RESOLUTION OF BOARD OF NATIONAL BANK OF TAJIKISTAN

of December 26, 2013 No. 314

About approval of the Instruction No. 204 "About procedure of translated transactions by physical persons without opening of bank accounts"

According to part 2 of article 3 of the Law of the Republic of Tajikistan "About banking activity" and article 4 and 8 of the Law of the Republic of Tajikistan "About currency control and currency exchange control", the Board of National Bank of Tajikistan decides:

1. Approve the Instruction No. 204 "About procedure of translated transactions by physical persons without opening of bank accounts" it (is applied).

2. In accordance with the established procedure to provide this Resolution to the Ministry of Justice of the Republic of Tajikistan for state registration and to enact after state registration and official publication.

3. Authorize the Director of the department of currency control (Mavlonov M.) in case of state registration of this Resolution in the Ministry of Justice of the Republic of Tajikistan if necessary to make to the text of appendix of this Resolution changes and amendments of editorial nature which are not changing it content.

4. Declare invalid Resolutions of Board of National Bank of Tajikistan of August 20, 2008, No. 331 "About approval of the Instruction "About procedure of translated transactions by physical persons without opening of currency accounts", registered in the Ministry of Justice of the Republic of Tajikistan, on September 26, 2008, No. 187 "v" and of November 14, 2008, No. 420 "About approval of Requirements to equipment of service points of money transfers".

5. To assign execution of Item 2 of this Resolution to Department of currency control (Mavlonov M. M.), Legal management (Davlatov Sh. F.) and Press service (Kurbanov A. M.).

6. To impose control of execution of this Resolution on the First Deputy Chairman of National Bank of Tajikistan J. Yusufiyon.

Approved by the Resolution of Board of National Bank of Tajikistan of December 26, 2013 No. 314

The instruction No. 204 "About procedure of translated transactions by physical persons without opening of bank accounts"

The instruction No. 204 "About procedure of translated transactions by physical persons without opening of bank accounts" (further - the Instruction) is developed according to part 2 of article 3 of the Law of the Republic of Tajikistan "About banking activity", articles 4 and 8 of the Law of the Republic of Tajikistan "About currency control and currency exchange control" and article 6 of the Law of the Republic of Tajikistan "About counteraction of legalization (washing) of income gained in the criminal way to financing of terrorism and financing of distribution of weapons of mass destruction" and establishes procedure and rules of implementation of translated transactions by physical persons without opening of bank accounts by means of authorized banks.

Chapter 1. General provisions

1. In the Instruction the concept "translated transactions" is meant as transfer by physical persons (residents and nonresidents) of money in currency to the Republic of Tajikistan, their obtaining and currency transfer from the Republic of Tajikistan without opening of bank accounts by them.

2. Physical persons can perform translated transactions through system of correspondence relations of authorized banks (the credit institutions making foreign currency transactions based on the license of National Bank of Tajikistan) or through regional and world money transfer systems in structural divisions of authorized banks.

Physical persons can perform translated transactions only for the translation or receipt of the money which is not connected with business activity (entrepreneurship or investment).

Physical persons can perform translated transactions or receipt of the money connected with business activity (entrepreneurship or investment) only by means of the bank accounts opened by them in authorized banks.

2-1. Authorized banks for implementation of translated transactions shall have software product, technical equipment and means of communication for creation of the single centralized electronic network connecting all organizations performing this operation to own operating system. This system shall have opportunity and capability of making, accounting, determination and establishment of each 135th translated transaction in single operating system of the center of bank servicing, branch, head office of authorized bank in real time (online) and to provide provision of the daily report on translated transactions in National Bank of Tajikistan in electronic form.

3. Authorized banks perform translated transactions in operational cash desk of head office, branch or the center of bank servicing (further - operational cash desk). These structural divisions on an equal basis with translated transactions, also perform in accordance with the established procedure and exchange transactions with cash.

4. Authorized banks for implementation of translated and exchange transactions shall provide in accordance with the established procedure the operational cash desks with sufficient amount of cash foreign and national currency.

5. Authorized banks (their branches) shall ensure in accordance with the established procedure safety of activities of operational cash desks and their workers when implementing translated and exchange transactions.

6. Employees of operational cash desks - the cashier, the senior teller, the operator-controller or the controller are staff employees of authorized banks (their branches). Hiring of these workers on other conditions is not allowed.

7. The employees of authorized bank who are engaged in translated transactions shall know procedure and rules of implementation of financial accounting, accounting and the reporting of translated and exchange transactions, and also execution of the document confirming implementation of transactions, to have knowledge and skills of determination of authenticity and solvency of foreign and national currency, identification of suspicious transactions and provision of information on these transactions, the organization and conducting document flow, safety of values and safety when carrying out transactions.

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