LAW OF THE REPUBLIC OF TAJIKISTAN

of July 2, 2021 No. 1802

About amnesty in connection with legalization of assets and money of citizens of the Republic of Tajikistan

Accepted by the Resolution MH MOPT of June 30, 2021, No. 468

This Law determines legal and organizational basis of holding exclusive single action by the state by granting of amnesty in connection with legalization of assets and money of citizens of the Republic of Tajikistan and its purpose is creating favorable conditions for attraction of the capital of citizens in national economy, ensuring transparency, reduction of share of shadow economy, asset recovery and money of citizens of the Republic of Tajikistan in national economy of Tajikistan, activization of investment of development of entrepreneurship.

Article 1. Basic concepts

In this Law the following basic concepts are used:

1) amnesty in connection with legalization of assets and money (further - amnesty) - release of citizens of the Republic of Tajikistan from responsibility for offenses, stipulated by the legislation the Republic of Tajikistan in connection with assets and money, legalizuyemy according to requirements of this Law, provision of the fiscal privileges and state guarantees of the rights and interests of the citizens legalizing the assets and money;

2) the legalization period - the term established by this Law during which citizens of the Republic of Tajikistan can legalize the assets and money;

3) assets - listed below personal and real estate:

a) the precious metals and gemstones extracted in the territory of the Republic of Tajikistan without observance of requirements of the legislation of the Republic of Tajikistan, or acquired on the money which is not specified in the declaration on the income or in the taxation object in the Republic of Tajikistan;

b) precious metals and gemstones, securities, share of participation (owner beneficiary) in the authorized capital of legal entities, and also any personal and real estate acquired outside the Republic of Tajikistan on the money which is not specified in the declarations on the income or in the taxation object in the Republic of Tajikistan and which are located in the property right of citizens of the Republic of Tajikistan abroad;

c) self-willedally built personal real estate or used in business activity;

4) money - the national currency of the Republic of Tajikistan, currency which are in the Republic of Tajikistan or beyond its limits in cash or non-cash forms;

5) legalization of assets and money - the procedure of registration of the rights of citizens to the assets and money in the Republic of Tajikistan acquired in the past as a result of removal from legal economic turnover of the money which is not specified in the declaration on the income or as the taxation object in the Republic of Tajikistan by means of their investment into national economy of Tajikistan, and also the procedure of registration of the rights of citizens of the Republic of Tajikistan to assets which appeared out of economic circulation owing to not registration of the rights to them according to the procedure, established by the legislation of the Republic of Tajikistan;

6) the official document about legalization - the certificate on legalization of assets, the certificate on legalization of money (further - the certificate) which confirm the right of citizens of the Republic of Tajikistan to legalized assets and money.

Article 2. Coverage of this Law

1. Operation of this Law extends to citizens of the Republic of Tajikistan (including individual entrepreneurs, founders and members (shareholders) of legal entities who have citizenship of the Republic of Tajikistan) who during legalization draw up the assets and money received by them before Date of Introduction of this Law in action as a result of making of the amnestied crimes and other offenses and introduce into economic circulation according to provisions of this Law.

2. This Law will not be applied to:

1) to assets and money of persons which are not provided in part of 1 this Article;

2) to the money received by citizens of the Republic of Tajikistan as the credit and the assets acquired by them on credit;

3) to the assets and money limited in turnover according to the legislation of the Republic of Tajikistan or withdrawn from circulation;

4) to assets and money of citizens of the Republic of Tajikistan concerning which assets and money in the Republic of Tajikistan or beyond its limits before Date of Introduction in operation of this Law is effective taken legal effect court resolution (the act of other representative with the law of body) about their confiscation or transfer to other person, and also to assets and money, concerning which the right of citizens of the Republic of Tajikistan before Date of Introduction in operation of this Law or during operation of this Law are cognizance item;

5) to assets and money of citizens of the Republic of Tajikistan concerning which in the Republic of Tajikistan or beyond its limits during enforcement of this Law there are the initiated criminal or administrative proceedings and the citizen did not use the privilege provided by this Law for the termination of the initiated criminal or administrative proceedings;

6) to citizens of the Republic of Tajikistan who in connection with the assets and money offered according to this Law for legalization are condemned by the court verdict which took legal effect;

7) to the assets and money of citizens of the Republic of Tajikistan received as a result of making of crimes or administrative offenses, except for crimes or administrative offenses which are subject to amnesty according to this Law;

8) to assets and money of citizens of the Republic of Tajikistan in the countries which are not realizing as appropriate the recommendation of Group of development of financial measures of anti-money laundering (FATF).

3. Operation of this Law does not interfere with fulfillment of requirements of the Law of the Republic of Tajikistan "About counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction".

Article 3. Term of legalization of assets and money

The term of legalization of assets and money covers fifty four months and begins after enforcement of this Law.

Article 4. Confidentiality of information on the legalized assets and money

1. Information on the legalized assets and money, and also their owners, is confidential.

2. Disclosure of such information can be authorized only court.

Article 5. Procedure and conditions of legalization of assets

1. Citizens of the Republic of Tajikistan during legalization can legalize the precious metals and gemstones extracted in the territory of the Republic of Tajikistan, without observance of requirements of the legislation, or acquired in the past in the territory or beyond its limits, on the money which is not specified in the declaration on the income or in the taxation object of the Republic of Tajikistan by submission of the declaration on property.

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