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Ministry of Justice

Republic of Moldova

On August 21, 2018 No. 1355

RESOLUTION OF NATIONAL BANK OF THE REPUBLIC OF MOLDOVA

of August 9, 2018 No. 202

About approval of Regulations about requirements in the field of the prevention and anti-money laundering and financing of terrorism in activities of non-bank payment service providers

(as amended on 11-03-2021)

Based on the item m) parts (1) the Art. 5, parts (1) Art. 11 and the item c) parts (1) Art. 27 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), parts (2) Art. 5 and the item b) parts (2) Art. 93 and Art. 94 of the Law No. 114 of May 18, 2012 on payment services and electronic money and part (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, 2012, Art. No. 58-66, 133) DECIDES: Executive committee of National Bank of Moldova

1. Approve Regulations about requirements in the field of the prevention and anti-money laundering and by financing of terrorism in activities of non-bank payment service providers it (is applied).

2. This resolution becomes effective from the date 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. 202

Regulations about requirements in the field of the prevention and anti-money laundering and financing of terrorism in activities of non-bank payment service providers

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 non-bank payment service providers (further - Regulations) establish rules on: to identification and risks assessment on money laundering and financing of terrorism; to development of domestic policy and procedures; to application of precautionary measures concerning clients, that number of measures of the simplified and increased precaution; to data storage; to informing on suspicious transactions and suspicious activities; to implementation of the financial sanctions connected with terrorist activities and prevention of distribution of weapons of mass destruction; to the organization and accomplishment of elements for internal control system, and also other requirements for the purpose of risk minimization connected with money laundering and financing of terrorism.

2. The non-bank payment service provider (further - the Supplier) applies provisions of these Regulations in business relations with the clients and agents and when implementing transactions (payments) as directly, and through agents.

3. The concepts and expressions used in these Regulations have the values provided in 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 payment services and electronic money, the Law No. 548 of July 21, 1995 on National Bank of Moldova and also in other regulations of National Bank of Moldova and Service according to the prevention and anti-money laundering connected with money laundering and financing of terrorism.

Chapter II Responsibility

4. The supplier shall have and apply internal programs for the prevention and anti-money laundering and terrorism financing.

5. The supplier shall have internal control systems for identification, assessment, control and understanding of risks of money laundering and financing of terrorism. The supplier undertakes necessary measures with attraction of sufficient resources for minimization of the identified risks.

6. The supplier bears responsibility for development, approval and ensuring implementation of the internal program for the prevention and anti-money laundering and financing of terrorism and activities compliance to requirements of the legislation in the field of the prevention and anti-money laundering and terrorism financing.

7. The division of internal audit of the Supplier or the organization of external audit / the auditor carry out independent assessment at least once a year on adequacy and compliance of activities of the supplier to programs for the prevention and anti-money laundering and terrorism financing. Results of assessment are told the responsible head of the supplier, and on demand, and to National Bank of Moldova.

Chapter III of the Requirement to the internal program for the prevention and anti-money laundering and terrorism financing

8. The internal program for the prevention and anti-money laundering and financing of terrorism represents politicians, procedures and other rules, including rules of knowledge of the client supporting regulations of ethics and professionalism in the market of payment services and which prevent use of suppliers for the purpose of money laundering or financing of terrorism is intentional or not, organized criminal groups or their accomplices. This program shall provide implementation of payment transactions reliably and with discretion.

9. The supplier develops the internal program for the prevention and anti-money laundering and financing of terrorism according to Law No. 308 provisions of December 22, 2017 on the prevention and anti-money laundering and financing of terrorism, these regulations, other regulations of Service according to the prevention and anti-money laundering, approved for execution of this law, taking into account the commonly accepted practice in the field, including documents of Basel committee and Group of development of financial measures of anti-money laundering (FATF).

10. In case of development of the internal program the size, complexity, nature and amount of activities of the supplier, types (categories) of clients, degree (level) of the risk connected with various clients or their categories, and the transactions performed by them, the agencies and branches by means of which perform the activities are considered.

11. The internal program for the prevention and anti-money laundering and financing of terrorism provides, but are not limited to the following:

1) the obligations of the responsible head of the supplier containing at least:

a) knowledge of criteria (indicators) of clients with the raised risk degree;

b) approval of transactions of the essential sizes of clients with the raised risk degree;

c) determination of the fields of activity of the supplier subject to risk of money laundering and financing of terrorism. The fields of activity subject to risk of money laundering and financing of terrorism, can be that are connected with: the provided products and services, transactions performed directly or by means of payment agents, opened by payment accounts, etc.;

d) elimination of the identified shortcomings of area of the prevention and anti-money laundering and terrorism financing, including the reporting of suspicious transactions to Service according to the prevention and anti-money laundering;

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