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RESOLUTION 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

(as amended on 15-09-2016)

Based on part two of Article 5 and 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 Council of Ministers of the Republic of Belarus DECIDES:

1. Establish general requirements to rules of internal control according to appendix.

2. Recognize invalid:

the resolution of Council of Ministers of the Republic of Belarus of March 16, 2006 No. 352 "About general requirements to rules of internal control" (The national register of legal acts of the Republic of Belarus, 2006, No. 52, 5/22052);

the resolution of Council of Ministers of the Republic of Belarus of September 21, 2010 No. 1356 "About modification and amendments in the resolution of Council of Ministers of the Republic of Belarus of March 16, 2006 No. 352" (The national register of legal acts of the Republic of Belarus, 2010, No. 226, 5/32513).

3. This resolution becomes effective since January 4, 2015.

Prime Minister of the Republic of Belarus

M. Myasnikovich

Appendix

to the Resolution of Council of Ministers of the Republic of Belarus of December 24, 2014 No. 1249

General requirements to rules of internal control

1. Rules of internal control (further - rules) are determined by persons performing financial transactions taking into account these general requirements to rules of internal control and the requirements to rules of internal control determined by the state bodies controlling activities of persons performing financial transactions (further - authorized state bodies).

Rules shall include the provisions provided 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" (The national legal Internet portal of the Republic of Belarus, 03.07. 2014, 2/2163) (further - the Law).

2. The terms applied in these general requirements to rules of internal control are used in the values determined in the Law.

3. 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, persons performing financial transactions 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.

The risk factors influencing increase (lowering) in risk degree of work with the client can be classified by type (profile) of the client and set of information about him, types of the financial transactions performed by it, geographical regions of the residence (location), the place of implementation of activities and other factors.

The system (technique) of risks assessment, the income connected with legalization gained in the criminal way, financing of terrorist activities and financing of distribution of weapons of mass destruction is developed by persons performing financial transactions taking into account features of their activities.

Depending on risk degree, connected with legalization of income gained in the criminal way, financing of terrorist activities and financing of distribution of weapons of mass destruction, rules shall provide adequate measures of internal control.

The list of measures of internal control is determined by persons performing financial transactions, depending on risk degree, connected with legalization of income gained in the criminal way, financing of terrorist activities and financing of distribution of weapons of mass destruction and taking into account features of their activities.

Depending on risk degree of work with the client of the rule shall provide procedure and frequency of implementation of monitoring of financial transactions of clients, their representatives.

4. The procedure for application of measures of internal control for the purpose of prevention of legalization of income gained in the criminal way, financing of terrorist activities and financing of distribution of weapons of mass destruction shall provide the following main directions:

carrying out identification of participants of financial transactions in cases, stipulated by the legislation;

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 of the Republic of Belarus determined by the President of the Republic of Belarus, members of their families and persons which are brought closer to them and also the organizations which beneficial owners are specified persons, according to the operating procedure established by rules with information on these persons;

monitoring cash (bank, post) the translations in (from) the state (on (c) the territory) which (which) does not implement the recommendation of Group of development of financial measures of anti-money laundering (FATF) does not participate in international cooperation 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;

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

freezing of means and (or) blocking of financial transactions in the cases determined in article 91 of the Law and also informing the owner or owner of means, the participant of financial transaction about freezing of means and (or) blocking of financial transaction;

execution of decisions of body of financial monitoring on suspension and renewal of financial transactions in the cases provided by the Law;

suspension and (or) refusal in implementation of financial transaction, refusal of accomplishment of the order of the sender (payer), refusal in the conclusion of the contract for implementation of financial transactions in writing in cases and procedure, stipulated by the legislation;

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