THE RESOLUTION OF THE STATE COMMITTEE OF THE REPUBLIC OF UZBEKISTAN ON MANAGEMENT OF THE STATE-OWNED PROPERTY, DEPARTMENT ON FIGHT AGAINST TAX, CURRENCY OFFENCES AND LEGALIZATION OF THE CRIMINAL INCOME UNDER THE PROSECUTOR GENERAL'S OFFICE OF THE REPUBLIC OF UZBEKISTAN

of October 13, 2009 No. 01/19-18/24, 13 of October, 2009 No. 43

About approval of Rules of internal control on counteraction of legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of weapons of mass destruction for members of the commodity and raw exchanges

According to the laws of the Republic of Uzbekistan "About the exchanges and exchange activities" and "About counteraction of legalization of income gained from criminal activities to financing of terrorism and financing of distribution of weapons of mass destruction" the State committee of the Republic of Uzbekistan on privatization, demonopolization and development of the competition and Department on fight against tax, currency offenses and legalization of the criminal income under the Prosecutor General's Office of the Republic of Uzbekistan decide:

1. Approve Rules of internal control on counteraction of legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of weapons of mass destruction for members of the commodity and raw exchanges  according to appendix.

2. This resolution becomes effective after ten days from the date of its state registration in the Ministry of Justice of the Republic of Uzbekistan.

Appendix

to the Resolution of the State Property Committee and Department on fight against tax, currency offenses and legalization of the criminal income under the Prosecutor General's Office of the Republic of Uzbekistan

Rules of internal control on counteraction of legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of weapons of mass destruction for members of the commodity and raw exchanges

I. General provisions

1. In these rules the following basic concepts are applied:

the beneficial owner - physical person which finally owns the property rights or really controls the client, including the legal entity for the benefit of whom transaction with money or other property is made;

internal control - activities of members of the exchanges for identification of the transactions which are subject to the message in specially authorized state body;

the states which are not participating in international cooperation in the sphere of counteraction of legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of weapons of mass destruction - the states and the territories determined in official declarations of Group on development of financial measures for anti-money laundering (FATF) which pose threat to international financial system and which have system of counteraction of legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of weapons of mass destruction have strategic shortcomings;

identification of the client - determination by members of the exchanges of data on clients, on the basis of the documents provided by them for the purpose of implementation of proper check of the client;

identification of the beneficial owner - determination by members of the exchanges of the owner or person controlling the client - the legal entity, by studying of structure of property and management based on the constituent documents determined by the legislation (the charter and (or) the foundation agreement, provision);

the client - the physical person or legal entity using services of the member of the exchange;

proper check of the client - check of the personality and powers of the client and persons, on behalf of which he acts, identification of the beneficial owner by studying of structure of property and management based on constituent documents, and also carrying out on permanent basis of studying of the business relations and transactions performed by the client for the purpose of check of their compliance to information about such client and his activities;

the transactions which are subject to the message - the made and prepared transactions with money or other property recognized by members of the exchange suspicious during internal control;

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