On approval of the Agreement on the Formation of the Council of Heads of Financial Intelligence Units of the Member States of the Commonwealth of Independent States
Decree of the President of the Republic of Kazakhstan dated June 17, 2014 No. 838
In accordance with subparagraph 1) of Article 15 of the Law of the Republic of Kazakhstan dated May 30, 2005 "On International Treaties of the Republic of Kazakhstan", I DECREE:
1. Approve the attached Agreement on the formation of the Council of Heads of Financial Intelligence Units of the Member States of the Commonwealth of Independent States (hereinafter referred to as the Agreement), signed in Ashgabat on December 5, 2012. 2. To determine the Ministry of Finance of the Republic of Kazakhstan as the competent authority responsible for the implementation of the Agreement. 3. This Decree shall enter into force from the date of its signing.
President of the Republic of Kazakhstan N.Nazarbayev
APPROVED
By Decree of the President of the Republic of Kazakhstan
dated June 17, 2014 No. 838
agreement
on the formation of the Council of Heads of Departments
financial intelligence of the member States of the Commonwealth of Independent States
(Entered into force on October 17, 2014 - Bulletin of International Treaties of the Republic of Kazakhstan 2014, No. 5, Article 47)
The Member States of the Commonwealth of Independent States, hereinafter referred to as the Parties, taking into account the international nature and current scale of the legalization (laundering) of criminal proceeds and the financing of terrorism, which pose a threat to the security of the Parties, attaching great importance to the development of cooperation and striving to coordinate cooperation in countering the legalization (laundering) of criminal proceeds and the financing of terrorism, realizing that the development of such cooperation cooperation meets their interests based on the goals and objectives of the Commonwealth of Independent States., have agreed on the following:
Article 1
For the purposes of this Agreement, a financial intelligence unit is the competent authority of the Party responsible for obtaining, analyzing and transmitting to law enforcement agencies information related to income suspected of criminal origin and/or potential financing of terrorism, or required in accordance with national legislation on combating the legalization (laundering) of criminal proceeds and financing of terrorism.
Article 2
The Parties shall form the Council of Heads of Financial Intelligence Units of the Member States of the Commonwealth of Independent States (hereinafter referred to as the Council).
Article 3
The Council carries out its activities on the basis of the Regulations on the Council of Heads of Financial Intelligence Units of the Member States of the Commonwealth of Independent States, which is an integral part of this Agreement.
Article 4
Each of the Parties shall determine the competent authority responsible for the implementation of this Agreement and inform the depositary thereof at the same time as notifying them of the completion of the internal procedures necessary for the entry into force of this Agreement. In the event of a change in the competent authority responsible for the implementation of this Agreement, the Parties shall inform the depositary thereof.
Article 5
By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are an integral part of it, which are formalized by the relevant protocol.
Article 6
This Agreement shall enter into force 30 days after the date of receipt by the depositary of the third notification that the Signatories have completed the internal procedures necessary for its entry into force. For the Parties that have completed the internal procedures later, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the relevant documents.
Article 7
After its entry into force, this Agreement is open for accession by any member State of the Commonwealth of Independent States by submitting an instrument of accession to the depositary. For the acceding State, the Agreement shall enter into force 30 days after the date of receipt by the depositary of the instrument of accession.
Article 8
This Agreement is concluded for an indefinite period. Each of the Parties has the right to withdraw from this Agreement by sending a written notification of its intention to the depositary no later than 6 months before the withdrawal date and settling financial and other obligations that have arisen during the validity of the Agreement.
Done in Ashgabat on December 5, 2012, in one original copy in the Russian language. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Agreement.
For the Republic of Azerbaijan For the Russian Federation
For the Republic of Armenia For the Republic of Tajikistan
For the Republic of Belarus For Turkmenistan
For the Republic of Kazakhstan For the Republic of Uzbekistan
For the Kyrgyz Republic For Ukraine
For the Republic of Moldova
ANNEX to the Agreement on the Formation of the Council of Heads of Financial Intelligence Units of the Participating States The Commonwealth of Independent States
Regulations on the Council of Heads of Financial Intelligence Units of the Member States of the Commonwealth of Independent States
1. General provisions
1. The Council of Heads of Financial Intelligence Units of the Member States of the Commonwealth of Independent States (hereinafter referred to as the Council) is a body of sectoral cooperation of the Commonwealth of Independent States (hereinafter referred to as the CIS) and is designed to ensure the organization and coordination of countering the legalization (laundering) of criminal proceeds and the financing of terrorism. 2. The Council is guided in its activities by the CIS Charter, treaties and decisions adopted within the CIS, and these Regulations. 3. The Council carries out its activities in cooperation with the CIS Executive Committee, the Interparliamentary Assembly of the CIS Member States, other CIS bodies, and, if necessary, the working (executive) bodies of international organizations, groups for the development of financial measures to combat money laundering (hereinafter - FATF) and regional FATF-type groups, as well as state authorities of the States- members of the CIS. 4. The Council is accountable in its activities to the Council of the CIS Heads of State. 5. The Council organizes its work on the basis of the developed and approved plans of the Council of CIS Heads of State. The Council annually provides the CIS Executive Committee with information on its activities.
2. Main activities and functions of the Council
1. The main areas of activity of the Council are: 1) organization of cooperation between financial intelligence units and other interested bodies of the CIS member states, as well as CIS bodies whose activities include countering the legalization (laundering) of criminal proceeds and the financing of terrorism; 2) identification of priority areas of cooperation and the adoption of joint effective measures; 3) assistance in the development of common approaches for the purpose of convergence and harmonization of national legislation of the CIS member States; 4) development of proposals on improving the legal framework for cooperation between the CIS member states; 5) ensuring the implementation of documents adopted within the framework of the CIS. 2. The main functions of the Council are: 1) preparation of proposals on the development of targeted programs, as well as proposals on priority areas of cooperation between the CIS member states in countering the legalization (laundering) of criminal proceeds and the financing of terrorism; 2) assistance in the implementation by the CIS member States of the FATF recommendations.; 3) facilitating the exchange of information between financial intelligence units; 4) preparing proposals for the formation of uniform standards for information exchange between financial intelligence units; 5) developing recommendations jointly with interested authorities of the CIS member States on the identification and suppression of forms and methods used for the purpose of money laundering and terrorist financing; 6) development and implementation of joint measures aimed at combating the legalization (laundering) of criminal proceeds and the financing of terrorism; 7) interaction with interested CIS bodies, as well as working (executive) bodies of international organizations, FATF and FATF-type regional groups in matters of their competence; 8) organization and coordination of the implementation of adopted documents within the CIS within the competence of the Council and their own decisions; 9) analysis of trends (typologies) in the field of legalization (laundering) criminal proceeds and financing of terrorism; 10) facilitating the exchange of experience between financial intelligence units of the CIS member states, including providing methodological assistance; 11) consideration of issues related to the organization of training and advanced training of personnel for financial intelligence units of the CIS member States and the creation of basic organizations of the CIS member states for the training and retraining of personnel; 12) consideration of issues related to joint research and development work on issues of mutual interest; 13) implementation of other functions included within the competence of the Council.
3. Council rights
The Council has the right to: 1) make decisions and recommendations within its competence aimed at developing cooperation and interaction between financial intelligence units; 2) submit draft documents prepared by the Council, as well as information on the implementation of decisions of the Council of Heads of State, the Council of Heads of Government, and the CIS Economic Council for consideration in accordance with the established procedure. Heads of Government and the CIS Economic Council concerning the Council's activities; 3) interact with other interested CIS sectoral cooperation bodies; 4) create, if necessary, working groups on areas of activity and approve regulations on them to fulfill the tasks facing the Council; 5) submit analytical and other information on issues within the Council's competence to the CIS bodies; 6) resolve other issues within the limits of their competence.
4. Organization of the Council's activities
1. The Council consists of the heads of financial intelligence units of the States Parties to this Agreement (hereinafter referred to as the Council members). Each State has one vote in the Council. A member of the Council who is unable to attend the meeting has the right to delegate his representative, who is authorized to make decisions at the Council meeting. The Council, with an advisory vote, includes the head of the Council's Secretariat, as well as a representative of the CIS Executive Committee. Representatives of financial intelligence units of other States, as well as representatives of international organizations, may be invited to attend meetings of the Council as observers with the prior consent of all its members. 2. The presidency of the Council is carried out, as a rule, for one year alternately by each State Party to this Agreement, represented by its representative in the order of the Russian alphabet of the names of the States Parties to this Agreement, unless otherwise established by a decision of the Council. The previous and subsequent Chairmen of the Council are its co-Chairmen. In case of temporary absence of the Chairman of the Council, his duties are assigned to one of the co-Chairmen. 3. Meetings of the Council shall be held, as a rule, in the States Parties to this Agreement alternately, as necessary, but at least once a year. 4. The procedure for convening and holding Council meetings, the quorum, the decision-making procedure, and other business issues are determined by the rules of procedure approved by the Council. 5. The Chairman of the Council: 1) carries out the general management of the Council's activities; 2) holds meetings of the Council; 3) signs and sends documents on behalf of the Council; 4) represents the Council in accordance with the established procedure in the CIS bodies; 5) maintains and develops contacts with CIS bodies, working (executive) bodies of other international organizations on behalf of the Council, FATF and FATF-type regional groups within their competence; 6) promotes cooperation between financial intelligence units; 7) performs other actions related to ensuring the activities of the Council.
5. The Council's Secretariat
5.1. Organizational, technical and informational support of the Council's activities is provided by the Secretariat. By decision of the Council, the functions of the Secretariat, including on a permanent basis, are performed by one of the financial intelligence units of the State Party to this Agreement. These functions are performed by the financial intelligence unit in conjunction with the relevant structural unit of the Executive Committee of the Commonwealth of Independent States. The head of the Secretariat is a representative of the financial intelligence unit responsible for performing the functions of the Secretariat, and the Deputy Head of the Secretariat is a representative of the Executive Committee of the Commonwealth of Independent States. The footnote. Paragraph 5.1 as amended by Decree of the President of the Republic of Kazakhstan dated 30.06.2015 No. 46. 2. The Council's Secretariat: 1) organizes and ensures the holding of Council meetings in accordance with the procedure provided for in these Regulations and the rules of procedure. Field meetings are conducted jointly with the financial intelligence unit of the host Party.; 2) prepares the received materials for consideration at the meetings of the Council; 3) distributes, in accordance with the established procedure, the provisional agenda and draft documents submitted for consideration by the meetings of the Council; 4) ensures timely transmission of documents adopted by the Council; 5) organizes a meeting of experts to consider the preparation of draft documents for the meetings of the Council; 6) keeps minutes of meetings experts; 7) interacts with the financial intelligence units of the States Parties to this Agreement regarding the timely identification of participants in the meeting of the Council and the meeting of experts preceding it to discuss issues submitted for consideration at the next meeting of the Council; 8) monitors the implementation of decisions taken by the Council, informs the Chairman and members of the Council about the results; 9) interacts, within the limits of its competence, with other CIS bodies, as well as with the relevant division of the CIS Executive Committee regarding the coordination and preparation of draft documents. 5.3. The Head of the Secretariat is approved by the Council on the recommendation of the head of the financial intelligence unit, which is responsible for performing the functions of the Secretariat. The Head of the Secretariat: 1) directs the activities of the Council's Secretariat; 2) provides organizational and informational support for the activities of the Council in cooperation with the structural unit of the CIS Executive Committee. The footnote. Paragraph 5.3 as amended by Decree of the President of the Republic of Kazakhstan dated 30.06.2015 No. 46. 4. The accounting and storage of Council documents is carried out by a structural subdivision of the CIS Executive Committee, whose representative is a member of the Secretariat.
6. Financing
Expenses related to the financing of the Council meeting are carried out at the expense of the relevant state authorities of the host State Party to this Agreement. The expenses for the business trip of the members and participants of the Council meeting shall be borne by the sending state authorities and organizations of the State party to this Agreement.
President
Republic of Kazakhstan
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