2. This resolution becomes effective in day of publication in the Official monitor of the Republic of Moldova.

Chairman of Executive committee of National Bank of Moldova

Serdzhiu Chokl

Appendix

to the Resolution of Executive committee of National Bank of Moldova of August 9, 2018 No. 200

Regulations about requirements in the field of the prevention and anti-money laundering and financing of terrorism in activities of banks

These Regulations partially shift provisions of Regulations (EU) No. 2015/847 of the European Parliament and Council of May 20, 2015 about information accompanying money transfers and on the cancellation of Regulations (EU) No. 1781/2006 (the document extends to the EEA) published in the Official magazine of the European Union by L 141 of June 5, 2015.

Chapter I General provisions

1. The regulations about requirements in the field of the prevention and anti-money laundering and financing of terrorism in activities of banks (further - Regulations) establish rules on: to identification and risks assessment on money laundering and financing of terrorism; to application of precautionary measures concerning clients, including measures of the simplified and increased precaution; to informing on suspicious transactions and activities; to data storage; to implementation of the financial sanctions connected with money laundering and prevention of distribution of weapons of mass destruction; and also to the organization and accomplishment of elements on internal control system.

2. The bank and departments of banks of other states apply provisions of these Regulations in business relations with the clients and when implementing bank transactions and transactions.

3. The concepts and expressions used in these Regulations have the values provided in the Law No. 202 of October 6, 2017 on activities of banks, the Law No. 308 of December 22, 2017 on the prevention and anti-money laundering and terrorism financing, the Law No. 114 of May 18, 2012 on the payment services and electronic money, regulations of National Bank of Moldova and Service according to the prevention and anti-money laundering developed for execution of requirements for prevention and anti-money laundering and terrorism financing. Also in these Regulations the following concepts and expressions are used:

the transaction of the essential sizes - the transaction (transaction) exceeding the value limit set in domestic policy of bank taking into account the risks connected with clients and the performed transactions;

electronic means - means of the electronic equipment for processing (including digital compression), storage and data transmission with use of wires, optical radio technologies or any other electromagnetic means (for example: computer, ATM, terminal of cash payment, mobile phone, etc.);

money transfers - any performed transaction, at least partially, through electronic means on behalf of the payer by means of the payment service provider, for provision of funds to the receiver of payment by means of the payment service provider, irrespective of if the payer and the receiver of payment are or not the same person and irrespective of if the payment service provider of the payer and the payment service provider of the receiver of payment are identical, including: the credit translations, direct debiting, the money transfers and transfer made with use of payment card;

single company ID (legal entity identifier) - the alphanumeric code constituted from 20 symbols which unambiguously identifies the legal entity, established according to ISO 17442;

transfer of funds based on group card-index (batch file) - several translations of one payer to several receivers who are grouped for the translation;

the package file is the text file containing the sequence of teams for computer operating system;

correspondent accounts of the translation (payable - through accounts) - the banking service allowing clients of correspondent foreign bank direct use of correspondent accounts of bank for implementation of transactions from their name;

the international organizations - the subjects created through official political agreements between state members which have the status of international treaties and their existence it is recognized as the law in member countries and is not considered as institutional resident units of the countries in which they are (for example: United Nations Organization, Council of Europe, OSCE, etc.).

Chapter II Responsibility

4. The bank develops and applies the effective internal program for the prevention and anti-money laundering and terrorism financing.

5. The bank has adequate internal control system for identification, assessment, monitoring and understands risks of money laundering and financing of terrorism. The bank undertakes necessary measures, with attraction of sufficient resources, for minimization of the identified risks.

6. The council of the bank bears responsibility for development, approval and supervision of implementation of the program for the prevention and anti-money laundering and terrorism financing. Executive body of bank otvetstven for effective implementation of the program for the prevention and anti-money laundering and terrorism financing.

7. The bank designates persons, including from members of council of bank or executive body of bank, compliance officers of banking activity to legal requirements according to the prevention and anti-money laundering and terrorism financing.

8. The division of internal audit of bank or the organization of external audit / the auditor carries out independent assessment of adequate nature and compliance of banking activity of the program for the prevention and anti-money laundering and terrorism financing at least once a year, taking into account Item 93 of the subitem of 1). Bank, according to the solution of Council of the bank or at the request of supervisory authority, appoints the auditor company / the external auditor for assessment of adequacy and compliance of activities of bank to the Program for the prevention and anti-money laundering and financing of terrorism according to provisions of Item 93 of the subitem 1) and the criteria established at the request of National Bank of Moldova. Results of assessment are represented to Council of the bank and executive body of bank, and the bank informs on the mentioned results National Bank of Moldova according to the Instruction about procedure for creation and submission of financial statements by banks in the prudential purposes approved by the Decision of Administrative board of National Bank of Moldova No. 279 of December 1, 2011. (The official monitor of the Republic of Moldova, 2011, Art. No. 216-221, 2008), with subsequent changes and amendments.

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