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Ministry of Justice

Republic of Tajikistan

of March 26, 2003 No. 86

Approved by the Resolution of Board of National Bank of Tajikistan of March 24, 2003 No. 51

The instruction No. 128 about procedure for opening and maintaining bank accounts of citizens of the Republic of Tajikistan on which legalizuyemy money is enlisted

The instruction about procedure for opening and maintaining bank accounts of citizens of the Republic of Tajikistan on which legalizuyemy money is enlisted is developed according to the Law of the Republic of Tajikistan "About granting of amnesty of citizens of the Republic of Tajikistan in connection with legalization of money by them" and the Presidential decree of the Republic of Tajikistan of March 12, 2003 No. 1032 "About establishment of the period of legalization of money".

I. General provisions

1. This Instruction determines procedure for opening and maintaining special accounts by banks in national and foreign currencies for the citizens of the Republic of Tajikistan legalizing the money during legalization.

Special accounts are the savings accounts opened to clients on the terms of on-demand deposit with the renewal right to the deposit, the term exceeding the legalization period by agreement between the client and bank.

2. The client - the citizen of the Republic of Tajikistan legalizing the money during legalization.

3. Clients independently choose bank for the settlement and cash servicing and have the right to open special accounts in one or several banks.

4. Bank - the bank of the Republic of Tajikistan included by National Bank of Tajikistan in the list of the banks having the right to carrying out transactions on legalization of money of citizens of the Republic of Tajikistan (appendix No. 1).

Banks open special accounts, on the balance sheet account 20226 "The Special Savings Account for Legalization of Money of Citizens in National Currency" and 20228 "The special savings account for legalization of money of citizens in foreign currency" on which the legalized money is enlisted by the client.

The amount of deposited money is not limited.

Legalization of money is performed both in cash, and in non-cash forms.

Acceptance and transfer of money for accounts on legalization is performed during the entire period of legalization (from April 1 to June 1).

In cash form money is given in bank according to the announcement on introduction by cash (No. form 0402001) where in the column "purpose of payment" it is specified - "Legalization of money". In assurance of receipt of means the bank issues to the client the corresponding receipt and the statement from personal account.

In case of money transfer in non-cash form, in the order, in the column "purpose of payment (basis)" "Legalization of money" is specified. In confirmation of transfer of funds for the special account the bank sends (issues) to the client the statement from personal account.

The foreign currency is accepted and enlisted into special accounts, in the currencies determined by the list (appendix No. 2).

Information on the legalized money and their owners is not subject to disclosure.

Responsibility for safety of the means enlisted into special accounts lays down on the banks performing these transactions.

5. The money which is on the deposit accounts of citizens of the Republic of Tajikistan in the banks of the Republic of Tajikistan (both included and are not included in appendix No. 1) for period start date of legalization is not transferred to special accounts, they are considered being in legal economic circulation, percent on them are charged regularly.

These means are considered legalized on remaining balance of balances of all banks of the Republic of Tajikistan as of April 1, 2003.

II. PROCEDURE FOR REGISTRATION OF OPENING OF SPECIAL ACCOUNTS

6. When opening special accounts the client signs the contract with bank, the Bank has no right to refuse to the client opening of accounts.

7. For opening of special accounts on legalization of money the client submits the following documents to bank:

a) the statement on opening of the account (appendix No. 3);

b) passport.

8. The bank issues to the client in confirmation of legalization of its means upon termination of the legalization period the official document - the certificate on introduction of money for the account on legalization of money (appendix No. 4).

In case of the address of the citizens of the Republic of Tajikistan having deposits in banks of the Republic of Tajikistan over 1000 Somoni prior to the beginning of the legalization period, also the certificate on legalization is granted by the banks serving them, at the same time the amount credited into these accounts during legalization is considered.

9. The form of the certificate is the document of the strict reporting.

10. The National Bank of Tajikistan enables production and the realization to banks of forms of certificates.

11. The National Bank of Tajikistan performs registration of accounting number and the number of the issued forms of certificates by each bank.

Banks register the forms of certificates received from National Bank of Tajikistan and record the certificates granted to clients according to numbers and the amounts (appendices No. 5).

12. Upon termination of the legalization period, within 2 months, unused forms of certificates return banks to National Bank of Tajikistan for subsequent their destruction about what the relevant statement is drawn up.

III. Procedure for carrying out transactions on special accounts

13. Money of the client is enlisted and are on its special accounts before completion of the period of legalization. Transactions on these accounts during legalization can be made according to the order of the client on the purposes established by Items and), b), d) article 3 of the Law of the Republic of Tajikistan "About granting of amnesty of citizens of the Republic of Tajikistan in connection with legalization of money by them", i.e. on:

- participation in forming of the authorized capital of domestic legal entities, including in the course of privatization of state-owned property;

- property acquisition, including shares and other securities of legal entities - residents of the Republic of Tajikistan;

- acquisition of rights of the property rights belonging to residents of the Republic of Tajikistan.

When implementing the above-named transactions in non-cash form, the client submits in bank the application with indication of details of rewater receivers and the purposes of the translation.

When implementing the above-named transactions in cash form, the client for receipt of the certificate on legalization shall submit the documents confirming carrying out the specified transactions.

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