RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of June 25, 2010 No. 123

About approval of the Procedure for determination of the list of the states (territories) which are presumably participating in legalization of the money or other property acquired in the criminal way, terrorism financing, support of transnational organized crime, and also the armed separatism, extremism and nayemnichestvo, drug trafficking or the psychotropic substances which are not requiring disclosure of identification data when conducting financial transactions

For the purpose of ensuring execution of Item 1.3 of the Presidential decree of the Azerbaijan Republic No. 241 of March 17 of the 2010th year "About application of the Law of the Azerbaijan Republic "About modification and amendments in some legal acts of the Azerbaijan Republic for the purpose of strengthening of fight against legalization of the money and other property acquired in the criminal way and terrorism financing" the Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Procedure for determination of the list of the states (territories) which are presumably participating in legalization of the money or other property acquired in the criminal way, terrorism financing, support of transnational organized crime, and also the armed separatism, extremism and nayemnichestvo, drug trafficking or the psychotropic substances which are not requiring disclosure of identification data when conducting financial transactions".

2. This resolution becomes effective from the date of signing.

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of June 25, 2010, No. 123

Procedure for determination of the list of the states (territories) which are presumably participating in legalization of the money or other property acquired in the criminal way, terrorism financing, support of transnational organized crime, and also the armed separatism, extremism and nayemnichestvo, drug trafficking or the psychotropic substances which are not requiring disclosure of identification data when conducting financial transactions

1. This Procedure is prepared based on the Law of the Azerbaijan Republic "About fight against legalization of money or other property received in the criminal way, both terrorism financing" and Item 1.3 of the Presidential decree of the Azerbaijan Republic No. 241 of March 17, 2010 "About application of the Law of the Azerbaijan Republic "About modification and amendments in some legal acts of the Azerbaijan Republic for the purpose of strengthening of fight against legalization of the money and other property acquired in the criminal way and terrorism financings".

2. This Procedure regulates procedure for determination of the list of the states (territories) which are presumably participating in legalization of the money or other property acquired in the criminal way, terrorism financing, support of transnational organized crime and also the armed separatism, extremism and nayemnichestvo, drug trafficking or the psychotropic substances which are not requiring disclosure of identification data when conducting financial transactions (in subsequent - the list of the states).

3. The list of the states is determined based on one or several of the following criteria Chamber by control of the financial markets of the Azerbaijan Republic (further - Chamber on control of the financial markets) by coordination with the Ministry of Foreign Affairs of the Azerbaijan Republic (further - the Ministry of Foreign Affairs):

3.1. application concerning the state (territory) of the corresponding sanction, embargo or similar actions from the United Nations, and also other specialized international or regional organizations;

3.2. The statement from the Working Group on Financial Measures (FATF) of Organization for Economic Cooperation and Development, Committee of experts in assessment of measures against money laundering and financing of terrorism of the Council of Europe (MONEYVAL), regional structures like FATF (FSRB), the other specialized international and regional organizations about absence in the state (territory) of the legislation regulating the sphere of fight against legalization of the money or other property acquired in the criminal way, financing of terrorism or discrepancy or incomplete compliance to its main international requirements;

3.3. The statement from Organization for Economic Cooperation and Development and the International Monetary Fund, the other specialized international and regional organizations about not claiming of disclosure of identification data during in the state (territory) of financial transactions;

3.4. The statement from the United Nations or the other specialized international and regional organizations about availability of high risk of support or financing in the state (territory) of terrorist activities;

3.5. The statement from the United Nations, Organization for Security and Cooperation in Europe or other specialized international and regional organizations for support by the state (territory) of transnational organized crime, and also the armed separatism, extremism and nayemnichestvo;

3.6. The statement from Management on fight against drugs and crime of the United Nations, or other specialized international and regional organizations about participation of the state (territory) in drug trafficking or psychotropic substances.

4. In case of creation of the list of the states taking into account state interests of the Azerbaijan Republic and the principle of reciprocity in the relations with the foreign states the additional criteria which are not provided in Item 3 presents of the Procedure can be in exceptional cases also used.

5. The Ministry of Foreign Affairs in case of disagreement with inclusion in the list of any state within a month in writing provides the reasonable opinion on it in Chamber on control of the financial markets. In case of not presentation for this period of claims the list is considered approved.

6. After approval the list of the states is published in the official state newspaper, posted on the official website of Chamber on control for financial rynkamiya of the Ministry of Foreign Affairs, and is direct or by means of the relevant monitoring bodies goes Chamber on control of the financial markets to the participants of monitoring or other persons participating in monitoring.

7. The participants of monitoring or other persons participating in monitoring shall find out the purpose and essence carried out with the countries determined in the list, the transactions with money and other property which do not have the obvious economic or legal target and to constitute with respect thereto the written analytical report (report). In case of need, according to the procedure determined in the legislation, the report shall be submitted in body of Financial Monitoring, monitoring bodies and other authorities.

Note. Changes are made to this Procedure according to the Item 2.6-1 "Regulations on Procedure for Preparation and Adoption of Regulatory Legal Acts of Executive Bodies", No. 772 approved by the Presidential decree of the Azerbaijan Republic of August 24, 2002.

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