of August 26, 2004 No. 660-II
About counteraction of legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of weapons of mass destruction
The purpose of this Law is relations management in the field of counteraction of legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of weapons of mass destruction.
Operation of this Law extends to citizens of the Republic of Uzbekistan, foreign citizens and stateless persons, legal entities, their branches and representations performing transactions with money or other property in the territory of the Republic of Uzbekistan and beyond its limits according to international treaties of the Republic of Uzbekistan and also the state bodies exercising control in the territory of the Republic of Uzbekistan of carrying out transactions with money or other property.
The legislation on counteraction of legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of weapons of mass destruction consists of this Law and other acts of the legislation.
If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about counteraction of legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of weapons of mass destruction then are applied rules of the international treaty.
In this Law the following basic concepts are applied:
income gained from criminal activities - the money and other property received as a result of crime execution and also any profit or benefit received from use of such property, and equally turned or transformed fully or partially to other property or attached to the property acquired at the expense of legal sources;
legalization of income gained from criminal activities - the penal socially dangerous act representing giving of lawful type to origin of money or other property by their translation, transformation or exchange, and concealment or concealment of authentic nature, source, the location, method of the order, movement, the authentic rights concerning money or other property or its accessory is equal if money or other property are received as a result of criminal activities;
freezing of money or other property - prohibition on the translation, conversion, the order or movement of cash or other property;
transaction suspension - suspension of execution of orders of the client about transfer, conversion, transfer to ownership and use to other persons of money or other property, and also making of other legally significant actions;
terrorism financing - the penal socially dangerous act aimed at providing existence, functioning, financing of the terrorist organization, trip abroad or movement through the territory of the Republic of Uzbekistan for participation in terrorist activities, preparation and making of act of terrorism, direct or indirect provision or collection of any means, resources, other services to the terrorist organizations or persons helping or participating in terrorist activities;
financing of distribution of weapons of mass destruction - provision or collection of any means, resources, other services for the purpose of development, productions, acquisitions, accumulatings, storages, sale, use nuclear, chemical, biological and other types of weapon of mass destruction, materials and the equipment which can be obviously used during its creation.
Treat the measures directed to counteraction of legalization of income gained from criminal activities, to financing of terrorism and financing of distribution of weapons of mass destruction:
the control exercised by specially authorized state body;
internal control;
measures for proper check of clients;
measures for identification, assessment and decrease in risks.
The control exercised by specially authorized state body - set of the measures taken by specially authorized state body on verification of information provided by the organizations performing transactions with money or other property and to implementation of other powers according to this Law.
Internal control is organization activity, performing transactions with money or other property, on identification of the transactions which are subject to the message in specially authorized state body.
When carrying out internal control the procedure for execution of necessary information, ensuring its confidentiality, qualification requirements to preparation and personnel training, and also criteria of identification and signs of the transactions with money or other property which are subject to the message in specially authorized state body are determined.
Rules of internal control for the organizations performing transactions with money or other property are developed and affirm the relevant controlling, licensing and registering bodies jointly with specially authorized state body, and in case of lack of those - specially authorized state body.
Monitoring and control of observance of rules of internal control are performed by the bodies which approved these rules and also specially authorized state body.
The organizations performing transactions with money or other property shall take independently measures for proper check of clients in case of:
establishment of the economic, civil relations in the cases determined by rules of internal control;
implementation of one-time transactions with money or other property in the cases determined by rules of internal control;
implementation of suspicious transactions;
availability of doubts concerning reliability of earlier obtained data on the identity of the client.
The measures for proper check of the client taken by the organizations performing transactions with money or other property surely include:
check of the personality and powers of the client and persons, on behalf of which he acts, based on the relevant documents;
identification of the owner or person controlling the client - the legal entity, by studying of structure of property and management based on constituent documents;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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