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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of September 19, 2016 No. 494

About approval of the Instruction about requirements to rules of internal control of the organizations performing financial transactions in the sphere of prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction

(as amended of the Resolution of Board of National Bank of the Republic of Belarus of 19.11.2020 No. 366)

Based on part one of article 39 of the Bank code of the Republic of Belarus, 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 Board of National Bank of the Republic of Belarus DECIDES: No. 165-Z

1. Approve the Instruction about requirements to rules of internal control of the organizations performing financial transactions in the sphere of prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction it (is applied).

2. Declare invalid the resolution of Board of National Bank of the Republic of Belarus of December 15, 2014 No. 771 "About approval of Standard rules of internal control for the leasing organizations" (The national legal Internet portal of the Republic of Belarus, 06.02. 2015, 8/29580).

3. This resolution becomes effective after its official publication.

Chairman of the board

P.V.Kallaur

 

Approved by the Resolution of Board of National Bank of the Republic of Belarus of September 19, 2016 No. 494

The instruction about requirements to rules of internal control of the organizations performing financial transactions in the sphere of prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction

Chapter 1. General provisions

1. This Instruction determines requirements to rules of internal control of the leasing organizations, microfinancial organizations and other legal entities who according to legal acts have the right to perform microfinancial activities, including buying up Items regarding implementation of microfinancial activities by them (further - the microfinancial organizations), Forex companies, National Forex center, banks and the non-bank credit and financial organizations regarding implementation by them of activities for implementation of the transactions initiated by physical persons and legal entities with non-deliverable off-exchange financial instruments (activities in the Forex curb market) (further, unless otherwise specified, - the organizations performing financial transactions) in the sphere of prevention of 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 by the organizations performing financial transactions, the measures connected with freezing of means and (or) blocking of financial transactions.

2. For the purposes of this Instruction 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" and also the following terms and their determinations are used:

the analyzed period - the interval of time averaging one calendar month for which the organization performing financial transactions analyzes financial transactions of the client at stage of the subsequent control;

the questionnaire of the client - data set, collected by the organization performing financial transactions concerning the client during its identification and verification, including data on the client and his activities, the stipulated in Clause 8 Laws 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", by this Instruction and rules of internal control;

questioning - creation by the organization performing financial transactions, questionnaires of the client;

the commercial microfinancial organizations - the legal entities specified in subitems 2.1 and 2.3 of Item 2 of the Presidential decree of the Republic of Belarus of October 23, 2019 to No. 394 "About provision and attraction of loans";

the non-profit microfinancial organizations - the legal entities specified in subitem 2.2 of Item 2 of the Presidential decree of the Republic of Belarus of October 23, 2019 to No. 394;

suspicious financial transaction - financial transaction concerning which the organization performing financial transactions had suspicions that it is performed for the purpose of legalization of income gained in the criminal way, financings of terrorist activities or financing of distribution of weapons of mass destruction after acceptance by the organization performing financial transactions, decisions on its reference to the financial transaction which is subject to special control;

systematicity of implementation of financial transactions - implementation by the client of the organization performing financial transactions, financial transactions three and more times during the analyzed period;

the financial transaction causing suspicion - financial transaction concerning which the organization performing financial transactions had suspicions that it is performed for the purpose of legalization of income gained in the criminal way, financings of terrorist activities or financing of distribution of weapons of mass destruction before acceptance by the organization performing financial transactions, decisions on reference its (not reference) to the financial transaction which is subject to special control;

financial service - the service provided by the organization performing financial transactions within leasing, microfinancial activities, activities for implementation of the transactions initiated by physical persons with non-deliverable off-exchange financial instruments (activities in the Forex curb market).

The term "bank holding" is used in the value determined in part three of article 35 of the Bank code of the Republic of Belarus.

3. Rules of internal control shall include:

procedures 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 including:

procedure for carrying out internal risks assessment, the income connected with legalization gained in the criminal way, financing of terrorist activities and financing of distribution of weapons of mass destruction;

procedure for holding actions for monitoring, the analysis and control of risk of implementation by clients of financial transactions for the purpose of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction (further - risk of work with the client) and risk of use of the provided financial services for the purpose of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction (further - risk of financial service) the organizations performing financial transactions with indication of frequency of carrying out;

procedure for application of measures of internal control for the purpose of prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction taking into account the revealed risks;

procedure for freezing of means and (or) blockings of financial transactions, and also informing the owner or the owner of means, the participant of financial transaction about freezing of means and (or) blocking of financial transaction;

procedure for 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";

procedure of monitoring of money transfers in (from) the state(s) (on (c) the territory(territories) which (which) does not implement the recommendation of Group of development of financial measures of anti-money laundering (further - FATF) does not participate in international cooperation in the sphere of prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction;

procedure for identification of participants of financial transaction, verification and updating (updating) of data on clients;

procedure for completion of identification of participants of financial transaction after the conclusion of the contract for implementation of financial transactions in writing, including the agreement signed the digital signature, in electronic form without use, in the cases provided by legal acts (further - the contract for implementation of financial transactions in writing);

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