THE LAW OF TURKMENISTAN ABOUT STRUGGLE AGAINST LEGALIZATION OF THE INCOMES RECEIVED BY CRIMINAL WAY AND AGAINST FINANCING OF TERRORISM The present Law is directed to protection of the rights and legitimate interests of citizens, society and the state, as well as the integrity of the financial system of Turkmenistan from criminal encroachments, by creation of the legal mechanism of struggle against legalization of the incomes received by criminal way and struggle against financing of terrorism. Section I. General provisions Article 1. The basic terms and concepts used in the present Law Terms and concepts used in the present Law have the following means: 1) the incomes received by criminal way are money resources both other movable and real estate, got as a result of carrying out of illegal actions against the objects protected by the Criminal law of Turkmenistan; 2) legalization of the incomes received by criminal way is giving of the lawful kind to possession, using or disposal of money resources or other property, got obviously by criminal way, as well as use of the specified means or property for realization of the entrepreneur or other economic activities, including for financing of terrorism; 3) property - any subject which is in possession, application, disposal and which is get in unlimited quantity by legal and physical persons who are not forbidden by the law and not contradicting norms of morals; 4) the suspicious transaction and operation - the transaction and operation, falling under signs of suspicious transactions and operations in conformity with the present Law, as well as according to the list of signs of suspicious operations, confirmed by the representative of the state body, namely transactions and operations made with money resources and/or with other property which have no clear economic or obvious lawful purpose also are not characteristic for activity of the given legal or physical person (persons); 5) the authorized state body is the state body created by the act of the President of Turkmenistan and according to the present law authorized to carry out gathering, analysis and transfer of information about suspicious transactions and operations and about the potential financing of terrorism, as well as to carry out the corresponding actions directed to struggle against legalization of incomes, received by criminal way and struggle against financing of terrorism; 6) Financing of terrorism - socially dangerous criminal action directed to maintenance of terrorist actions by financial, materialand-technical and other resources; 7) The persons representing data - any legal and/or physical persons, from listed below: The banks licensed and supervised by the Central Bank of Turkmenistan; Others financial and credit institution; The insurance organizations; The establishments which are engaged in leasing activity; Pawnshops; Business participants of the equity market; commodity-raw stock exchanges; currency stock exchanges; Legal and physical persons who are organizers of the gambling games; The establishments which are carrying out the state registration of the rights to real estate, as well as the establishments rendering services in the state registration of the rights to real estate, or transactions with other property, subjects of the state registration; The organizations of post and cable communication which are carrying out transfers of money resources, as well as other organizations which are carrying out of calculations and/or payments; Agents on operations with the real estate (realtors) when they take part in operations under the purchase or sale of real estate for the client; Dealers of precious metals and dealers of jewels when they carry out cash operations with the client over the established threshold sum; Organizers of the biddings and auctions; Lawyers, persons who are carrying out notarial activity, other independent lawyers and bookkeepers, the individual businessmen rendering legal services when they prepare or make for the client transactions on real estate purchase and sale; to management of money resources, securities or other property of the client; to management of bank, savings accounts or accounts of securities; as well as accumulation of means for creation, maintenance of functioning or management of the companies, as well as their creation, maintenance of functioning or management of the legal body or formation and purchase and sale of the enterprises; 8) the obligatory control – the set of accepted by the authorized body of the measures regulated by the present Law and other acts of Turkmenistan accepted in conformity with it, under the control over operations with money resources or other property, carried out on the basis of the information given by the organizations, carrying out such operations, as well as on check of this information according to legislations of Turkmenistan; 9) the internal control - activity of the organizations which are carrying out operations with money resources or other property, for granting of information to the authorized state body about the operations which are subject to the obligatory control, as well as other operations with money resources or other property, connected with legalization of incomes received by criminal way and struggle against financing of terrorism; 10) beneficiary proprietor - the physical person who is the final owner or carrying out the control over the client or the person on behalf of which the transaction is carried out. 11) bank-cover - the bank registered in the states and territories at which it physically is not present; 12) offshore zones - zones with special favorable conditions of realization of bank and insurance operations in a foreign currency for servicing of non-residents. Article 2. The task and sphere of application of the present Law 1. The primary purpose of the present Law is prevention, detection of the activity connected with legalization of incomes, received by criminal way and struggle against financing of terrorism, as well as an establishment of rules of law on creation of the authorized state body allocated with powers of reception of the information, carrying out the analysis and distribution of data concerning suspicious transactions and operations, as well as transactions and operations which are subject to the obligatory control according to the present Law. 2. The present Law regulates relations of citizens of Turkmenistan, foreign citizens and persons constantly living in Turkmenistan without citizenship, the organizations which are carrying out the transactions and operations with money resources and/or other property, as well as the state bodies which are carrying out the control in territory of Turkmenistan behind carrying out of transactions and operations with money resources and/or other property, for the purposes of prevention, revealing and suppression of the acts connected to legalization of incomes, received by criminal way and struggle against financing of terrorism. Section II. Prevention of legalization of the incomes received by criminal way and struggle against financing of terrorism Article 3. The measures directed to struggle against legalization of incomes, received by criminal way and struggle against financing of terrorism 1. Banks as well as other credit institutions having the right of opening and conducting of bank accounts, are not entitled to open anonymous bank accounts (contributions), accounts (contributions) to bearer and to carry out any operations without identification of counterparts and/or clients according to the legislation of Turkmenistan. 2. Banks as well as other credit institutions having the right of opening and conducting of bank accounts as well as other persons, representing data, should refuse the legal and physical persons in opening of the bank account (contribution) or carrying of operation under the account, as well as in preparation and carrying out of transaction if the person will not submit necessary documents, for identification of the client, or documents causing obvious suspicion or if the data received according to the present Law, are specified that the person is engaged in terrorist activity. In the cases specified in the present part, banks as well as other credit institutions having the right of opening and conducting of bank accounts, are entitled to terminate the contracts with clients (owners of accounts) and investors, the persons representing data, should consider the question about submission of the information to the authorized body according to article 4 of the present Law. 3. The persons representing data are obliged to execute following procedures: - To reveal and check up the person of the client, namely to carry out number of actions establishing the person of the client - the physical person (surname, name, patronymic, registration and residence place, date of birth, passport details, powers under the allocation of means on the account as well as other data demanded according to the legislation Turkmenistan); - To verify the legal status of the client - the legal person, including the information about the name of the client, about the organizational-legal form of activity of the client, the address, officials as well as other data concerning authorized documents, regulating activity of the client; - To verify the powers and identity of the person entitled to make operations on behalf of the client who is not present physically; to reveal and check up the person of the beneficiary proprietor; - To carry out other operations established by the legislation of Turkmenistan. 4. Procedures specified in the third part of the present article, are to be applied in following cases: - At definition of business relations; - At carrying out of any single transactions for the established threshold amount; - At suspicion in legalization of the incomes received by criminal way, or in financing of terrorist activity; - In a case of doubts at the person representing data in reliability and/or conformity of previously received data concerning identity of the client. 5. The persons representing data are obliged continuously to carry out appropriate check of business relations. 6. Banks and other credit institutions entitled to opening and conducting of bank accounts, are not entitled to establish straight lines correspondent relations with banks which are registered in offshore zones, with their affiliated persons, affiliated banks and isolated divisions which are not the independent Legal entities. This restriction does not extend on the establishment of direct correspondent relations with the branches registered in offshore zones which parent organizations which are registered out of offshore zones. Creation of banks-covers is forbidden. Banks as well as other credit institutions entitled to opening and conducting of bank accounts, are not entitled to establish or continue direct correspondent relations with banks-covers, as well as should accept safety measures against carrying out of transactions and operations with the foreign financial establishments-respondents, allowing banks-covers to use the accounts. 7. The legal entity having the status of the company (society), registered in an offshore zone according to the legislation of the state of its registration, cannot be the founder or the shareholder of the bank-resident of Turkmenistan. 8. For the purposes of licensing and regulation of banks and other credit institutions activity the Central Bank of Turkmenistan defines the list of subjects, the states and territories of offshore zones and establishes conditions and restrictions on carrying out of transactions and operations with them. 9. The persons representing data shall: - To develop rules of the internal control for struggle against legalization of the incomes received by criminal way and struggle against financing of terrorism and procedure of their realization; - To store not less than five years from the moment of completion of any operation the data and records concerning transactions and operations with money resources and/or other property. To store not less than five years from the moment of closing of the account and termination of business relations the data and records concerning an establishment of identity of the client, as well as data on business relations, business correspondence, and also other information. The information in such records should be sufficient to have possibility to restore separate transactions and operations for the purpose of submission of corresponding proofs for consideration and investigation; - Not to disclose the information transferred to the authorized state body. The disclosure before the third parties the facts of transfer of such information to the authorized state body is possible only in the cases directly provided by the legislation of Turkmenistan. Workers of the agencies giving data are not entitled to inform clients of these organizations or other persons about submission of information to the authorized state body. 10. Banks and other credit institutions entitled to opening and conducting bank accounts, are to be stopped operations of physical and legal entities, in which relation from the representative state bodies the data about participation in the terrorist activity (financing of terrorism) are received, for three working days from date, when the order of the client about its realization should is to be carry out, and not later than the day of suspension of operation to represent the information about it to the authorized state body. At non receipt during the specified term of the decision of the authorized body about suspension of corresponding operation of physical and legal entities in which relation there are data about participation in terrorist activity (financing of terrorism), for additional term, banks and other credit institutions entitled to opening and conducting of bank accounts are carried out operation with money resources or other property under the order of the client. Suspension or arrest of operations with money resources and other property of the physical and legal entities in which relation there are data about participation in terrorist activity (financing of terrorism), over the term specified in the decision of authorized body, may be carried out only under the decision of court and investigatory bodies. At non receipt during the term specified in the decision of authorized body, the decision of court and investigatory bodies with the sanction of the public prosecutor about suspension of corresponding operation for additional term or about arrest imposing, the banks as well as other credit institutions entitled of opening and conducting of bank accounts are carried out operation with money resources or other property under the order of the client. 11. The persons representing data, and their employees are released from the liability for damages, not received profit or the moral damage, caused to physical and legal entities by lawful execution of the duty provided by the present Law to represent in established order the information about suspicious transactions and operations if thus it has not been admitted infringements of the established order of carrying out of such actions provided by the second part of the present article. 12. Termination of operations, refusal in opening of the bank account (contribution) or carrying out of operation under the account, as well as cancellation of the contract of the bank account and closing the account which provided in present article and have been carried out according to the present Law, are not the basis for occurrence of civil-law and other responsibility of the persons representing data. 13. The persons representing data, should pay special attention to business relations, as well as transactions and operations with the organizations and persons from the states and territories which do not apply or apply in insufficient degree the recommendation of the international organizations, as well as with the affiliated organizations, branches and representations which basic companies are registered in such states and territories. The list of such states and territories is approved by the Cabinet of Ministers of Turkmenistan under representation of the authorized state body. 14. The control over execution by physical and legal entities of the present Law in the part of fixation, keeping and submission of information about transactions and operations which are subject to the obligatory control, over the organization of the internal control is carried out by corresponding supervising bodies according to their competence and an order established by the legislation of Turkmenistan, as well as the authorized body in case of absence of supervising bodies in the field of activity of the separate organizations which are carrying out the transactions and operations with money resources or other property. Article 4. Requirements (conditions) of the obligatory control 1. The persons representing data to authorized state body under the form established by it are obliged to represent the information about operations in which relation there are suspicions about legalization of money or financing of terrorism, as well as transactions and operations with money resources or other movable and real estate, falling under the list of criteria of operations and transactions subject to the obligatory control of authorized state body not later than the working day following day of carrying out of the transaction and operation. 2. In a case if at the persons representing data, arise suspicions, that any transactions or operations are carried out for the purposes of legalization of the incomes received by criminal way or financing of terrorism, this person is obliged to submit to the authorized state body the data about such transactions and operations irrespective the fact that transactions and operations are in categories provided by article 5 of the present Law. 3. The persons giving data, depending on circumstances should fix actually established circumstances in writing about the difficult, unusually large transactions and operations, as well as transactions, operations and remittances carried out under the unusual scheme, not having economic target. Article 5. The list of criteria according to which transactions and operations are subject to the obligatory control 1. The transaction or operation with money resources or other property, as well as some interconnected transactions or operations made within ten days, are subject to the obligatory control if by its character the given transaction or operation concerns to one kind of transactions or operations provided by the second part of the present article and thus the amount on which it is made, in foreign and national currency is equal or exceeds the threshold amount established by the authorized state body of Turkmenistan. 2. The following are transactions or operations with money resources or other property which are subject to the obligatory control: 1) internal and external transactions and operations which are carried out by banks as well as other credit institutions, entitled of opening and conducting bank accounts (contributions) on character of operation causing suspicion in its practicability; 2) transactions or operations, in a case if at least one of the parties is the physical or legal entity having accordingly registration, the residence place or location in the state (in territory) in which (on which) disclosing or submission of information is not provided at carrying out of financial operations, or one of the parties is the person who is the owner of the bank account, registered in the specified state (in the specified territory). The list of such states and territories is defined by the Cabinet of Ministers of Turkmenistan by representation of the authorized state body on the basis of the lists approved by the international organizations, engaged in struggle against legalization of the incomes received by criminal way and struggle against financing of terrorism; 3) other operations and transactions, over the established threshold amount: - purchase or sale of the cash foreign currency; - acquisition by the physical person securities for cash; - an exchange of banknotes of one denomination to banknotes of other denomination; - entering by the physical person into the authorized capital of the organization the money resources in the cash form; - Movement of money resources of charitable, public organizations and establishments, funds; 4) other transactions with movable and real estate above the established threshold amount: - Deposit of securities, precious metals, jewels or other values in a pawnshop; - Payment by the physical person of an insurance payment or reception from it the insurance award on life insurance as well as other kinds of memory insurance and pension allowances; - The transaction with real estate; - The transaction with the personal estate; - Reception or granting of property under the contract of financial rent (leasing); - Payment of money resources in the form of the prize received from game in a lottery, the tote or from other games based on risk; 5) transfer of money resources: - Carried out by the instructions of the client (the physical person) over the established threshold amount. 3. Transactions or operations with money resources or other property are subject to the obligatory control in case at least one of the parties participating in these transactions or operations is the physical or legal entity in which relation there are data about participation in terrorist activity (financing of terrorism). 4. Transactions and operations in which relation there are suspicions about legalization of the money received by criminal way or financing of terrorism are subject to the obligatory control. Section III. Arrangement of activity on struggle against legalization of the incomes received by criminal way and struggle against financing of terrorism Article 6. The authorized state body 1. Tasks, functions and competence of the authorized state body founded by the decree of the President of Turkmenistan, in sphere of struggle against legalization of the incomes received by criminal way and financing of terrorism, are established on the basis of the present law. Intervention of public authorities in the decision of the questions carried by the present Law to conducting of authorized state body, is not allowed, except the cases provided by the present Law. 2. The authorized state body within its competence: 1) carries out gathering and analysis of information connected to transactions and operations which are subject to the obligatory control; 2) establishes the limiting amount of transactions or operations in the foreign or the national currency, provided by the first part of article 5 of the present Law; 3) demands from the persons representing data, acceptances of measures, directed to struggle against legalization of the incomes received by criminal way and struggle against financing of terrorism, according to the present Law as well as other legislative acts of Turkmenistan; 4) develops and carries out measures on perfection of system of the prevention, revealing and suppression of suspicious transactions and operations, as well as transactions and operations connected to legalization of incomes, received by criminal way and struggle against financing of terrorism, including submission of explanations on application of measures of struggle against legalization of the incomes received by criminal way and struggle against financing of terrorism, in particular, in revealing of suspicious transactions and operations and submission of the appropriate report on them; 5) represents to the court (to the judge), the public prosecutor, in investigation agencies and bodies the inquiry documents as well as other materials connected to legalization of incomes, received by criminal way and struggle against financing of terrorism, on the basis of official letters of inquiry on the raised affairs according to the legislation of Turkmenistan. The specified information can be given by the authorized state body in law enforcement bodies and courts and under own initiative; 6) carries out the activity under the prevention and suppression of legalization of the incomes received by criminal way; 7) according to the current legislation has the right of access (using) to databases (of registers), formation and (or) conducting of which are carried out by the state bodies; 8) has the right to request of the persons giving data, information and documents for the purpose of struggle against legalization of incomes received by criminal way and struggle against financing of the terrorist activity; 9) in the presence of the sufficient bases, testifying that the transaction or operation is connected to legalization of the incomes received by criminal way and financing of terrorism, directs the corresponding information and materials to law enforcement bodies in conformity with their competence. 3. The authorized state body terminates for the term up to five working days realization of transactions and operations with money resources or other property in case at least one of the parties participating in these transactions and operations, is the physical or legal entity in which relation there are data about participation in terrorist activity (financing of terrorism). Section IV. The international cooperation in sphere of struggle against legalization of the incomes received by criminal way and struggle against financing of terrorism Article 7. Information interchange and legal assistance 1. The authorized state body according to the international contracts of Turkmenistan cooperates with competent bodies of the foreign states at stages of gathering of the information, preliminary investigation, proceeding and execution of judgments in sphere of struggle against legalization of incomes received by criminal way and struggle against financing of terrorism. 2. The authorized state body, as well as other public authorities and management bodies of Turkmenistan which are carrying out activity, connected to struggle against legalization of incomes received by criminal way and struggle against financing of terrorism, shall submit the appropriate information to competent bodies of the foreign states by their inquiries or under own initiative in order and on the bases which are provided by the international contracts of Turkmenistan, with the consent of the President of Turkmenistan. 3. Transfer to competent bodies of the foreign state of the information connected to revealing, withdrawal and confiscation of the incomes received by criminal way and/or in connection with financing of terrorism, is carried out with the consent of the President of Turkmenistan in the event that it does not put the damage to interests of national safety of Turkmenistan. 4. The information connected to revealing, withdrawal and confiscation of the incomes received by criminal way and/or in connection with financing of terrorism, is to be submitted on demand of the competent body of the foreign state provided that it will not be used without the preliminary consent of appropriate public authorities and management bodies of Turkmenistan which has given it, for the purposes not specified in inquiry. 5. The authorized state body which has directed inquiry to the competent body of the foreign state, provides confidentiality of the submitted information and uses it only for the purposes specified in the inquiry. The state governing bodies of Turkmenistan which are carrying out activity, connected to struggle against legalization of the incomes received by criminal way and struggle against financing of terrorism, according to the international contracts of Turkmenistan and laws of Turkmenistan shall carry out, within the competence, inquiries of competent bodies of the foreign states about confiscation of the incomes received by criminal way, as well as about execution of separate remedial actions on affairs about revealing of the incomes received by criminal way, arrest imposing on property, about property withdrawal, including inspection, interrogations of the suspects accused, the witnesses who have suffered as well as other persons, searches, dredging, transfer material evidences, carry out delivery and transfer of documents. 6. The expenses connected to performance of specified inquiries, are compensated according to the international contracts of Turkmenistan. 7. The requirement about submission of information (materials) for the purposes of struggle against legalization of the incomes received by criminal way and struggle against financing of terrorism, are shown and are carry out in territory of Turkmenistan according to conditions, provided by the present Law. Section V. Final provisions Article 8. The Liability for infringement of the present Law 1. Infringement by the organizations or physical persons, carrying out transactions or operations with money resources or other property the requirements provided by the present Law, attracts the responsibility in an order provided by the legislation of Turkmenistan. 2. The management and employees of the authorized state body and other state bodies, including former employees, who in conformity with the present Law have or had access to the information from the persons representing data, bear criminal and other responsibility for illegal disclosure, use of official, commercial, bank, tax secret and secret of communication (regarding the information on postal orders of money resources), abusing of office position according to the legislation of Turkmenistan. 3. Submission of the information about suspicious transactions and operations with money resources or other property and the operations which are subject to the obligatory control, the authorized state body according to the requirements established by the present Law, is not disclosure of office, commercial, bank, tax secret and secret of communication (regarding the information on postal orders of money resources). 4. The Central Bank of Turkmenistan gives to the authorized state body, including by its inquiry, the information and the documents necessary for realization of its functions. 5. The submission the information and documents to authorized state body by the state governing bodies, local governments for the purposes of and an order, provided by the present Law, is not considered as the infringement of official, commercial, bank, tax secret and secret of communication (regarding the information about the post transfers of money resources). Article 9. Public prosecutor's supervision Supervision of performance of the present Law in conformity with the legislation of Turkmenistan is carried out by the General Public Prosecutor of Turkmenistan and public prosecutors being in its submission. 10. Coming into force of the present Law 1. The present Law comes into the force after three months from the date of its official publication. 2. Laws of Turkmenistan, other legislative acts of Turkmenistan before their adjusting in accordance with the present Law shall operate in the part, which are not contradicting the present Law. The President of Turkmenistan Ashgabat May 28, 2009 Gurbanguly Berdymuhamedov