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RESOLUTION OF THE STATE COMMITTEE ON PROPERTY OF THE REPUBLIC OF BELARUS

of December 31, 2014 No. 36

About approval of the Instruction about requirements to rules of internal control of the organizations for state registration of real estate, the rights to it and transactions with it

(as amended on 17-11-2020)

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" the State committee on property of the Republic of Belarus DECIDES: No. 165-Z

1. Approve the Instruction about requirements to rules of internal control of the organizations for state registration of real estate, the rights to it and transactions with it it (is applied).

2. This resolution becomes effective after its official publication.

Chairman

A. A. Gayev

Approved by the Resolution of the State committee on property of the Republic of Belarus of December 31, 2014 No. 36

The instruction about requirements to rules of internal control of the organizations for state registration of real estate, the rights to it and transactions with it

Chapter 1. General provisions

1. This Instruction determines requirements to the rules of internal control approved republican and the territorial organizations for state registration of real estate, the rights to it and transactions with it (further if other is not provided, - the organizations for state registration), including procedure for application of the measures connected with freezing of means and (or) blocking of financial transactions taking into account the general requirements and procedure established by Council of Ministers of the Republic of Belarus, and features of their activities.

2. For the purposes of this Instruction terms and their determinations are used in the values determined in 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 of July 22, 2002 No. 133-Z "About state registration of real estate, the rights to it and transactions with it".

Chapter 2. Organization of internal control

3. Internal control is exercised using risk - the oriented approach based on the rules of internal control determined by the organizations for state registration.

The procedure for application by the organizations for state registration 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:

acceptance of necessary organizational measures for the purpose of implementation of effective internal control, including carrying out the analysis of application of measures of internal control, including concerning the branches and other separate divisions;

carrying out identification, verification of participants of financial transactions, updating (updating) of data on them according to article 8 of the Law of the Republic of Belarus "About measures for prevention of legalization of the income obtained 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 9-1 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" 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 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";

evaluating 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 with documentary fixation at least once in three years of the bases, procedures and results of such assessment and their maintenance in urgent condition;

determination and evaluating 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, to implementation of new services, change of essential conditions or methods of rendering services, implementation of new technologies for implementation of financial transactions;

storage of data and documents (their copies or images created by scanning, either photographic images, or the video images (further - images) received as a result of identification of clients, their representatives, and also other data and documents, obtaining (creation) of which is stipulated by the legislation and (or) rules, or the copies or images replacing them according to the paragraph the fourteenth parts one of article 6 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".

The basic principle of the organization of internal control is participation of employees of the organization for state registration within their job responsibilities in ensuring accomplishment of the obligations assigned to persons performing financial transactions, 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".

4. Rules of internal control of the organizations for state registration shall include the provisions provided by part three of article 5 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".

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