ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of December 25, 2018 No. 606

About measures for implementation of the Law of the Kyrgyz Republic "About counteraction to financing of terrorist activities and to legalization (washing) of the criminal income"

For the purpose of implementation of the Law of the Kyrgyz Republic "About counteraction to financing of terrorist activities and to legalization (washing) of the criminal income", according to articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Form the Commission on questions of counteraction to financing of terrorist activities and legalization (washing) of the criminal income in structure according to appendix 1.

2. Approve:

- Regulations on the Commission on questions of counteraction to financing of terrorist activities and to legalization (washing) of the criminal income according to appendix 2;

- Regulations on procedure for conducting check of execution of the legislation of the Kyrgyz Republic in the sphere of counteraction to financing of terrorist activities and to legalization (washing) of the criminal income according to appendix 3;

- Regulations on procedure for submission of information and documents in body of financial investigation of the Kyrgyz Republic according to appendix 4;

- Regulations on order of interaction of body of financial investigation with public authorities of the Kyrgyz Republic according to appendix 5;

- Regulations on lists of physical persons and legal entities, groups and the organizations concerning which there are data on their participation in terrorist and extremist activities, distribution of weapons of mass destruction and legalization (washing) of the criminal income according to appendix 6;

- Regulations on procedure for suspension of transaction (transaction), freezing and defrosting of transaction (transaction) and (or) means, provisions of access to the refrigerated means and managements of the refrigerated means according to appendix 7;

- Regulations on the electronic database of beneficial owners of legal entities according to appendix 8;

- Regulations on the electronic database of the declared cash or negotiable instruments to bearer moved through customs border of the Eurasian Economic Union in the Kyrgyz Republic according to appendix 9;

- Regulations on procedure for application of measures (sanctions) against the high risk countries according to appendix 10;

- Regulations on general requirements to the program of internal control according to appendix 11;

- Regulations on procedure for conducting proper check of the client according to appendix 12;

- Regulations on procedure of international cooperation according to appendix 13;

- Regulations on procedure for evaluating risks of financing of terrorist activities and legalization (washing) of the criminal income according to appendix 14.

3. Recognize invalid:

- the order of the Government of the Kyrgyz Republic "About measures for implementation of the Law of the Kyrgyz Republic "About counteraction to financing of terrorism and to legalization (washing) of income gained in the criminal way" of March 5, 2010 No. 135;

- Item paragraph two 1, paragraphs two and third Item 2, Items 3 and 10 of the order of the Government of the Kyrgyz Republic "About questions of Public service of financial investigation under the Government of the Kyrgyz Republic" of May 28, 2012 No. 324;

- Item 1 of the order of the Government of the Kyrgyz Republic "About modification and amendments in some decisions of the Government of the Kyrgyz Republic" of October 12, 2012 No. 716;

- the order of the Government of the Kyrgyz Republic "About the measures for asset recovery removed in the illegal (criminal) way out of limits of the Kyrgyz Republic" of October 17, 2012 No. 721;

- Item 5 of the order of the Government of the Kyrgyz Republic "About modification of some decisions of the Government of the Kyrgyz Republic" of July 4, 2014 No. 373;

- Item 1 of the order of the Government of the Kyrgyz Republic "About modification of some decisions of the Government of the Kyrgyz Republic" of July 30, 2015 No. 543;

- item 4 of the order of the Government of the Kyrgyz Republic "About modification and amendments in some decisions of the Government of the Kyrgyz Republic" of March 3, 2016 No. 104;

- paragraphs 2-24 of Item 1 of the order of the Government of the Kyrgyz Republic "About modification and amendments in the order of the Government of the Kyrgyz Republic "About questions of Public service of financial investigation under the Government of the Kyrgyz Republic" of May 28, 2012 No. 324" of May 18, 2016 No. 264.

4. This resolution becomes effective after fifteen days from the date of official publication.

Appendix 1

Structure of the Commission on questions of counteraction to financing of terrorist activities and to legalization (washing) of the criminal income

First Deputy Chairman of the Cabinet of Ministers of the Kyrgyz Republic, commission chairman;

the chairman of Public service of financial investigation under the Ministry of Finance of the Kyrgyz Republic, the vice-chairman of the Commission.

Members of the commission:

Minister of Internal Affairs of the Kyrgyz Republic;

Minister of Foreign Affairs of the Kyrgyz Republic;

Minister of Justice of the Kyrgyz Republic;

the vice-chairman of the State committee of homeland security of the Kyrgyz Republic - the director of the Anti-terrorist center of the State committee of homeland security of the Kyrgyz Republic;

the director of the department of precious metals under the Ministry of Finance of the Kyrgyz Republic;

the chairman of the State Tax Administration under the Ministry of Finance of the Kyrgyz Republic;

the chairman of Service of regulation and supervision of the financial market under the Ministry of Economy and Trade of the Kyrgyz Republic;

the chairman of the State Customs Service under the Ministry of Finance of the Kyrgyz Republic;

the chairman of Service of execution of punishments under the Ministry of Justice of the Kyrgyz Republic;

chairman of the Border service of the State committee of homeland security of the Kyrgyz Republic;

the chairman of Service on regulation and supervision in communication industry under the Ministry of digital development of the Kyrgyz Republic;

the chairman of National Bank of the Kyrgyz Republic (in coordination).

Appendix 2

to the Order of the Government of the Kyrgyz Republic of December 25, 2018 No. 606

Regulations on the Commission on questions of counteraction to financing of terrorist activities and to legalization (washing) of the criminal income

Chapter 1. General provisions

1. The commission on questions of counteraction to financing of terrorist activities and legalization (washing) of the criminal income (further - the Commission) is coordination advisory body of the Cabinet of Ministers of the Kyrgyz Republic concerning counteraction to financing of terrorist activities and to legalization (washing) of the criminal income (further - PFTD/LPD), and also concerning counteraction to financing of extremist activities and to financing of distribution of weapons of mass destruction (further - PFED/FROMU).

2. The commission is guided in the activities by the Constitution of the Kyrgyz Republic, the laws of the Kyrgyz Republic, decrees and orders of the President of the Kyrgyz Republic, and other regulatory legal acts of the Kyrgyz Republic which came in the procedure established by the law into force international treaties which participant is the Kyrgyz Republic (further - the international agreements), and this Provision.

Chapter 2. Purpose and tasks of the Commission

3. The purpose of the Commission is increase in efficiency of the taken measures in the sphere of PFTD/LPD, and also in the sphere of PFED/FROMU.

4. Tasks of the Commission are:

1) decision making about evaluating risks of financing of terrorist activities and legalization (washing) of the criminal income (further - risks assessment), coordination of the taken measures for evaluating risks, and also decision making about approval and publication of reports on results of risks assessment;

2) the organization of work on preparation, updating, approval and monitoring of realization of the state strategy (policy) on PFTD/LPD developed on the basis of reports on results of risks assessment;

3) ensuring interaction and coordination of activities of the interested state bodies of the Kyrgyz Republic (at the political and operational levels) concerning development and implementation of actions in the sphere of PFTD/LPD and PFED/FROMU, and also exchange of information between the interested state bodies;

4) organization of preparation and consideration of suggestions for improvement of system of PFTD/LPD and PFED/FROMU;

5) the organization of preparation and consideration of projects of regulatory legal acts in the sphere of PFTD/LPD;

6) hearing of information of state bodies of the Kyrgyz Republic concerning execution of the legislation of the Kyrgyz Republic in the sphere of PFTD/LPD;

7) development of the approved line item concerning international cooperation in the sphere of PFTD/LPD.

Chapter 3. Powers of the Commission

5. For the purpose of accomplishment of the tasks the Commission is authorized:

1) to make the decisions necessary for providing the organization, coordination and interaction of the interested state bodies in the sphere of PFTD/LPD and PFED/FROMU;

To create 2), if necessary, working groups for timely preparation of information and documents within activities of the Commission, including with involvement of independent experts and consultants, and also to determine structure of task and operating procedure of these groups on representation of the interested state bodies;

3) to organize government relations, local government bodies, public associations and other organizations, including to request from them in accordance with the established procedure information and documents on the questions carried to competence of the Commission and to invite officials of these bodies, associations and the organizations (in coordination with heads) for participation in work of the Commission;

4) to hold in case of need enlarged meetings with participation of representatives of the public authorities and private sector which are not part of the Commission and also to organize special interdepartmental seminars and meetings on the questions carried to competence of the Commission;

To hear 5) at the meetings heads of public authorities of the Kyrgyz Republic and representatives of private sector on the questions carried to competence of the Commission;

6) to organize preparation of information and analytical and methodical materials for the purpose of the current monitoring of system effectiveness of PFTD/LPD and PFED/FROMU;

7) to consider offers and projects of regulatory legal acts of the Kyrgyz Republic on PFTD/LPD for further introduction in accordance with the established procedure;

8) to approve the list of the high risk countries to which measures (sanction), on the basis of the offer of body of financial investigation are applied;

9) to exercise control over the implementation of decisions of the Commission.

Chapter 4. Powers of members of the commission

6. Commission chairman:

1) performs the common directorship of activities of the Commission and bears the personal responsibility for accomplishment of the tasks assigned to the Commission;

2) approves the agenda of commission session according to the proposal of the chairman of body of financial investigation;

3) presides over commission sessions and signs decisions of the Commission;

4) approves tasks, operating procedure and structures of the working groups of the Commission on the proposal of members of the commission;

5) approves work plans of the Commission in coordination with members of the commission.

7. Members of the commission:

1) make to the commission chairman offers according to the plan of work of the Commission, to the agenda of commission session and procedure for discussion of questions on commission sessions;

2) participate in preparation of materials for commission sessions;

3) are present at commission sessions and participate in discussion of cases in point and development of decisions;

4) inform the commission chairman and the vice-chairman of the Commission in two days prior to commission session in case of impossibility to be present at commission session on reasonable excuses;

5) in case of need, in writing send to the commission chairman and body of financial investigation the opinion concerning the agenda of commission session.

8. All members of the commission perform the activities on a voluntary basis.

9. The structure of the Commission affirms the decision of the Cabinet of Ministers of the Kyrgyz Republic. The responsible secretary is appointed by the decision of the Commission from among the competent staff of body of financial investigation.

Chapter 5. Commission sessions

10. The commission performs the activities on permanent basis, according to the work plan created based on proposals of the interested members of the commission and the approved commission chairman.

11. Commission sessions are held as required at the initiative of the chairman or the vice-chairman of the Commission or one third of members of the commission.

The representatives of public authorities and private sector who are not part of the Commission take part in commission session by the invitation of the chairman or vice-chairman of the Commission.

12. Commission sessions are considered competent if at them there is at least a half of members of the commission and (or) authorized representatives of members of the commission.

In case of impossibility to be present at commission session, members of the commission shall direct the authorized representatives (not below the deputy manager of state body).

In case of need commission sessions can be held in the remote (online) mode. The procedure for carrying out commission sessions in the remote (online) mode is determined by the Commission.

13. Commission sessions are held by the commission chairman, and in its absence - the vice-chairman of the Commission.

14. Decisions of the Commission are made by open voting, the members of the commission and (or) authorized representatives of members of the commission who by a simple majority vote are present at meeting.

In case of equality of votes of members of the commission, the chairman's voice at meeting is decisive.

Chapter 6. Organization of work of the Commission

15. Functioning of the Commission is ensured by body of financial investigation which:

1) will organize preparation of commission sessions;

2) provides preparation of drafts of the work plan of the Commission, the agenda of its meetings, constitutes the list of the invited persons, will organize preparation of materials for meetings and drafts of decisions of the Commission;

3) is provided by informing members of the commission on date, the place and time of carrying out commission session and on the questions included in the agenda of commission session, in time no later than three working days about day of carrying out commission session;

4) is performed by monitoring of implementation of decisions of the Commission.

16. The structural division of Administration of the President of the Kyrgyz Republic, and also state bodies of the Kyrgyz Republic which representatives are part of the Commission render assistance to body of financial investigation in case of accomplishment of the actions specified in Item 15 of this provision.

17. When holding enlarged meetings with participation of representatives of the public authorities and private sector which are not part of the Commission, information on date, the place and time of carrying out commission session and on the questions included in the agenda of commission session is brought to the attention of relevant organs of the government and private sector, no later than three working days about day of carrying out commission session in time.

18. According to the work plan of the Commission state bodies of the Kyrgyz Republic which representatives are part of the Commission shall submit in writing information necessary for preparation of materials for commission session, no later than fifteen working days about day of carrying out commission session.

19. The decision of the Commission is drawn up by the protocol which is signed by the commission chairman or his deputy presiding over meeting and the responsible secretary of the Commission.

The special opinions expressed by members of the commission during consideration and decision making are without fail entered in the protocol or applied to the protocol.

20. Copies of protocols or minutes abstract of commission sessions no later than three working days go to members of the commission and other interested state bodies, and the organizations.

21. State bodies of the Kyrgyz Republic consider protocols of commission sessions and at the scheduled time take measures according to the competences. In case of rejection of adequate measures according to the minutes of the Commission, state bodies of the Kyrgyz Republic inform on it body of financial investigation, with indication of the non-execution reason.

Appendix 3

to the Order of the Government of the Kyrgyz Republic of December 25, 2018 No. 606

Regulations on procedure for conducting check of execution of the legislation of the Kyrgyz Republic in the sphere of counteraction to financing of terrorist activities and to legalization (washing) of the criminal income

Chapter 1. General provisions

1. This Provision determines the list of inspection bodies with indication of financial institutions and non-financial categories of persons under control to them, and also determines tasks, functions and powers (the rights and obligations) inspection bodies concerning check of execution of the legislation of the Kyrgyz Republic in the sphere of counteraction to financing of terrorist activities and to legalization (washing) of the criminal income (further - PFTD/LPD).

2. The purposes of check are:

1) ensuring compliance by financial institutions and non-financial categories of persons of requirements of the legislation of the Kyrgyz Republic in the sphere of PFTD/LPD;

2) identification and elimination of the reasons and conditions promoting violation of the law of the Kyrgyz Republic in the sphere of PFTD/LPD.

3. In this Provision the following concepts and terms are used:

1) body of financial investigation - authorized state body of the Kyrgyz Republic in the sphere of counteraction to financing of terrorist activities and to legalization (washing) of the criminal income;

2) under control persons - the financial institutions and non-financial categories of persons which are under control (supervision) of the relevant inspection body;

3) inspection bodies - the state bodies of the Kyrgyz Republic performing check of activities of the corresponding under control persons concerning execution of the legislation of the Kyrgyz Republic in the sphere of PFTD/LPD;

4) risk - risk of financing of terrorist activities and legalization (washing) of the criminal income;

5) self-regulatory organization - the non-profit organization created for the purpose of self-regulation of business activity, uniting subjects of business activity on the basis of unity of industry or the market of the made goods (works, services) or uniting subjects of one type of professional activity;

6) the sanctions list - the list of physical persons and legal entities, groups and the organizations concerning which there are data on their participation in terrorist or extremist activities and distribution of weapons of mass destruction;

7) financial institutions and non-financial categories of persons - the physical persons and legal entities specified in article 5 of the Law of the Kyrgyz Republic "About counteraction to financing of terrorist activities and to legalization (washing) of the criminal income".

The concepts and terms which are not determined in this Item and used in this Provision are applied in that value in what they are used in the industry legislation of the Kyrgyz Republic if other is not provided in this Provision.

Chapter 2. List of inspection bodies and their under control persons

4. Inspection bodies are:

1) National Bank of the Kyrgyz Republic;

2) authorized state body of the Kyrgyz Republic in the sphere of regulation and supervision of the financial market;

3) Authorized state body on communication;

4) authorized state body of the Kyrgyz Republic in the sphere of precious metals;

5) Ministry of Justice of the Kyrgyz Republic;

6) self-regulatory organizations.

5. The National Bank of the Kyrgyz Republic performs check (inspection) of activities of the following under control persons:

1) commercial banks;

2) credit unions;

3) microfinancial organizations (mikrocreditny agencies, microcredit companies, microfinance companies, specialized financial credit institutes);

4) exchange bureaus;

5) operators of settlement system with use of electronic money;

6) payment institutes;

7) saving and loan building cash desks;

8) issuers and agents (distributors) of electronic money;

9) service providers of virtual assets.

6. The authorized state body of the Kyrgyz Republic in the sphere of regulation and supervision of the financial market performs check of activities of the following under control persons:

1) leasing companies (organizations);

2) pawnshops;

3) accumulation pension funds;

4) organizers of lottery;

5) reinsurance organizations and brokers;

6) professional participants of the security market (brokers, dealers, depositaries, nominee holders, independent registry holders of securities, underwriters, investment funds, stock exchanges, managing companies on trust management of investment assets, managing companies on trust management of pension assets);

7) insurance companies (insurers);

8) insurance brokers;

9) commodity exchanges;

10) service providers of virtual assets.

7. The authorized state body on communication performs check of activities of the companies of mail service.

8. The authorized state body of the Kyrgyz Republic in the sphere of precious metals performs check of activities of the physical persons and legal entities performing transactions (transaction) with precious metals and stones, jewelry from them and also scrap of such products.

9. The Ministry of Justice of the Kyrgyz Republic performs check of activities of the state and private notaries.

10. Self-regulatory organizations perform check of activities of the following under control persons:

1) mortgage companies (organizations);

2) realtors (agents, brokers, intermediaries, organizers of trade in real estate, trust management of real estate);

3) independent lawyers (individual entrepreneurs), law companies and their employees (legal advisers) rendering services in preparation for carrying out transaction (transaction) on professional basis or the making transactions (transactions) from name or at the request of the client, on the basis of the signed contract;

4) the physical persons and legal entities providing services in creation of legal entities or management of legal entities.

The list of self-regulatory organizations is determined by body of financial investigation.

11. The list of financial institutions and non-financial categories of persons in the form of the electronic database is created and published by body of financial investigation.

Chapter 3. Tasks, functions and powers (rights and obligations) inspection bodies

12. Tasks and functions of inspection bodies are determined in Chapters 4-7 of this provision and the legislation of the Kyrgyz Republic regulating their activities.

13. Inspection bodies have the right:

1) to request and obtain from under control persons information or documents necessary for accomplishment of functions by them on check of activities of under control persons;

2) to provide the methodological, methodical help to under control persons and to provide feedback with under control persons concerning execution of the legislation of the Kyrgyz Republic in the sphere of PFTD/LPD;

3) to hold the training events for under control persons concerning PFTD/LPD;

4) to perform cooperation and exchange of information with monitoring bodies of foreign states concerning PFTD/LPD.

14. Inspection bodies shall:

1) to provide observance of the rights and legitimate interests of man and citizen, legal entities and the state in the course of check implementation;

To create 2) and to timely update the list of under control persons, with indication of identification data, and also to post it on the official site of inspection body;

To check 3) the founder, the applicant, the authorized representative, the participant (shareholders) with considerable share (shares) of the authorized capital (over 25%), the physical person which finally (through chain of ownership and control) directly or indirectly (through the third parties) owns the property rights of the legal entity or controls the legal entity (further - the beneficial owner), and management of under control persons on availability or lack of criminal record, in lists of the searched persons (national and international) and the Sanctions list;

4) within one working day to inform body of financial investigation, law enforcement agencies and body of homeland security of the Kyrgyz Republic in case of coincidence of identification data of the founder, the applicant, the authorized representative, the participant to considerable share fraction, the beneficial owner and management of under control persons with identification data of person provided in lists of the searched persons (national and international) and the Sanctions list, and also to refuse to them registration or licensing;

5) to perform activities of the corresponding under control person concerning execution of the legislation of the Kyrgyz Republic in the sphere of PFTD/LPD and to collect information on observance by under control person of the legislation of the Kyrgyz Republic in the sphere of PFTD/LPD;

To apply 6) to under control persons of corrective action (sanction) for non-compliance with requirements of the legislation of the Kyrgyz Republic in the sphere of PFTD/LPD according to the legislation of the Kyrgyz Republic regulating activities of inspection bodies;

7) when conducting check of activities of under control persons to use information on risks and tipologiya (schemes) of financing of terrorist activities and legalization (washing) of the criminal income, and also information on typical types of violations of the law of the Kyrgyz Republic in the sphere of PFTD/LPD;

8) to provide the corresponding mode of protection and storage of information, component the office, commercial, bank or protected by the law other secret received in the course of interaction with under control persons, body of financial investigation, law enforcement agencies and body of homeland security.

Chapter 4. The risk-oriented approach when implementing check

15. Inspection bodies apply risk - the oriented approach when implementing check of activities of under control persons.

The risk - the oriented approach is the purpose identification of risks, risk management and redistribution of the available resources (human, technical and financial) inspection bodies for implementation of check of activities of under control persons, first of all subject to high risk.

16. For application risk - the oriented approach inspection bodies provide the following:

1) apply risk - the oriented approach on the basis of understanding of risks;

2) are developed and apply the criteria for evaluation of risks (on mark system) consisting of the following main subsections:

a) country or geographical risk (the risks existing in the country);

b) the risk connected with under control person, determined by inspection body by results of risks assessment;

c) the risk connected with activities or products (services) of under control person (amount of assets, client base, range and the mechanism of the rendered services).

3) carry out risks assessment in activities of under control persons and constitute the report on results of risks assessment.

17. Criteria for evaluation of risks shall be reviewed regularly depending on development of the situation and emergence of new threats and vulnerability.

18. Depending on risk degree the inspection body determines frequency and the level (simplified or deepened) conducting check.

Inspection bodies are developed and approve the internal instruction for application risk - the oriented approach when implementing check of activities of under control persons.

Chapter 5. Procedure for conducting check

19. For the purpose of implementation of check of activities of under control persons concerning execution of the legislation of the Kyrgyz Republic in the sphere of PFTD/LPD inspection bodies, within the competence, carry out monitoring (remote control) and (or) exit check or inspection.

20. The procedure for carrying out monitoring (remote control) of activities of under control persons is determined by inspection body.

21. The procedure for conducting exit check or inspection of under control persons is determined by the legislation of the Kyrgyz Republic in the sphere of conducting checks or the bank law of the Kyrgyz Republic.

Self-regulatory organizations perform exit check or inspection of the corresponding under control persons according to the procedure, established by self-regulatory organizations.

22. Authorized state body on communications and the Ministry of Justice of the Kyrgyz Republic perform check of activities of the under control persons specified in Items 7 and 9 of this provision within conducting checks on execution of the industry legislation of the Kyrgyz Republic.

23. Inspection bodies use the list of questions constituted on the basis of the legislation of the Kyrgyz Republic in the sphere of PFTD/LPD for which answers gather during monitoring (remote control) and exit check or inspection.

24. In case of identification of violation of the law of the Kyrgyz Republic in the sphere of PFTD/LPD, by results of carrying out monitoring (remote control) and exit check or inspection, the official who revealed violation draws up the statement or the protocol, in duplicate.

The act or the protocol shall contain data on being of the revealed violation of the law of the Kyrgyz Republic in the sphere of PFTD/LPD.

The act or the protocol is signed by the official who revealed violation.

One copy of the act or the protocol is handed to the head of financial institution or non-financial category of persons under the signature or goes by means of mail service in case of refusal of the head of financial institution or non-financial category of persons in signing of this act or protocol.

The second copy of the act or protocol goes to the head of inspection body.

25. Inspection bodies consider question of accountability of persons which allowed violations of the law of the Kyrgyz Republic in the sphere of PFTD/LPD according to the legislation of the Kyrgyz Republic on violations or the bank law of the Kyrgyz Republic, and also the legislation of the Kyrgyz Republic regulating activities of inspection bodies.

26. Check (monitoring) of elimination of the violations of the law of the Kyrgyz Republic in the sphere of PFTD/LPD revealed by results of check is performed by conducting control check or remote monitoring, in time, established by inspection body.

Chapter 6. Interaction of inspection bodies with body of financial investigation

27. Coordination of activities of inspection bodies is performed by the Commission on questions of counteraction to financing of terrorist activities and legalization (washing) of the criminal income operating under the Cabinet of Ministers of the Kyrgyz Republic.

28. Inspection bodies determine the employee or structural division, responsible for interaction with body of financial investigation.

29. For the purpose of the organization of check and increase in its efficiency inspection bodies perform cooperation with body of financial investigation in the following forms:

1) annually, no later than January 15 of the current year, approve the standard list of the questions which are subject to check with body of financial investigation;

2) in ten working days prior to check send inquiry to body of financial investigation for provision of the list of the questions which are subject to check and during conducting check collect information on the questions specified in request of body of financial investigation;

3) send information to body of financial investigation within three working days from the moment of identification of violation of the law of the Kyrgyz Republic in the sphere of PFTD/LPD if decision making on the revealed violation is within the competence of body of financial investigation, according to the legislation of the Kyrgyz Republic on violations;

4) in case of suspicions that transactions (transaction) performed by under control persons can be connected with financing of terrorist activities and legalization (washing) of the criminal income inspection bodies without delay send the message on it to body of financial investigation;

5) send to body of financial investigation information on condition of execution of the legislation of the Kyrgyz Republic in the sphere PFTD/LPD and information on offenses in this sphere (in case of detection), no later than ten working days from the moment of check completion;

6) in body of financial investigation statistical data (in the form established by body of financial investigation) about the revealed violations and the measures taken for their elimination quarterly provide the summarized information on observance by the corresponding under control persons of requirements of the legislation of the Kyrgyz Republic in the sphere of PFTD/LPD, including;

7) is approved with body of financial investigation by projects of regulatory legal acts of the Kyrgyz Republic about introduction of amendments to the legislation of the Kyrgyz Republic in the sphere of PFTD/LPD.

30. The body of financial investigation addresses to inspection bodies with the offer on accountability of under control persons or their officials, on suspension or on revocation of licenses of under control persons for gross and numerous violation of requirements of the legislation of the Kyrgyz Republic in the sphere of PFTD/LPD.

Inspection bodies, having considered the appeal of body of financial investigation, apply adequate measures to under control persons, according to the bank law or the legislation on licensed authorization system of the Kyrgyz Republic, with the subsequent direction of the notification on the taken measures in body of financial investigation or with reasons for causes of failure in taking measures.

Chapter 7. Final provisions

31. Inspection bodies within conducting check are guided by the legislation of the Kyrgyz Republic in the sphere PFTD/LPD and the decision of body of financial investigation in the sphere of PFTD/LPD.

32. Inspection bodies shall provide that structural division or the certain employees performing checks:

1) had sufficient and necessary resources for high-quality and effective conducting check;

2) had operational independence and independence for ensuring freedom from inadequate influence or intervention;

3) supported high professional standards, including standards concerning confidentiality and advanced training.

Appendix 4

to the Order of the Government of the Kyrgyz Republic of December 25, 2018 No. 606

Regulations on procedure for submission of information and documents in body of financial investigation of the Kyrgyz Republic

Chapter 1. General provisions

1. This Provision establishes procedure for submission of information and documents, and also messages on transactions (transactions) in body of financial investigation.

2. In this Provision the following concepts and terms are used:

1) automated workplace - the specialized software allowing to create and send in the automated mode messages on transactions (transactions) to body of financial investigation;

2) transaction (transaction) - any transactions (transactions) with means made for establishment, change or the termination of the civil laws and obligations with means;

3) body of financial investigation - authorized state body of the Kyrgyz Republic in the sphere of counteraction to financing of terrorist activities and to legalization (washing) of the criminal income;

4) standard forms - the special standard forms intended for filling with financial institutions and non-financial categories of persons by provision of messages on transactions (transactions) according to the legislation of the Kyrgyz Republic in the sphere of counteraction to financing of terrorist activities and to legalization (washing) of the criminal income;

5) financial institutions and non-financial categories of persons - the physical persons and legal entities specified in article 5 of the Law of the Kyrgyz Republic "About counteraction to financing of terrorist activities and to legalization (washing) of the criminal income".

The concepts and terms which are not determined in this Item and used in this Provision are applied in that value in what they are used in the industry legislation of the Kyrgyz Republic if other is not provided in this Provision.

Chapter 2. Procedure for submission of information and documents

3. The body of financial investigation, within accomplishment of the functions, sends to state bodies, local government bodies, courts, financial institutions and non-financial categories of persons, and also non-profit organizations (further - the required party) requests about submission of necessary information and documents or the copies of the documents which are available for the required party certified in accordance with the established procedure.

4. Requests of body of financial investigation about provision of information and documents can go in electronic or paper type (further - electronic request or request on paper).

5. Electronic inquiries of body of financial investigation are sent by electronic communication channels and signed by the digital signature of the official of body of financial investigation.

The form of electronic request and the list of the officials of body of financial investigation having the right to send electronic inquiry are determined by body of financial investigation.

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