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LAW OF THE REPUBLIC OF TAJIKISTAN

of March 25, 2011 No. 684

About counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction

(as amended on 17-05-2018)

This Law determines the legal basis and governs the public relations on ensuring protection of the rights and legitimate interests of citizens, societies and the states by creation of legal mechanism of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- income gained in the criminal way - the money or other property received as a result of making of socially dangerous act preceding legalization (washing) of the income.

- legalization (washing) of income gained in the criminal way - making of financial transactions or other transactions with money, securities or other property if it is obviously known that such property represents income gained in the criminal way for the purpose of concealment or concealment of source of receipt of this property or for the purpose of assistance to person participating in making of the main crime it could avoid the responsibility for the acts, and also concealment or concealment of authentic nature, the location, method of the order, movement, the rights to property or its accessory, and also acquisition, ownership, use of such property or the order it;

- property (means) - assets of any sort, tangible or intangible, movable or immovable, irrespective of method of their acquisition, and also legal documents or acts in any form, including in electronic or digital, certifying right to such assets or participation in them, including bank loans, travel checks, bank checks, postal orders, shares, securities, bonds, bills of exchange, letters of credit and others;

- terrorism financing - direct or mediocre provision or implementation of fund raising, for the purpose of their complete or partial use or when understanding that they will be used by the certain terrorist or terrorist group (organization), or for the purpose of financial provision of the certain terrorist or terrorist group (organization) or for the organization, preparation and making of the crimes provided by Articles 179, 179(1), 179(3), 181, of 182, of 184, 184(1), 184(2), 184(3), 184(4), 185, of 193, of 194, 194(1), 194(2), 194(3), 194(4), 194(5), 310 and 402 of the Criminal Code of the Republic of Tajikistan, and is equal if such means actually were not used for making of the listed crimes, and also financing of the certain terrorist or terrorist group (organization), even if it is not connected with specific act of terrorism (acts);

- authorized body - the state body of task, function and which power in the sphere of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction are determined by this Law, and also other regulatory legal acts;

- transaction (transaction) with money or other property - the actions of physical persons and legal entities directed to establishment, change or the termination of the civil laws and obligations concerning money or other property;

- the suspicious transaction and transaction - the transaction and transaction (attempt of transaction and transaction) with money or other property determined as suspicious transactions and transactions according to this Law and according to the list of signs of suspicious transactions approved by authorized body;

- financial monitoring - set of actions which are performed by the organizations (the organizations performing transactions with money), authorized body and other state bodies in the sphere of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction;

- mandatory control - set of the measures for control taken by authorized body over transactions with money or other property based on information provided to it by the organizations performing such transactions and also for verification of this information according to the legislation of the Republic of Tajikistan;

- internal control - organization activity, performing transactions with money or other property on identification of transactions (attempts of making of the suspicious transactions) which are subject to mandatory control and other transactions with money or other property connected with legalization (washing) of income gained in the criminal way, financing of terrorism and financing of distribution of weapons of mass destruction;

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