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Ministry of Justice

Republic of Moldova

On August 21, 2018 No. 1353

RESOLUTION OF NATIONAL BANK OF THE REPUBLIC OF MOLDOVA

of August 9, 2018 No. 201

About approval of Regulations about requirements in the field of the prevention and anti-money laundering and financing of terrorism in activities of exchange currency cashes and hotels

(as amended on 11-03-2021)

Based on part (1) the Art. 11, the item c) parts (1) Art. 27 and the item b) Art. 51 of the Law on National Bank of Moldova No. 548-XIII of July 21, 1995 (repeated publication: The official monitor of the Republic of Moldova, 2015, No. 297-300, the Art. 544), parts (3) and parts (14) the Art. 13, the item and) parts (2) Art. 15 of the Law on the prevention and anti-money laundering and financing of terrorism No. 308 of December 22, 2017 (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 exchange currency cashes and hotels, 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. 201

Regulations about requirements in the field of the prevention and anti-money laundering and financing of terrorism in activities of exchange currency cashes and hotels

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 exchange currency cashes and hotels (further - Regulations) establish rules on: to development of the internal program, application of requirements of precaution for clients, including measures of the increased precaution; to data storage; reporting on suspicious actions and transactions; to accomplishment of elements on internal control system, and also other requirements for the purpose of risk minimization connected with money laundering and financing of terrorism.

2. Subjects of these Regulations are exchange currency cashes and hotels which according to licenses of National Bank of Moldova, perform cash exchange currency transactions with physical persons.

3. When implementing exchange currency transactions by means of the foreign exchange device, exchange currency cashes and hotels provide observance of the requirements provided by the Law on currency control No. 62-XVI of March 21, 2008 and these Regulations.

4. In these Regulations the concepts and expressions determined by the Law on the prevention and anti-money laundering and financing of terrorism No. 308 of December 22, 2017, the Law on currency control No. 62-XVI of March 21, 2008 and other regulations published by National Bank of Moldova and Service according to the prevention and anti-money laundering, the preventions connected with area and anti-money laundering and terrorism financing are used.

Chapter II of the Requirement to the internal program for the prevention and anti-money laundering and financing of terrorism and risks assessment, connected with money laundering and financing of terrorism

5. The exchange currency cash and hotel develop and implement own program for the prevention and anti-money laundering and terrorism financing (further - the PBODFT Program).

6. The PBODFT program represents politicians, procedures and other rules and practicians, including rules on knowledge of the client which prevent use of exchange currency cashes and hotels for the purpose of money laundering or financing of terrorism, intentionally or not, organized criminal groups or their accomplices.

7. In case of development of the PBODFT Program exchange currency cashes and hotels will be guided by provisions of the Law on the prevention and anti-money laundering and financing of terrorism No. 308 of December 22, 2017, these Regulations and other regulations published by Service according to the prevention and anti-money laundering for implementation of the specified law. Exchange currency cashes and hotels will perform adaptation of the requirement of the PBODFT Program to specifics of the activities.

8. The PBODFT program developed by exchange currency cash and hotel shall provide, but not be limited to the following:

1) obligations of the upper manager, the compliance officer the politician and procedures to legal requirements according to the prevention and anti-money laundering and financing of terrorism according to Item 42 of these Regulations;

2) politicians and procedures for precautionary measures concerning clients;

3) politicians and procedures for the increased precautionary measures for clients and transactions with the raised risk degree, including for politically vulnerable persons;

4) procedures of development and updating of the list of persons, groups and subjects involved in terrorist activities;

5) procedures for accounting and storage of information;

6) procedures for identification and submissions of the report on suspicious activities and transactions to the upper manager and Service according to the prevention and anti-money laundering;

7) establishment of the corresponding procedures for selection of personnel and requirements in case of employment of employees for ensuring its professionalism;

8) implementation of substantive audit on testing of compliance of exchange currency cash and hotel to politicians, procedures, internal checks in the field of the prevention and anti-money laundering and terrorism financing.

9. The exchange currency cash and hotel review (update), every time, when necessary, the PBODFT program, but once a year suffices, considering legislation provisions.

10. The exchange currency cash and hotel store one copy of the PBODFT developed Program in exchange currency cash (its branch) and/or exchange currency point of hotel.

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