Agreement of the State Parties of the Commonwealth of Independent States on counteraction of legalization (washing) of the criminal income and to terrorism financing

of October 5, 2007

The State Parties of the Commonwealth of Independent States which are hereinafter referred to as with the Parties

recognizing that fight against organized crime, corruption, terrorism, other heavy and especially serious crimes requires use of modern and effective forms, methods and means,

considering that one of such methods is deprivation of criminals of the income from criminal activities and other means used for making of crimes

being guided by the conventional principles and rules of international law,

for the purpose of enhancement of the legal basis of counteraction of legalization (washing) of the criminal income and to financing of terrorism and cooperation in this sphere

agreed as follows:

Section I. General provisions

Article 1

The parties according to this agreement, the international obligations and the national legal system cooperate, coordinate the activities, combine efforts of state bodies, public and other associations and the organizations, and also citizens for the purpose of counteraction of legalization (washing) of the criminal income and to terrorism financing.

Article 2

For the purposes of this Agreement the following basic concepts are used:

a) the criminal income - the money and/or other property received as a result of crime execution;

b) means (property) - the assets of any sort movable or immovable, irrespective of method of their acquisition, and also the legal documents or acts confirming the right to such assets or participation in them;

c) terrorism financing - provision or fund raising or rendering financial services with understanding that they are intended for financing of the organization, preparation or making at least of one of crimes of terrorist nature, or for the providing organized group, illegal armed group, criminal society (the criminal organization) created or one of such crimes created for making at least;

d) legalization (washing) of the criminal income - actions for giving of lawful nature to ownership, use or the order of the criminal income;

e) the main crime - penal act as a result of which criminal income was gained for legalization (washing) of which the national legal system of the Parties establishes criminal liability;

e) transactions with money or other property - the actions of physical persons and/or legal entities with money or other property irrespective of form and method of their implementation directed to establishment, change or the termination of the related civil laws and obligations;

g) suspicious transactions - transactions with money or other property concerning which there are suspicions that they are made for the purpose of legalization (washing) of the criminal income and financing of terrorism;

h) confiscation - uncompensated taking of property based on the judgment;

i) competent authorities - the state bodies of the Parties performing powers on implementation of this agreement within the competence established by the national legal system of the Parties;

j) authorized body - the competent authority of the Party performing according to its national legal system obtaining and the analysis of messages on the transactions which are subject to mandatory control and about suspicious transactions and also transfer to law enforcement agencies of information concerning chances of legalization (washing) of the criminal income and financing of terrorism.

Article 3

1. For the purpose of implementation of this agreement the cooperation of the Parties includes the following main directions and forms: harmonization of the national legal system of the Parties; rendering legal assistance, including delivery of documents, arrest of the criminal income and means for terrorism financing, confiscation implementation; exchange of information; conducting investigation and search operations; consultations; exchange of representatives.

2. This Agreement does not interfere with the Parties in determination and development of other mutually acceptable directions and forms of cooperation.

3. The cooperation of the Parties within this Agreement is performed based on orders about rendering legal assistance (further - the order) and requests about rendering assistance (далеезапрос).

Article 4

1. Each Party according to the national legal system determines the list of competent authorities with indication of in it authorized body and sends it to depositary along with provision of information on accomplishment of the interstate procedures necessary for the introduction of this Agreement to force. The parties within one month notify depositary on change of the competent and authorized bodies.

2. The depositary based on the notifications received from the Parties creates the list of competent authorities, sends it to all agreement parties, and also reports about all changes of this list based on the notifications received from the Parties.

3. Competent authorities of the Parties on the questions provided by this Agreement interact with each other directly within the powers determined by the national legal system of these Parties.

Article 5

The documents directed according to this Agreement and considered as official documents in the territory of one Party use legal force of official documents in the territories of other Parties and do not require legalization if it does not contradict the national legal system of the Parties them received.

Article 6

The expenses connected with execution of request (order) are born by the Party in the territory of which they arose if in each case other procedure is not approved.

Section II. Forming of the regulatory legal base

Article 7

The parties take the measures necessary for harmonization of the national legal system of the Parties taking into account rules of international law in the field of counteraction of legalization (washing) of the criminal income and to terrorism financing.

Article 8

1. The parties adopt the regulatory legal acts allowing their competent authorities to identify, search for the criminal income and means for terrorism financing, to prevent and stop transactions and transactions with such income and means, their transfer or other order them.

2. Each Party adopts the regulatory legal acts granting to its competent authorities the right to request information necessary for taking measures of counteraction of legalization (washing) of the criminal income and to terrorism financing.

Article 9

1. The parties adopt the regulatory legal acts obliging the organizations performing transactions with money or other property to undertake measures for counteraction of legalization (washing) of the criminal income and financing of terrorism which shall include, in particular:

a) carrying out identification of clients and beneficiaries;

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