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RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of August 18, 2021 No. 143

About questions of Public service of financial investigation under the Cabinet of Ministers of the Kyrgyz Republic

For the purpose of determination of legal and organizational basis of activities of body of financial investigation of the Kyrgyz Republic, according to article 91 of the Constitution of the Kyrgyz Republic, articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic", article 7 of the Law of the Kyrgyz Republic "About counteraction to financing of terrorist activities and to legalization (washing) of the criminal income" and the Presidential decree of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" of May 5, 2021 the No. 114 Cabinet of Ministers of the Kyrgyz Republic decides:

1. Approve:

1) Regulations on Public service of financial investigation under the Cabinet of Ministers of the Kyrgyz Republic according to appendix 1;

2) the scheme of management of Public service of financial investigation under the Cabinet of Ministers of the Kyrgyz Republic according to appendix 2;

3) Provisional regulations for procedure for service in Public service of financial investigation under the Cabinet of Ministers of the Kyrgyz Republic according to appendix 3;

4) Regulations on banner and emblem of Public service of financial investigation under the Cabinet of Ministers of the Kyrgyz Republic according to appendix 4.

2. Make changes to some decisions of the Government of the Kyrgyz Republic according to appendix 5.

3. Recognize invalid some decisions of the Government of the Kyrgyz Republic according to appendix 6.

4. Determine what is on September 8 annually celebrated professional holiday - Day of the employee of body of financial investigation of the Kyrgyz Republic.

5. To public service of financial investigation under the Cabinet of Ministers of the Kyrgyz Republic:

1) to take the necessary measures following from this resolution;

2) to enable the realization of this resolution within the approved number of staff and means provided for Public service of financial investigation under the Cabinet of Ministers of the Kyrgyz Republic in the republican budget for the corresponding year and the next years.

6. This resolution becomes effective after seven days from the date of official publication.

Chairman of the Cabinet of Ministers of the Kyrgyz Republic

U. Maripov

Appendix 1

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of August 18, 2021 No. 143

Regulations on Public service of financial investigation under the Cabinet of Ministers of the Kyrgyz Republic

Chapter 1. General provisions

1. This Provision determines legal and organizational basis of activities of Public service of financial investigation under the Cabinet of Ministers of the Kyrgyz Republic (further - Service).

2. Full official name of Service:

- in state language: "Kyrgyz Respublikasynyn Ministrler Kabinetine to karashtu Finansylyk chalgyndoo mamlekettik kyzmata";

- in official language: "Public service of financial investigation under the Cabinet of Ministers of the Kyrgyz Republic".

3. The reduced official name of Service:

- in state language: FChMK;

- in official language: GSFR.

4. The service is body of financial investigation of the Kyrgyz Republic and 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.

5. The service in the activities is guided by the Constitution of the Kyrgyz Republic, the laws of the Kyrgyz Republic, decrees and orders of the President of the Kyrgyz Republic, resolutions and orders of the Cabinet of Ministers of the Kyrgyz Republic, other regulatory legal acts of the Kyrgyz Republic, the conventional principles and rules of international law, international treaties which came in the procedure established by the law into force which participant is the Kyrgyz Republic (further - the international agreements of the Kyrgyz Republic), and also this Provision.

6. The service will independently organize and performs the activities within the powers established by the legislation of the Kyrgyz Republic.

Intervention of public authorities of the Kyrgyz Republic in activities of Service in case of accomplishment of the tasks and functions by it is not allowed.

7. The service is legal entity in form of business of public institution.

The service has separate balance, accounts opened in accordance with the established procedure, seal with the image of the State Emblem of the Kyrgyz Republic and with the name in the state and official languages and also other seals, stamps and forms of the established sample.

8. The service has banner and emblem which description and sketches affirm the decision of the Cabinet of Ministers of the Kyrgyz Republic.

9. Legal and actual addresses of Service: Kyrgyz Republic, city of Bishkek, Ulitsa Togolok Moldo, 21 A.

Chapter 2. Purpose and tasks of Service

10. The purpose of activities of Service is decrease in level of financing of terrorist activities and legalization (washing) of the criminal income.

11. Tasks of Service are:

1) collection (obtaining) and storage of messages on suspicious transactions (transactions) and other information on transactions (transactions);

2) carrying out the operational analysis of messages on suspicious transactions (transactions) and other information on transactions (transactions) and also which is available and available information for identification of transactions (transactions) or acts connected with financing of terrorist and extremist activities, legalization (washing) of the criminal income, predicate crimes;

3) carrying out strategic analysis of the available and available information, including information provided by state bodies for determination of the tendencies and schemes connected with financing of terrorist and extremist activities, legalization (washing) of the criminal income;

4) preparation of the generalized material or information on results of operational or strategic analysis and the direction on own initiative or on demand in the relevant state bodies, within their competences;

5) application of target financial sanctions and measures for suspension of transactions (transactions);

6) implementation of international cooperation in the sphere of counteraction to financing of terrorist activities and to legalization (washing) of the criminal income (further - PFTD/LPD).

Chapter 3. Functions of Service

12. The service according to the tasks assigned to it performs the following functions:

1) functions of development of industry policy:

- establishes the 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 PFTD/LPD, and also management on their filling, taking into account nature of transactions (transactions) and features of activities of financial institutions and non-financial categories of persons;

- establishes and publishes typical criteria of high and low risks for conducting proper check of clients by financial institutions and non-financial categories of persons for the purpose of PFTD/LPD;

- creates (makes amendments) and approves the reference books necessary for filling of the electronic message;

- develops and publishes methodical instructions for identification of suspicious transactions (transactions);

- approves the list of transactions (transactions) with physical persons or legal entities from the high risk countries, the list of transactions (transactions) with cash and their threshold amount which are subject to the message in Service, the financings of terrorist activities and legalization (washing) of the criminal income which are available in the Kyrgyz Republic developed by results of national risks assessment;

- performs interaction (exchange of information) with law enforcement agencies and bodies of homeland security when conducting parallel financial investigation at stages of operational search activities and investigation;

- reveals transactions (transaction) or acts connected with financing of terrorist and extremist activities, legalization (washing) of the criminal income, predicate crimes including according to international treaties of the Kyrgyz Republic;

- conducts research of tipologiya (the most widespread schemes) and tendencies of financing of terrorist activities and legalization (washing) of the criminal income characteristic of the Kyrgyz Republic;

- prepares the generalized material or information on results of carrying out operational or strategic analysis of messages on transactions (transactions) and other available information and on the initiative or on demand directs the generalized material or information to the relevant state bodies, within their competences;

- reveals and identifies 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, in legalization (washing) of the criminal income;

- creates, updates and publishes the Summary sanctions list of the Kyrgyz Republic;

- publishes the relevant information on modification and amendments in the Summary sanctions list of the UN Security Council;

- makes offers on inclusion of physical person or legal entity, group and the organization concerning which there are data on their participation in terrorist activities and distribution of weapons of mass destruction, in the corresponding sanctions lists of the UN Security Council;

- creates, updates and publishes the List of persons, groups, the organizations concerning which there are data on their participation in legalization (washing) of the criminal income;

- creates, updates and publishes the List of the physical persons who served sentence for implementation of legalization (washing) of the criminal income, terrorist or extremist activities and also for financing of these activities;

- informs financial institutions and non-financial categories of persons on publication of new edition of the Summary sanctions list of the Kyrgyz Republic, the Summary sanctions list of the UN Security Council, the List of persons, groups, the organizations concerning which there are data on their participation in legalization (washing) of the criminal income, and the List of the physical persons who served sentence for implementation of legalization (washing) of the criminal income, terrorist or extremist activities and also for financing of these activities;

- creates, updates and publishes the List of the high risk countries, and also sends to state bodies, financial institutions and non-financial categories of persons the relevant information on the high risk country (about exception or inclusion of the country);

- publishes information on shortcomings (vulnerability) of systems of the high risk countries in the sphere of PFTD/LPD;

- makes offers on approval of the list of the high risk countries to which measures (sanction) are applied, and also publishes and brings this list to the attention of financial institutions and non-financial categories of faces, state bodies of the Kyrgyz Republic;

- creates and updates the list of national public officials, members of families and close faces of the national public official, in the form of the electronic database;

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