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RESOLUTION OF THE MINISTRY OF COMMUNICATIONS AND INFORMATIZATION OF THE REPUBLIC OF BELARUS

of January 6, 2015 No. 1

About approval of the Instruction about requirements to rules of internal control of the operators of mail service performing financial transactions

(The last edition from 15-03-2019)

Based on paragraph two of part two of article 16 of the Law of the Republic of Belarus of June 30, 2014 No. 165-Z "About measures for prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction" of subitem 6.1 of Item 6 of the Regulations on the Ministry of Communications and Informatization of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of March 17, 2004 No. 302, the Ministry of Communications and Informatization of the Republic of Belarus DECIDES:

1. Approve the Instruction about requirements to rules of internal control of the operators of mail service performing financial transactions it (is applied).

2. Recognize invalid:

the resolution of the Ministry of Communications and Informatization of the Republic of Belarus of August 31, 2010 No. 16 "About modification and amendments in the resolution of the Ministry of Communications and Informatization of the Republic of Belarus of March 30, 2006 No. 9" (The national register of legal acts of the Republic of Belarus, 2010, No. 249, 8/22832);

the resolution of the Ministry of Communications and Informatization of the Republic of Belarus of December 30, 2013 No. 21 "About introduction of amendments to the resolution of the Ministry of Communications and Informatization of the Republic of Belarus of March 30, 2006 No. 9" (The national legal Internet portal of the Republic of Belarus, 18.02. 2014, 8/28352).

3. This resolution becomes effective after its official publication.

Deputy minister

N. M. Gordeenko

Approved by the Resolution of the Ministry of Communications and Informatization of the Republic of Belarus of January 6, 2015 No. 1

The instruction about requirements to rules of internal control of the operators of mail service performing financial transactions

1. Rules of internal control (further - rules) are developed by operators of mail service taking into account this Instruction and other regulatory legal acts and shall include the provisions provided by the Law of the Republic of Belarus "About measures for prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction".

2. The terms applied in this Instruction are used in the values determined in the Law of the Republic of Belarus "About measures for prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction".

3.  No. 17 is excluded according to the Resolution of the Ministry of Communications and Informatization of the Republic of Belarus of 31.10.2016

4. In case of establishment of procedures of risk management, income gained in the criminal way, the financing of terrorist activities and financing of distribution of weapons of mass destruction, operators of mail service connected with legalization:

determine and classify the risks connected with legalization of income gained in the criminal way, financing of terrorist activities and financing of distribution of weapons of mass destruction;

perform risks assessment, the income gained in the criminal way, financing of terrorist activities and financing of distribution of weapons of mass destruction, including risk of work with the client connected with legalization on risk scale which cannot consist less than of two degrees (low, high), taking into account the factors influencing increase (lowering) in degree of the risks connected with legalization of income gained in the criminal way, financing of terrorist activities and financing of distribution of weapons of mass destruction.

Implementation of financial transactions by foreign public officials, the officials of the public international organizations, persons holding the positions included in the list of the state positions of the Republic of Belarus determined by the President of the Republic of Belarus belongs to high risk, the states (territories) which do not implement the recommendation of Group of development of financial measures of anti-money laundering do not participate in international cooperation in the field of prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction, by persons determined in the list of the organizations and physical persons involved in terrorist activities (further - the list), or being under control of such persons. In case of high risk expanded measures of internal control for proper check of clients, business contacts and financial transactions of which the high risk is characteristic are applied.

Transfer of the international postal money transfers to the member countries of Universal Postal Union which signed the Agreement on mail payment services and fulfilling requirements of Group of development of financial measures of anti-money laundering belongs to low risk degree. In case of low risk degree the simplified measures of internal control when checking clients are applied (at the same time without refusing their carrying out completely).

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