On Ratification of the Protocol on Amendments to the Treaty on Countering the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism when Cash and (or) Monetary Instruments are Moved across the Customs Border of the Customs Union dated December 19, 2011
The Law of the Republic of Kazakhstan dated October 27, 2022 No. 148-VII SAM.
To ratify the Protocol on Amendments to the Treaty on Countering the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism when Moving Cash and (or) Monetary Instruments across the Customs Border of the Customs Union dated December 19, 2011, signed in Moscow on July 20, 2021.
President of the Republic of Kazakhstan
K. TOKAEV
PROTOCOL on Amendments to the Agreement on Countering the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism when Moving Cash and (or) Monetary Instruments across the Customs Border of the Customs Union dated December 19, 2011
The member States of the Eurasian Economic Union, hereinafter referred to as the Member States,
based on the Treaty on the Eurasian Economic Union of May 29, 2014,
Taking into account the provisions of the Agreement on the Customs Code of the Eurasian Economic Union dated April 11, 2017, we have agreed as follows:
Article 1
To make the following amendments to the Agreement on Countering the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism when Moving Cash and (or) Monetary Instruments across the Customs Border of the Customs Union dated December 19, 2011:
1) in the text, with the exception of the first paragraph of the preamble, Article 11 and the final part, the word "Party" in the appropriate number and case should be replaced by the words "Member State" in the appropriate number and case, the words "this Party" should be replaced by the words "this Member State";
2) in article 1:
In subparagraph 2, the words "the receiving Party" should be replaced by the words "the member State of the Eurasian Economic Union (hereinafter, respectively, the Member State, the Union) hosting";
In subparagraph 4, replace the words "Customs Union or foreign States (group of foreign States)" with the words "or States (group of States) that are not members of the Union";
subparagraph 5 after the words "use and disposal" should be supplemented with the words "transported across the customs border of the Union";
3) paragraphs one to three of Article 2 should be worded as follows:
"The customs authorities of the Member States, in cooperation with law enforcement and authorized bodies of the Member States, take measures to counteract the legalization (laundering) of proceeds from crime and the financing of terrorism when cash and (or) monetary instruments are moved across the customs border of the Union (hereinafter referred to as the movement of cash and (or) monetary instruments). instruments) in accordance with this Agreement and the Customs Code of the Eurasian Economic Union.
The customs authorities of the Member States exercise control over the movement of cash and (or) monetary instruments using the information stated in the passenger customs declaration or goods declaration, in accordance with the international treaties and acts regulating customs relations that constitute the law of the Union and the legislation of the Member State whose customs authorities carry out such control.
If the person carrying out the transfer of cash and (or) monetary instruments (hereinafter referred to as - a person moving cash and (or) monetary instruments), if the passenger customs declaration or the goods declaration does not contain information that is mandatory in accordance with international treaties and acts regulating customs relations that constitute Union law, the customs authorities of the member States refuse to register the passenger customs declaration or the goods declaration. in accordance with the Customs Code of the Eurasian Economic Union.";
4) in the tenth paragraph of Article 4, the words "across the customs border of the Customs Union" should be deleted;
5) in article 5:
in the first paragraph, replace the words "approved by the Decision of the Customs Union Commission" with the words "determined by the Eurasian Economic Commission";
in paragraphs two and seven, replace the word "which" with the word "which";
in the eighth paragraph:
the word "authorized" should be deleted;
after the word "representative", add the words "whose authority has been confirmed in accordance with the legislation of the Member State whose customs authority has suspended the movement of cash and (or) monetary instruments,";
after the words "ownership" add the word "(income)";
replace the word "which" with the word "which";
in the ninth paragraph:
after the words "ownership" add the word "(income)";
replace the word "which" with the word "which";
In the tenth paragraph, the words "across the customs border of the Customs Union" should be deleted.;
6) in the first paragraph of Article 6, the words "Declaration of cash and (or) monetary instruments" contained in the additional passenger customs declaration form should be replaced by the words "indicated in the passenger customs declaration concerning cash and (or) monetary instruments subject to customs declaration", the words "Customs Union" should be replaced by the words "The Union";
7) Article 8 should be worded as follows:
"Article 8
Disputes related to the interpretation and (or) application of this Treaty are resolved in accordance with the procedure established by the Treaty on the Eurasian Economic Union of May 29, 2014.";
8) In Article 10, the words "agreement of the Parties" should be replaced by the words "mutual agreement of the Member States".
Article 2
This Protocol shall enter into force on the date of receipt by the depositary, through diplomatic channels, of the last written notification that the Member States have completed the internal procedures necessary for its entry into force.
Done in Moscow on July 20, 2021, in one original copy in the Russian language.
The original copy of this Protocol shall be kept in the Eurasian Economic Commission, which, as the depositary of this Protocol, will send a certified copy to each Member State.
For the Republic
Armenia
For the Republic
Belarus
For the Republic
Kazakhstan
For Kyrgyz
The Republic
For the Russian
The Federation
I hereby certify that this text is a complete and authentic copy of the Protocol on Amendments to the Treaty on Countering the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism when Moving Cash and (or) Monetary Instruments across the Customs Border of the Customs Union dated December 19, 2011, signed on July 20, 2021 in the city of Moscow:
for the Republic of Armenia - by Prime Minister of the Republic of Armenia Nikol Pashinyan;
for the Republic of Belarus - by the President of the Republic of Belarus A. G. Lukashenko;
for the Republic of Kazakhstan - by the President of the Republic of Kazakhstan K.K. Tokayev;
for the Kyrgyz Republic - by Acting President of the Kyrgyz Republic T.T. Mamytov;
for the Russian Federation - by the President of the Russian Federation, Vladimir Putin.
The original copy is kept at the Eurasian Economic Commission.
Director
Legal Department
Of the Eurasian Economic Commission
V.I. Taraskin
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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