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RESOLUTION OF THE MINISTRY OF COMMUNICATIONS AND INFORMATIZATION OF THE REPUBLIC OF BELARUS

of September 24, 2021 No. 13

About approval of the Instruction about requirements to rules of internal control of the operators of cellular mobile telecommunication performing financial transactions

Based on paragraph two of part two of article 16 of the Law of the Republic of Belarus of June 30, 2014 No. 165-Z "About measures for prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction" of subitem 6.1 of Item 6 of the Regulations on the Ministry of Communications and Informatization of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of March 17, 2004 No. 302, the Ministry of Communications and Informatization of the Republic of Belarus DECIDES:

1. Approve the Instruction about requirements to rules of internal control of the operators of cellular mobile telecommunication performing financial transactions it (is applied).

2. This resolution becomes effective after its official publication.

Minister

K. K. Shulgan

Approved by the Resolution of the Ministry of Communications and Informatization of the Republic of Belarus of September 24, 2021 No. 13

The instruction about requirements to rules of internal control of the operators of cellular mobile telecommunication performing financial transactions

1. Rules of internal control (further - rules) are developed by operators of cellular mobile telecommunication taking into account this Instruction and other regulatory legal acts and shall include the provisions provided by part three of article 5 of the Law of the Republic of Belarus "About measures for prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction".

2. The terms applied in this Instruction are used in the values determined in the Law of the Republic of Belarus "About measures for prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction".

3. In case of establishment of procedures of risk management, income gained in the criminal way, the financing of terrorist activities and financing of distribution of weapons of mass destruction, operators of cellular mobile telecommunication connected with legalization:

determine and classify the risks connected with legalization of income gained in the criminal way, financing of terrorist activities and financing of distribution of weapons of mass destruction;

perform risks assessment, the income gained in the criminal way, financing of terrorist activities and financing of distribution of weapons of mass destruction, including risk of work with the client connected with legalization on risk scale which cannot consist less than of two degrees (low, high), taking into account the factors influencing increase (lowering) in degree of the risks connected with legalization of income gained in the criminal way, financing of terrorist activities and financing of distribution of weapons of mass destruction.

Implementation of financial transactions by foreign public officials, the officials of the public international organizations, persons holding the positions included in the list of the state positions of the Republic of Belarus determined by the President of the Republic of Belarus belongs to high risk, the states (territories) which do not implement the recommendation of Group of development of financial measures of anti-money laundering do not participate in international cooperation in the field of prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction, by persons determined in the list of the organizations and physical persons involved in terrorist activities (further - the list), or being under control of such persons. In case of high risk expanded measures of internal control for proper check of clients, business contacts and financial transactions of which the high risk is characteristic are applied.

Accomplishment of cellular mobile telecommunication of requirements of Group of development of financial measures of anti-money laundering by operators belongs to low risk degree. In case of low risk degree the simplified measures of internal control when checking clients are applied (at the same time without refusing their carrying out completely).

The risk factors influencing increase (lowering) in risk degree of work with the client can be classified by type (profile) of the client and set of information about him, types of the financial transactions performed by it, geographical regions of the residence (location), the place of implementation of activities of the client and other factors.

The system (technique) of risks assessment, the income connected with legalization gained in the criminal way, financing of terrorist activities and financing of distribution of weapons of mass destruction is developed by operators of cellular mobile telecommunication taking into account features of rendering services of cellular mobile telecommunication.

Depending on risk degree, connected with legalization of income gained in the criminal way, financing of terrorist activities and financing of distribution of weapons of mass destruction, rules shall provide adequate measures of internal control.

The list of measures of internal control is determined by operators of cellular mobile telecommunication depending on risk degree, connected with legalization of income gained in the criminal way, financing of terrorist activities and financing of distribution of weapons of mass destruction and taking into account features of rendering services of cellular mobile telecommunication.

Depending on risk degree of work with the client of the rule shall provide procedure and frequency of implementation of monitoring of financial transactions of clients, their representatives. In case of risk assessment on the client's profile the operator of cellular mobile telecommunication considers core activity of the client, completeness of the identification data provided by the client, and also their compliance to the available information obtained as a result of verification, data on goodwill of the client and other data.

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