RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of June 25, 2010 No. 124

About approval of Rules of approval of the General list of persons to which it is necessary to apply sanctions

For the purpose of ensuring execution of Item 1.3 of the Presidential decree of the Azerbaijan Republic 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 received in the criminal way or other property and terrorism financing" the Cabinet of Ministers of the Azerbaijan Republic decides No. 241:

1. Approve "Rules of approval of the General list of persons to which it is necessary to apply sanctions" (are applied).

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. 124

Approval procedure of the General List of persons to whom it is necessary to apply sanctions

I. General provisions

1. This Procedure is prepared according to the Law of the Azerbaijan Republic "About counteraction of legalization of the money received in the criminal way or other property and to terrorism financing", the Presidential decree of the Azerbaijan Republic of March 17, 2010 No. 241 "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 received in the criminal way or other property and terrorism financing", Orders of the President of the Azerbaijan Republic of May 11, 2002 No. 920 "About the actions plan on ensuring accomplishment of resolutions of the Security Council of the United Nations of September 12, 2001 with No. 1368, of September 28, 2001 with No. 1373 and of November 12, 2001 No. 1377 and relevant resolutions of the Security Council of the United Nations, directed to fight against terrorism.

2. This Procedure determines approval "The general List of persons to whom it is necessary to apply sanctions (dalee-Obshchy the List), modification and amendments in the General List and tasks of the relevant structures with respect thereto.

3. The general List consists of the Internal list established according to the 6th part of this Procedure based on the legislation of the Azerbaijan Republic and international treaties which party it is also the International List established according to part 12 of this Procedure based on relevant resolutions of the United Nations.

3-1. The decision on inclusion of person, in the list of persons to whom within counteraction to financing of terrorism it is necessary to apply sanctions can be appealed according to the procedure, established by the Administrative Procedure Code of the Azerbaijan Republic.

4. The general List affirms Chamber on control of the financial markets of the Azerbaijan Republic (further - the Chamber on control of the financial markets), instantly is placed on its official Internet page and according to the legislation of the Azerbaijan Republic in the field of the counteraction of legalization of money or other property received in the criminal way and to financing of terrorism and goes directly or through the relevant monitoring bodies to the relevant regulatory authorities, and also participants of monitoring and or to other persons participating in monitoring.

5. The general List having preventive character pursues the aim of application of the following preventive measures, according to the principle of presumption of innocence:

5.1. immediate freezing of assets and transactions with assets of persons to which it is necessary to apply sanctions, and also the legal entities who are in ownership or under control of such persons, including the legal entities and physical persons performing activities on behalf of such persons or on their specifying and terrorism financing suppression;

5.2. prevention of assistance in any form to the physical persons or legal entities included in the General List including attraction to membership in terrorist groups and liquidation of means arms supplies to terrorists.

II. Establishment of the National List

6. The national List is established by Service of state security, Service of foreign intelligence of the Azerbaijan Republic (further - Service of state security) on representation of the Prosecutor General's Office of the Azerbaijan Republic, the Ministry of Internal Affairs of the Azerbaijan Republic, the Ministry of Justice of the Azerbaijan Republic, the State Border Service of the Azerbaijan Republic, Service of foreign intelligence of the Azerbaijan Republic or on own initiative and submitted for approval to Chamber on control of the financial markets".

7. The following physical persons or legal entities are included in the National List:

7.1. legal entities concerning whom there is judgment which took legal effect about its liquidation according to the procedure, established by the legislation of the Azerbaijan Republic, for connection with terrorist activities;

7.2. persons condemned according to the legislation of the Azerbaijan Republic according to the court verdict which took legal effect for preparation, the organization, or making of the acts provided by Articles 102, of 214, 214-1, 215, of 219, 219-1, 277, of 278, of 279, 280 or 282 Criminal Codes of the Azerbaijan Republic;

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