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Ministry of Justice

Republic of Tajikistan 

 On March 27, 2023 No. 16

LAW OF THE REPUBLIC OF TAJIKISTAN

of March 15, 2023 No. 1950

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

Accepted by the Resolution MH MOPT of January 18, 2023, No. 960

Approved by the Resolution MM MORT of March 15, 2023, No. 359

This Law determines legal and organizational basis of prevention and counteraction of legalization (washing) of income gained in the criminal way to financing of terrorism and financing of distribution of weapons of mass destruction and is directed to protection of the rights, freedoms and legitimate interests of the personality, society and state, ensuring national security and protection of economic interests of the Republic of Tajikistan.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

1) transaction or the transaction with property (means) - the actions of physical persons or legal entities, or foreign legal educations directed to establishment, change or the termination of the civil laws and obligations concerning money or other property;

2) suspicious transaction or the transaction - transaction or the transaction with property (means), including attempt of making of transaction or the transaction, irrespective of its amount concerning which there is suspicion that it can be connected with legalization (washing) of income gained in the criminal way, financing of terrorism and financing of distribution of weapons of mass destruction;

3) bank screen - the bank which does not have physical presence in the country in which it is registered and has the license, and not affiliated with any regulated financial group which is subject to the actual consolidated supervision;

4) current assets to bearer - bearer securities (including shares, bonds, checks, bills of exchange and cash orders) or other securities (including the blank cheques, bonds and cash orders) which grant the right to them on presentation without specifying of name of the receiver;

5) financial group - the group consisting of the legal entity (the main company) leading activities and coordinating functions of other participants of group for the purpose of implementation of group supervision of them, including its branches, affiliated enterprises (societies) and representations to whom extend applied by all group of the politician and the procedure in the sphere of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction;

6) freezing - imposing of prohibition on implementation of the translation, conversion, the order, movement or other transaction with property (means) which is in property or under control of person or the organization, to the client, the partner or the beneficial owner included in lists of faces, groups and organizations tied with terrorism and distribution of weapons of mass destruction;

7) income gained in the criminal way - property (means) acquired or received directly, or indirectly as a result of crime execution;

8) virtual asset - digital representation of value which can be traded or be transferred by digital method and can be used for the purposes of payment or investments, except for the electronic money and digital currencies emitted by the states, securities and other financial assets;

9) risk management - detection, assessment and understanding of risks of legalization (washing) of income gained in the criminal way, financings of terrorism and financing of distribution of weapons of mass destruction and subsequent taking measures to prevention or mitigation of the consequences of legalization (washing) of income gained in the criminal way, financings of terrorism and the financing of distribution of weapons of mass destruction corresponding to the revealed risks;

10) the countries and the territories with the increased risk - the states and the territories which do not apply or apply in insufficient degree international standards in the sphere of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction and also offshore zones;

11) foreign partners - the foreign competent authorities which are carrying out similar obligations and functions within required cooperation;

12) legalization (washing) of income gained in the criminal way - making of financial transactions or other transactions with money, securities or other property if it is obviously known that such property represents income gained in the criminal way for the purpose of concealment or concealment of source of receipt of this property or for the purpose of assistance to person participating in making of the main crime it could avoid the responsibility for the acts, and also concealment or concealment of authentic nature, the location, method of the order, movement, the rights to property or its accessory, and also acquisition, ownership, use of such property or the order it;

13) terrorism financing - direct or indirect provision or implementation of fund raising, for the purpose of their complete or partial use or when understanding that they will be used by the certain terrorist or terrorist group (organization), or for the purpose of financial provision of the certain terrorist or terrorist group (organization) or for the organization, preparation and making of crimes of terrorist nature, and is equal if such means actually were not used for making of crimes of terrorist nature, and also financing of the certain terrorist or terrorist group (organization) even if it is not connected with specific act of terrorism (acts), or for financing of trips of persons going to the state which is not the state of their accommodation or nationality, for the purposes of making, planning, preparation or participation in making of acts of terrorism or for training of terrorists, or passing of such preparation;

14) financing of distribution of weapons of mass destruction - direct or indirect provision or implementation of fund raising for the purpose of their complete or partial use, or with understanding that they will be used in illegal creation, production, acquisition, storage, transportation, transfer or transfer to other person to ownership of nuclear, neutron, chemical, biological (bacteriological), climatic, and also other type of weapon of the mass defeat forbidden by international treaties, and is equal in transfer to any state which does not have nuclear weapon, the initial or special splitting material or technologies which can be obviously used for creation of weapons of mass destruction, or in provision to any person of other types of weapon of mass defeat or the components, necessary for its production, forbidden by international treaties;

15) authorized body - body of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction which is determined according to this Law;

16) supervisory authorities - competent authorities to which the obligations on supervision or control in the sphere of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction aimed at ensuring compliance with this Law by accountable subjects of requirements are assigned;

17) the beneficial owner - physical person (persons) who directly or indirectly (through the third parties, including through ownership chain) owns (yut) the property right (has (yut) the prevailing equity participation of the client) or really controls (yut) the client, or the physical person, from name or for the benefit of which transaction (transaction), and also the physical person (persons) controlling the legal entity or foreign legal education is made;

18) property (means) - assets of any sort, material or non-material, movable or immovable, irrespective of method of their acquisition, and also legal documents or acts in any form, including in electronic or digital, certifying right to such assets or participation in them, including bank loans, travel checks, bonds, bills of exchange, letters of credit, virtual assets and another;

19) financial monitoring - set of actions for prevention, identification and suppression of legalization (washing) of income gained in the criminal way, the financings of terrorism and financing of distribution of weapons of mass destruction performed by accountable subjects, authorized body and other state bodies;

20) the founder of foreign legal education - the physical person or legal entity transferring ownership of the property (means) to the managing director of foreign legal education by means of the agreement on trust management or the similar agreement;

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