Resolution of the Cabinet of Ministers of the Republic of Uzbekistan on Approval of the Regulation on Remote Digital Identification of Clients in the Securities Market

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OKOZ:
1.
07.00.00.00 Legislation on Finance and Credit. Banking Activity / 07.24.00.00 Securities. Securities Market / 07.24.02.00 General Rules of the Securities Market;
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12.00.00.00 Information and Information Provision / 12.03.00.00 Information Resources. Use of Information Resources / 12.03.02.00 Documentation of Information. Electronic Document Circulation / 12.03.02.01 Electronic Document Circulation]
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Economy / Information and Information Provision. Electronic Commerce (Document Circulation); 2.
Finance / Securities. Securities Market]
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Resolution of the Cabinet of Ministers of the Republic of Uzbekistan Send Suggestions for the Document Listen to Audio Get Reference from Document Element date Send Suggestions for the Document Listen to Audio Get Reference from Document Element On Approving the Regulation on the Procedure for Remote Digital Identification of Clients in the Securities Market 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 Laws of the Republic of Uzbekistan "On the Securities Market" and "On Combating the Legalization of Proceeds from Criminal Activity, Financing of Terrorism and Proliferation of Weapons of Mass Destruction", as well as to ensure the implementation of the Resolution of the President of the Republic of Uzbekistan No. PQ-291 dated September 2, 2023 "On Additional Measures for the Development of the Capital Market", the Cabinet of Ministers resolves:
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For information, it is accepted that Paragraph 29 of the "Roadmap" for the development of the capital market for 2023-2025, approved by the Resolution of the President of the Republic of Uzbekistan No. PQ-291 dated September 2, 2023, establishes the development of the procedure for remotely opening a depository account and concluding contracts with investors.
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This Regulation establishes the procedure for client verification in accordance with the "Know Your Customer" (KYC, e-KYC) and "Combating the Legalization of Proceeds from Criminal Activity and Financing of Terrorism" (AML/CFT) systems, taking into account the requirements of the Financial Action Task Force (FATF), for the remote digital identification of residents and non-residents, including persons authorized to act on behalf of legal entities, by investment intermediaries, as well as for the purpose of collecting their personal data when concluding contracts with clients.
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07.00.00.00 Legislation on Finance and Credit. Banking Activity / 07.24.00.00 Securities. Securities Market / 07.24.02.00 General Rules of the Securities Market]
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2. After passing digital identification, investment intermediaries take the necessary verification measures in the manner established by legislation.
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3. The following main concepts are used in this Regulation:
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OKOZ:
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07.00.00.00 Legislation on Finance and Credit. Banking Activity / 07.24.00.00 Securities. Securities Market / 07.24.04.00 Professional Activity in the Securities Market / 07.24.04.01 Investment Intermediary]
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Get Reference from Document Element investment intermediary — a professional participant of the securities market that carries out transactions and operations related to securities on behalf of and at the expense of the client in accordance with the client's order; [ OKOZ:
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07.00.00.00 Legislation on Finance and Credit. Banking Activity / 07.30.00.00 Combating the Legalization of Proceeds from Criminal Activity and Financing of Terrorism / 07.30.01.00 Measures Directed at Combating the Legalization of Proceeds from Criminal Activity and Financing of Terrorism]
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Get Reference from Document Element internal control rules — internal control rules of investment intermediaries for combating the legalization of proceeds from criminal activity, financing of terrorism, and proliferation of weapons of mass destruction; Send Suggestions for the Document Listen to Audio Get Reference from Document Element digital identification — the process of checking and confirming the identity of a client based on the requirements established in this Regulation, using information systems; Send Suggestions for the Document Listen to Audio Get Reference from Document Element digital authentication — the process of checking and confirming the identity of a client by automatically (without human intervention) comparing a photo or video image obtained in real-time from a previously identified client with initial identification data; Send Suggestions for the Document Listen to Audio Get Reference from Document Element list — a list of persons involved or suspected of involvement in terrorist activities or the proliferation of weapons of mass destruction, compiled by the Department for Combating Economic Crimes under the Prosecutor General's Office of the Republic of Uzbekistan, based on information provided by state bodies combating terrorism and the proliferation of weapons of mass destruction and other authorized bodies of the Republic of Uzbekistan, as well as information provided through official channels by authorized bodies of foreign states and international organizations. [ OKOZ:
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07.00.00.00 Legislation on Finance and Credit. Banking Activity / 07.28.00.00 Investments and Attraction of Foreign Funds (see also 07.05.04.00, 09.12.03.00, 10.01.05.00) / 07.28.01.00 State Regulation of Investment Activity;
2.
07.00.00.00 Legislation on Finance and Credit. Banking Activity / 07.30.00.00 Combating the Legalization of Proceeds from Criminal Activity and Financing of Terrorism / 07.30.01.00 Measures Directed at Combating the Legalization of Proceeds from Criminal Activity and Financing of Terrorism]
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4. Before establishing the procedure for digital identification of clients, the investment intermediary must study, analyze, identify, assess, monitor, manage, document, and take measures to reduce the level of potential risks of legalization of proceeds from criminal activity, financing of terrorism, and proliferation of weapons of mass destruction, as well as establish a procedure for digital identification of clients in its internal rules that takes into account these situations.
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OKOZ:
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07.00.00.00 Legislation on Finance and Credit. Banking Activity / 07.24.00.00 Securities. Securities Market / 07.24.04.00 Professional Activity in the Securities Market / 07.24.04.01 Investment Intermediary;
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07.00.00.00 Legislation on Finance and Credit. Banking Activity / 07.28.00.00 Investments and Attraction of Foreign Funds (see also 07.05.04.00, 09.12.03.00, 10.01.05.00) / 07.28.02.00 Subjects of Investment Activity;
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12.00.00.00 Information and Information Provision / 12.03.00.00 Information Resources. Use of Information Resources / 12.03.06.00 Personal Data and Their Protection]
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5. The investment intermediary:
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Get Reference from Document Element takes the necessary legal, organizational, and technical measures to protect the client's identification data; Send Suggestions for the Document Listen to Audio Get Reference from Document Element ensures the reliability and accuracy of identification data; Send Suggestions for the Document Listen to Audio Get Reference from Document Element takes measures against falsification, unauthorized alteration, disclosure, and premature destruction of identification data; Send Suggestions for the Document Listen to Audio Get Reference from Document Element ensures the storage of identification data within the timeframes established by legislation and controls their use; Send Suggestions for the Document Listen to Audio Get Reference from Document Element implements a system of measures to reduce and control operational risks related to information security in providing services to clients, including ensuring security during the digital identification of the client; Send Suggestions for the Document Listen to Audio Get Reference from Document Element applies the rules of multi-factor authentication (contacting the mobile phone or sending an SMS message, or additionally checking and confirming the client's identity through email, as well as social networks) for clients using investment intermediary services through communication channels; Send Suggestions for the Document Listen to Audio Get Reference from Document Element processes the client's personal data only for the purposes envisaged by this Regulation; Send Suggestions for the Document Listen to Audio Get Reference from Document Element must apply necessary requirements for information security in accordance with other sectoral legislative acts. Send Suggestions for the Document Listen to Audio Get Reference from Document Element
Chapter 2. Digital Identification of Clients
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OKOZ:
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07.00.00.00 Legislation on Finance and Credit. Banking Activity / 07.24.00.00 Securities. Securities Market / 07.24.04.00 Professional Activity in the Securities Market / 07.24.04.01 Investment Intermediary;
2.
07.00.00.00 Legislation on Finance and Credit. Banking Activity / 07.28.00.00 Investments and Attraction of Foreign Funds (see also 07.05.04.00, 09.12.03.00, 10.01.05.00) / 07.28.01.00 State Regulation of Investment Activity;
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09.00.00.00 Entrepreneurship and Economic Activity / 09.01.00.00 Legislation on Entrepreneurship / 09.01.07.00 Electronic Commerce. Electronic Digital Signature (see also 12.03.02.02, 12.03.02.03)]
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6. In digital identification of clients, the investment intermediary uses the following methods:
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Get Reference from Document Element checking and identifying the client's identity based on the data provided by the client; Send Suggestions for the Document Listen to Audio Get Reference from Document Element checking and identifying the client's identity in real-time without human intervention by the information systems of the investment intermediary. [ OKOZ:
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07.00.00.00 Legislation on Finance and Credit. Banking Activity / 07.24.00.00 Securities. Securities Market / 07.24.04.00 Professional Activity in the Securities Market / 07.24.04.01 Investment Intermediary;
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12.00.00.00 Information and Information Provision / 12.02.00.00 Management in the Field of Information and Information Provision. Electronic Government / 12.02.01.00 Bodies Managing Information Provision;
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12.00.00.00 Information and Information Provision / 12.03.00.00 Information Resources. Use of Information Resources / 12.03.06.00 Personal Data and Their Protection]
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7. When checking and identifying the client's identity using the method specified in the third paragraph of Paragraph 6 of this Regulation, the investment intermediary:
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Get Reference from Document Element accepts photos of the relevant parts of the identity document (biometric passport or identification ID card for citizens of the Republic of Uzbekistan, or documents equivalent to them for citizens of foreign states) containing the necessary information in accordance with the requirements of internal control rules; Send Suggestions for the Document Listen to Audio Get Reference from Document Element accepts a photo and/or video image of the client in accordance with the requirements of this Regulation; Send Suggestions for the Document Listen to Audio Get Reference from Document Element compares them with the information in the central databases of physical and legal entities of the "Electronic Government" system (hereinafter — central database); Send Suggestions for the Document Listen to Audio Get Reference from Document Element requests information on the presence of an electronic digital signature key certificate in accordance with the Regulation on the Procedure for Issuing Electronic Digital Signatures through the Consular Institutions of the Republic of Uzbekistan Abroad, approved by the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan No. 413 dated July 29, 2022; Send Suggestions for the Document Listen to Audio Get Reference from Document Element compares the photo located in the identity document with the photo and/or video image accepted in accordance with this Regulation, as well as with the photo located in the central database (if available); Send Suggestions for the Document Listen to Audio Get Reference from Document Element checks using a method (contacting the mobile phone, sending an SMS message) that allows determining that the mobile phone number used to contact the client is indeed being used by this specific client. In this regard, for clients located abroad, verification via a code sent to an email address is allowed instead of a mobile number; Send Suggestions for the Document Listen to Audio Get Reference from Document Element conducts verification in accordance with internal control rules, taking into account whether the client belongs to the high-risk category or not. Send Suggestions for the Document Listen to Audio Get Reference from Document Element If information about the client is not found in the central database, the investment intermediary is allowed to establish an online video conference session with the client and identify the client. In this case, the responsible employee of the investment intermediary must determine and record the following via video conference:
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Get Reference from Document Element the identity document of the client, with the client's data clearly visible; Send Suggestions for the Document Listen to Audio Get Reference from Document Element the client holding this identity document; Send Suggestions for the Document Listen to Audio Get Reference from Document Element audiovisual confirmation (oral speech of the client) confirming the client's desire to conclude a contract with this investment intermediary. Send Suggestions for the Document Listen to Audio Get Reference from Document Element The responsible employee of the investment intermediary establishes an online video conference session with the client and checks the relevance of the information provided by the client to him. [ OKOZ:
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07.00.00.00 Legislation on Finance and Credit. Banking Activity / 07.24.00.00 Securities. Securities Market / 07.24.04.00 Professional Activity in the Securities Market / 07.24.04.01 Investment Intermediary;
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07.00.00.00 Legislation on Finance and Credit. Banking Activity / 07.28.00.00 Investments and Attraction of Foreign Funds (see also 07.05.04.00, 09.12.03.00, 10.01.05.00) / 07.28.02.00 Subjects of Investment Activity;
3.
12.00.00.00 Information and Information Provision / 12.03.00.00 Information Resources. Use of Information Resources / 12.03.06.00 Personal Data and Their Protection]
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8. The information system used by the investment intermediary for client identification, when checking and identifying the client's identity using the method specified in the third paragraph of Paragraph 6 of this Regulation:
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Get Reference from Document Element a) receives in real-time from the client the series and number of the identity document (biometric passport or identification ID card, or documents equivalent to them for citizens of foreign states), or the personal identification number of a physical person and date of birth, or all of these data, as well as a photo or video image in accordance with this Regulation; Send Suggestions for the Document Listen to Audio Get Reference from Document Element b) sends a request to the central database and receives the following personal data of the client:
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Get Reference from Document Element the personal identification number of a physical person (PIN, if available), except for foreign citizens whose identity is not confirmed in the central database; Send Suggestions for the Document Listen to Audio Get Reference from Document Element the date of issue, validity period, and place of issue of the biometric passport or identification ID card, or documents equivalent to them for citizens of foreign states; Send Suggestions for the Document Listen to Audio Get Reference from Document Element surname, name, and patronymic (in Latin script) in the state language; Send Suggestions for the Document Listen to Audio Get Reference from Document Element data on gender, country of birth, place of birth, nationality, citizenship, and permanent or temporary place of residence; Send Suggestions for the Document Listen to Audio Get Reference from Document Element c) automatically (without human intervention) compares the photo or photo from the video image obtained in real-time from the client with the photo from the central database (if available); Send Suggestions for the Document Listen to Audio Get Reference from Document Element d) checks using a method (contacting the mobile phone, sending an SMS message) that allows determining that the mobile phone number used to contact the client is indeed being used by this specific client; Send Suggestions for the Document Listen to Audio Get Reference from Document Element e) automatically compares (without human intervention) the accepted data with the list in accordance with internal control rules. [ OKOZ:
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07.00.00.00 Legislation on Finance and Credit. Banking Activity / 07.28.00.00 Investments and Attraction of Foreign Funds (see also 07.05.04.00, 09.12.03.00, 10.01.05.00) / 07.28.02.00 Subjects of Investment Activity]
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9. The investment intermediary uses its own information systems or information systems provided by third parties on a contractual basis for digital identification of clients.
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OKOZ:
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12.00.00.00 Information and Information Provision / 12.02.00.00 Management in the Field of Information and Information Provision. Electronic Government / 12.02.01.00 Bodies Managing Information Provision]
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10. Information systems used for digital identification of clients:
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Get Reference from Document Element must be located on servers within the territory of the Republic of Uzbekistan (servers used for conducting online video conference sessions with clients are excluded); Send Suggestions for the Document Listen to Audio Get Reference from Document Element ensure mutual encryption of data transmission; Send Suggestions for the Document Listen to Audio Get Reference from Document Element ensure the use of only photos and/or video images created in real-time; Send Suggestions for the Document Listen to Audio Get Reference from Document Element must be protected against photo and/or video image substitution and tampering, and against the use of previously created photos and/or video images; Send Suggestions for the Document Listen to Audio Get Reference from Document Element must allow detecting attempts by clients to use photos and/or video images of other clients during identification. Send Suggestions for the Document Listen to Audio Get Reference from Document Element
11. In digital identification and digital authentication of the client:
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Get Reference from Document Element the photo and/or video image must be in color; Send Suggestions for the Document Listen to Audio Get Reference from Document Element

Get link from document element the video must have sound; Send proposal to document Listen to audio Get link from document element no persons other than the client should be present in the photograph and/or video; Send proposal to document Listen to audio Get link from document element the client's face must not be partially or fully hidden, no shadows should fall on the client's face, and the client must not wear face-covering glasses (except for transparent-lensed glasses); Send proposal to document Listen to audio Get link from document element do not use video background changing or retouching technology; Send proposal to document Listen to audio Get link from document element the client's face must be clearly visible in the photograph and/or video. [ OKOZ:
1.
07.00.00.00 Legislation on Finance and Credit. Banking / 07.30.00.00 Combating Money Laundering and Financing of Terrorism / 07.30.01.00 Measures aimed at combating money laundering and financing of terrorism]
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When concluding contracts with clients, an investment intermediary implements a client verification system in accordance with the requirements of the Financial Action Task Force (FATF) on combating money laundering, based on the "Know Your Customer" (KYC, also e-KYC) and "Anti-Money Laundering and Combating the Financing of Terrorism" (AML/CFT) systems, for the purpose of obtaining their personal data. Send proposal to document Listen to audio Get link from document element
Chapter 3. Application of Digital Identification
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03.00.00.00 Civil Legislation / 03.10.00.00 Law of Obligations / 03.10.05.00 Contract. Conclusion, amendment and termination of contracts;
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07.00.00.00 Legislation on Finance and Credit. Banking / 07.21.00.00 Banking / 07.21.02.00 Procedure for opening and maintaining bank accounts]
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12. Digital identification may be applied in the provision of the following services, taking into account the requirements established in this Regulation:
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Get link from document element when an investment intermediary concludes contracts with clients remotely. In this case, the contract is signed by the client using the Unified Identification System (OneID), an electronic digital signature, or a public offer is accepted by the client; Send proposal to document Listen to audio Get link from document element when opening depo accounts remotely for clients who are residents or non-residents of the Republic of Uzbekistan; Send proposal to document Listen to audio Get link from document element when changing client questionnaire data (passport data, address, phone number, bank account, and other data) belonging to the investment intermediary's client; Send proposal to document Listen to audio Get link from document element when accepting electronic applications from clients for the provision of investment intermediary services. [ OKOZ:
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07.00.00.00 Legislation on Finance and Credit. Banking / 07.21.00.00 Banking / 07.21.05.00 Bank deposits and other deposit operations;
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07.00.00.00 Legislation on Finance and Credit. Banking / 07.24.00.00 Securities. Securities Market / 07.24.02.00 General rules of the securities market]
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13. An investment intermediary must establish restrictions in its internal rules for the following operations carried out with digitally identified clients, assessing the level of risk in accordance with internal control rules:
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Get link from document element the maximum amount of a single operation carried out by the securities holder; Send proposal to document Listen to audio Get link from document element the number of transactions carried out by the client during a calendar month; Send proposal to document Listen to audio Get link from document element the maximum amount of funds that can be withdrawn from an account through a single operation. Send proposal to document Listen to audio Get link from document element An investment intermediary may establish restrictions on operations carried out by each client, assessing the level of risk, for the digital identification of its clients and the digital authentication of previously identified clients. Send proposal to document Listen to audio Get link from document element In this case, the investment intermediary must duly verify its clients and conduct an assessment analysis in accordance with internal control rules. Send proposal to document Listen to audio Get link from document element
14. An investment intermediary must take measures to identify and prevent attempts by clients to circumvent established restrictions.
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OKOZ:
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07.00.00.00 Legislation on Finance and Credit. Banking / 07.30.00.00 Combating Money Laundering and Financing of Terrorism / 07.30.03.00 Information related to combating money laundering and financing of terrorism;
2.
09.00.00.00 Entrepreneurship and Economic Activity / 09.01.00.00 Legislation on Entrepreneurship / 09.01.07.00 Electronic Commerce. Electronic Digital Signature (see also 12.03.02.02, 12.03.02.03)]
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15. Clients are not digitally identified in the following cases:
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Get link from document element if the client and/or the operation carried out by the client falls into a high-risk category in accordance with internal control rules; Send proposal to document Listen to audio Get link from document element if there are doubts about the authenticity of the information provided by the client; Send proposal to document Listen to audio Get link from document element if there are doubts about the conformity of the photograph in the identity document with the photograph and/or video obtained in accordance with this Regulation and the photograph placed in the central database (if available); Send proposal to document Listen to audio Get link from document element if the information received from the client does not match the information placed in the central database or if it is impossible to verify its conformity; Send proposal to document Listen to audio Get link from document element if the photograph and/or video does not comply with the requirements of this Regulation; Send proposal to document Listen to audio Get link from document element if there are suspicions of money laundering, financing of terrorism, and financing the proliferation of weapons of mass destruction. Send proposal to document Listen to audio Get link from document element In this case, the investment intermediary must identify clients who are not digitally identified using traditional methods. [ OKOZ:
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12.00.00.00 Information and Informatization / 12.03.00.00 Information Resources. Use of Information Resources / 12.03.06.00 Personal Data and their Protection]
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16. If all identification data of the client partially or fully match the data of a registered person during digital identification, the investment intermediary must take the measures provided for in the internal control rules.
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17. The completion and maintenance of the client questionnaire based on the results of client digital identification are carried out based on the requirements established in the internal control rules.
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OKOZ:
1.
07.00.00.00 Legislation on Finance and Credit. Banking / 07.24.00.00 Securities. Securities Market / 07.24.02.00 General rules of the securities market]
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18. An investment intermediary that has implemented digital identification of clients must submit a report containing the following information to the authorized state body for the regulation of the securities market within ten days:
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Get link from document element the date of implementation of the client digital identification system; Send proposal to document Listen to audio Get link from document element a full description of the client digital identification processes; Send proposal to document Listen to audio Get link from document element a list of services provided by the investment intermediary through client digital identification; [ OKOZ:
1.
07.00.00.00 Legislation on Finance and Credit. Banking / 07.30.00.00 Combating Money Laundering and Financing of Terrorism / 07.30.03.00 Information related to combating money laundering and financing of terrorism]
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Get link from document element the procedure for implementing a client verification system in accordance with the "Know Your Customer" (KYC, also e-KYC) and "Anti-Money Laundering and Combating the Financing of Terrorism" (AML/CFT) systems for the purpose of obtaining clients' personal data when concluding contracts with them in the securities market. [ OKOZ:
1.
07.00.00.00 Legislation on Finance and Credit. Banking / 07.24.00.00 Securities. Securities Market / 07.24.04.00 Professional activity in the securities market / 07.24.04.01 Investment intermediary]
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19. In addition to the information provided for in the internal control rules for digitally identified clients, an investment intermediary must store photographs and/or video recordings obtained from clients, documents recording the exact date and time of client identity verification and identification, as well as the results of data verification using the central database, together with client questionnaires, for five years in accordance with internal control rules.
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20. The information systems of an investment intermediary must ensure the ability to quickly obtain information about digitally identified and digitally authenticated clients and their number.
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Chapter 4. Concluding Provisions
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21. When making changes to the data obtained as a result of client digital identification, the investment intermediary must comply with the requirements of this Regulation.
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22. Persons who violate the requirements of this Regulation shall be held liable in accordance with the procedure established by legislative acts.
LexUZ comment
See: Article 1741 of the Code of Administrative Responsibility of the Republic of Uzbekistan.
(National Database of Legislation, 27.04.2024, No. 09/24/238/0304)

Resolution of the Cabinet of Ministers of the Republic of Uzbekistan on Approval of the Regulation on Remote Digital Identification of Clients in the Securities Market

Lineage: In force