The agreement between the Government of the Russian Federation and the Government of the Republic of Byelorussia on cooperation and mutual aid in the field of fight against illegal financial transactions, and also the financial transactions connected with legalization (washing) of income gained in the illegal way
of February 12, 1999
The government of the Russian Federation and the Government of the Republic of Byelorussia which are hereinafter referred to as with the Parties
being guided by the national legal system and the international obligations of the states,
attaching importance to efforts of the international community on fight against illegal financial transactions, and also the financial transactions connected with legalization (washing) of income gained in the illegal way
proceeding from mutual interest in adjustment of effective cooperation between the competent authorities combating illegal financial transactions, and also the financial transactions connected with legalization (washing) of income gained in the illegal way
agreed as follows:
For the purposes of this agreement the used concepts mean the following:
"illegal financial transactions" - transactions and other actions of physical persons and legal entities, residents and nonresidents with money, securities and payment documents, irrespective of form and method of their implementation, directed to the establishment, change or the termination of the related civil laws and obligations made with the violation of the national legal system of each of the Parties involving criminal, administrative or civil liability;
"income gained in the illegal way" - things, including money and securities, personal and real estate, property rights, works and services, results of intellectual activities, including exclusive rights for them (intellectual property), other objects of the civil laws acquired as a result of violation of the national legal system of each of the Parties involving criminal, administrative or civil liability;
"legalization (washing) of income gained in the illegal way" giving of lawful type to ownership, use or the order of income gained in the illegal way;
"information" - the known data received according to the national legal system of the Parties, the facts, data which can concern directly or indirectly illegal financial transactions, and also financial transactions connected with legalization (washing) or use of income gained in the illegal way.
1. The parties cooperate for the purpose of the organization of effective fight for the prevention, identification, suppression and disclosure of illegal financial transactions, and also the financial transactions connected with legalization (washing) of income gained in the illegal way.
2. This agreement does not affect the rights and obligations of the Parties following from international treaties on rendering legal assistance on civil and criminal cases.
1. For the purpose of implementation of this agreement the cooperation of the Parties is directly performed by the competent authorities determined by each of the Parties (further hereinafter are referred to as - competent authorities).
In case of change of the official name of competent authorities of the Party without delay will notify on this each other.
2. For implementation of this agreement competent authorities sign Protocols on procedure for its implementation in the specific directions of cooperation.
The parties within this agreement use the following forms of cooperation:
a) exchange of information which can promote the prevention, identification, suppression and disclosure of illegal financial transactions, and also the financial transactions connected with legalization (washing) of income gained in the illegal way namely:
legal nature, in particular about the national legal system directed against illegal financial transactions, and also financial transactions connected with legalization (washing) of income gained in the illegal way;
about forms and methods of the prevention, identification, suppression and disclosure of illegal financial transactions, and also the financial transactions connected with legalization (washing) of income gained in the illegal way;
about violations of procedure of financial transactions and development of forms and methods of legalization (washing) of income gained in the illegal way;
about the financial transactions connected with receipt of the income which, according to competent authorities, perhaps, is gained in the illegal way;
b) interaction concerning holding the actions directed to identification illegal (by the national legal system of each Party) financial transactions, and also financial transactions connected with legalization (washing) of income gained in the illegal way;
c) carrying out joint analytical surveys on the problems infringing on mutual interests of the Parties in the field of the prevention and identification of illegal financial transactions, and also financial transactions connected with legalization (washing) of income gained in the illegal way;
d) assistance:
in training of specialists;
in creation of the information systems providing accomplishment of tasks according to the prevention and identification of illegal financial transactions, and also the financial transactions connected with legalization (washing) of income gained in the illegal way;
e) other forms of cooperation which are not contradicting the national legal system of each of the Parties.
The parties render each other assistance in return of the property acquired in result or on means from illegal financial transactions, and also the financial transactions connected with legalization (washing) of income gained in the illegal way, and confiscated as a result of actions of the Parties.
The parties will conduct work on standardization of the national legal system of the states in the field of fight against illegal financial transactions, and also the financial transactions connected with legalization (washing) of income gained in the illegal way.
Provision of information within this agreement is made according to the national legal system of the states of each of the Parties and powers of competent authorities as based on request, and on own initiative competent authority.
The competent authority of one Party guarantees to competent authority of other Party ensuring confidentiality of information on the questions connected with the prevention, identification, suppression and disclosure of illegal financial transactions, and also the financial transactions connected with legalization (washing) of income gained in the illegal way.
Information obtained within this agreement cannot be transferred to somebody without written consent competent authority of the Party which provided this information.
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