Rule · NBT · 4 Sep 2026
The National Bank of Tajikistan establishes general requirements for internal control programs of accountable subjects to counter money laundering, terrorism financing, and financing of proliferation of weapons of mass destruction. Accountable subjects must implement risk-based programs covering risk assessment, customer due diligence, transaction monitoring, and internal audit, while classifying clients into high, medium, and low-risk categories. The regulation mandates specific procedures for identifying suspicious transactions, freezing assets of sanctioned persons, and maintaining client records for at least five years after the termination of business relations.
Registered with the Ministry of Justice of the Republic of Tajikistan on August 21, 2026, No. 1429 Approved by the Resolution of the Board of the National Bank of Tajikistan of July 21, 2026, No. 82 General Requirements for Programs to Counter the Legalization (Money Laundering) of Proceeds from Crime, Terrorism Financing and Financing of Proliferation of Weapons of Mass Destruction
General Requirements for Programs to Counter the Legalization (Money Laundering) of Proceeds from Crime, Terrorism Financing and Financing of Proliferation of Weapons of Mass Destruction (hereinafter referred to as these Requirements) are developed in accordance with part 6 of Article 23 of the Law of the Republic of Tajikistan "On Countering the Legalization (Money Laundering) of Proceeds from Crime, Terrorism Financing and Financing of Proliferation of Weapons of Mass Destruction" (hereinafter referred to as the Law), and establish general requirements for accountable subjects regarding internal control programs to counter the legalization (money laundering) of proceeds from crime, terrorism financing and financing of proliferation of weapons of mass destruction.
1. GENERAL PROVISIONS
1. The following main concepts are used in these Requirements:
2. Accountable subjects apply internal control programs to perform the following tasks and obligations:
3. In organizing internal control, accountable subjects develop and implement internal control measures (rules and procedures) in accordance with the Law and these Requirements. Internal control measures must include the following programs:
4. Accountable subjects develop and apply internal control measures based on a risk-based approach in accordance with the legislation of the Republic of Tajikistan in the field of countering the legalization (money laundering) of proceeds from crime, terrorism financing and financing of proliferation of weapons of mass destruction.
5. To increase the effectiveness of implementing internal control measures, accountable subjects are recommended to use automated information systems that meet the requirements of the accountable subject's internal control program (rules and procedures).
6. The internal control program of an accountable subject must comply with the legislation of the Republic of Tajikistan in the field of countering the legalization (money laundering) of proceeds from crime, terrorism financing and financing of proliferation of weapons of mass destruction, and these Requirements, and must be developed and applied taking into account the specifics of the activity, staff size, client base and risk level of the accountable subject.
Accountable subjects are obliged to monitor the application of the internal control program and strengthen it if necessary.
7. Accountable subjects attracting agents to perform their functions and conduct certain operations are obliged to ensure their application of the requirements of internal control programs and exercise control over their implementation.
8. Accountable subjects, depending on their organizational and legal form, establish the following control structure and its functions:
1) the highest management body or other authorized management body:
9. In case the highest governing body of the accountable subject consists of a sole executive body, such person performs the functions provided for in subparagraphs 1) and 2) of paragraph 8 of these Requirements.
2. REQUIREMENTS FOR THE RISK ASSESSMENT PROGRAM
10. Accountable subjects are obliged to identify (detect), assess, document and constantly update their risks regarding the following subjects and objects:
11. When assessing risks, accountable subjects take into account the results of national and sectoral risk assessments, as well as other documents and recommendations adopted by the authorized and supervisory bodies.
12. Accountable subjects are obliged to review the risk assessment on a regular basis, as well as upon changes in the description (data) of the client, implementation of new products, services or technologies.
13. Upon establishing increased risk, accountable subjects apply enhanced measures for risk management and reduction, and upon establishing low risk, they apply simplified measures for risk management and reduction. The volume of applied measures must be commensurate with the level of identified risk.
14. The application of simplified measures for risk management and reduction is not permitted in the presence of suspicions of legalization (money laundering) of proceeds from crime, terrorism financing or financing of proliferation of weapons of mass destruction.
3. REQUIREMENTS FOR THE CUSTOMER DUE DILIGENCE AND DATA RETENTION PROGRAM
15. To implement the requirements of the Law on customer due diligence, the accountable subject develops a customer due diligence program (their representatives) and beneficial owners.
16. Customer due diligence is conducted in the manner established by the Law and Instruction No. 257 "On Customer Due Diligence" (hereinafter referred to as Instruction No. 257), approved by the Resolution of the Board of the National Bank of Tajikistan of August 2, 2023, No. 85, registered with the Ministry of Justice of the Republic of Tajikistan on September 8, 2023, No. 1254.
17. The customer due diligence program includes:
18. Accountable subjects are obliged to classify their clients taking into account risk criteria (high, medium and low). Depending on the client's risk level, the degree of measures carried out by the accountable subject is expressed in the application of standard, simplified or enhanced customer due diligence measures in accordance with the Law and Instruction No. 257.
19. The following persons, cases and objects may be referred to high-risk categories:
20. Internal legal acts of the accountable subject provide for other categories and requirements for high risks.
21. The following persons, cases and objects are referred to low-risk categories:
22. During customer due diligence by the accountable subject, a check is conducted for the presence of the client (client representative), his beneficial owner and counterparty (if any) in sanctions lists, as well as in other lists formed by the authorized body. The check for the presence of the client (client representative), his beneficial owner and counterparty (if any) in the specified lists does not depend on the client's risk level and is carried out as changes (updates) are made to these lists.
23. Information obtained in accordance with paragraphs 17, 18 and 22 of these Requirements is entered by the accountable subject into the client's questionnaire (file), which is stored (in paper or electronic form) throughout the entire period of business relations with the client and for at least five years after their termination.
24. The frequency of updating and/or the need to obtain additional information about the client (his representative) and beneficial owner is established taking into account the client's risk level and/or the degree of exposure to risks of the products and services of the accountable subject used by the client.
4. REQUIREMENTS FOR THE TRANSACTION (OPERATION) MONITORING PROGRAM, IDENTIFICATION OF SUSPICIOUS TRANSACTIONS (OPERATIONS) AND OPERATIONS SUBJECT TO MANDATORY CONTROL
25. Accountable subjects develop a program for monitoring and studying client operations and transactions in order to implement the requirements of the Law on identifying and sending reports to the authorized body about suspicious transactions and operations, as well as operations subject to mandatory control.
26. The program for monitoring and studying client operations includes:
27. Upon identification of suspicious transactions and operations, as well as operations subject to mandatory control, subdivisions (employees) of the accountable subject send reports about this to the internal control service or the responsible person in the manner, form and deadlines established by the internal documents of the accountable subject. One report contains information about several operations and transactions.
28. The degree of monitoring and study of client operations and transactions is determined by the accountable subject taking into account the client's risk level (group of clients) and/or the degree of exposure to risks of the services (products) of the accountable subject used by the client, as well as possible scenarios (schemes) of legalization (money laundering) of proceeds from crime,
by means, terrorism financing and financing of proliferation of weapons of mass destruction.
29. Accountable subjects study and analyze operations conducted by the client over a certain period of time in the event of assigning a high risk level to the client, as well as in the event of the client committing a suspicious operation.
5. REQUIREMENTS FOR PROCEDURES FOR SELECTION AND VERIFICATION OF EMPLOYEES UPON EMPLOYMENT (HIRING)
30. Accountable subjects, when hiring employees, require and verify their personal documents in accordance with Article 26 of the Labor Code of the Republic of Tajikistan.
31. Accountable subjects carry out verification of a person entering employment against sanctions lists, other lists formed by the authorized body, as well as for the presence or absence of a criminal record, by requesting a certificate of no criminal record.
6. REQUIREMENTS FOR THE ORGANIZATION OF AN INTERNAL CONTROL SERVICE
32. An internal control service is created or designated in the Accountable subject, taking into account the features of its activities, staff size, client base, and risk level of the accountable subject.
33. In the event that the staff size of the accountable subject consists of up to twenty people, the accountable subject has the right not to create an internal control service, but to appoint a person (compliance specialist) responsible for the implementation and compliance with the rules and programs of internal control, and a person replacing him (responsible person) from among the employees.
34. The structure of the internal control service is determined by the decision of the management of the accountable subject and must be reviewed taking into account the risk assessment and in accordance with the instruction (directive) of the relevant supervisory authority.
35. The functions of the responsible person and the internal control service must be independent from the operational activities of the accountable subject and must not be subordinate to subdivisions carrying out operational activities, except for cases provided for in paragraph 33 of these Requirements.
36. The head (including temporary) of the internal control service or the appointed responsible person during the period of performing functions in this position must meet high professional and ethical standards, have an impeccable business reputation, as well as have at least three years of work experience in the financial sector, in the field of compliance, internal control, audit or risk management, or another field of activity of the accountable subject.
37. The head of the internal control service is appointed to the position and dismissed from the position by the decision of the head of the accountable subject in agreement with the highest management body. The head of the internal control service, depending on the organizational and legal form of the accountable subject, must be directly accountable to the highest management body (supervisory board) and/or the highest executive body (chairman of the board) or the director (if there is a sole executive body) of the accountable subject. Employees of the internal control service are directly subordinate to the head of the internal control service.
38. The accountable subject is obliged to notify the authorized body and the supervisory body in writing of the appointment of the responsible person and the person replacing him no later than two working days from the date of appointment. The authorized body provides access to the reporting system of the authorized body to the responsible person and the person replacing him.
39. When hiring into the internal control service, in addition to paragraph 26 of these Requirements, the following qualification requirements are imposed on candidates:
41. The internal control service ensures control over the compliance of conducted operations (transactions) with the requirements of the legislation of the Republic of Tajikistan in the field of counteraction to the legalization (money laundering) of proceeds obtained by criminal means, terrorism financing and financing of the proliferation of weapons of mass destruction.
42. The internal control service must perform the following functions:
45. Employees of the accountable subject must assist the internal control service in performing its functions in accordance with these Requirements and the internal documents of the accountable subject.
46. Employees of the accountable subject who become aware of a violation of the legislation of the Republic of Tajikistan in the field of counteraction to the legalization (money laundering) of proceeds obtained by criminal means, terrorism financing and financing of the proliferation of weapons of mass destruction in the accountable subject are obliged to immediately report this to their supervisor and the internal control service.
7. REQUIREMENTS FOR THE TRAINING AND STAFF PREPARATION PROGRAM, THEIR QUALIFICATION IMPROVEMENT
47. Accountable subjects develop a training and staff preparation program, their qualification improvement in the field of counteraction to the legalization (money laundering) of proceeds obtained by criminal means, terrorism financing and financing of the proliferation of weapons of mass destruction (hereinafter – training program) taking into account the requirements of legislation in the relevant field, as well as the features of activities of accountable subjects and their clients.
48. The training program should be aimed at achieving the following goals:
ensuring the formation of knowledge and skills in employees necessary for them to comply with the requirements of normative legal acts;
increasing their level of professional training;
identification and prevention of operations related to the legalization (money laundering) of proceeds obtained by criminal means, terrorism financing and financing of the proliferation of weapons of mass destruction, as well as minimizing corresponding risks and ensuring the effective functioning of the internal control system.
49. The training and staff preparation program must include:
employee training procedures, including the topic of training, methods, timing of conduct and the subdivision responsible for conducting training;
a list of subdivisions whose employees undergo training;
procedure for conducting and storing training results;
procedure and forms of checking employees' knowledge on issues of counteraction to the legalization (money laundering) of proceeds obtained by criminal means, terrorism financing and financing of the proliferation of weapons of mass destruction.
50. Training, preparation and qualification improvement of employees of the accountable subject is carried out in accordance with the training plan developed by the accountable subject. The accountable subject is obliged to ensure that the employee undergoes training no less than once every two years. Training, preparation and qualification improvement of staff are conducted in the forms of conducting seminars, round tables, other training events, as well as periodic exams and tests, including remotely, and contain:
study of normative legal acts of the Republic of Tajikistan in the field of counteraction to the legalization (money laundering) of proceeds obtained by criminal means, terrorism financing and financing of the proliferation of weapons of mass destruction;
study of international standards in the field of counteraction to the legalization (money laundering) of proceeds obtained by criminal means, terrorism financing and financing of the proliferation of weapons of mass destruction;
study of rules, procedures and programs of internal control of the accountable subject, other internal documents on issues of counteraction to the legalization (money laundering) of proceeds obtained by criminal means, terrorism financing and financing of the proliferation of weapons of mass destruction;
study of typologies, schemes and methods of legalization (money laundering) of proceeds obtained by criminal means, terrorism financing and financing of the proliferation of weapons of mass destruction, as well as signs of suspicious operations and transactions;
other issues in the field of counteraction to the legalization (money laundering) of proceeds obtained by criminal means, terrorism financing and financing of the proliferation of weapons of mass destruction.
51. Unscheduled training is conducted by the accountable subject in the following cases:
upon entry into force of new or amendments and additions to existing normative legal acts of the Republic of Tajikistan in the field of counteraction to the legalization (money laundering) of proceeds obtained by criminal means, terrorism financing and financing of the proliferation of weapons of mass destruction;
upon approval of new or amendments and additions to existing rules and procedures of internal control of the accountable subject;
upon hiring a new employee, his transfer to another permanent job in the accountable subject, including the appointment of a responsible person and the person replacing him, in the event that their knowledge and skills in the field of counteraction to the legalization (money laundering) of proceeds obtained by criminal means, terrorism financing and financing of the proliferation of weapons of mass destruction are insufficient for the performance of duties assigned to them.
52. Accountable subjects keep a record of employees' training and store it for at least 5 years.
8. REQUIREMENTS FOR THE PROGRAM FOR APPLYING INTERNAL CONTROL MEASURES AT THE GROUP LEVEL
53. Accountable subjects ensure the development and implementation of group (corporate) internal control programs by their branches and representative offices, as well as subsidiary and affiliated enterprises (societies) operating on the territory of the Republic of Tajikistan and a foreign state.
54. In the event that the legislation of the country where the branches, subsidiaries or affiliated enterprises (societies) are located does not allow the application of group (corporate) internal control programs and the requirements of the legislation of the Republic of Tajikistan in the field of counteraction to the legalization (money laundering) of proceeds obtained by criminal means, terrorism financing and financing of the proliferation of weapons of mass destruction, branches and representative offices, as well as subsidiary and affiliated enterprises (societies) of the accountable subject apply necessary measures for risk management and report this to the relevant supervisory authority of the Republic of Tajikistan.
55. For proper client verification and risk management within the framework of group (corporate) programs, information exchange is ensured about clients, beneficial owners, accounts, operations (transactions), including reports on suspicious operations (transactions), about risks and typologies between the main company, branches, representative offices, subsidiaries and affiliated enterprises (societies) of the accountable subject.
56. Within the framework of group (corporate) programs, independent audit and control at the level of the financial group are carried out regarding the implementation of the requirements of internal control programs, and measures are applied to reduce identified risks.
57. Accountable subjects that are a financial group, having their own branches and representative offices, as well as subsidiary and affiliated enterprises (societies), develop and apply group (corporate) internal control programs at all levels of the group, including internal procedures for exchanging any information within the financial group, ensuring the transfer, storage and protection of confidential information from unauthorized access, destruction, alteration, use or disclosure.
9. REQUIREMENTS FOR THE PROGRAM FOR CONDUCTING INTERNAL OR EXTERNAL INDEPENDENT AUDIT TO CHECK THE SYSTEM OF INTERNAL CONTROL MEASURES
58. Accountable subjects must conduct an internal or external independent audit on a regular basis, but no less than once a year, which includes the following:
59. The audit is conducted by internal auditors or a person/subdivision responsible for the audit of the accountable subject, and in their absence - by external auditors (individual auditor) and/or audit organizations.
60. For the purpose of conducting a qualitative and comprehensive independent audit, the auditor conducts consultations with the internal control service to obtain information about internal measures, procedures and control systems in the field of counteraction to the legalization (money laundering) of proceeds obtained by criminal means, terrorism financing and financing of the proliferation of weapons of mass destruction, as well as existing problems. The auditor must have access to all materials and reports of the accountable subject.
61. As a result of the conducted independent audit, the auditor presents an audit opinion (report) in the established form, which includes the following information:
10. FINAL PROVISIONS
63. Supervisory bodies exercise control over the compliance of these Requirements by accountable subjects.
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Source: National Bank of Tajikistan — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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