CONTRACT BETWEEN STATE MEMBERS OF CUSTOM UNION

of December 19, 2011

About counteraction of legalization (washing) of income gained in the criminal way and to financing of terrorism when moving cash and (or) monetary instruments through customs border of the Customs union

The state members of the Customs union within Eurasian economic community (EurAsEC) which further are referred to as with the Parties

based on the Agreement on creation of single customs area and forming of the Customs union of October 6, 2007, the Agreement on the Customs Code of the Customs Union of November 27, 2009,

in view of the Agreement of the State Parties of the Commonwealth of Independent States on counteraction of legalization (washing) of the criminal income and to financing of terrorism of October 5, 2007,

in view of that fight against organized crime, corruption, terrorism, other heavy and especially serious crimes requires use of modern and effective forms, methods and means,

recognizing international standards of Group of development of financial measures of anti-money laundering (FATF),

based on the conventional principles and rules of international law,

for the purpose of hindrance of possibility of use of the cash and (or) monetary instruments moved through customs border of the Customs union for legalization (washing) of income gained in the criminal way and (or) terrorism financing

agreed as follows:

Article 1

For the purposes of this Agreement the following basic concepts are used:

1) monetary instruments - travel checks, bills of exchange, checks (bank checks), and also the securities in documentary form certifying the obligation of the issuer (debtor) on payment of money in which person to whom such payment is performed is not specified;

2) income gained in the criminal way - the money or other property received as a result of making of the crimes recognized by those according to the legislation of the Party taking the measures for counteraction of legalization (washing) of income gained in the criminal way, and terrorism financing provided by this Agreement;

3) legalization (washing) of income gained in the criminal way - actions for giving of lawful nature to ownership, use or the order of income gained in the criminal way;

4) cash - the bank notes in the form of banknotes and treasury notes, coins, except for coins from precious metals which are in circulation and being legal means of payment in state members of the Customs union or foreign states (group of foreign states) including withdrawn or withdrawn from circulation, but subject to exchange on the bank notes which are in circulation;

5) suspension of movement of cash and (or) monetary instruments the actions taken by customs authorities for temporary restriction of right of possession, use and the order of cash and (or) monetary instruments based on information provided by law enforcement agencies and (or) authorized bodies, preceding decision making about release or withdrawal (arrest) of such cash and (or) monetary instruments;

6) authorized body - the body of the Party authorized according to the legislation of this Party to perform collection, the analysis and transfer to law enforcement and (or) customs authorities of information concerning chances of legalization (washing) of income gained in the criminal way and terrorism financing;

7) terrorism financing - provision or fund raising or rendering financial services with understanding that they are intended for financing of the organization, preparation or making at least of one of crimes of terrorist nature or for the providing organized group, illegal armed group, criminal society (the criminal organization) created or one of such crimes created for making at least.

Article 2

Customs authorities of the Parties in interaction with law enforcement and authorized bodies of the Parties take measures for counteraction of legalization (washing) of income gained in the criminal way and financing of terrorism when moving cash and (or) monetary instruments through customs border of the Customs union according to this agreement, the Agreement on the Customs Code of the Customs Union of November 27, 2009, the Agreement on procedure for movement by physical persons of cash and (or) monetary instruments through customs border of the Customs union of July 5, 2010.

Customs authorities of the Parties exercise control of movement of cash and (or) monetary instruments with use of the data declared in the customs declaration according to the customs legislation of the Customs union and the legislation of the Party which customs authorities exercise such control.

Customs authorities of the Parties refuse adoption (registration) of the customs declaration if person moving cash and (or) monetary instruments through customs border of the Customs union in the additional form of the passenger customs declaration "Declaration of Cash and (or) Monetary Instruments" or the declaration goods does not specify data which specifying is obligatory according to the customs legislation of the Customs union.

In case of refusal person from specifying of missing data movement of cash and (or) monetary instruments is not allowed.

Article 3

The customs authority of the Party for the purpose of, specified in Article 2 of this Agreement, stops movement of cash and (or) monetary instruments based on information provided to it by law enforcement agencies and (or) authorized body of this Party and without delay informs on it the body which provided the relevant information.

Information based on which the customs authority of the Party stops movement of cash and (or) monetary instruments shall contain the following data necessary for identification of person moving cash and (or) monetary instruments:

- for physical persons: surname, name and (if other does not follow from the law or national custom) middle name, birth date and birth place, nationality;

- for legal entities: name of the organization, form of business, location address.

In the presence the following data are in addition specified:

- type and details of the identity document: series and document number, date of issue of the document (for physical persons);

- identification (accounting) number of the taxpayer, charges (duties) or the similar number assigned in country of incorporation (for legal entities);

- data on route, including the country of departure/arrival, date, type and number of the vehicle or flight;

- other data which are available for authorized body and (or) law enforcement agencies which in their opinion can simplify identification of person moving cash and (or) monetary instruments.

Responsibility for reliability and justification

information provided in customs authority based on which movement of cash and (or) monetary instruments is suspended bears the body which provided this information.

If necessary, for the purpose of identification of person, movement by which of cash and (or) monetary instruments needs to be suspended, customs authorities of the Party interact with other state bodies of this Party according to the legislation of this Party.

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