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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

(The last edition from 22-12-2016)

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" the State committee on property of the Republic of Belarus DECIDES:

1. Approve the enclosed 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.

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 procedure 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) internal control by 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 including procedure for application of the measures connected with freezing of means and (or) blocking of financial transactions.

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 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) and in the Law of the Republic of Belarus of July 22, 2002 "About state registration of real estate, the rights to it and transactions with it" (The national register of legal acts of the Republic of Belarus, 2002, No. 87, 2/882).

Chapter 2. Organization of internal control

3. Internal control is directed to the organizations for state registration on:

non-admission of intentional or involuntary involvement of the organization for state registration in process of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction;

timely submission according to the legislation of data on the financial transactions which are subject to special control to body of financial monitoring;

ensuring confidentiality of the fixed information on financial transactions and their participants.

The basic principle of the organization of internal control is participation of all employees of the organization for state registration within their job responsibilities in the course of identification of participants of financial transaction and identification of the financial transactions which are subject to special control.

4. Internal control is implemented in the following main directions:

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

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

application of the measures connected with freezing of means and (or) blocking of financial transactions in cases, the stipulated in Article 9-1 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", informing the owner or owner of means, the participant of financial transaction, body of financial monitoring about freezing and (or) blocking of financial transaction.

5. In the organization for state registration the official from among heads of the organization, responsible for accomplishment of rules of internal control which functions treat is designated:

check of correctness of filling with registrars of special forms of registration of the financial transactions which are subject to special control (further - the special form), and also timeliness of their submission to body of financial monitoring (with such powers established by the rules of internal control approved by the organization for state registration);

decision making about the direction of the special form in body of financial monitoring (with such powers established by the rules of internal control approved by the organization for state registration);

rendering the methodological help to the registrar in decision making about recognition of financial transaction suspicious (not suspicious) and submission of information about her to body of financial monitoring, and also further actions concerning the participant of financial transaction;

decision making about freezing or defrosting of means;

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