2021-06-09 | 3309-сонAdded
The National Agency for Project Management under the President of Uzbekistan and the Department for Combating Economic Crimes under the Prosecutor General's Office approved internal control rules for licensed crypto-asset service providers. These rules mandate the establishment of internal control systems to identify and prevent money laundering, terrorist financing, and proliferation financing. Providers are required to implement customer due diligence, identify beneficial owners, monitor high-risk transactions, and report suspicious activities to the competent state authority.
Resolution of the National Agency for Project Management under the President of the Republic of Uzbekistan and the Department for Combating Economic Crimes under the Prosecutor General's Office of the Republic of Uzbekistan, registered on 09.06.2021, registration number 3309
Date of Entry into Force
09.06.2021
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Indexing according to CTUK
Indexing according to CMQ
Source of Changes
Source of Official Publication
13.07.2022
06.07.2022
30.11.2021
09.06.2021
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[ OKOZ: 1. 07.00.00.00 Legislation on Finance and Credit. Banking Activity / 07.30.00.00 Combating Money Laundering and Terrorist Financing / 07.30.01.00 Measures Directed at Combating Money Laundering and Terrorist Financing] [ TSZ: 1. Defense and National Security / Combating Terrorism and Religious Extremism] Send suggestions for the document Listen to audio Get reference from document element National Agency for Project Management under the President of the Republic of Uzbekistan Department for Combating Economic Crimes under the Prosecutor General's Office of the Republic of Uzbekistan Send suggestions for the document Listen to audio Get reference from document element Resolution Send suggestions for the document Listen to audio Get reference from document element On Approval of Internal Control Rules for Persons Engaged in Crypto-Asset Transactions Regarding Combating Money Laundering, Terrorist Financing, and Financing of Proliferation of Weapons of Mass Destruction Send suggestions for the document Listen to audio Get reference from document element [Registered by the Ministry of Justice of the Republic of Uzbekistan on June 9, 2021, registration number 3309] Send suggestions for the document Listen to audio Get reference from document element Send suggestions for the document Listen to audio Get reference from document element In accordance with the Law of the Republic of Uzbekistan "On Combating Money Laundering, Terrorist Financing, and Financing of Proliferation of Weapons of Mass Destruction", the Decree of the President of the Republic of Uzbekistan No. PF-5446 dated May 23, 2018 "On Measures to Fundamentally Improve the Efficiency of the Use of Budget Funds and Improve Mechanisms for Combating Economic Crimes", and the Resolution of the President of the Republic of Uzbekistan No. PQ-3832 dated July 3, 2018 "On Measures to Develop the Digital Economy in the Republic of Uzbekistan", the National Agency for Project Management under the President of the Republic of Uzbekistan and the Department for Combating Economic Crimes under the Prosecutor General's Office of the Republic of Uzbekistan resolve: Send suggestions for the document Listen to audio Get reference from document element
INTERNAL CONTROL RULES for Persons Engaged in Crypto-Asset Transactions Regarding Combating Money Laundering, Terrorist Financing, and Financing of Proliferation of Weapons of Mass Destruction
These Rules establish the procedure for organizing and implementing internal control for persons engaged in crypto-asset transactions in accordance with the Law of the Republic of Uzbekistan "On Combating Money Laundering, Terrorist Financing, and Financing of Proliferation of Weapons of Mass Destruction."
Chapter 1. General Provisions
beneficial owner — a natural person who ultimately owns or controls the customer, including a legal entity in which an operation involving funds or other property is being carried out with the intent to conceal the interest;
internal control — activities related to customer due diligence by persons engaged in crypto-asset transactions, management of risks related to money laundering, terrorist financing, and financing of proliferation of weapons of mass destruction, detection of suspicious operations, and detection of operations related to persons involved or suspected of involvement in terrorist activities, terrorist financing, or financing of proliferation of weapons of mass destruction;
internal rules — an internal document establishing the procedure for organizing and implementing internal control by persons engaged in crypto-asset transactions, including their branches;
countries not participating in international cooperation in the field of combating money laundering, terrorist financing, and financing of proliferation of weapons of mass destruction — countries and territories identified in official statements of the Financial Action Task Force as having strategic deficiencies in their systems for combating money laundering, terrorist financing, and financing of proliferation of weapons of mass destruction, and posing a threat to the international financial system;
customer identification — determination of information about customers based on documents submitted by them for the purpose of customer due diligence;
identification of the customer's beneficial owner — determination of the legal entity that is the owner of or controls the customer by studying the ownership and management structure based on constituent documents (charter and/or founding agreement, statute) established by legislation;
customer — a natural or legal person using the services of persons engaged in crypto-asset transactions;
previous edition see.
person involved or suspected of involvement in terrorist activities — a legal or natural person involved or suspected of involvement in terrorist activities, a legal or natural person who is a direct or indirect owner of or controls an organization carrying out or suspected of carrying out terrorist activities, as well as a legal entity owned or controlled by a natural person or organization carrying out or suspected of carrying out terrorist activities;
(Paragraph 9 of item 1 in the edition of the Resolution of the National Agency for Project Management under the President of the Republic of Uzbekistan No. 1 dated March 14, 2022 and the Resolution of the Department for Combating Economic Crimes under the Prosecutor General's Office of the Republic of Uzbekistan No. 3 dated March 11, 2022 (registration number 3309-1, 05.04.2022) — National Database of Legislation, 05.04.2022, 10/22/3309-1/0274 — enters into force from July 6, 2022)
previous edition see.
person involved or suspected of involvement in proliferation of weapons of mass destruction — a natural or legal person identified by relevant resolutions of the United Nations Security Council aimed at preventing the proliferation of weapons of mass destruction, recognized by the Republic of Uzbekistan, and other international legal documents;
(Paragraph 10 of item 1 in the edition of the Resolution of the National Agency for Project Management under the President of the Republic of Uzbekistan No. 1 dated March 14, 2022 and the Resolution of the Department for Combating Economic Crimes under the Prosecutor General's Office of the Republic of Uzbekistan No. 3 dated March 11, 2022 (registration number 3309-1, 05.04.2022) — National Database of Legislation, 05.04.2022, 10/22/3309-1/0274 — enters into force from July 6, 2022)
person engaged in crypto-asset transactions — a person who has obtained a license in the established procedure for engaging in crypto-asset transactions;
customer due diligence — continuous study for the purpose of checking the customer and the persons on whose behalf they are acting, identifying the customer's beneficial owner, and checking the practical business relations and operations carried out by the customer for their consistency with information about such customer and their activities;
operations to be reported — crypto-assets, as well as operations involving funds or other property, identified as suspicious by persons engaged in crypto-asset transactions during the implementation of internal control, being prepared, carried out, or planned;
responsible employee — a person responsible for organizing and implementing internal control;
offshore zone — countries and territories that provide a preferential tax regime and/or do not disclose or provide information about financial operations;
List — a list of persons involved or suspected of involvement in terrorist activities or proliferation of weapons of mass destruction, compiled by the special authorized state authority based on information submitted by state bodies carrying out counter-terrorism and counter-proliferation financing, other competent bodies of the Republic of Uzbekistan, and official channels from competent bodies of foreign states and international organizations;
crypto-platform intended for exchange, storage, and purchase/sale of crypto-assets — an information system (resource, software and hardware, software, mobile application) intended for the sale, purchase, and exchange of crypto-assets, including tokens, as well as their placement, storage, and management;
suspicious operation — an operation involving crypto-assets, funds, or other property, being prepared, carried out, or completed, in which a suspicion arises during the implementation of these Rules that it was carried out for the purpose of money laundering, terrorist financing, and/or financing of proliferation of weapons of mass destruction;
suspension of operations — suspension of the execution of instructions from the customer regarding the carrying out of operations with crypto-assets, funds, or other property, as well as the performance of other actions of legal significance;
senior officials — persons permanently, temporarily, or specially appointed or elected to legislative, executive, administrative, or judicial bodies, including military structures, of a foreign state, or to an international organization, performing organizational and managerial functions and authorized to carry out actions of legal significance, as well as senior managers of foreign state enterprises, prominent politicians of a foreign state, and prominent members of political parties (including former);
risk — the risk of carrying out operations for the purpose of money laundering, terrorist financing, and financing of proliferation of weapons of mass destruction by customers;
internal control system — the sum of actions of the responsible employee and persons engaged in crypto-asset transactions aimed at achieving the goals and tasks defined by these Rules and internal documents;
special authorized state authority — the Department for Combating Economic Crimes under the Prosecutor General's Office of the Republic of Uzbekistan;
operation participants — customers (including founders, shareholders, and other participants), their representatives, and partners of the customer participating in the operation;
private crypto-wallet — a software and software-technical tool created outside of crypto-exchanges that allows storing crypto-assets and tokens and performing all types of operations with them by the owner.
effective detection and prevention of operations involving funds or other property aimed at money laundering, terrorist financing, and financing of proliferation of weapons of mass destruction;
preventing persons engaged in crypto-asset transactions from being involved in criminal activities, whether intentional or unintentional;
detection, assessment, documentation, and mitigation of risks;
previous edition see.
ensuring strict compliance with the requirements of legislative acts on combating money laundering, terrorist financing, and financing of proliferation of weapons of mass destruction.
(Fifth paragraph of item 2 in the edition of the Order of the Minister of Justice of the Republic of Uzbekistan No. 20-mh dated November 30, 2021 (registration number 3338, 30.11.2021) — National Database of Legislation, 30.11.2021, 10/21/3338/1117)
taking appropriate measures to identify, assess, document, and reduce their own risks;
implementing measures for customer due diligence and identification processes, including regular updating and verification of information about customers and their beneficial owners;
identifying beneficial owners and taking all possible measures to study their identity;
deep monitoring of operations carried out by senior officials and their close relatives;
detection of suspicious operations in the manner established by these Rules and internal rules;
timely submission of information (documents) about suspicious operations identified during the implementation of internal control to the special authorized state authority;
timely execution of requests from the special authorized state authority for additional information and instructions to suspend operations involving customers' funds or other property;
detection of persons involved or suspected of involvement in terrorist activities or proliferation of weapons of mass destruction among operation participants by comparing with the List;
ensuring the confidentiality of information related to combating money laundering, terrorist financing, and financing of proliferation of weapons of mass destruction;
ensuring the storage of information about operations, as well as identification data and materials on customer due diligence, for the periods established by legislative acts;
prompt and regular provision of reliable information and materials necessary for management decisions to the management of persons engaged in crypto-asset transactions;
formation of a database of information about operation participants who carried out or attempted to carry out suspicious operations, as well as the exchange of such information with state bodies and other organizations in accordance with legislative acts;
detection of persons related to terrorist financing or financing of proliferation of weapons of mass destruction from the customer database by comparing with the List upon request.
Chapter 2. Organization of the Internal Control System
previous edition see.
(First paragraph of item 5 in the edition of the Resolution of the National Agency for Promising Projects of the Republic of Uzbekistan No. 1 dated June 17, 2022 and the Resolution of the Department for Combating Economic Crimes under the Prosecutor General's Office of the Republic of Uzbekistan No. 17 dated June 15, 2022 (registration number 3309-2, 13.07.2022)
Edition — National Database of Legislative Information, 13.07.2022, No. 10/22/3309-2/0626-2) Send suggestions for the document Listen to audio Get reference from document element If the responsible employee changes, the person engaged in activities in the field of crypto-asset transactions must notify the newly appointed responsible employee without delay from the day of appointment.
See previous edition. Send suggestions for the document Listen to audio Get reference from document element Send suggestions for the document Listen to audio Get reference from document element Send suggestions for the document Listen to audio Get reference from document element 6. The National Agency for Strategic Projects of the Republic of Uzbekistan submits information to the specially authorized state body regarding the responsible employees of persons engaged in activities in the field of crypto-asset transactions and the compliance with the requirements of these Rules annually no later than January 20. (Paragraph 6 in the edition of the Order No. 1 of the National Agency for Strategic Projects of the Republic of Uzbekistan dated June 17, 2022 and Order No. 17 of the Department for Combating Economic Crimes under the Prosecutor General's Office of the Republic of Uzbekistan dated June 15, 2022 (registry number 3309-2, 13.07.2022) — National Database of Legislative Information, 13.07.2022, No. 10/22/3309-2/0626-2) Send suggestions for the document Listen to audio Get reference from document element 7. A person appointed to the position of responsible employee must know the legislation on crypto-asset transactions, the fight against money laundering of income from criminal activities, terrorist financing, and financing of the proliferation of weapons of mass destruction, as well as international standards in this field.
See previous edition. Send suggestions for the document Listen to audio Get reference from document element Send suggestions for the document Listen to audio Get reference from document element 8. Persons who have demonstrated mismanagement of the entrusted department in their activities and personal conduct, and whose period of criminal record has not expired or has not been expunged, shall not be appointed to the position of responsible employee.
Send suggestions for the document Listen to audio Get reference from document element Persons shall not be appointed to the position of the head of a person engaged in activities in the field of crypto-asset transactions:
Send suggestions for the document Listen to audio Get reference from document element who have demonstrated mismanagement of the entrusted department in their activities and personal conduct;
Send suggestions for the document Listen to audio Get reference from document element who have participated or are suspected of participating in terrorist activities or the proliferation of weapons of mass destruction;
Send suggestions for the document Listen to audio Get reference from document element who have been convicted of economic crimes, as well as money laundering of income from criminal activities, terrorist financing, financing of the proliferation of weapons of mass destruction, organized crime, illegal trade in narcotic drugs, corruption, and crimes related to information technology, and the conviction has not been expunged or has not been removed. (Paragraph 8 in the edition of the Order No. 1 of the National Agency for Strategic Projects of the Republic of Uzbekistan dated June 17, 2022 and Order No. 17 of the Department for Combating Economic Crimes under the Prosecutor General's Office of the Republic of Uzbekistan dated June 15, 2022 (registry number 3309-2, 13.07.2022) — National Database of Legislative Information, 13.07.2022, No. 10/22/3309-2/0626-2)
See previous edition. Send suggestions for the document Listen to audio Get reference from document element Send suggestions for the document Listen to audio Get reference from document element 81. The participation of:
Send suggestions for the document Listen to audio Get reference from document element persons indicated in the fourth and fifth paragraphs of paragraph 8 of these Rules;
Send suggestions for the document Listen to audio Get reference from document element companies registered in offshore zones
is prohibited in the charter capital of a person engaged in activities in the field of crypto-asset transactions. (Paragraph 81 introduced on the basis of the Order No. 1 of the National Agency for Strategic Projects of the Republic of Uzbekistan dated June 17, 2022 and Order No. 17 of the Department for Combating Economic Crimes under the Prosecutor General's Office of the Republic of Uzbekistan dated June 15, 2022 (registry number 3309-2, 13.07.2022) — National Database of Legislative Information, 13.07.2022, No. 10/22/3309-2/0626-2)
See previous edition. Send suggestions for the document Listen to audio Get reference from document element Send suggestions for the document Listen to audio Get reference from document element 9. Persons engaged in activities in the field of crypto-asset transactions are required to regularly (at least once a year) retrain employees to ensure that responsible employees have information on modern methods, techniques, and directions of money laundering of income from criminal activities, terrorist financing, and financing of the proliferation of weapons of mass destruction, and to clearly explain all aspects of legislation and obligations in the fight against money laundering of income from criminal activities, terrorist financing, and financing of the proliferation of weapons of mass destruction. (Paragraph 9 in the edition of the Order No. 1 of the National Agency for Strategic Projects under the President of the Republic of Uzbekistan dated March 14, 2022 and Order No. 3 of the Department for Combating Economic Crimes under the Prosecutor General's Office of the Republic of Uzbekistan dated March 11, 2022 (registry number 3309-1, 05.04.2022) — National Database of Legislative Information, 05.04.2022, No. 10/22/3309-1/0274-son — enters into force on July 6, 2022) Send suggestions for the document Listen to audio Get reference from document element 10. The responsible person performs the following functions:
Send suggestions for the document Listen to audio Get reference from document element taking measures provided for by legislation, these Rules, and internal rules to prevent the risk of using services of persons engaged in activities in the field of crypto-asset transactions for money laundering of income from criminal activities, terrorist financing, and financing of the proliferation of weapons of mass destruction;
Send suggestions for the document Listen to audio Get reference from document element monitoring compliance by persons engaged in activities in the field of crypto-asset transactions with the legislation on the fight against money laundering of income from criminal activities, terrorist financing, and financing of the proliferation of weapons of mass destruction, as well as the requirements of these Rules and internal rules;
Send suggestions for the document Listen to audio Get reference from document element providing information to the head of persons engaged in activities in the field of crypto-asset transactions about cases of violation of legislation on money laundering of income from criminal activities, terrorist financing, and financing of the proliferation of weapons of mass destruction;
Send suggestions for the document Listen to audio Get reference from document element submitting proposals to the head of persons engaged in activities in the field of crypto-asset transactions for consideration on eliminating identified shortcomings and violations of non-compliance with the requirements of these Rules and internal rules;
Send suggestions for the document Listen to audio Get reference from document element submitting a report on the results of the implementation of these Rules to the head of persons engaged in activities in the field of crypto-asset transactions at least once a year;
Send suggestions for the document Listen to audio Get reference from document element ensuring the timely transmission of reports on suspicious operations and attempts to carry them out to the specially authorized state body, as well as the execution of requests from the specially authorized state body for additional information and instructions to suspend operations involving customers' monetary funds or other property;
See previous edition. Send suggestions for the document Listen to audio Get reference from document element Send suggestions for the document Listen to audio Get reference from document element organizing internal control and cooperating with responsible persons of the National Agency for Strategic Projects of the Republic of Uzbekistan and the specially authorized state body on issues of preventing and eliminating violations of the requirements of legislative acts in the field of the fight against money laundering of income from criminal activities, terrorist financing, and financing of the proliferation of weapons of mass destruction; (Paragraph 10, eighth paragraph in the edition of the Order No. 1 of the National Agency for Strategic Projects of the Republic of Uzbekistan dated June 17, 2022 and Order No. 17 of the Department for Combating Economic Crimes under the Prosecutor General's Office of the Republic of Uzbekistan dated June 15, 2022 (registry number 3309-2, 13.07.2022) — National Database of Legislative Information, 13.07.2022, No. 10/22/3309-2/0626-2) Send suggestions for the document Listen to audio Get reference from document element Distributing the Register to employees of persons engaged in activities in the field of crypto-asset transactions. Send suggestions for the document Listen to audio Get reference from document element 11. The responsible person has the following rights:
Send suggestions for the document Listen to audio Get reference from document element requesting managerial, accounting, and other documents necessary for the implementation of internal control from employees of persons engaged in activities in the field of crypto-asset transactions;
Send suggestions for the document Listen to audio Get reference from document element submitting proposals to management regarding future actions concerning operations that must be reported.
Send suggestions for the document Listen to audio Get reference from document element The responsible person may also have other rights in accordance with the legislation.
Send suggestions for the document Listen to audio Get reference from document element 12. The responsible person is obliged:
Send suggestions for the document Listen to audio Get reference from document element take necessary measures within their authority to achieve the goals and perform tasks assigned by these Rules and internal rules;
Send suggestions for the document Listen to audio Get reference from document element take appropriate measures to identify and assess risks of money laundering of income from criminal activities, terrorist financing, and financing of the proliferation of weapons of mass destruction, record these risks in documents, and take measures to mitigate them;
Send suggestions for the document Listen to audio Get reference from document element take measures to conduct due diligence of customers, including permanent monitoring, identification, and comparison with the Register;
Send suggestions for the document Listen to audio Get reference from document element take appropriate measures to identify and identify beneficial owners;
Send suggestions for the document Listen to audio Get reference from document element continuously report to the specially authorized state body about suspicious operations, including attempts to carry them out, no later than one business day after they are identified;
Send suggestions for the document Listen to audio Get reference from document element take measures to timely execute the request of the specially authorized state body to suspend operations involving customers' monetary funds or other property;
Send suggestions for the document Listen to audio Get reference from document element observe the confidentiality of received information;
Send suggestions for the document Listen to audio Get reference from document element ensure the storage and return of documents obtained during the implementation of internal control;
Send suggestions for the document Listen to audio Get reference from document element perform other obligations in accordance with the legislation.
Send suggestions for the document Listen to audio Get reference from document element 13. Persons engaged in activities in the field of crypto-asset transactions must develop and approve internal rules reflecting the following:
See previous edition. Send suggestions for the document Listen to audio Get reference from document element Send suggestions for the document Listen to audio Get reference from document element the procedure for implementing measures to identify, assess, monitor, mitigate, and document risks, including the use of software that analyzes transactions involving crypto-assets by customers (including identifying customer crypto-wallet addresses used on trading platforms, customer counterparties' crypto-wallet addresses, connections between customer crypto-wallet addresses and other crypto-wallet addresses, etc.) and assesses the risk of customer crypto-wallet addresses being used for illegal activities; (Paragraph 13, second paragraph in the edition of the Order No. 1 of the National Agency for Strategic Projects under the President of the Republic of Uzbekistan dated March 14, 2022 and Order No. 3 of the Department for Combating Economic Crimes under the Prosecutor General's Office of the Republic of Uzbekistan dated March 11, 2022 (registry number 3309-1, 05.04.2022) — National Database of Legislative Information, 05.04.2022, No. 10/22/3309-1/0274-son — enters into force on July 6, 2022) Send suggestions for the document Listen to audio Get reference from document element rules for conducting due diligence of customers and their beneficial owners, as well as regular monitoring of customer transactions;
Send suggestions for the document Listen to audio Get reference from document element the procedure for formalizing necessary information and ensuring its confidentiality;
Send suggestions for the document Listen to audio Get reference from document element the procedure for identifying suspicious operations, as well as the procedure for preparing and sending reports about such operations to the specially authorized state body;
Send suggestions for the document Listen to audio Get reference from document element qualification requirements for staff training and education;
Send suggestions for the document Listen to audio Get reference from document element measures aimed at preventing the use of technological achievements for money laundering of income from criminal activities, terrorist financing, and financing of the proliferation of weapons of mass destruction;
Send suggestions for the document Listen to audio Get reference from document element the procedure for establishing practical business relations with senior officials, their family members, and persons close to senior officials, and monitoring transactions conducted by them;
Send suggestions for the document Listen to audio Get reference from document element the procedure for accounting and monitoring customers classified as high-risk, as well as monitoring transactions of such customers;
Send suggestions for the document Listen to audio Get reference from document element measures to timely execute requests from the specially authorized state body for additional information and requests to suspend operations involving customers' monetary funds or other property;
Send suggestions for the document Listen to audio Get reference from document element other rules not contrary to the legislation.
Send suggestions for the document Listen to audio Get reference from document element 14. Persons engaged in activities in the field of crypto-asset transactions are obliged:
Send suggestions for the document Listen to audio Get reference from document element to systematically study, analyze, and identify potential risks of money laundering of income from criminal activities, terrorist financing, and financing of the proliferation of weapons of mass destruction in their activities at least once a year, document the results of the study, and take appropriate measures to mitigate them;
Send suggestions for the document Listen to audio Get reference from document element to take into account all risks related to this field when determining the level of risks and identifying appropriate measures to mitigate them;
Send suggestions for the document Listen to audio Get reference from document element to keep the assessment of risks up to date at the latest;
See previous edition. Send suggestions for the document Listen to audio Get reference from document element Send suggestions for the document Listen to audio Get reference from document element to establish a clear procedure for submitting the results of risk assessment to the specially authorized state body and the National Agency for Strategic Projects of the Republic of Uzbekistan; (Paragraph 14, fifth paragraph in the edition of the Order No. 1 of the National Agency for Strategic Projects of the Republic of Uzbekistan dated June 17, 2022 and Order No. 17 of the Department for Combating Economic Crimes under the Prosecutor General's Office of the Republic of Uzbekistan dated June 15, 2022 (registry number 3309-2, 13.07.2022) — National Database of Legislative Information, 13.07.2022, No. 10/22/3309-2/0626-2) Send suggestions for the document Listen to audio Get reference from document element to collect information about other persons engaged in activities in the field of crypto-asset transactions, including those abroad, through available methods, including open sources, regarding their business reputation, business methods and practices, and cases of violation of legislation;
Send suggestions for the document Listen to audio Get reference from document element to enter into practical business relations with other persons engaged in activities in the field of crypto-asset transactions only after obtaining the consent of the management bodies of the person engaged in activities in the field of crypto-asset transactions and studying the internal control system for the fight against money laundering of income from criminal activities, terrorist financing, and financing of the proliferation of weapons of mass destruction;
See previous edition. Send suggestions for the document Listen to audio Get reference from document element Send suggestions for the document Listen to audio Get reference from document element to obtain and provide full and accurate information about the crypto-asset sender/receiver and the wallet addresses used for the operation, as well as beneficial owners, when selling or buying crypto-assets for national or foreign currency, or performing exchange operations, including on behalf of customers, and to provide this information based on requests from the National Agency for Strategic Projects of the Republic of Uzbekistan, the specially authorized state body, and law enforcement agencies; (Paragraph 14, eighth paragraph in the edition of the Order No. 1 of the National Agency for Strategic Projects of the Republic of Uzbekistan dated June 17, 2022 and Order No. 17 of the Department for Combating Economic Crimes under the Prosecutor General's Office of the Republic of Uzbekistan dated June 15, 2022 (registry number 3309-2, 13.07.2022) — National Database of Legislative Information, 13.07.2022, No. 10/22/3309-2/0626-2) Send suggestions for the document Listen to audio Get reference from document element to carry out constant monitoring of the application of internal rules and take intensified measures to manage and mitigate risks in cases where a high level of risk of money laundering of income from criminal activities, terrorist financing, and financing of the proliferation of weapons of mass destruction is identified.
Send suggestions for the document Listen to audio Get reference from document element 15. Internal rules of persons engaged in activities in the field of crypto-asset transactions must correspond to the requirements of legislation on the fight against money laundering of income from criminal activities, terrorist financing, and financing of the proliferation of weapons of mass destruction, and these Rules, as well as be drawn up based on identified risks and their assessment. Internal rules, including amendments and additions to them, are approved by the head of the person engaged in activities in the field of crypto-asset transactions.
Send suggestions for the document Listen to audio Get reference from document element 16. Separate branches of persons engaged in activities in the field of crypto-asset transactions located abroad (if any) must comply with the requirements of the country where they are located when implementing measures to fight against money laundering of income from criminal activities, terrorist financing, and financing of the proliferation of weapons of mass destruction; if these requirements differ from the requirements of the legislation of the Republic of Uzbekistan, international standards in the field of the fight against money laundering of income from criminal activities, terrorist financing, and financing of the proliferation of weapons of mass destruction must be applied.
Send suggestions for the document Listen to audio Get reference from document element 17. Persons engaged in activities in the field of crypto-asset transactions are obliged to notify the head office about cases where it is impossible to implement appropriate measures to fight against money laundering of income from criminal activities, terrorist financing, and financing of the proliferation of weapons of mass destruction due to prohibitions in the legislation of the country where their separate branches abroad are located.
Send suggestions for the document Listen to audio Get reference from document element Chapter 3. Due Diligence of Customers Send suggestions for the document Listen to audio Get reference from document element 18. Persons engaged in activities in the field of crypto-asset transactions must take measures for due diligence of customers.
Send suggestions for the document Listen to audio Get reference from document element Due diligence measures apply to all new customers and existing customers based on the level of risk.
Send suggestions for the document Listen to audio Get reference from document element In individual cases, if there are justified suspicions that an existing customer is involved in money laundering of income from criminal activities, terrorist financing, and financing of the proliferation of weapons of mass destruction, and considering that due diligence measures may reveal this, it is permitted to send information about a suspicious operation to the specially authorized state body without conducting due diligence measures on the customer.
Send suggestions for the document Listen to audio Get reference from document element 19. Due diligence of a customer must be carried out in the following cases:
Send suggestions for the document Listen to audio Get reference from document element when establishing practical business relations with the customer;
Send suggestions for the document Listen to audio Get reference from document element when concluding a contract for the provision of services related to crypto-asset transactions with the customer;
Send suggestions for the document Listen to audio Get reference from document element when there are any suspicions that transactions are being carried out for the purpose of money laundering of income from criminal activities or terrorist financing;
Send suggestions for the document Listen to audio Get reference from document element when there are doubts about the accuracy of previously obtained information about the customer;
Send suggestions for the document Listen to audio Get reference from document element when one-time transactions are carried out in an amount exceeding the equivalent of 1,000 (one thousand) US dollars on the day the transaction is carried out.
Persons conducting activities in the field of crypto-asset transactions must regularly update and keep up-to-date the information obtained during adequate customer due diligence. Particular attention is paid to customers classified as high risk.
Identification of the customer and the customer's beneficial owner is carried out based on the information provided in Annexes 2 and 3 of these Rules. The results of identification, including the surname, first name, patronymic, and date, are entered into a separate journal by the responsible employee.
During customer identification, information regarding state registration, management, and data specified in constituent documents must be verified. Such documents may be obtained through the automated system for state registration and accounting of business entities, or directly from the customer if access to information from this system is unavailable.
All documents enabling the identification of the customer and other participants of the transaction must be valid on the date they are submitted. Along with the identification of the customer or beneficial owner, information regarding business relationships is analyzed.
The application of adequate customer due diligence measures is not required for state authorities and bodies of government.
Persons conducting activities in the field of crypto-asset transactions refuse to carry out transactions for the customer in the following cases:
In cases where a transaction is refused, persons conducting activities in the field of crypto-asset transactions must notify the specially authorized state body.
Chapter 4. Determination and Assessment of Risk Level
Persons conducting activities in the field of crypto-asset transactions must determine the risk level and develop and implement measures to reduce it. The risk level is determined and assessed by the responsible employee based on information provided by the customer, considering the types of the customer's activities and transactions, the criteria established by these Rules, and the results of adequate customer due diligence. Based on the requirements specified in the second paragraph of this clause, an appropriate (high or low) risk level for carrying out transactions for the purpose of legalization of proceeds from crime, financing of terrorism, or proliferation of weapons of mass destruction is assigned to the customer.
Participants of transactions falling under the following criteria must be included in the high-risk category in advance: a) Listed persons or persons controlled by a Listed person, or persons who are direct or indirect owners of or control a Listed organization; b) Persons permanently residing, staying, or registered in a state or offshore zone that does not participate in international cooperation in the field of combating the legalization of proceeds from crime and financing of terrorism; c) Branches of foreign companies and natural persons who are not citizens of the Republic of Uzbekistan; d) Persons holding accounts in offshore zones; e) Organizations whose beneficial owner is a person specified in sub-paragraphs 'a' and/or 'b' of this paragraph; f) Customers who regularly (more than twice in a row within 3 months) carry out suspicious transactions; g) High-ranking officials, their family members, and persons closely associated with high-ranking officials; h) Other persons specified in internal rules.
If a transaction is classified as high risk, persons conducting activities in the field of crypto-asset transactions must apply enhanced due diligence measures and conduct ongoing monitoring of such customers.
Depending on changes in the nature of transactions carried out by the customer, persons conducting activities in the field of crypto-asset transactions must review the risk level, taking into account the information accumulated from the results of adequate customer due diligence.
Persons conducting activities in the field of crypto-asset transactions must maintain records of all customers (transaction participants) classified as high risk in accordance with the procedure established by internal rules. Information about all customers (transaction participants) classified as high risk must be entered into a special journal.
Persons conducting activities in the field of crypto-asset transactions must take measures to prevent the use of technological achievements for the purpose of legalization of proceeds from crime, financing of terrorism, and proliferation of weapons of mass destruction. For this purpose, they must identify and assess risk levels that may arise due to the use of new or developing technologies for providing services. Such risk assessment must be conducted before the use of new or developing technologies.
Chapter 5. Criteria and Signs of Suspicious Transactions, and the Procedure for Their Detection
Additional signs and criteria for suspicious transactions may be established by internal rules.
Persons conducting activities in the field of crypto-asset circulation have the right to introduce indicators for early detection of suspicious transactions based on methodological recommendations of an advisory nature developed by the National Agency for Strategic Projects of the Republic of Uzbekistan in agreement with the specially authorized state body.
Information obtained during the identification process, as well as the risk level assigned to the customer, serve as the basis for monitoring the transaction.
Customer identification and current review of their transactions are carried out by an employee of the person conducting activities in the field of crypto-asset circulation in accordance with their official duties. If such an employee detects transactions with signs of suspicious operations, they must immediately report such transactions to the responsible employee.
Subsequent review of customer transactions is carried out by the responsible employee by analyzing the customer's transactions over a past period, with the aim of detecting suspicious transactions that were not identified during the current review.
In the presence of reasonable suspicions, the responsible employee makes a written decision to consider the customer's transaction as suspicious.
Recognizing a transaction as suspicious is carried out based on a comprehensive analysis using the suspicion criteria established by these Rules in each specific case, as well as taking into account the risk determined by the customer's type, transaction purpose, and volume, and other circumstances important for correctly identifying the suspicious transaction.
After a customer transaction is recognized as suspicious, the responsible employee must take the following measures:
Listen to audio Get link to document element Get additional information about the client; Send a suggestion to the document Listen to audio Get link to document element Reassess the client's risk level; Send a suggestion to the document Listen to audio Get link to document element Record information about the operation in a special journal; Send a suggestion to the document Listen to audio Get link to document element Ensure notification of the special authorized state body about a suspicious operation; Send a suggestion to the document Listen to audio Get link to document element Submit a proposal to the head of the person conducting activities in the field of crypto-asset circulation to terminate relations with the client in accordance with legislation and the contract concluded with the client. Send a suggestion to the document Listen to audio Get link to document element 41. Information about a suspicious operation is provided by the person conducting activities in the field of crypto-asset circulation to the special authorized state body without delay on the next working day after the suspicious operation is detected, in the manner prescribed by legislation. Send a suggestion to the document Listen to audio Get link to document element 42. The person conducting activities in the field of crypto-asset circulation must immediately notify the special authorized state body of any information confirming or refuting the suspicion regarding the relevant operation. Send a suggestion to the document Listen to audio Get link to document element Chapter 6. Measures taken upon detection of operations involving persons participating or suspected of participating in terrorist activities or the proliferation of weapons of mass destruction, and persons included in the Register Send a suggestion to the document Listen to audio Get link to document element 43. Persons conducting activities in the field of crypto-asset circulation must compare the identification information of the client, the client's beneficial owner, and the participants of the operation with the Register. Send a suggestion to the document Listen to audio Get link to document element If, during the period of establishing practical business relations with the client or when carrying out operations involving monetary funds or other property, the employees of the person conducting activities in the field of crypto-asset circulation find that all identification information of the client, the client's beneficial owner, or one of the operation participants fully matches the information of a person included in the Register, they must immediately stop the operation and (or) suspend the crypto-assets from being put into circulation without notifying the client, and inform the responsible employee. Send a suggestion to the document Listen to audio Get link to document element In turn, the responsible employee must enter the identification information of one of the operation participants and the operation being carried out into the special journal, as well as send a notification to the special authorized state body. Send a suggestion to the document Listen to audio Get link to document element 44. The crypto-asset-related operation is suspended without delay and without prior notice, crypto-assets are suspended from being put into circulation, and the special authorized state body is notified if: Send a suggestion to the document Listen to audio Get link to document element all identification information of the client or one of the operation participants fully matches the information of a person included in the Register; Send a suggestion to the document Listen to audio Get link to document element the client is conducting activities in the name of a person included in the Register or pursuant to their instructions; Send a suggestion to the document Listen to audio Get link to document element the monetary funds or other property used to carry out the operation belong fully or partially to a person included in the Register; Send a suggestion to the document Listen to audio Get link to document element the participant of the operation is a legal entity owned or controlled by a physical or legal person included in the Register. See previous edition. Send a suggestion to the document Listen to audio Get link to document element Send a suggestion to the document Listen to audio Get link to document element 45. Suspension and restoration of operations, suspension of operations of persons included in the Register of persons participating or suspected of participating in terrorist activities or the proliferation of weapons of mass destruction, suspension of monetary funds or other property from being put into circulation, permission to use suspended property, and the procedure for restoring operations are carried out in the manner established by the Regulation on Suspension and Restoration of Operations of Persons Included in the Register of Persons Participating or Suspected of Participating in Terrorist Activities or the Proliferation of Weapons of Mass Destruction, Suspension of Monetary Funds or Other Property from Being Put into Circulation, Permission to Use Suspended Property, and Restoration of Operations (register number 3327, October 19, 2021). (Preamble to paragraph 45, as amended by the Resolution No. 1 of the National Agency for Project Management under the President of the Republic of Uzbekistan dated March 14, 2022, and Resolution No. 3 of the Department for Combating Economic Crimes under the Prosecutor General's Office of the Republic of Uzbekistan dated March 11, 2022 (register number 3309-1, 05.04.2022) - National Database of Legislation, 05.04.2022, 10/22/3309-1/0274-number - enters into force from July 6, 2022) Send a suggestion to the document Listen to audio Get link to document element Chapter 7. Execution of Requests and Orders of the Special Authorized State Body Send a suggestion to the document Listen to audio Get link to document element 46. In accordance with the Law of the Republic of Uzbekistan "On Combating the Legalization (Laundering) of Income Obtained from Criminal Activity, Financing of Terrorism and Proliferation of Weapons of Mass Destruction," the special authorized state body has the right to request information in writing, including through automated information systems and databases of persons conducting activities in the field of crypto-asset circulation, necessary for implementing measures to combat the legalization of income obtained from criminal activity, financing of terrorism, and proliferation of weapons of mass destruction. Send a suggestion to the document Listen to audio Get link to document element Persons conducting activities in the field of crypto-asset circulation must take measures to timely execute the instructions of the special authorized state body regarding the suspension of operations involving clients' monetary funds or other property. Send a suggestion to the document Listen to audio Get link to document element 47. The following are formalized in the special journal, in accordance with legislation and these Rules, for operations that must be reported to the special authorized state body: Send a suggestion to the document Listen to audio Get link to document element the type of operation and the grounds for its execution; Send a suggestion to the document Listen to audio Get link to document element the date and amount of the operation; Send a suggestion to the document Listen to audio Get link to document element information necessary for identifying the client carrying out the operation. Send a suggestion to the document Listen to audio Get link to document element Chapter 8. Formalization, Storage, and Confidentiality of Information and Documents Send a suggestion to the document Listen to audio Get link to document element See previous edition. Send a suggestion to the document Listen to audio Get link to document element Send a suggestion to the document Listen to audio Get link to document element 48. Persons conducting activities in the field of crypto-asset circulation must store information about operations involving crypto-assets, monetary funds, or other property, as well as identification information and materials regarding the due diligence of clients, including correspondence, results of any analysis conducted, for the periods established by legislation, but not less than five years from the date the operation was carried out or relations with the client were terminated. (Preamble to the first paragraph of paragraph 48, as amended by the Resolution No. 1 of the National Agency for Project Management under the President of the Republic of Uzbekistan dated March 14, 2022, and Resolution No. 3 of the Department for Combating Economic Crimes under the Prosecutor General's Office of the Republic of Uzbekistan dated March 11, 2022 (register number 3309-1, 05.04.2022) - National Database of Legislation, 05.04.2022, 10/22/3309-1/0274-number - enters into force from July 6, 2022) Send a suggestion to the document Listen to audio Get link to document element Upon expiration of the storage periods, documents are submitted to the archive in the prescribed manner. LexUZ commentary See: Resolution No. 101 of the Cabinet of Ministers of the Republic of Uzbekistan dated April 5, 2012 "On Improving Archival Work in the Republic of Uzbekistan." Send a suggestion to the document Listen to audio Get link to document element 49. Information about the client obtained during the due diligence process is recorded in the client questionnaire drawn up in the form according to Annex 4 of these Rules. Persons conducting activities in the field of crypto-asset circulation have the right to include other information in the client questionnaire in accordance with their internal rules. Send a suggestion to the document Listen to audio Get link to document element 50. A client questionnaire filled out in electronic form, when printed on paper, is certified by the signature of the responsible employee. Send a suggestion to the document Listen to audio Get link to document element 51. Client questionnaires are bound in separate folders in chronological order and kept by the responsible employee. Send a suggestion to the document Listen to audio Get link to document element 52. Information regarding operations involving crypto-assets, monetary funds, or other property and due diligence of clients, if necessary, must be formalized in a manner that allows for the restoration of operation details and enables the special authorized state body to use the information. Send a suggestion to the document Listen to audio Get link to document element 53. Information obtained as a result of due diligence and identification of clients must be updated by the person conducting activities in the field of crypto-asset circulation and the client at least once a year to assess the risk of legalization of income obtained from criminal activity, financing of terrorism, and proliferation of weapons of mass destruction. Send a suggestion to the document Listen to audio Get link to document element 54. To restrict access to all documents used in the activities of the responsible employee, such documents and their list must be stored by the responsible employee directly in a specially equipped room or in a fireproof and lockable safe. Send a suggestion to the document Listen to audio Get link to document element 55. Electronic documents must be archived through programming, written to electronic information carriers, and stored by the responsible employee in a fireproof and lockable safe along with their list. Send a suggestion to the document Listen to audio Get link to document element 56. Persons conducting activities in the field of crypto-asset circulation: Send a suggestion to the document Listen to audio Get link to document element restrict access to information related to combating the legalization of income obtained from criminal activity, financing of terrorism, and proliferation of weapons of mass destruction, ensure that it does not spread, and do not have the right to inform legal entities about the notification of the special authorized state body regarding their operations; Send a suggestion to the document Listen to audio Get link to document element ensure that information obtained during the implementation of internal control functions is not disclosed by their employees (not used for personal purposes or for the benefit of third parties). Send a suggestion to the document Listen to audio Get link to document element Chapter 9. Final Provisions See previous edition. Send a suggestion to the document Listen to audio Get link to document element Send a suggestion to the document Listen to audio Get link to document element 57. Monitoring and control over compliance by persons conducting activities in the field of crypto-asset circulation with the requirements of these Rules are carried out by the National Agency for Strategic Projects of the Republic of Uzbekistan and the special authorized state body. (Paragraph 57, as amended by the Resolution No. 1 of the National Agency for Strategic Projects of the Republic of Uzbekistan dated June 17, 2022, and Resolution No. 17 of the Department for Combating Economic Crimes under the Prosecutor General's Office of the Republic of Uzbekistan dated June 15, 2022 (register number 3309-2, 13.07.2022) - National Database of Legislation, 13.07.2022, 10/22/3309-2/0626-number) See previous edition. Send a suggestion to the document Listen to audio Get link to document element Send a suggestion to the document Listen to audio Get link to document element 57 1 . If the person conducting activities in the field of crypto-asset circulation has an internal audit service, monitoring the effectiveness of the internal control system is carried out by the internal audit service. (Paragraph 57 1 was added based on the Resolution No. 1 of the National Agency for Project Management under the President of the Republic of Uzbekistan dated March 14, 2022, and Resolution No. 3 of the Department for Combating Economic Crimes under the Prosecutor General's Office of the Republic of Uzbekistan dated March 11, 2022 (register number 3309-1, 05.04.2022) - National Database of Legislation, 05.04.2022, 10/22/3309-1/0274-number - enters into force from July 6, 2022) See previous edition. Send a suggestion to the document Listen to audio Get link to document element Send a suggestion to the document Listen to audio Get link to document element 58. The head and the responsible employee of the person conducting activities in the field of crypto-asset circulation are liable in accordance with legislative acts for violating these Rules. (Paragraph 58, as amended by the Order No. 20-mh of the Minister of Justice of the Republic of Uzbekistan dated November 30, 2021 (register number 3338, 30.11.2021) - National Database of Legislation, 30.11.2021, 10/21/3338/1117-number) See previous edition. Send a suggestion to the document Listen to audio Get link to document element Send a suggestion to the document Listen to audio Get link to document element 59. Persons guilty of concealing cases of violation of legislative acts in the field of combating the legalization of income obtained from criminal activity, financing of terrorism, and proliferation of weapons of mass destruction, as well as violating the requirements of these Rules, are held liable in the manner established by legislative acts. (Paragraph 59, as amended by the Order No. 20-mh of the Minister of Justice of the Republic of Uzbekistan dated November 30, 2021 (register number 3338, 30.11.2021) - National Database of Legislation, 30.11.2021, 10/21/3338/1117-number) LexUZ commentary See: Article 179 3 of the Code of Administrative Offenses of the Republic of Uzbekistan, Article 243 of the Criminal Code. Send a suggestion to the document Listen to audio Get link to document element Send a suggestion to the document Listen to audio Get link to document element Internal Control Rules for Persons Conducting Activities in the Field of Crypto-Asset Circulation Regarding Anti-Money Laundering, Counter-Terrorist Financing, and Counter-Proliferation Financing
ANNEX 1 Send a suggestion to the document Listen to audio Get link to document element Send a suggestion to the document Listen to audio Get link to document element INFORMATION on the responsible employee of the person conducting activities in the field of crypto-asset circulation and the implementation of internal rules
(name of the person)
Full name, position, telephone number.
Date and number of the order appointing the responsible employee.
Information about the services provided by the organization for the past year, including:
a) description of the organizational structure indicating the presence of branches or separate divisions;
b) general description of the types of services provided for operations with crypto-assets, types of crypto-assets used, and their operating mechanisms;
c) type and number of clients;
d) total amount and number of transactions carried out;
e) information about identified risks and measures taken to mitigate them.
Name and date of the document approved by the person conducting activities in the field of crypto-asset circulation to ensure internal control regarding combating the legalization of income obtained from criminal activity, financing of terrorism, and proliferation of weapons of mass destruction, as well as information about subsequent documents introducing amendments and additions to it, and the reasons and purposes for introducing amendments.
Information about the regular retraining of the responsible person and employees in the field of combating the legalization of income obtained from criminal activity, financing of terrorism, and proliferation of weapons of mass destruction.
Number of notifications sent to the special authorized state body (only the total number of notifications is provided, without disclosing their content).
APPENDIX 4 Submission of Comments on the Document Listen to Audio Get Reference from Document Element Information Indicated in the Client's Questionnaire Submission of Comments on the Document Listen to Audio Get Reference from Document Element INFORMATION Submission of Comments on the Document Listen to Audio Get Reference from Document Element Submission of Comments on the Document Listen to Audio Get Reference from Document Element