On Amendments and Additions to the Internal Control Rules for Countering the Legalization of Proceeds from Criminal Activities and Terrorist Financing in Commercial Banks

No. 47 (443) — 123 — Art. 433

RESOLUTION
OF THE BOARD OF THE CENTRAL BANK OF THE REPUBLIC OF UZBEKISTAN DEPARTMENT FOR COMBATING TAX, CURRENCY CRIMES AND MONEY LAUNDERING AT THE OFFICE OF THE GENERAL PROSECUTOR OF THE REPUBLIC OF UZBEKISTAN

433 On Amendments and Additions to the Internal Control Rules for Countering the Legalization of Proceeds from Criminal Activities and Terrorist Financing in Commercial Banks

Registered by the Ministry of Justice of the Republic of Uzbekistan on November 19, 2010, Registration No. 2023-2

(Enters into force on November 29, 2010)

In accordance with the laws of the Republic of Uzbekistan "On the Central Bank of the Republic of Uzbekistan" (Vedomosti Oliy Majlisi of the Republic of Uzbekistan, 1995, No. 12, Art. 247), "On Banks and Banking Activity" (Vedomosti Oliy Majlisi of the Republic of Uzbekistan, 1996, No. 5-6, Art. 54) and "On Countering the Legalization of Proceeds from Criminal Activities and Terrorist Financing" (Collection of Legislation of the Republic of Uzbekistan, 2004, No. 43, Art. 451), the Board of the Central Bank and the Department for Combating Tax, Currency Crimes and Money Laundering at the Office of the General Prosecutor of the Republic of Uzbekistan resolve:

1. Make amendments and additions to the Internal Control Rules for Countering the Legalization of Proceeds from Criminal Activities and Terrorist Financing in Commercial Banks, approved by the Resolution of the Board of the Central Bank and the Department for Combating Tax, Currency Crimes and Money Laundering at the Office of the General Prosecutor of the Republic of Uzbekistan dated October 13, 2009, Nos. 23/6, 32 (Reg. No. 2023 dated October 23, 2009) (Collection of Legislation of the Republic of Uzbekistan, 2009, No. 44, Art. 472) according to the Appendix.

2. This resolution enters into force upon the expiration of ten days

Collection of Legislation of the Republic of Uzbekistan, 2010

Art. 433 — 124 — No. 47 (443) from the date of its state registration in the Ministry of Justice of the Republic of Uzbekistan.

Chairman
Central Bank F. MULLAZHANOV

Tashkent,
October 23, 2010,
No. 34/17

Head of the Department for Combating
Tax, Currency Crimes
and Money Laundering
at the Office of the General Prosecutor Z. DUSANOV

Tashkent,
November 2, 2010,
No. 29

APPENDIX
to the Resolution of the Board of the Central Bank dated October 23, 2010, No. 34/17, the Department for Combating Tax, Currency Crimes and Money Laundering at the Office of the General Prosecutor of the Republic of Uzbekistan dated November 2, 2010, No. 29

Amendments and Additions Made to the Internal Control Rules for Countering the Legalization of Proceeds from Criminal Activities and Terrorist Financing in Commercial Banks

1. Subparagraph "b" of paragraph 22 is to be worded as follows:
   "b) when carrying out one-time operations in cases:
   sale by individuals of foreign currency cash and/or traveler's checks for an amount equal to or exceeding 1000 times the minimum wage; exchanges, replacements and/or conversion by individuals of foreign currency cash for an amount equal to or exceeding 100 times the minimum wage; receiving from clients foreign currency cash and/or traveler's checks for expertise for an amount equal to or exceeding 100 times the minimum wage; receiving by clients foreign currency cash from plastic cards; purchase by individuals of foreign currency cash and/or traveler's checks issued by foreign banks and financial institutions; when carrying out or receiving a money transfer without opening or using a bank account (except for payment of utility services, communication services, payments to the budget, off-budget funds and other mandatory payments);".

Collection of Legislation of the Republic of Uzbekistan, 2010

No. 47 (443) — 125 — Art. 433

2. Paragraph 24 is to be supplemented with a second paragraph as follows:
   "Commercial banks, in the presence of suspicions regarding the reliability of the received information (documents), must take measures to verify (authenticate) this (these) information (documents). In such a case, commercial banks have the right to appeal to the relevant organizations with a request to clarify the reliability (authenticity) of the information (documents) about clients."

3. Paragraph 25 is to be supplemented with second and third paragraphs as follows:
   "In the presence of doubts about the conduct of suspicious operations using software that allows operations to be carried out without the physical presence of the client, a commercial bank has the right to conduct a customer study at the legal address, with which a contract for service using the corresponding program is concluded, including for studying the process of carrying out the operation directly by the person specified in the banking service contract and regarding whom due diligence was conducted.

When studying the above, the commercial bank must pay special attention to the client's compliance with the requirements of the Regulation on Non-Cash Payments in the Republic of Uzbekistan (Reg. No. 1122 dated April 15, 2002) (Bulletin of Regulatory Acts of Ministries, State Committees and Agencies of the Republic of Uzbekistan, 2002, No. 7), including the preparation of payment documents, their certification by the signature of authorized persons (head, chief accountant), carrying out transfers based on these documents only after confirmation by an electronic digital signature by a person who directly has the right to an electronic signature, and storing these documents."

The second paragraph is to be considered the fourth paragraph.

4. Paragraph 38 is to be worded as follows:
   "38. In the absence of the possibility to conduct proper due diligence of a client, a commercial bank must consider the issue of sending a report about this to the Department and refuse to enter into business relations or to conduct an operation with funds or other property of such a client, or must terminate any business relations with him."

Collection of Legislation of the Republic of Uzbekistan, 2010

Art. 433 — 126 — No. 47 (443)
In the presence of information about a non-resident bank violating the requirements of international standards for countering the legalization of proceeds from criminal activities and terrorist financing, the board of a commercial bank must consider the issue of taking appropriate measures, up to terminating cooperation with such a correspondent bank."

5. Paragraph 44 is to be supplemented with subparagraph "z" as follows:
   "z) clients using software complexes that allow operations to be carried out without the personal presence of the client"; subparagraph "z" is to be considered subparagraph "i".

6. Paragraph 51 is to be worded as follows:
   "51. Employees of the Internal Control Service study information about the client and the operation, mark the corresponding information in the special journal of the Internal Control Service, in the client's questionnaire, and send them to the Head of the Internal Control Service."

7. Paragraph 67 is to be worded as follows:
   "67. For all clients, using special programs, questionnaires are filled out electronically. For clients conducting questionable and/or suspicious operations, and for clients classified in the high-risk category, questionnaires are also filled out on paper.

A client questionnaire filled out electronically, when transferred to a paper medium, is certified by the signature of the chief accountant of the commercial bank or, in the absence of a chief accountant, by his deputy or responsible employee."

Collection of Legislation of the Republic of Uzbekistan, 2010