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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of December 24, 2014 No. 818

About some questions of the internal control exercised by banks, the non-bank credit and financial organizations, "Development Bank of the Republic of Belarus" open joint stock company

(as amended on 15-02-2018)

Based on part one of article 39 of the Bank code of the Republic of Belarus, part two of Article 5 and in pursuance of paragraph two of article 19 of the Law of the Republic of Belarus of June 30, 2014 "About measures for prevention of legalization of income gained in the criminal way of financing of terrorist activities and financing of distribution of weapons of mass destruction" the Board of National Bank of the Republic of Belarus DECIDES:

1. Approve enclosed:

The instruction about requirements to rules of internal control of banks, the non-bank credit and financial organizations, "Development Bank of the Republic of Belarus" open joint stock company in the sphere of prevention of legalization of the income received in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction.

2. In six-months time after entry into force of this resolution to provide to banks, the non-bank credit and financial organizations and "Development Bank of the Republic of Belarus" open joint stock company completion of the electronic database of questionnaires of clients according to the Instruction about requirements to rules of internal control of banks, the non-bank credit and financial organizations, "Development Bank of the Republic of Belarus" open joint stock company in the sphere of prevention of legalization of the income received in the criminal way, financings of the terrorist activities and financing of distribution of weapons of mass destruction approved by this resolution.

3. This resolution becomes effective after its official publication.

Chairman of the board

N. A. Ermakova

Approved by the Resolution of Board of National Bank of the Republic of Belarus of December 24, 2014 No. 818

The instruction about requirements to rules of internal control of banks, the non-bank credit and financial organizations, "Development Bank of the Republic of Belarus" open joint stock company in the sphere of prevention of legalization of the income received in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction

Chapter 1. General provisions

1. This Instruction establishes requirements to rules of internal control of banks, non-bank credit and financial organizations, open joint stock company (further - joint stock company) "Development bank of the Republic of Belarus" (further, unless otherwise specified, - banks) in the sphere of prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction, except for requirements when making of the transactions initiated by physical persons and legal entities with non-deliverable off-exchange financial instruments which are established by other regulatory legal act of National Bank of the Republic of Belarus.

2. For the purposes of this Instruction terms in the values determined by the Law of the Republic of Belarus of June 30, 2014 "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" are used (The national legal Internet portal of the Republic of Belarus, 03.07. 2014, 2/2163), and also following terms and their determinations:

identification agents - persons performing identification of clients of bank, their representatives at the request of bank based on the agreement or the legal act;

the analyzed period - the interval of time averaging one calendar month determined by bank depending on type of the financial transactions performed by the client for which the bank analyzes financial transactions of the client at stage of the subsequent control;

the questionnaire of the client - data set in electronic form, collected by bank concerning the client during its identification and the verification containing the information about the client and his activities, the stipulated in Clause 8 Laws 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", by this Instruction and rules of internal control of bank;

questioning - creation of the questionnaire of the client by bank;

corresponding banks - banks with which banks establish correspondence relations with opening of the correspondent and (or) clearing account;

verification - the actions for check and (or) amendment of the data of the client received during identification performed by bank;

identification - set of actions for establishment the income determined by the Law of the Republic of Belarus "About measures for prevention of legalization gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction", by this Instruction and rules of internal control of databank about clients;

the client performing one-time transaction, - person, except for corresponding bank, performing financial transaction without the signed contract for implementation of financial transactions in writing;

the same financial transactions - the financial transactions of one type performed repeatedly during the analyzed period by one person or concerning the same person;

suspicious financial transaction - financial transaction concerning which the bank had suspicions that it is performed for the purpose of obtaining and (or) legalization of income gained in the criminal way, financings of terrorist activities, distribution or financing of distribution of weapons of mass destruction after adoption by bank of the decision on its reference to the financial transaction which is subject to special control;

the client's representative - person performing financial transactions on behalf of the client of bank which powers are confirmed according to the procedure, determined by the legislation, or appear from situation in which the representative acts;

systematicity of implementation of financial transactions - implementation by the client of financial transactions 3 and more times during the analyzed period;

special division - structural division of bank which competence includes implementation of measures in the sphere of prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction;

physical persons are the physical persons who are not individual entrepreneurs;

the financial transaction causing suspicion - financial transaction concerning which the bank had suspicions that it is performed for the purpose of obtaining and (or) legalization of income gained in the criminal way, financings of terrorist activities, distribution or financing of distribution of weapons of mass destruction before adoption by bank of the decision on reference its (not reference) to the financial transaction which is subject to special control.

The term "interbank system of identification" is used in the value determined by the Presidential decree of the Republic of Belarus of December 1, 2015 No. 478 "About development of digital banking technologies" (The national legal Internet portal of the Republic of Belarus, 03.12. 2015, 1/16129).

The terms "operator of cryptoplatform", "operator of exchange of cryptocurrencies", "digital sign (token)" are used in the values determined by the Decree of the President of the Republic of Belarus of December 21, 2017 No. 8 "About development of digital economy" (The national legal Internet portal of the Republic of Belarus, 27.12.2017, 1/17415).

3.  No. 495 is excluded according to the Resolution of Board of National Bank of the Republic of Belarus of 19.09.2016

Chapter 2. The organization of internal control system in the sphere of prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction

4. The internal control system of bank in the sphere of prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction will be organized within internal control system of bank and risk management system of bank and shall provide non-admission of intentional or involuntary involvement of bank in process of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction.

5. The basic principle of the organization of internal control system of bank in the sphere of prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction is participation of employees of bank within their job responsibilities in processes of identification of clients and their representatives, questioning of clients and identification of the financial transactions which are subject to special control.

6. The internal control system in the sphere of prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction is implemented in the following main directions:

identification and verification in cases, the stipulated by the legislation, all clients of bank performing financial transactions, monitoring of their activities in the course of servicing;

identification, documentary fixation of the financial transaction which is subject to special control and transfer of the corresponding data in body of financial monitoring;

storage of data and documents (their copies) during the term established by the legislation.

7. The bank develops rules of internal control of bank taking into account features of organizational structure of bank, nature and amount of the performed banking activities, and also level 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.

8. The special division shall perform the following functions:

development of rules of internal control;

development 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 connected with legalization;

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