THE RESOLUTION OF THE STATE COMMITTEE OF COMMUNICATION OF INFORMATIZATION AND TELECOMMUNICATION TECHNOLOGIES OF THE REPUBLIC OF UZBEKISTAN, DEPARTMENT ON FIGHT AGAINST TAX AND CURRENCY OFFENCES AND LEGALIZATION OF THE CRIMINAL INCOME UNDER THE PROSECUTOR GENERAL'S OFFICE OF THE REPUBLIC OF UZBEKISTAN

of June 24, 2013 No. 34-mkh, No. 14

About modification and amendments in Rules of internal control on counteraction of legalization of income gained from criminal activities and financing of terrorism for operators, providers of mail service

According to the Law of the Republic of Uzbekistan "About counteraction of legalization of the income received from criminal activities and to terrorism financing" (Collection of the legislation of the Republic of Uzbekistan, 2004, No. 43, the Art. 451), the resolution of the President of the Republic of Uzbekistan of April 21, 2006 No. PP-331 "About measures for strengthening of fight against crimes in the financial and economic, tax sphere, with legalization of the criminal income" (Collection of the legislation of the Republic of Uzbekistan, 2006, No. 18, the Art. 147) and the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of December 19, 2012 No. 355 "About approval of regulations on the State committee of communication, informatization and telecommunication technologies of the Republic of Uzbekistan and about the State inspectorate for supervision in the field of communication, informatization and telecommunication technologies" (Collection of the legislation of the Republic of Uzbekistan, 2012, 52, the Art. 589) the State committee of communication, informatization and telecommunication technologies of the Republic of Uzbekistan and Department on fight against tax, currency offenses and legalization of the criminal income under the Prosecutor General's Office of the Republic of Uzbekistan decide No.:

1. Make changes and additions to Rules of internal control on counteraction of legalization of income gained from criminal activities and financing of terrorism for operators, providers of mail service approved by the resolution of the Uzbek communication agency and informatization and Department on fight against tax, currency offenses and legalization of the criminal income under the Prosecutor General's Office of the Republic of Uzbekistan on October 13, 2009  No. No. 10-8/4270, 33-09 (рег. No. 2032 of November 3, 2009) (Collection of the legislation of the Republic of Uzbekistan, 2009, No. 45, the Art. 490), according to appendix.

 2. This resolution becomes effective from the date of its official publication.

Chairman of the State committee of communication, informatization and telecommunication technologies H.Mirzakhidov

The acting head of the department of fight against tax, currency offenses and legalization of the criminal income under the Prosecutor General's Office B. Zilyaev

Appendix

to the Resolution of the State committee of communication, informatization and telecommunication technologies of the Republic of Uzbekistan and Department for fight against tax, currency offenses and legalization of the criminal income under the Prosecutor General's Office of the Republic of Uzbekistan from June 24, 2013 No. No. 34-mkh, 14

Changes and additions made to Rules of internal control on counteraction of legalization of income gained from criminal activities and financing of terrorism for operators, providers of mail service

1. Add Item 1 with paragraphs the tenth - the twelfth the following content:

"the states which are not participating in international cooperation in the field of counteraction of legalization of income gained from criminal activities and to terrorism financing - the states and the territories determined in official declarations of group on development of financial measures for anti-money laundering which pose threat to international financial system and which have system of counteraction of legalization of income gained from criminal activities and to terrorism financing have strategic shortcomings;

object of mail service - separate divisions of operators of mail service (post offices, nodes, departments, Items of mail service, and also other divisions);

offshore zone - the states and the territories which are providing preferential tax regime and (or) not providing disclosure and submission of information when carrying out financial transactions.".

2. In paragraph four of Item 2 of the text in Uzbek the word "terrorizmg" shall be replaced with words "terrorizmn of moliyalashtirishg".

3. In Item 3:

add with the paragraph the second the following content:

"determination and risks assessment of legalization of income gained from criminal activities, and terrorism financing and also taking measures to their decrease;";

paragraphs two - to consider the tenth respectively paragraphs third the eleventh;

text in paragraph three in word Uzbek "huzhzhatlar, ushba" shall be replaced with words "huzhzhatlar of hamd to ushb".

4. The fifth item 4 to state the paragraph in the following edition:

"know the legislation in the field of mail service, including the regulating documents accepted by the State committee of communication, informatization and telecommunication technologies of the Republic of Uzbekistan and the legislation on counteraction of legalization of income gained from criminal activities and to terrorism financing;".

5. In Item 6:

the paragraph one to state in the following edition:

"Operators, providers of mail service annually till January 15 provide in the State committee of communication, informatization and telecommunication technologies of the Republic of Uzbekistan and the State inspectorate for supervision in the field of communication, informatization and telecommunication technologies (further - Inspection) lists of persons responsible for observance of these rules, with appendix of their biographical particulars.";

in the paragraph the second words "The state inspection of communication" to replace with the word "Inspection".

6. In Item 7:

add with the paragraph the second the following content:

"perform measures for identification, assessment, control, management and decrease in risks of legalization of income gained from criminal activities, and terrorism financing;";

paragraphs two - to consider the sixth respectively paragraphs the third, seventh;

the fourth to state the paragraph in the following edition:

"on the basis of the analysis of risks assessment develop and submit for approval to management (approve) programs of actions for implementation of internal control;";

to state the paragraph of the seventh in the following edition:

"provide confidentiality of implementation process of these rules and programs of actions for implementation of internal control;";

add with the paragraph of the following content:

"perform interaction with responsible persons of the State committee of communication, informatization and telecommunication technologies of the Republic of Uzbekistan, Inspectorate and Department for the organization of internal control, the prevention and elimination of cases of violation of requirements of the legislation on counteraction of legalization of income gained from criminal activities and to financing of terrorism and these rules.".

7. In Item 9:

add with the paragraph the second the following content:

"take adequate measures on identification and risks assessment of legalization of income gained from criminal activities and terrorism financing, on their registration and decrease;";

paragraphs two - to consider the tenth respectively paragraphs the third, eleventh;

add with paragraphs the eleventh and twelfth the following content:

"stop the transactions which are subject to the message in Department in the particular cases listed in Item 22 of these rules;

perform exchange of information about users with responsible persons of other operators, providers of mail service on observance of these rules;";

the eleventh to consider the paragraph the paragraph the thirteenth.

8. In Item 10 of the word "The Uzbek communication agency and informatizations" shall be replaced with words "The state committee of communication, informatization and telecommunication technologies of the Republic of Uzbekistan".

9. In Item 11:

the fourth to state the paragraph in the following edition:

"the persons who are constantly living, being or registered in the states which are not participating in international cooperation in the field of counteraction of legalization of income gained from criminal activities and to terrorism financing or in offshore zones;";

the twelfth to state the paragraph in the following edition:

"In process of change of nature of the operations performed by the user, operators, providers of mail service shall review risk level taking into account collected data by results of proper check of the user.".

10. Add with Item 11-1 of the following content:

"11-1. The strengthened measures for proper check of the user include:

receipt of additional information about the user (type of activity, the size of assets, other information which receipt is available, available to obtaining through open databases, including the Internet or other sources) and frequent updating of data on the user and the beneficial owner;

obtaining from the sender of data on source of means or financial condition of the user;

receipt of data about the planned or performed operations on money transfer;

obtaining from management of object of mail service of permission to carrying out transaction for money transfer;

implementation of the strengthened monitoring of postal orders.".

11. In Item 14:

text in paragraph one in Uzbek to replace the word "Foydalanuvchining" with the word "Foydalanuvchi";

add with the paragraph of the following content:

"pay special attention and carry out careful operation analysis, connected with international money transfers in which the information about the sender (surname, name, middle name of physical persons, full name, locations (postal address) of legal entities and the bank settlement account of the sender) is not provided or provided not in full.".

12. Third Item 23 to state the paragraph in the following edition:

"acceptance of the strengthened measures for nadlezhayshy check;".

13. In Item 29 of the word "The Uzbek communication agency and informatizations and the State inspection of communication" shall be replaced with words "The state committee of communication, informatization and telecommunication technologies of the Republic of Uzbekistan and Inspection".

 

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