PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of February 14, 2022 No. 48

About the register of addresses (identifiers) of virtual purses and features of turnover of cryptocurrency

For the purpose of risk minimization of involvement of virtual purses *, used (used) for implementation of unlawful activity, in civil circulation, and also I decide establishments of features of turnover of cryptocurrency in criminal procedure and enforcement proceeding:

1. Create the register of addresses (identifiers) of the virtual purses used (used) for implementation of unlawful activity.

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* For the purposes of this Decree terms are used in the values determined in appendix 1 to the Decree of the President of the Republic of Belarus of December 21, 2017 No. 8 "About development of digital economy".

2. Approve Regulations on procedure for maintaining and application of the register of addresses (identifiers) of the virtual purses used (used) for implementation of unlawful activity it (is applied).

3. Determine:

the owner and the operator of the register called in Item 1 of this Decree, public institution "Administration of the Park of high technologies";

users of the register called in Item 1 of this Decree:

The Prosecutor General's Office, Committee for State Security, the State Control Committee, the Ministry of Internal Affairs, National Bank, Operational analytical center in case of the President of the Republic of Belarus, the Presidential Security Service of the Republic of Belarus, the Investigative Committee;

residents of the Park of the high technologies performing the types of activity provided in part four 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".

4. Determine that:

4.1. in the cases provided in part 18 of Article 132 of the Code of penal procedure of the Republic of Belarus, the realization of cryptocurrency is enabled by the suspect, the person accused or persons bearing liability for their actions under the law:

through the operator of cryptoplatform and (or) the operator of exchange of cryptocurrencies under control of the body conducting criminal procedure;

without participation of the operator of cryptoplatform and (or) the operator of exchange of cryptocurrencies – in case of impossibility of realization of cryptocurrency according to the procedure, determined in the paragraph the second this subitem;

4.2. accounting of the cryptocurrency withdrawn, arrested in course of production on criminal case is performed by the bodies conducting criminal procedure based on decisions on withdrawal and (or) arrest of cryptocurrency;

4.3. the realization of cryptocurrency in enforcement proceeding is enabled on contractual basis through the operator of cryptoplatform and (or) the operator of exchange of cryptocurrencies from their consent.

Transfer of forced execution by bodies on realization of the cryptocurrency specified in part one of this subitem is made without establishment of its cost;

4.4. return of the cryptocurrency withdrawn, arrested in course of production on criminal case or money received from its realization is made based on proceeding decisions of the bodies conducting criminal procedure. At the same time return of money is made in the amount of, not exceeding the amount received from realization of cryptocurrency;

4.5. the cost of the cryptocurrency realized according to subitems 4.1 and 4.3 of this Item constitutes actual amount of the money enlisted on the current (settlement) bank accounts with subsequent use according to the legislation.

The expenses (the commissions, remunerations) connected with transactions (transactions) with cryptocurrency within criminal procedure and enforcement proceeding to owners of cryptocurrency are not compensated;

4.6. the requirements provided in subitem 2.1 of Item 2 of the Decree of the President of the Republic of Belarus of December 21, 2017 No. 8, are not applied to transactions with cryptocurrency within criminal procedure and enforcement proceeding before transfer it to realization according to the procedure, established by this Decree.

5. To Council of Ministers of the Republic of Belarus in three-months time to take measures for implementation of this Decree.

6. This Decree becomes effective in the following procedure:

Item 5 and this Item – after official publication of this Decree;

other provisions of this Decree – in three months after its official publication.

Approved by the Presidential decree of the Republic of Belarus of February 14, 2022 No. 48

Regulations on procedure for maintaining and application of the register of addresses (identifiers) of the virtual purses used (used) for implementation of unlawful activity

1. This Provision determines procedure for maintaining and application of the register of addresses (identifiers) of the virtual purses used (used) for implementation of unlawful activity (further if other is not established, – the register), informing users of the register on its change.

2. The register is kept in form according to appendix 1.

3. Creation and maintaining the register are performed at the expense of means of the operator of the register.

4. The basis for introduction of data on addresses (identifiers) of the virtual purses used (used) for implementation of unlawful activity (further – data on addresses), in the register is received by the Prosecutor General's Office, Committee for State Security, the State Control Committee, the Ministry of Internal Affairs, Operational analytical center of the Republic of Belarus, the Investigative Committee (further – the interested state bodies) during implementation of office activities information on use (preparing use) of addresses (identifiers) of virtual purses for implementation of terrorist, extremist activities and other acts, responsibility for which making is stipulated by the legislation about administrative offenses or the penal statute.

The basis for exception of data on addresses of the register is establishment of the circumstances testimonial of the termination of use of addresses (identifiers) of virtual purses in the activities and acts specified in parts one of this Item, or non-confirmation of information which formed the basis for entering of data on addresses into the register.

5. The interested state bodies no later than three working days from the moment of emergence of the bases for entering into the register (exception of the register) of data on addresses send such data to the operator of the register according to the procedure, determined in Item 6 of this provision.

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