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The document ceased to be valid since  November 25, 2016 according to Item 3 of the Resolution of the Ministry of Justice of the Republic of Belarus of October 4, 2016 No. 184

RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of December 31, 2014 No. 257

About some questions of the internal control exercised by notaries

(as amended of the Resolution of the Ministry of Justice of the Republic of Belarus of 18.02.2015 No. 29)

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 notaries.

2. To the Belarusian notarial chamber:

provide development by notaries of rules of the internal control exercised by notaries according to Standard rules of the internal control exercised by the notaries approved by this resolution;

provide holding actions of information nature for the purpose of informing notaries on requirements of the legislation regulating questions of prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction;

take other measures for implementation of this resolution.

3. Recognize invalid:

the resolution of the Ministry of Justice of the Republic of Belarus of June 5, 2006 No. 27 "About approval of Standard rules of the internal control exercised by notaries" (The national register of legal acts of the Republic of Belarus, 2006, No. 105, 8/14595);

subitem 1.2 of Item 1 of the resolution of the Ministry of Justice of the Republic of Belarus of April 28, 2010 No. 28 "About modification and amendments in some resolutions of the Ministry of Justice of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2010, No. 120, 8/22304);

subitem 1.1 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).

4. 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. 257

Standard rules of the internal control exercised by notaries

1. These Standard rules determine procedure of measures for prevention and identification of the financial transactions connected with legalization of the income gained in the criminal way, financing of terrorist activities and financing of distribution of weapons of mass destruction accepted by notaries when implementing of notarial activities by them.

2. Rules of the internal control exercised by notaries (further - rules of internal control), are determined by notaries based on 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" (The national legal Internet portal of the Republic of Belarus, 03.07. 2014, 2/2163), resolutions of Council of Ministers of the Republic of Belarus of December 24, 2014 No. 1249 "About establishment of general requirements to rules of internal control" (The national legal Internet portal of the Republic of Belarus, 01.01. 2015, 5/39931), resolutions of Council of Ministers of the Republic of Belarus of March 16, 2006 No. 367 "About approval of form of the special form of registration of the financial transaction which is subject to special control, and the Instruction about procedure for filling, transfer, registration, accounting and storage of special forms of registration of the financial transactions which are subject to special control" (The national register of legal acts of the Republic of Belarus, 2006, No. 53, 5/22072), these Standard rules and other acts of the legislation.

3. Rules of internal control 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 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 persons and the organizations specified in the paragraph the fifteenth to part one of article 6 of 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";

procedure for ensuring storage and confidentiality of information;

requirements to qualification and training of notaries;

criteria of identification and signs of suspicious financial transactions.

4. The notary whom addressed for implementation of financial transaction is person, the actionee of rules of internal control, and quarterly performs the analysis of procedure of internal control.

5. The procedure 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 is performed taking into account risk - the oriented approach according to article 5 of the Law of the Republic of Belarus "About measures for prevention of legalization of the income received in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction", by the resolution of Council of Ministers of the Republic of Belarus of December 24, 2014 No. 1249.

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