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The document ceased to be valid since  November 25, 2016 according to Item 2 of the Resolution of the Ministry of Justice of the Republic of Belarus of October 4, 2016 No. 183

RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of December 31, 2014 No. 256

About some questions of the internal control exercised by the organizations rendering realtor services, the organizations and the individual entrepreneurs rendering legal services, lawyers and lawyer bureaus

(as amended on 22-01-2016)

Based on paragraph two of part two of article 16 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" and Item 11 of the Regulations on the Ministry of Justice of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1605, the Ministry of Justice of the Republic of Belarus DECIDES:

1. Approve the enclosed Standard rules of the internal control exercised by the organizations rendering realtor services, the organizations and the individual entrepreneurs, lawyers and lawyer bureaus rendering legal services (legal aid).

2. Recognize invalid:

the resolution of the Ministry of Justice of the Republic of Belarus of June 28, 2006 No. 33 "About approval of Standard rules of the internal control exercised by lawyers, the realtor organizations, the organizations and individual entrepreneurs rendering legal services" (The national register of legal acts of the Republic of Belarus, 2006, No. 110, 8/14662);

subitem 1.2 of Item 1 of the resolution of the Ministry of Justice of the Republic of Belarus of September 21, 2010 No. 62 "About modification and amendments in some resolutions of the Ministry of Justice of the Republic of Belarus concerning prevention of legalization of income gained in the criminal way and financing of terrorist activities" (The national register of legal acts of the Republic of Belarus, 2010, No. 289, 8/22998).

3. This resolution becomes effective after its official publication.

Minister

O. L. Slizhevsky

Approved by the Resolution of the Ministry of Justice of the Republic of Belarus of December 31, 2014 No. 256

Standard rules of the internal control exercised by the organizations rendering realtor services, the organizations and the individual entrepreneurs, lawyers and lawyer bureaus rendering legal services (legal aid)

1. These Standard rules determine procedure of measures for prevention and identification of the financial transactions connected with legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction:

the organizations which are rendering realtor services and taking part in the transactions connected with purchase and sale of real estate for the client (further - the organizations rendering realtor services);

the organizations and the individual entrepreneurs, lawyers and lawyer bureaus rendering the legal services (legal aid) connected with creation of the organizations or participation in management of them, acquisition or sale of the company as property complex, making from name and (or) at the request of the client of financial transactions, cash management or other property (further respectively - the organizations and the individual entrepreneurs rendering legal services, lawyers, lawyer bureaus).

2. For the purpose of implementation of measures, these Standard rules specified in Item 1, the organizations rendering realtor services, the organizations and the individual entrepreneurs rendering legal services, lawyers, lawyer bureaus develop rules of internal control.

3. Rules of internal control are developed taking into account the general requirements established by the legislation, these Standard rules and also taking into account features of the licensed type of activity.

4. Rules of internal control affirm:

the head of the organization rendering realtor services;

the head of the organization rendering legal services;

the individual entrepreneur rendering legal services;

the lawyer performing lawyer activities in legal advice bureau;

managing partner of lawyer bureau;

the lawyer performing lawyer activities individually.

5. Rules of internal control shall include:

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;

procedure for application of measures of internal control for the purpose of prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction taking into account the revealed risks;

procedure for suspension of financial transaction;

procedure for identification of participants of financial transaction and updating (updating) of information about them;

procedure for documentary fixation of the financial transactions which are subject to special control;

procedure of monitoring of financial transactions of foreign public officials, officials of the public international organizations, persons holding the positions included in the list of the state positions, members of their families and persons which are brought closer to them and also the organizations which beneficial owners are specified persons;

procedure for ensuring storage and confidentiality of information;

requirements to qualification and training of officials, actionees of rules of internal control, other workers of persons performing financial transactions;

the criteria of identification and signs of suspicious financial transactions considering features of the licensed type of activity.

6. 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, the organizations rendering realtor services, the organizations and the individual entrepreneurs rendering legal services, lawyers and lawyer bureaus connected with legalization (further - persons performing financial transactions):

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.

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