of March 5, 2015 No. 12
About some questions of implementation of internal control
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", Item 10 of the Regulations on the Ministry of Finance of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1585 "Questions of the Ministry of Finance of the Republic of Belarus", the Ministry of Finance of the Republic of Belarus DECIDES:
1. Approve the enclosed Standard rules of internal control for persons performing financial transactions.
2. Recognize invalid:
the resolution of the Ministry of Finance of the Republic of Belarus of March 17, 2006 No. 27 "About approval of Standard rules of internal control by persons performing financial transactions which activities are controlled by the Ministry of Finance of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2006, No. 111, 8/14690);
Item 7 of the resolution of the Ministry of Finance of the Republic of Belarus of February 27, 2008 No. 26 "About modification and amendments in some resolutions of the Ministry of Finance of the Republic of Belarus and recognition No. 150 which voided resolutions of the Ministry of Finance of the Republic of Belarus of December 5, 2006" (The national register of legal acts of the Republic of Belarus, 2008, No. 67, 8/18354);
the resolution of the Ministry of Finance of the Republic of Belarus of February 9, 2009 No. 9 "About entering of amendment and changes into the resolution of the Ministry of Finance of the Republic of Belarus of March 17, 2006 No. 27" (The national register of legal acts of the Republic of Belarus, 2009, No. 80, 8/20524);
the resolution of the Ministry of Finance of the Republic of Belarus of September 23, 2010 No. 101 "About modification and amendments in the resolution of the Ministry of Finance of the Republic of Belarus of March 17, 2006 No. 27 and recognition of the voided resolution of Committee on securities under Council of Ministers of the Republic of Belarus of April 10, 2006 No. 08/P" (The national register of legal acts of the Republic of Belarus, 2010, No. 239, 8/22806).
3. This resolution becomes effective after its official publication.
Minister
V. V. Amarin
Approved by the Resolution of the Ministry of Finance of the Republic of Belarus of March 5, 2015 No. 12
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 persons performing financial transactions, control of which activities is exercised by the Ministry of Finance of the Republic of Belarus (further - persons performing financial transactions).
For the purposes of these Standard rules are understood as persons performing financial transactions:
professional participants of the security market, including stock exchanges;
persons performing trade in precious metals and gemstones;
pawnshops, buying up Items regarding implementation of activities with precious metals and gemstones;
auditing organizations, the auditors performing activities as individual entrepreneurs, rendering the professional services on financial accounting and creation of the accounting and (or) financial reporting connected with making from name and (or) at the request of the client of financial transactions;
insurance companies and insurance brokers;
organizers of lotteries and video interactive games.
2. Persons performing financial transactions develop rules of internal control (further - Rules) 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 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 shall include the requirements 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".
4. Persons performing financial transactions, in case of implementation of 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 (further - risks):
determine and classify risks;
perform risks assessment, including risk of work with the client, on risk scale which cannot consist less than of two degrees (low, high), taking into account the factors influencing increase (lowering) in degree of risks;
determine and classify factors of the risks influencing increase (lowering) in degree of risks.
The risks assessment is performed by assignment of risk degree (high, low) to the client taking into account requirements to its identification made before acceptance on servicing in process of making of financial transactions and in other cases.
5. The factors of risks influencing increase (lowering) in risk degree of work with the client can be classified on:
to type of the client and set of information about him;
to type of the financial transaction performed by the client;
to method of implementation by the client of financial transaction;
to the countries and geographical regions of the residence (location) of the client (place of implementation of activities of the client);
to other factors.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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The document ceased to be valid since December 15, 2016 according to Item 2 of the Resolution of the Ministry of Finance of the Republic of Belarus of November 4, 2016 No. 96