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The document ceased to be valid since  December 11, 2016 according to Item 2 of the Resolution of the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of October 20, 2016 No. 36

RESOLUTION OF THE MINISTRY OF TRADE OF THE REPUBLIC OF BELARUS

of December 31, 2014 No. 46

About approval of Standard rules of the internal control exercised by commodity exchanges

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, financings of terrorist activities and financing of distribution of weapons of mass destruction", subitem 5.6 of Item 5 of the Regulations on the Ministry of Trade of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of June 25, 2013 No. 527 "Questions of the Ministry of Trade of the Republic of Belarus", the Ministry of Trade of the Republic of Belarus DECIDES:

1. Approve the enclosed Standard rules of the internal control exercised by commodity exchanges.

2. This resolution becomes effective after its official publication.

Minister

V. S. Chekanov

Approved by the Resolution of the Ministry of Trade of the Republic of Belarus of December 31, 2014 No. 46

Standard rules of the internal control exercised by commodity exchanges

1. These Standard rules determine:

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 taking into account features of activities of commodity exchanges;

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;

officials, actionees of rules of internal control (further - responsible officials), and their obligations, obligation of the corresponding officials and other employees of commodity exchange performing functions of internal control (further - persons exercising internal control), requirements to their qualification and preparation;

procedure for suspension of financial transaction in the case determined by the paragraph the eleventh parts one of article 6 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, 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);

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

criteria of identification and signs of suspicious financial transactions taking into account features of activities of commodity exchanges;

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

procedure for ensuring storage and confidentiality of information.

2. Action of these Standard rules extends to the commodity exchanges created according to the Law of the Republic of Belarus of January 5, 2009 "About commodity exchanges" (The national register of legal acts of the Republic of Belarus, 2009, No. 31, 2/1562) and performing activities in the territory of the Republic of Belarus.

3. The terms applied in these Standard rules are used in the values determined 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" and the Law of the Republic of Belarus "About commodity exchanges".

4. For the purposes of these Standard rules to financial transaction the stock exchange transaction, and concerns to participants of financial transaction - the legal entity of the Republic of Belarus, the foreign and international legal entity (the organization, not being the legal entity) or the physical person accredited or accredited by commodity exchange for participation in the exchange biddings and the conclusions of stock exchange transactions as visitors of the exchange biddings or exchange brokers based on agreements on exchange servicing, and also clients of the exchange broker.

5. Rules of internal control are developed by commodity exchanges taking into account these Standard rules 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".

6. 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 include set of the actions taken by commodity exchange directed to determination, classification, assessment, monitoring of such risks and their minimization by means of acceptance by commodity exchange when implementing financial transactions of the following measures of internal control:

6.1. identification of participants of financial transactions;

6.2. the analysis of the documents (data) provided by the participant of financial transaction in case of its identification, including comparison of information containing in them to information, available commodity exchange;

6.3. updating (updating) of information on participants of financial transactions received in the course of their identification;

6.4. reference of the revealed financial transactions to different risk degrees, review by earlier established commodity exchange of risk degree, including based on the made changes in:

list of the state positions of the Republic of Belarus;

the list of the persons participating in terrorist activities involved in distribution of weapons of mass destruction or being under control of such persons;

the list of the states (territories) which do not implement the recommendation of Group of development of financial measures of anti-money laundering (further - recommendations of FATF) 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;

6.5. registration of the financial transactions which are subject to special control;

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