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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of January 20, 2021 No. 7

About approval of the Regulations on procedure for maintaining the Electronic register of Service according to the prevention and anti-money laundering created by the Automated information and communication system for the prevention and anti-money laundering

Based on Item m) parts (1) article 19 of the Law No. 308/2017 on the prevention and anti-money laundering and terrorism financing (The official monitor of the Republic of Moldova, 2018, Art. No. 58-66, 133), with subsequent changes, DECIDES: the Government

1. Create the Electronic register of Service according to the prevention and anti-money laundering.

2. Approve Regulations on procedure for maintaining the Electronic register of Service according to the prevention and anti-money laundering created by the Automated information and communication system for the prevention and anti-money laundering it (is applied).

3. To provide to service according to the prevention and anti-money laundering as the owner of the Automated information and communication system for the prevention and anti-money laundering implementation, functioning and development of the specified system according to the legislation and international agreements which party the Republic of Moldova is.

4. To provide to service of information technologies and cyber security as the owner of general government technological framework ("MCloud") availability of the information technological resources requested by Service according to the prevention and anti-money laundering to creation and storage of backup copies of the Automated information and communication system for the prevention and anti-money laundering on general government technological framework of "MCloud" according to the regulated access regulations.

5. To perform accomplishment of provisions of this resolution for the account and within the financial resources provided annually in the government budget and from other sources according to the legislation.

6. To impose control over the implementation of this resolution on Service according to the prevention and anti-money laundering.

Acting as Prime Minister

Aureliu Chokoy

Approved by the Order of the Government of the Republic of Moldova of January 20, 2021 No. 7

Regulations on procedure for maintaining the Electronic register of Service according to the prevention and anti-money laundering created by the Automated information and communication system for the prevention and anti-money laundering

I. General provisions

1. The regulations on procedure for maintaining the Electronic register of Service according to the prevention and anti-money laundering created by the Automated information and communication system for the prevention and anti-money laundering (further - the Provision), establish procedure for the organization and information content of activities and transactions, suspicious in sense of the actions for money laundering connected with it crimes and financing of terrorism and also other relevant information collected by Service according to the prevention and anti-money laundering according to provisions of the Law No. 308/2017 on the prevention and anti-money laundering and financing of terrorism, subjects of the legal relations in the field of creation and functioning by the Automated information and communication system for the prevention and anti-money laundering (further - System), their rights and obligation, information objects and the list of the data included in them, procedures of collection and data management; access to data of System, operational compatibility with other registers and information systems, procedure for maintaining and ensuring functioning of System, form of control and accountability.

2. The concepts used in this Provision mean the following:

reporting units - the physical persons and legal entities obliged according to provisions of the Law No. 308/2017 on the prevention and anti-money laundering and financing of terrorism to deliver information in System for the purpose of the prevention of money laundering and financing of terrorism;

the special form - set of the structured information intended for informing Service according to the prevention and anti-money laundering concerning doubtful property, activities or transactions, suspicious in sense of money laundering, the crimes connected with it and financings of terrorism;

The EGMONT group - the international organization of divisions of financial investigation which purpose is improvement of interaction in the field of information exchange, training and experience exchange in the field of the prevention and anti-money laundering and terrorism financing;

data processing - any transaction or number of transactions with data which are performed by means of the automated means, namely: collection, registration, the organization, storage, adaptation or change, extraction, consultation, use, disclosure by transfer, distribution or any different way, accession or combination, blocking, removal or destruction of data;

The automated information and communication system for the prevention and anti-money laundering - the automated information system consisting of set of information resources and technologies, technical software and the interconnected methodologies intended for acceptance, storage, processing, informing, the analysis, prevention and distribution of information on the prevention and anti-money laundering and terrorism financing;

the user - person given the right of complete or partial information access from System.

3. Set of the information documented and which is stored in the Electronic register of Service according to the prevention and anti-money laundering (further - the Register), will be organized according to the Law No. 71/2007 on registers.

II. Subjects of the legal relations in the field of creation, operation and use of the register. Powers of subjects

4. Subjects of the legal relations in the field of creation, operation and use of the Register are:

1) owner;

2) owner;

3) holder;

4) registrar;

5) consumer;

6) user.

5. Owner Reestra is the state performing the property right, managements and uses of the data containing in Reestra.

6. The owner Reestra is the Service according to the prevention and anti-money laundering.

7. Holder Reestra is the Service according to the prevention and anti-money laundering having rights of creation, management, use and ownership of information resource. The service according to the prevention and anti-money laundering provides legal, organizational and financial resources for Reestr's functioning, carrying out both functions of the owner, and the functions established by the legislation namely:

1) providing organizational and financial conditions for functioning of the Register;

2) determination of the purposes and functional tasks of the Register;

3) determination of the information objects which are subject to registration in the Register and their contents;

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