Resolution of the Board of the National Bank of the Kyrgyz Republic No. 30/8 of 13 June 2007 on Amending and Supplementing Resolution of the Board of the National Bank of the Kyrgyz Republic No. 42/1 of 30 November 2000 "On Approval of the Regulation on the Procedure for Conducting Exchange Operations with Cash Foreign Currency in the Kyrgyz Republic"

NATIONAL BANK OF THE KYRGYZ REPUBLIC

RESOLUTION

of 13 June 2007 No. 30/8

On Amending and Supplementing Resolution of the Board of the National Bank of the Kyrgyz Republic No. 42/1 of 30 November 2000 "On Approval of the Regulation on the Procedure for Conducting Exchange Operations with Cash Foreign Currency in the Kyrgyz Republic"

Having considered the draft amendments and supplements to Resolution of the Board of the National Bank of the Kyrgyz Republic No. 42/1 of 30 November 2000 "On Approval of the Regulation on the Procedure for Conducting Exchange Operations with Cash Foreign Currency in the Kyrgyz Republic", registered with the Ministry of Justice of the Kyrgyz Republic on 15 December 2000, registration number 201, guided by Articles 4, 7 and 43 of the Law of the Kyrgyz Republic "On the National Bank of the Kyrgyz Republic", the Board of the National Bank of the Kyrgyz Republic

RESOLVES:

1. To approve the attached amendments and supplements to Resolution of the Board of the National Bank of the Kyrgyz Republic No. 42/1 of 30 November 2000 "On Approval of the Regulation on the Procedure for Conducting Exchange Operations with Cash Foreign Currency in the Kyrgyz Republic", registered with the Ministry of Justice of the Kyrgyz Republic on 15 December 2000, registration number 201 (attached).

2. The Supervision and Licensing Methodology Department, together with the Legal Department, shall carry out, in the established procedure, the state registration of this resolution with the Ministry of Justice of the Kyrgyz Republic.

3. This resolution shall enter into force from the moment of official publication after state registration with the Ministry of Justice of the Kyrgyz Republic.

4. After publication of the registered normative act, the Legal Department shall inform the Ministry of Justice of the Kyrgyz Republic of the source of publication (name of the publication, its number and date).

5. Control over the execution of this resolution shall be assigned to the Deputy Chairman of the National Bank of the Kyrgyz Republic, K.K. Bokontaev.

Chairman	M. Alapaev

	Approved by Resolution of the Board of the National Bank of the Kyrgyz Republic of 13 June 2007 No. 30/8

AMENDMENTS AND SUPPLEMENTS to Resolution of the Board of the National Bank of the Kyrgyz Republic No. 42/1 of 30 November 2000 "On Approval of the Regulation on the Procedure for Conducting Exchange Operations with Cash Foreign Currency in the Kyrgyz Republic", registered with the Ministry of Justice of the Kyrgyz Republic on 15 December 2000, registration number 201

To introduce into the Regulation on the Procedure for Conducting Exchange Operations with Cash Foreign Currency in the Kyrgyz Republic, approved by Resolution of the Board of the National Bank of the Kyrgyz Republic No. 42/1 of 30 November 2000 "On Approval of the Regulation on the Procedure for Conducting Exchange Operations with Cash Foreign Currency in the Kyrgyz Republic", registered with the Ministry of Justice of the Kyrgyz Republic on 15 December 2000, registration number 201 (hereinafter - the Regulation), the following amendments and supplements:

1. Paragraph 2.5 shall be supplemented with subparagraphs 26, 27, 28, 29, 30 as follows:

"26) appoint an employee responsible for compliance with the requirements of the Law of the Kyrgyz Republic "On Combating the Financing of Terrorism and the Legalization (Laundering) of Proceeds from Crime";

27) record information on all exchange operations with cash foreign currency, including information about the client, in the Journal of Registration of Information on Operations with Clients, which must be numbered, bound and sealed with the seal of the legal entity or private entrepreneur (Appendix 1a). Store the information specified in this subparagraph for at least five years;

28) twice a month, as of the 1st and 16th, submit the information recorded in the Journal of Registration of Information on Operations with Clients to the authorized state body in the field of combating the financing of terrorism and the legalization (laundering) of proceeds from crime (hereinafter - the authorized state body) in the form of an electronic document submitted on a magnetic medium with a cover letter from the exchange office. The cover letter, signed by the head of the exchange office and certified by the seal (stamp) of the exchange office, must contain information on the number of clients whose data are transmitted to the authorized state body.

29) if the amount of an operation with cash foreign currency is equal to or exceeds 1,000,000 soms (foreign currency equivalent), submit information on this operation to the authorized state body no later than the business day following the day of such operation in the form of an electronic document submitted on a magnetic medium;

30) ensure training of employees on issues of combating the financing of terrorism and the legalization (laundering) of proceeds from crime".

2. Subparagraph 26 of paragraph 2.5 shall accordingly be considered subparagraph 31.

3. In paragraph 2.7, after the words "in subparagraphs 1-14", add the number ", 27".

4. Paragraph 3.1 shall be supplemented with a fourth paragraph as follows:

"- Law of the Kyrgyz Republic "On Combating the Financing of Terrorism and the Legalization (Laundering) of Proceeds from Crime".

5. The fourth, fifth and sixth paragraphs of paragraph 3.1 shall accordingly be considered the fifth, sixth and seventh paragraphs.

6. Paragraph 4.1 shall be stated as follows:

"4.1. The purchase of cash foreign currency shall be carried out with mandatory identification of the client on the basis of an identity document (with photograph). In the presence of the client, the cashier shall recount the amount of cash and verify the authenticity of the currency presented by the client. In this case, the handling of banknotes must be carried out in such a way that the banknotes are within the client's field of vision. Information about the client (on the basis of an identity document) and the purchase operations of cash foreign currency shall be recorded in the Journal of Registration of Information on Operations with Clients".

7. Paragraph 4.4 shall be stated as follows:

"4.4. The sale of cash foreign currency shall be carried out with mandatory identification of the client on the basis of an identity document (with photograph). In the presence of the client, the cashier shall recount the amount of cash and verify the authenticity of the currency presented by the client. In this case, the handling of banknotes must be carried out in such a way that the banknotes are within the client's field of vision. Information about the client (on the basis of an identity document) and the sale operations of cash foreign currency shall be recorded in the Journal of Registration of Information on Operations with Clients".

8. In Appendix 6, the words "Banking Supervision Department" shall be replaced by the words "Non-Banking Institutions Supervision Department".

9. The Regulation shall be supplemented with Appendix 1a as follows:

"Appendix 1a

Кардарлар менен жургузулгон операциялар

жонундо маалыматты каттоо

ЖУРНАЛЫ

JOURNAL

of registration of information on operations with clients

┌───────┬─────────┬────────┬─────────┬────────┬───────────┬───────────┐

│ Opera-│ Opera- │ Opera- │Client's │Passport│ Place │ Place │ │ tion │ tion │ tion │ name/ │ number,│ of resi- │ of resi- │ │ date/ │ type(1)/│ amount │Name of │ date of│ dence/ │ dence/ │ │ Date │ Type of │ in soms│ legal │ issue/ │ place of │ place of │ │ of │ opera- │/Amount │ entity │ Number │ registra- │ location │ │ opera-│ tion(1) │ of ope-│ │ of KR │ tion of │ of legal │ │ tion │ │ ration │ │ Ministry│ physical │ entity/ │ │ │ │ in soms│ │ of Jus-│ person/ │ Address │ │ │ │ │ │ tice │ place of │ of place │ │ │ │ │ │ certi- │ registra- │ of stay │ │ │ │ │ │ ficate,│ tion of │ of physi- │ │ │ │ │ │ date of│ legal │ cal person│ │ │ │ │ │ issue │ entity │/place of │ │ │ │ │ │ │ │ location │ │ │ │ │ │ │ │ of legal │ │ │ │ │ │ │ │ entity │ ├───────┼─────────┼────────┼─────────┼────────┼───────────┼───────────┤ ├───────┼─────────┼────────┼─────────┼────────┼───────────┼───────────┤ ├───────┼─────────┼────────┼─────────┼────────┼───────────┼───────────┤ └───────┴─────────┴────────┴─────────┴────────┴───────────┴───────────┘

Signature of the responsible employee of the exchange office ______

Signature of the head of the exchange office ______

Note:

1 - type of operation: purchase or sale of foreign currency