On the ratification of the Agreement on the Exchange of Information in the Field of Countering the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism in the Movement of Cash and (or) Monetary Instruments across the Customs Border of the Eurasian Economic Union
The Law of the Republic of Kazakhstan dated October 27, 2022 No. 149-VII SAM.
To ratify the Agreement on the Exchange of Information in the Field of countering the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism in the Movement of Cash and (or) Monetary Instruments across the Customs Border of the Eurasian Economic Union, concluded in Moscow on July 20, 2021.
President of the Republic of Kazakhstan
K. TOKAEV
AGREEMENT on the Exchange of information in the field of countering the Legalization (laundering) of Proceeds from crime and the Financing of terrorism in the Movement of Cash and (or) Monetary Instruments across the customs border of the Eurasian Economic Union
The Member States of the Eurasian Economic Union, hereinafter referred to as the Member States,
Guided by 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 and taking into account Article 99 of the Treaty on the Eurasian Economic Union dated May 29, 2014,
Recognizing the need for timely exchange of information and information in order to prevent the use of cash and (or) monetary instruments transported across the customs border of the Eurasian Economic Union for the legalization (laundering) of proceeds from crime and the financing of terrorism,
based on generally accepted principles and norms of international law,
Recognizing that the measures applied by Member States to protect the confidentiality of information are equivalent and adequate,
have agreed on the following:
Article 1
The concepts used in this Agreement are applied in the meanings defined by 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.
Article 2
1. The Member States shall cooperate and exchange information (hereinafter referred to as information interaction) in order 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 Eurasian Economic Union (hereinafter referred to as movement).
2. Information interaction is carried out by providing information declared by an individual when moving cash and (or) monetary instruments in the passenger customs declaration and the goods declaration.
Article 3
The Member State determines the body responsible for creating a database on the movement of cash and (or) monetary instruments, as well as the body(s) responsible for presenting the information contained in the database (hereinafter referred to as - responsible authority), and simultaneously with sending a written notification on the implementation of the internal procedures necessary for the entry into force of this Agreement, notify the Eurasian Economic Commission through diplomatic channels about such bodies, the authorized body, law enforcement and customs authorities of the member state involved in information interaction.
In the event of a change in these bodies, the Member State shall notify the Eurasian Economic Commission through diplomatic channels within 10 days.
The Eurasian Economic Commission, within 5 days from the date of receipt of the notification, shall send to the other Member States the information specified in paragraph one or two of this Article, respectively.
Article 4
Russian Russian translation 1. Information interaction is carried out upon requests from authorized, law enforcement and customs authorities of one Member State (hereinafter referred to as the requesting authority), sent to the responsible authority of another Member State (hereinafter referred to as the requested authority) in writing in Russian or in the official language of the Member State (with a translation into Russian attached).
2. A request for information specified in paragraph 2 of Article 2 of this Agreement shall be signed by the head or deputy head of the requesting authority and shall contain:
a) the name of the requesting authority;
b) the name of the requested authority;
c) a reference to this Agreement;
d) the grounds and purposes of sending the request;
e) a summary of the substance of the request;
f) information necessary to identify the person in respect of whom the request is being sent;
g) the period or date(s) for which information is requested;
h) other information necessary for the execution of the request.
3. The deadline for executing a request may not exceed 30 calendar days from the date of its receipt by the requested authority. If it is necessary to execute the request in a shorter time, an appropriate reservation is made in the request, indicating the reason and the desired time period for executing the request.
The deadline for executing an urgent request may not exceed 10 calendar days from the date of its receipt by the requested authority.
If the requested authority requires additional information from the requesting authority in order to execute the request, the deadline for executing the request is extended by the period necessary to obtain additional information.
If it is impossible to execute the request partially or completely within the time limits provided for in this paragraph, the requested authority shall inform the requesting authority in writing of the expected deadline for the execution of the request.
4. The interaction of the authority of the Member State responsible for the formation of a database on the movement of cash and (or) monetary instruments and the responsible authorities is carried out in accordance with the procedure established by the legislation of this Member State.
5. Information interaction within the framework of this Agreement may be carried out using the integrated information system of the Union, provided that the specified information system will provide information protection measures provided for in Article 6 of this Agreement.
Article 5
1. The request specified in Article 4 of this Agreement is refused if:
a) the request does not comply with the requirements specified in paragraph 2 of Article 4 of this Agreement;
b) the requesting authority has not provided the necessary information to the requested authority within 2 months from the date of sending to its address a request for additional information necessary for the execution of the request;
c) the request cannot be objectively executed for reasons beyond the control of the requested authority;
d) execution of the request may prejudice the sovereignty and/or national security of the member State of the requested authority.
2. In cases of refusal to execute the request provided for in subparagraphs "a", "c" and "d" of paragraph 1 of this article, the requesting authority shall be notified of the reasons for the refusal in writing within 10 calendar days from the date of receipt of the request by the requested authority.
Article 6
1. Information obtained under this Agreement is confidential and may not be used without the written consent of the authority that provided such information for purposes other than those for which it was requested and submitted.
The authorities of the Member State involved in information interaction shall take measures to protect, store and destroy information received under this Agreement in accordance with the legislation of their state. The specified information is stored no longer than required by the purposes for which it was transmitted.
In the event of unauthorized dissemination of information obtained under this Agreement, its loss, destruction or improper use, the competent authority of the Member State that requested the information shall immediately inform the competent authority of the Member State that provided the information and conduct an appropriate investigation. If necessary, the competent authorities of the Member States shall cooperate with each other during the investigation.
The provisions of this Agreement, which provide for ensuring the confidentiality of information received under this Agreement, remain in force in the event of termination of this Agreement or withdrawal of a Member State from its membership.
2. The procedure for the exchange, conditions and measures for the protection of information constituting a state secret (state secrets) of the Member States are determined by separate international treaties applicable in relations between the Member States.
Article 7
The exchange of information on administrative and criminal cases involving cash and (or) monetary instruments related to the legalization (laundering) of proceeds from crime and (or) financing of terrorism is carried out within the framework of international treaties applicable in relations between the Member States.
Article 8
Disputes related to the interpretation and/or application of this Agreement are resolved in accordance with the procedure established by the Treaty on the Eurasian Economic Union of May 29, 2014.
Article 9
By mutual agreement of the Member States, amendments may be made to this Agreement, which are formalized in separate protocols and are an integral part of this Agreement.
Article 10
This Agreement shall enter into force upon the expiration of 10 calendar days from the date of receipt by the depositary through diplomatic channels of the last written notification on the completion by the Member States of the internal procedures necessary for the entry into force of this Agreement.
This Agreement is an international agreement concluded within the framework of the Eurasian Economic Union and is included in the law of the Eurasian Economic Union.
Done in Moscow on July 20, 2021, in one original copy in the Russian language.
The original copy of this Agreement shall be kept at the Eurasian Economic Commission, which, as the depositary of this Agreement, will send each member State a certified copy thereof.
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 Agreement on the Exchange of Information in the Field of 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 Eurasian Economic Union, signed on July 20, 2021 in 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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