RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of September 16, 2016 No. 735

About approval of the Regulations on procedure for application of the measures connected with freezing of means and (or) blocking of financial transactions of persons involved in terrorist activities

Based on the paragraph of the eleventh No. 165-Z "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 Council of Ministers of the Republic of Belarus DECIDES: parts one of article 6 of the Law of the Republic of Belarus of June 30, 2014

1. Approve Regulations on procedure for application of the measures connected with freezing of means and (or) blocking of financial transactions of persons involved in terrorist activities it (is applied).

2. This resolution becomes effective since September 18, 2016.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of September 16, 2016 No. 735

Regulations on procedure for application of the measures connected with freezing of means and (or) blocking of financial transactions of persons involved in terrorist activities

1. This Provision determines procedure for application by persons performing financial transactions, the measures connected with freezing of means and (or) blocking of financial transactions for the purpose of prevention of financing of terrorist activities and financing of distribution of weapons of mass destruction.

2. For the purposes of this provision terms 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" are used (further – the Law).

The term "electronic document" is used in the value determined by article 1 of the Law of the Republic of Belarus of December 28, 2009 No. 113-Z "About the electronic document and the digital signature".

3. The basis for application of the measures connected with freezing of means and (or) blocking of the financial transactions specified in part three of article 91 of the Law is inclusion of the organization, physical person, including individual entrepreneur, in the list of the organizations and physical persons involved in terrorist activities determined in accordance with the established procedure (further - the list).

4. Persons performing financial transactions (except for persons performing financial transactions which are not the organizations), independently determine person (persons) in whose obligations (which) enter identification of persons to whom measures for freezing of means and (or) blocking of financial transactions, and also decision making about freezing of means and (or) blocking of financial transactions shall be applied.

5. Persons performing financial transactions in case of identification of participants of financial transactions according to article 8 of the Law carry out verification of presence among participants of financial transactions or beneficiaries on financial transactions of the organizations, physical persons, including the individual entrepreneurs included in the list, and when carrying out identification of clients organizations - also verification of presence among their beneficial owners of the physical persons included in the list and in case of identification of such persons is applied by the measures connected with freezing of means and (or) blocking of financial transactions, specified in part three of article 9-1 of the Law.

6. For increase in efficiency of procedures of identification of persons to which measures for freezing of means and (or) blocking of financial transactions shall be applied persons performing financial transactions can use technical means and program methods taking into account the requirements to rules of internal control determined by the state bodies and public institutions "Secretariat of the Supervisory board of the Park of high technologies" exercising control of activities of persons performing financial transactions according to article 16 of the Law (further – the state bodies and public institution "Secretariat of the Supervisory board of the Park of high technologies" exercising control).

7. The state bodies and public institution "Secretariat of the Supervisory board of the Park of high technologies" exercising control taking into account the procedure established by this Provision, and also features of activities of persons performing financial transactions determine procedure for application of the measures specified in part three of article 9-1 of the Law in requirements to rules of internal control.

8. The body of financial monitoring issues the decree on freezing of means and (or) blocking of financial transactions in form according to appendix 1 if adequate measures are not taken by person performing financial transactions. The specified resolution goes to the person performing financial transactions in the form of the electronic document or on paper without delay, but no later than the working day following behind day of its removal.

9. The resolution of body of financial monitoring on freezing of means and (or) blocking of financial transactions is performed by person performing financial transactions, instantly.

10. On each fact of freezing of means or blockings of financial transaction, including based on the resolution of body of financial monitoring, persons performing financial transactions inform body of financial monitoring by the direction of the special form of registration of the financial transaction which is subject to special control (further - the special form), in the terms established by the legislation.

11. Freezing of means is performed without preliminary informing the owner or the owner of means.

The procedure for informing the owner or owner of means, the participant of financial transaction about freezing of means and (or) blocking of financial transaction is established in rules of internal control taking into account the requirements to rules of internal control determined by the state bodies and public institutions "Secretariat of the Supervisory board of the Park of high technologies" exercising control.

Informing the owner or owner of means, the participant of financial transaction about the direction of the special form in body of financial monitoring is forbidden.

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