Instruction No. 204 on the Procedure for Carrying Out Money Transfer Operations by Individuals Without Opening Bank Accounts

«Registered» «Approved» By the Ministry of Justice / By Resolution No. [X] of the Board of Directors of the Republic of Tajikistan / the National Bank of Tajikistan No. 187 "g" dated April 22, 2014 / No. 314 dated December 26, 2013 Amendments and Additions / Amendments and Additions «Registered» «Approved» By the Ministry of Justice / By Resolution No. [X] of the Board of Directors of the Republic of Tajikistan / the National Bank of Tajikistan No. 184 "d" dated May 31, 2016 / No. 219 dated October 22, 2015 Amendments and Additions / Amendments and Additions «Registered» «Approved» By the Ministry of Justice / By Resolution No. [X] of the Board of Directors of the Republic of Tajikistan / the National Bank of Tajikistan No. 184 "e" dated March 2, 2018 / No. 3 dated January 30, 2018 Instruction No. 204 "On the Procedure for Carrying Out Money Transfer Operations by Individuals Without Opening Bank Accounts" Instruction No. 204 "On the Procedure for Carrying Out Money Transfer Operations by Individuals Without Opening Bank Accounts" (hereinafter – the Instruction) was developed in accordance with Part 2 of Article 3 of the Law of the Republic of Tajikistan "On Banking Activity", Articles 4 and 8 of the Law of the Republic of Tajikistan "On Currency Regulation and Currency Control", and Article 6 of the Law of the Republic of Tajikistan "On Countering the Legalization (Money Laundering) of Income Obtained by Criminal Means, Financing of Terrorism and Financing of the Proliferation of Weapons of Mass Destruction", and establishes the procedure and rules for carrying out money transfer operations by individuals without opening bank accounts through authorized banks.

CHAPTER 1. GENERAL PROVISIONS

1. In this Instruction, "money transfer operations" refers to the transfer by individuals (residents and non-residents) of funds in foreign currency into the Republic of Tajikistan, their receipt, and the transfer of foreign currency from the Republic of Tajikistan without opening bank accounts.
2. Individuals may carry out money transfer operations through the correspondent banking system of authorized banks (credit organizations conducting foreign currency operations based on a license from the National Bank of Tajikistan) or through regional and global money transfer systems in structural subdivisions of authorized banks. Individuals may carry out money transfer operations only for the transfer or receipt of funds not related to commercial activities (entrepreneurship or investment). Individuals may carry out money transfer operations or receive funds related to commercial activities (entrepreneurship or investment) only through bank accounts opened by them in authorized banks.
3. Authorized banks for carrying out money transfer operations must have a software product, technical equipment, and communication means to create a unified centralized electronic network connecting all institutions conducting this operation to their own operational system. This system must have the ability and capacity to execute, account for, determine, and record each money transfer operation in a unified operational system of the bank's service center, branch, or head office in real-time (online) and ensure the daily submission of reports on money transfer operations to the National Bank of Tajikistan in electronic form.
4. Authorized banks carry out money transfer operations at the operational cash desk of the head office, branch, or banking service center (hereinafter – operational cash desk). These structural subdivisions also conduct currency exchange operations with cash in the established order alongside money transfer operations.
5. Authorized banks must, in the established order, ensure their operational cash desks have a sufficient volume of foreign and national currency in cash.
6. Authorized banks (their branches) must, in the established order, ensure the safety of operational cash desks and their staff when carrying out money transfer and exchange operations.
7. Staff of operational cash desks – cashier, senior cashier, operator-controller, or controller – are permanent employees of authorized banks (their branches). Hiring these staff under other conditions is not permitted.
8. Staff of authorized banks engaged in money transfer operations must know the procedure and rules for carrying out money transfer and exchange operations, accounting, reporting on these operations, as well as the preparation of documents confirming the execution of operations; they must have knowledge and skills in determining the authenticity and solvency of foreign and national currency, identifying suspicious operations, providing information about these operations, organizing document flow, preserving valuables, and ensuring safety during operations.
9. Authorized banks must organize and conduct professional training for operational cash desk staff using various learning methods or internships. Without a corresponding document (certificate, testimony, diploma, ID, reference, etc.) confirming such training, the money transfer point staff member cannot be allowed to perform their duties. A certified copy of the confirming document must be stored in the operational cash desk. Its absence entails a temporary suspension of activities by this operational cash desk by the supervising authority (National Bank of Tajikistan and its territorial departments).
10. Entry and stay of third parties in the workspace of operational cash desks, except for collection staff, responsible persons of authorized banks (their branches), and supervising authority officials conducting inspections of this operational cash desk, are prohibited.
11. Responsible persons of authorized banks (their branches) must, at least once a month, inspect the procedure for carrying out money transfer and exchange operations of their subordinate banking service centers and prepare an inspection report.
12. Relevant structural subdivisions of the supervising authority have the right to inspect the activities of any banking service center conducting money transfer operations directly or with representatives of the authorized bank (its branch).
13. Individuals may transfer foreign currency from abroad into the Republic of Tajikistan without limits on volume, nature, and purpose, provided that foreign state legislation requirements are met, the transferred currency is received, and foreign currency is transferred from the Republic of Tajikistan abroad provided that national legislation and this Instruction's requirements are met.
14. Receiving foreign currency transferred into the Republic of Tajikistan from abroad and transferring foreign currency from the Republic of Tajikistan abroad by an individual (their representative) is carried out upon presentation to the authorized bank of a passport or other identity document (Tajik citizen's international passport, stateless person ID, refugee certificate, non-resident residence permit in the Republic of Tajikistan, military service book), application or order, other documents specified by this Instruction, including a power of attorney for the representative in case of receipt or transfer by them. In this case, the representative's power of attorney must be prepared in accordance with the order established by legislation.
15. Individuals (their representatives) present to the operational cash desk: a) for receiving foreign currency transferred from abroad into the Republic of Tajikistan, a passport or other identity document (representative's power of attorney), personal multi-digit code assigned by the money transfer system for this operation, and sign the application and document confirming receipt of the transferred amount; b) for transferring foreign currency from the Republic of Tajikistan abroad, a passport or other identity document (representative's power of attorney), necessary information and documents on the nature and purpose of the transferred amount, sign the transfer order and document confirming money deposit into the cash desk.
16. Upon providing individuals with information and documents not meeting the requirements of point 14 of this Instruction, or upon refusal to provide them, the authorized bank refuses to carry out the money transfer operation.
17. Foreign currency transferred from abroad into the Republic of Tajikistan, upon meeting the requirements of point 14 of this Instruction, may by choice and desire of the individual (their representative): a) be issued in cash form in the transfer currency; b) be credited to their bank account or another individual's bank account in the transfer currency; c) be exchanged for national currency or converted into another currency and issued in cash form or credited to their bank account or another individual's bank account. To ensure the status of national currency as the sole legal tender and means of payment, the National Bank of Tajikistan may establish the procedure for issuing certain foreign currencies transferred by individuals into the Republic of Tajikistan without opening a bank account exclusively in national currency.
18. Issuance by authorized banks of foreign currency transferred into the Republic of Tajikistan in cash form is documented by a document confirming the transfer of foreign currency (hereinafter – Confirming Document) in accordance with Appendix No. 4 to this Instruction.

CHAPTER 2. MONEY TRANSFER OPERATIONS BY RESIDENT INDIVIDUALS 18. Transfer of foreign currency from abroad to and for resident individuals of the Republic of Tajikistan and their receipt thereof is carried out upon compliance with the requirements of the Law of the Republic of Tajikistan "On Countering the Legalization (Money Laundering) of Income Obtained by Criminal Means, Financing of Terrorism and Financing of the Proliferation of Weapons of Mass Destruction" in the following order: a) to and for a resident from abroad, foreign currency may be transferred from any sources without limits on amounts, nature, and purpose, in their name (their representative), in the names of residents and non-residents - other individuals and legal entities through authorized banks, regional and global money transfer systems operating in foreign states; b) foreign currency transferred into the Republic of Tajikistan from abroad is issued to a resident (their representative) upon compliance with point 14 of this Instruction and money transfer system requirements through which this currency was transferred into the Republic of Tajikistan, by their choice and desire in cash or non-cash form; c) issuance to a resident of foreign currency transferred into the Republic of Tajikistan from abroad in cash form for amounts equivalent to up to 1,750 calculation indicators is documented by a confirming document signed by the cashier, and for amounts exceeding 1,750 calculation indicators, by a confirming document signed by the cashier and stamped (sealed) by the authorized bank's institution; d) foreign currency transferred into the Republic of Tajikistan from abroad, at the resident's (their representative's) desire, may in non-cash form be credited to their bank account or another individual's bank account in the transfer currency, or in another currency, or in national currency. Transfer currency after exchange or conversion is credited to the recipient's bank account in national or another currency, or issued in cash. Authorized banks must create conditions for structural subdivisions engaged in money transfer operations to carry out exchange or conversion of transfer currency (such as, necessary amount in national currency, acceptable exchange rate for the client, conversion commissions, electronic communication means, etc.). Structural subdivisions of authorized banks must provide clients with all necessary information on the possibility of exchange, conversion, or transfer to a bank account of transfer currency. 19. Transfer of foreign currency abroad from the Republic of Tajikistan by individuals – residents (their representatives) without opening bank accounts begins with crediting their cash national and foreign currency to the operational cash desk of authorized banks and is carried out in the following order: a) residents (their representatives) may transfer foreign currency, which was previously transferred, imported, or sent to the Republic of Tajikistan in the amount specified in the customs declaration or other document confirming their transfer or shipment, without specifying a specific purpose; b) residents (their representatives) for meeting their current needs may carry out private transfers of limited amounts in foreign currency. Transfer of currency with such purpose for amounts equivalent to up to 1,750 calculation indicators may be carried out in one operational day through structural subdivisions of authorized banks conducting money transfer operations; c) residents (their representatives) may carry out transfers from the Republic of Tajikistan abroad of foreign currency having a social, non-commercial nature without opening a bank account upon compliance with point 14 of this Instruction taking into account norms established by money transfer systems for the following purposes:

• salary amounts;
• pension or assistance to residents of the Republic of Tajikistan in an amount equivalent to up to 1,750 calculation indicators;
• pension, payment of entrance and membership fees to international non-governmental organizations that are non-residents;
• to non-resident organizers of international symposiums, conferences, other international meetings, as well as international exhibitions, fairs, sports competitions, other cultural events taking place in foreign states with the participation of residents in said events;
• for payment of insurance premiums to non-resident insurers regardless of the insured interest and payment of insurance funds (insurance compensation) taking into account the requirements of Tajik legislation on insurance;
• to non-residents for payment of subscriptions to foreign periodical publications;
• to non-residents for payment of education and medical treatment for individuals. In this case, payments may be made by any residents (individuals and legal entities), including those who have not taken on the services of education and medical treatment;
• to non-residents for payment of pensions, alimony, state benefits, supplements and compensations, amounts paid based on court acts and other competent authority acts, inheritance sums and amounts received from the sale of inherited property, as well as payments for reimbursement of expenses by judicial, notarial and other authorities (including payment of taxes, fees, duties and other mandatory payments for the performance by said authorities of their functions) in accordance with foreign state legislation;
• to non-residents whose main activity is related to the sale of retail goods (performance of works, provision of consumer services) by individuals outside the Republic of Tajikistan for payment of goods (works, services) purchased from said non-residents outside the Republic of Tajikistan. d) calculation of equivalent amounts of foreign currency expressed in calculation indicators is carried out based on the official exchange rate of the transferred currency to somoni, established by the National Bank of Tajikistan on the date of carrying out the money transfer operation and crediting the amount of cash foreign currency to the operational cash desk.

CHAPTER 3. MONEY TRANSFER OPERATIONS BY NON-RESIDENT INDIVIDUALS 20. Transfer of foreign currency into the Republic of Tajikistan from abroad to and for non-resident individuals and their receipt thereof is carried out by them in the order established for residents in point 18 of this Instruction. 21. Transfer of foreign currency from the Republic of Tajikistan abroad by non-residents (their representatives) without opening a bank account is carried out in such order: a) foreign currency previously transferred, imported or sent by non-residents (their representatives) into the Republic of Tajikistan may be transferred from the Republic of Tajikistan abroad in the amount specified in the customs declaration or other document confirming their transfer or shipment; b) non-residents (their representatives) may transfer from the Republic of Tajikistan abroad cash foreign currency having the following nature or origin:

• withdrawn from their bank accounts opened in an authorized bank;
• purchased on the domestic currency market;
• received from the sale of payment documents expressed in currency to an authorized bank;
• received in an authorized bank transferred to their name by transfer without opening a bank account. Transfer of currency in these cases is carried out upon provision by non-residents of a confirming document on the source of cash currency within the amounts specified in them; c) non-residents (their representatives) in the order and for purposes specified in paragraphs one to nine of subpoint "c" of point 19 of this Instruction may carry out transfer of foreign currency from the Republic of Tajikistan abroad.

CHAPTER 4. DOCUMENTATION AND RECORDS RELATED TO THE CARRIAGE OF MONEY TRANSFER OPERATIONS 22. Authorized banks, in the established order, place information and documents related to money transfer operations by individuals into daily operational cash documents. 23. Information and documents related to a money transfer operation must be stored by authorized banks (their branches) for at least five years from the date of their execution.

CHAPTER 5. ACCOUNTING AND REPORTING ON MONEY TRANSFER OPERATIONS 24. Authorized banks account for money transfer operations in the "Journal of Money Transfer Operations" (hereinafter - Journal) in accordance with Appendix No. 1 to this Instruction in electronic form. All money transfer operations are accounted for in the Journal on the day of execution, and the software product of the centralized operational system must provide for their printing and binding. 25. Monthly (no later than the 5th day of the month following the reporting month), authorized banks submit to the National Bank of Tajikistan (its territorial departments) a report on money transfer operations according to Appendix No. 2 form of this Instruction. 26. Monthly (no later than the 5th day of the month following the reporting month), authorized banks (their branches) submit to the National Bank of Tajikistan (its territorial departments) a report on the number of structural subdivisions engaged in money transfer operations according to Appendix No. 3 form of this Instruction.

CHAPTER 6. LIABILITY FOR NON-COMPLIANCE WITH REQUIREMENTS 27. Compliance with the requirements of this Instruction is borne by individuals and responsible persons of authorized banks, with supervision over their compliance exercised by the relevant structures of the supervising authority. 28. In case of non-compliance with the requirements of this Instruction by individuals and authorized banks, the National Bank of Tajikistan applies timely corrective and impact measures in accordance with legislation.

Appendix No. 1 to Instruction No. 204 "On the Procedure for Carrying Out Money Transfer Operations by Individuals Without Opening Bank Accounts" JOURNAL of accounting of money transfer operations of individuals in ___________________________________ _______________ (name of authorized bank (its branch)) Date / Surname, name, patronymic / Passport or other identity document (name, series, number, when and by whom issued) / Transfer code: A - from the Republic of Tajikistan, B - to the Republic of Tajikistan / Currency code / Transfer amount (currency unit) / Nature and purpose of operations / Country of sender/recipient / Surname, name, patronymic of the other party (sender or recipient) / Money transfer system 1 2 3 4 5 6 7 8 9 10 Note:

1. Column 3 contains information about the presented document: name, series, number, when and by whom issued.
2. Column 4 uses the letter: A – to mark a cash currency receipt operation for transfer from the Republic of Tajikistan abroad. B – to mark a cash (non-cash) or national currency issuance/crediting operation of transferred foreign currency into the Republic of Tajikistan from abroad in non-cash form.
3. Column 5 indicates the transfer currency code according to the international classifier (ISO).
4. Column 7 indicates the nature and purpose of the transfer.
5. Column 8 indicates the name of the country sending money to the Republic of Tajikistan or from the Republic of Tajikistan to that country.
6. Column 9 indicates the surname, name, patronymic of the other party sending and receiving the transfer.
7. Column 10 indicates the international money transfer system through which the money transfer operation is carried out.

Appendix No. 2 to Instruction No. 204 "On the Procedure for Carrying Out Money Transfer Operations by Individuals Without Opening Bank Accounts" Report __________________________________________________________ (name of authorized bank) on money transfer operations carried out by individuals without opening a bank account in _______________ month 20 ______ year (in thousands of currency units) Type of operation / Name and currency code / USD 840 / EUR 978 1 2 3 4 Section 1. Operations carried out by an authorized bank upon order or application of resident individuals. 1.1. Transfer abroad 1.2. Receipt of transfer Section 2. Operations carried out by an authorized bank upon order or application of non-resident individuals. 2.1. Transfer abroad 2.2. Receipt of transfer Head __________ F.I.O. (signature) Chief Accountant __________ F.I.O. (signature) Executor __________ F.I.O. (phone, e-mail)

Appendix No. 3 to Instruction No. 204 "On the Procedure for Carrying Out Money Transfer Operations by Individuals Without Opening Bank Accounts" REPORT on the number of structural subdivisions engaged in money transfer operations in

---

(name of authorized bank) up to _____ ________________ 20___g. (in units) Location / Operating in the reporting month / Opened / Closed 1 2 3 4 d. Dushanbe Sughd region Khatlon region Gorno-Badakhshan Autonomous Region Districts of republican subordination Total: Note: a list of structural subdivisions that began carrying out money transfer operations in the reporting month is attached, indicating their location addresses.

Appendix No. 4 to Instruction No. 204 "On the Procedure for Carrying Out Money Transfer Operations by Individuals Without Opening Bank Accounts" Name of authorized bank:________________ Name of structural subdivision:__________ Registration number No.: _____________________ Registration number No.:_____________________ Address: _____________________ Address: ________________________________ Confirming document on the transfer of foreign currency Date: ________ Time:_______________ Money transfer operation: issuance in cash form of the transferred foreign currency amount Full name of individual:_________________________ Passport: series___________ number No.________ No./p/p / Currency code / Name / Issued amount / Note 1 2 3 4 5 Cashier: __________________________________ _________________________________________ (signature) (Full name) Place of seal (stamp)