RESOLUTION OF THE NATIONAL COMMISSION ON THE FINANCIAL MARKET OF THE REPUBLIC OF MOLDOVA

of December 19, 2023 No. 63/1

About approval of Regulations about measures for the prevention and anti-money laundering and terrorism financing

Based on part (10) Articles 5, parts (9) and parts (14) Article 13 and Item b) parts (1) article 15 of the Law on the prevention and anti-money laundering and terrorism No. 308/2017 financing (it is published in the Official monitor of the Republic of Moldova, 2018, No. 58 - 66, the Art. 133) the National commission on the DECIDES: financial market

1. Approve Regulations about measures for the prevention and anti-money laundering and by financing of terrorism it (is applied).

2. To the reporting units determined in Items c), d) and f) parts (1) article 4 of the Law on the prevention and anti-money laundering and financing of terrorism No. 308/2017 till 4 months from the date of entry into force of this resolution will develop and to approve internal program documents according to these Regulations.

3. Declare invalid the Resolution of the National commission on the financial market on approval of Regulations on measures for the prevention and anti-money laundering and financing of terrorism in the non-bank financial market No. 38/1/2018, registered in the Ministry of Justice at No. 1358 of September 18, 2018 (The official monitor of the Republic of Moldova, 2018, No. 366 - 376, the Art. 1457).

4. This resolution becomes effective from the date of publication in the Official monitor of the Republic of Moldova.

Approved by the Resolution of the National commission on the financial market of the Republic of Moldova of December 19, 2023, No. 63/1

Regulations about measures for the prevention and anti-money laundering and terrorism financing

Chapter I General provisions

1. The regulations about measures for the prevention and anti-money laundering and terrorism financing (further – Regulations) are applied to the reporting units determined in Items c), d), f) and p) parts (1) article 4 of the Law on the prevention and anti-money laundering and terrorism No. 308/2017 financing (further – the Law No. 308/2017), and also to their branches abroad. These Regulations establish requirements to:

1) to identification and risks assessment of money laundering and financing of terrorism;

2) to application of precautionary measures, including identification of the client and vygodopriobretayushchy owner;

3) to development and to implementation own the politician and programs for the prevention and anti-money laundering and financing of terrorism and to internal control;

4) to data storage;

5) to informing on doubtful activities and transactions.

2. The concepts and expressions used in these Regulations have the determinations provided by the Law No. 308/2017 and subordinate legislations published by Service according to the prevention and anti-money laundering (further - SPBOD) and the regulations adopted by the National commission on the financial market (further – NKFR). Also in sense of these Regulations the following concepts are used:

financial institution – organization, whose main activities it is comparable to activities of any of the reporting units determined in Items a) – g), i) and p) parts (1) article 4 of the Law No. 308/2017;

the official - physical person which the law, by appointment, election or the order on permanent or temporary basis is granted certain rights and obligations for accomplishment of administrative, organizational or economic functions;

3. Reporting unit is responsible for development, approval and ensuring application of adequate own programs for the prevention and anti-money laundering and terrorism financing which shall provide the timely prevention and identification of doubtful transactions.

4. Reporting unit appoints persons, including from members of council and/or the executive body given authority on execution of requirements of regulations in the field of the prevention and anti-money laundering and financing of terrorism and on ensuring compliance the politician and procedures to these requirements.

5. Reporting unit takes measures for identification, assessment and risk minimization for the purpose of the prevention of use or involvement of reporting unit in transactions of money laundering and financing of terrorism.

Chapter II the Risks assessment of money laundering and financing of terrorism and risk - the oriented approach

6. Reporting unit shall reveal and estimate risks of money laundering and financing of terrorism in own field of activity, taking into account risks assessment of money laundering and financing of terrorism at the national level, and also the criteria and factors established for this purpose NKFR.

7. Reporting unit will provide assessment and updating of risks of money laundering and financing of terrorism to which the divisions which are in other countries (jurisdictions) which results will be kept according to requirements of Regulations are subject.

8. Reporting unit reveals and estimates risks of money laundering and financing of terrorism in own field of activity till launch and new product development, services and use of the new or developed technologies both for new products and services, and for existing. Reporting unit will take adequate measures for management and reduction of these risks.

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