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AGREEMENT BETWEEN DEPARTMENT OF FINANCIAL MONITORING OF THE STATE CONTROL COMMITTEE OF THE REPUBLIC OF BELARUS AND FEDERAL SERVICE FOR FINANCIAL MONITORING (RUSSIAN FEDERATION)

of January 22, 2016

About interaction in the field of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing

The department of financial monitoring of the State Control Committee of the Republic of Belarus and Federal Service for Financial Monitoring (Russian Federation) which are hereinafter referred to as with the Parties

being guided by mutual interests in the field of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing, and also the criminal activities connected with it,

in view of need of implementation of cooperation most in an efficient manner,

agreed as follows:

Article 1

The parties perform interaction, including information exchange, according to provisions of this agreement, being effective within the competence with compliance with law and the international obligations of each of the states of the Parties.

Article 2

The parties perform interaction, including information exchange, at stages of collection, processing and analysis of information on transactions which is at their disposal with money or other property concerning which there are suspicions that they are connected with legalization (washing) of income gained in the criminal way, financing of terrorism and the criminal activities connected with it and also interaction on exchange of information about activities of the physical persons and legal entities participating in making of these transactions.

Article 3

1. Exchange of information is performed in writing, including as agreed by the parties by means of use of technical means of transfer of the text, on initiative or based on requests of the Parties.

2. The request includes:

a) the name of the requesting Party;

b) name of the required Party;

c) summary of being of request and its reasons (if the request is urgent, the requesting Party shall prove need of urgent request);

d) description of contents of required information;

e) purpose of use of required information;

e) other data necessary for its execution.

3. In case of need the required Party can request the additional information necessary for proper execution of request from the requesting Party.

Article 4

1. Performed by request it can be refused fully or partially if its execution can cause damage to sovereignty, safety, public order or other essential interests of the state of the required Party, contradicts the legislation and (or) the international obligations of the state of the required Party and also if on the facts specified in request legal proceedings in the state of the required Party are already conducted.

2. If the required Party makes the decision on refusal to solve query, then it notifies on it the requesting Party with indication of the reason of adoption of such decision.

Article 5

1. Information obtained within this agreement cannot be used without written consent the Party which provided it in other purposes, than for what it was requested and was provided.

2. Information obtained within this agreement is confidential, and the protection mode, stipulated by the legislation the states of the receiving party concerning similar information from national sources extends to it.

3. The parties, being guided by the legislation and the international obligations of each of the states of the Parties, perform the necessary organizational and technical measures directed to information security, received within this agreement, from accidental or illegal destruction, change, disclosure, and also from any other unauthorized use.

4. Information obtained within this agreement is stored not longer, than it is required by the purposes for which it was transferred. Information is liable to destruction according to legal acts of each of the states of the Parties.

Article 6

Information obtained within this agreement can be used in the pre-judicial and judicial purposes only concerning the cases connected with legalization (washing) of income gained in the criminal way, and terrorism financing, and also the criminal activities connected with it.

Article 7

1. The parties jointly determine procedure for information transfer according to the legislation of each of the states of the Parties and hold consultations concerning implementation of this agreement.

2. The parties can communicate on demand or on own initiative about the legislation of each of the states of the Parties in the field of counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing.

3. The parties according to the mutual arrangement can hold joint conferences and seminars for experience exchange and discussion of the questions which are of mutual interest.

4. This agreement does not interfere with development and development of other mutually acceptable forms of cooperation.

Article 8

Interaction and information exchange between the Parties is performed in Russian.

Article 9

According to the mutual arrangement of the Parties changes which are drawn up by separate protocols can be made to this agreement.

Article 10

The matters of argument arising at the Parties in case of interpretation and application of this agreement are permitted by consultations and negotiations between the Parties.

Article 11

Provisions of this agreement do not affect the rights and obligations following from other international treaties which participants are the Republic of Belarus and the Russian Federation.

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