On the Ratification of the Treaty on 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 Customs Union
The Law of the Republic of Kazakhstan dated October 25, 2012 No. 47-V.
To ratify the Treaty on 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 Customs Union, signed in Moscow on December 19, 2011.
President
Republic of Kazakhstan
N. NAZARBAYEV
The footnote. In the text, with the exception of the first paragraph of the preamble, Article 11 and the final part, the word "Party" in the corresponding number and case are replaced by the words "Member State" in the corresponding number and case, the words "this Party" are replaced by the words "this Member State" by the Law of the Republic of Kazakhstan dated 10/27/2022 No. 148-VII (enters into force effective from the date of receipt by the depositary through diplomatic channels of the last written notification on the implementation by the Member States of the internal procedures necessary for its entry into force).
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 (Entered into force on February 20, 2013 - Bulletin of International Treaties of the Republic of Kazakhstan 2013, No. 2, art. 23)
The member States of the Customs Union within the framework of the Eurasian Economic Community (EurAsEC), hereinafter referred to as the member States,
based on the Agreement on the Creation of a Single Customs Territory and the Formation of the Customs Union of October 6, 2007, the Agreement on the Customs Code of the Customs Union of November 27, 2009,
Having regard to the Treaty of the Member States of the Commonwealth of Independent States on Countering the Legalization (Laundering) of Criminal Proceeds and the Financing of Terrorism of October 5, 2007,
Considering that the fight against organized crime, corruption, terrorism, and other grave and especially grave crimes requires the use of modern and effective forms, methods, and means,
Recognizing the international standards of the Financial Action Task Force on Money Laundering (FATF),
based on generally accepted principles and norms of international law,
in order to prevent the possibility of using cash and (or) monetary instruments transported across the customs border of the Customs Union for the legalization (laundering) of proceeds from crime and (or) financing of terrorism,
We have agreed on the following:
Article 1
For the purposes of this Agreement, the following basic concepts are used:
1) monetary instruments - traveller's cheques, promissory notes, cheques (bank cheques), as well as securities in documentary form certifying the issuer's (debtor's) obligation to pay funds, which do not specify the person to whom such payment is being made;
2) proceeds from crime - monetary funds or other property obtained as a result of the commission of crimes recognized as such in accordance with the legislation of a member state of the Eurasian Economic Union (hereinafter, respectively, the Member State, the Union), which takes measures to counteract the legalization (laundering) of proceeds from crime and financing terrorism provided for by this Agreement;
3) legalization (laundering) of criminally obtained income - actions aimed at legitimizing the possession, use or disposal of criminally obtained income;
4) cash means banknotes in the form of banknotes and treasury notes, coins, with the exception of coins made of precious metals, in circulation and being legal tender in Member States or states (group of states) that are not members of the Union, including those withdrawn or withdrawn from circulation, but subject to exchange for those in circulation. There are banknotes in circulation;
5) suspension of the movement of cash and (or) monetary instruments actions taken by customs authorities to temporarily restrict the right to own, use and dispose of cash and (or) monetary instruments moved across the customs border of the Union on the basis of information provided by law enforcement agencies and (or) authorized bodies prior to the decision on the issue or seizure (arrest) such cash and (or) monetary instruments;
6) authorized body - an authority of a Member State authorized, in accordance with the legislation of that Member State, to collect, analyze and transmit to law enforcement and (or) customs authorities information concerning possible cases of legalization (laundering) of proceeds from crime and financing of terrorism;
7) financing of terrorism - the provision or collection of funds or the provision of financial services with the knowledge that they are intended to finance the organization, preparation or commission of at least one of the crimes of a terrorist nature, or to provide for an organized group, an illegal armed formation, a criminal community (criminal organization) created or being created to commit at least one of such crimes.
The footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 10/27/2022 No. 148-VII (enters into force from the date of receipt by the depositary through diplomatic channels of the last written notification on the implementation by the Member States of the internal procedures necessary for its entry into force).
Article 2
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) 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 Union law 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.
If the person refuses to provide the missing information, the movement of cash and (or) monetary instruments is not allowed.
The footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 10/27/2022 No. 148-VII (enters into force from the date of receipt by the depositary through diplomatic channels of the last written notification on the implementation by the Member States of the internal procedures necessary for its entry into force).
Article 3
The customs authority of a Member State, for the purposes specified in Article 2 of this Treaty, suspends the movement of cash and (or) monetary instruments on the basis of information provided to it by law enforcement agencies and (or) the authorized body of this Member State, and immediately informs the body that provided the relevant information.
The information on the basis of which the customs authority of a Member State suspends the movement of cash and (or) monetary instruments must contain the following information necessary to identify the person moving cash and (or) monetary instruments:
- for individuals: last name, first name and (unless otherwise required by law or national custom) patronymic, date and place of birth, nationality;
- for legal entities: name of the organization, legal form, location address.
If available, the following additional information is provided:
- type and details of the identity document: the series and number of the document, the date of issue of the document (for individuals);
- identification (registration) number of the payer of taxes, fees (duties) or a similar number assigned in the country of registration (for legal entities);
- information about the route, including the country of departure/arrival, date, type and number of the vehicle or flight;
- other information available to the authorized body and (or) law enforcement agencies, which, in their opinion, may simplify the identification of a person moving cash and (or) monetary instruments.
The responsibility for the accuracy and validity of the information provided to the customs authority, on the basis of which the movement of cash and (or) monetary instruments has been suspended, is borne by the authority that provided this information.
If necessary, in order to identify the person whose movement of cash and (or) monetary instruments needs to be suspended, the customs authorities of a Member State interact with other government agencies of that Member State in accordance with the legislation of that Member State.
Article 4
The authorized body of a member State, within three working days after receiving information from the customs authority of that Member State on the suspension of the movement of cash and (or) monetary instruments, shall make one of the following decisions:
on the return of cash and (or) monetary instruments, the movement of which has been suspended;
on sending materials and information to the law enforcement agencies of this Member State on the possible connection of cash and (or) monetary instruments, the movement of which has been suspended, with the legalization (laundering) of proceeds from crime and (or) financing of terrorism, necessary for making a decision in accordance with this Treaty and the legislation of this State.- a member.
The authorized body shall immediately inform the relevant customs authority of the decision taken.
A law enforcement agency that has received information from a customs authority or an authorized body on the suspension of the movement of cash and (or) monetary instruments, within 30 calendar days after the day of suspension of the movement of cash and (or) monetary instruments, makes one of the following decisions:
the decision on the return of cash and (or) monetary instruments, the movement of which is suspended;
a procedural decision on the seizure (seizure) of cash and (or) monetary instruments, the movement of which has been suspended.
The law enforcement agency shall immediately inform the relevant customs authority of the decision taken.
In the event of a procedural decision on the seizure (seizure) of cash and (or) monetary instruments, the movement of which has been suspended, the law enforcement agency, within one business day after the day of making such a decision, notifies in writing the person who moved the cash and (or) monetary instruments, the movement of which has been suspended..
The period of suspension of the movement of cash and (or) monetary instruments may not exceed 30 calendar days after the date of suspension of the movement of cash and (or) monetary instruments.
The procedure for interaction between customs authorities, law enforcement agencies, the authorized body and other state bodies of a Member State is determined by the legislation of that Member State.
The footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 10/27/2022 No. 148-VII (enters into force from the date of receipt by the depositary through diplomatic channels of the last written notification on the implementation by the Member States of the internal procedures necessary for its entry into force).
Article 5
Upon suspension of the movement of cash and (or) monetary instruments by the customs authority of a member State, an act is drawn up in two copies in the form determined by the Eurasian Economic Commission, one of which is transferred to the person moving cash and (or) monetary instruments, the other remains with the customs authority.
The storage of cash and (or) Monetary Instruments, the movement of which has been suspended, is carried out by the customs authorities in accordance with the procedure established by the legislation of the Member State, by the customs authority of which the movement of cash and (or) monetary instruments has been suspended.
Upon receipt of the decision of the authorized body or law enforcement agency on the return of cash and (or) monetary instruments, the movement of which is suspended, the customs authority within one day in writing, by registered mail with delivery notification, informs the person who moved the cash and (or) monetary instruments, the movement of which is suspended., on the return of cash and (or) monetary instruments.
If any decision of the authorized body or law enforcement agency provided for in Article 4 of this Agreement is not received by the customs authority within the deadline set by Article 4 of this Agreement, the customs authority shall, within one day, decide on the return of funds and (or) monetary instruments, the movement of which has been suspended, and in writing informs the person who moved the cash and/or monetary instruments by registered mail with a delivery notification., the movement of which has been suspended on the return of cash and (or) monetary instruments.
The postal item indicates the place where cash and (or) monetary instruments can be received, the movement of which is suspended, the duration of their storage and the consequences of non-receipt.
The maximum storage period for cash and (or) monetary instruments subject to refund, the movement of which is suspended, is four months from the date of delivery of the postal item specified in the delivery notification, or from the date of receipt by the customs authority of the notification of the impossibility of delivery of the postal item.
The costs of storing and returning cash and (or) monetary instruments are borne by the Member State whose Customs authority has suspended the movement of cash and (or) monetary instruments.
If the cash and (or) monetary instruments whose movement has been suspended are not claimed by a person or his representative, whose powers have been confirmed in accordance with the legislation of the Member State whose customs authority has suspended the movement of cash and (or) monetary instruments, within the time limits established by this Article, they shall be subject to circulation. into the ownership (income) of the State in accordance with the legislation of the Member State, the customs authority of which has suspended the movement of cash and (or) monetary instruments.
Cash and (or) monetary instruments converted into the property (income) of the State may be returned to the interested person in court in accordance with the legislation of the Member State, the customs authority of which has suspended the movement of cash and (or) monetary instruments.
Lawful actions to suspend the movement of cash and (or) monetary instruments do not constitute grounds for civil or other liability of customs authorities, law enforcement agencies and (or) authorized bodies of a Member State for damage, including lost profits, resulting from such suspension.
The footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 10/27/2022 No. 148-VII (enters into force from the date of receipt by the depositary through diplomatic channels of the last written notification on the implementation by the Member States of the internal procedures necessary for its entry into force).
Article 6
The Member States shall ensure the collection of information specified in the passenger customs declaration concerning cash and (or) monetary instruments subject to customs declaration", as well as in criminal cases involving cash and (or) monetary instruments related to the legalization of proceeds from crime, and (or) financing of terrorism when moving across the customs border of the Union, and the formation of databases based on them.
The Member States shall exchange information contained in the databases referred to in this article between the authorized bodies, law enforcement agencies and customs authorities of the Member States in accordance with separate international treaties.
The footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 10/27/2022 No. 148-VII (enters into force from the date of receipt by the depositary through diplomatic channels of the last written notification on the implementation by the Member States of the internal procedures necessary for its entry into force).
Article 7
The Member States shall cooperate in the implementation of this Treaty.
Interaction and information exchange between law enforcement agencies, authorized bodies and (or) customs authorities of the Member States within the framework of this Agreement are carried out in accordance with separate international treaties.
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
Reservations to this Agreement are not allowed.
Article 10
By mutual agreement of the Member States, amendments may be made to this Treaty, which are formalized in separate protocols and are an integral part of this Treaty.
The footnote. Article 10 as amended by the Law of the Republic of Kazakhstan dated 10/27/2022 No. 148-VII (enters into force from the date of receipt by the depositary through diplomatic channels of the last written notification on the implementation by the Member States of the internal procedures necessary for its entry into force).
Article 11
This Treaty is subject to ratification and shall enter into force on the date of receipt by the depositary of the last written notification through diplomatic channels on the completion by the Parties of the internal procedures necessary for the entry into force of this Treaty.
Done in Moscow on December 19, 2011, in a single copy in the Russian language.
The original copy of this Agreement is kept in the Commission of the Customs Union, which is the depositary of this Agreement and will send each Party a certified copy of it.
Behind
Behind
Behind
The Republic
The Republic
Russian
Belarus
Kazakhstan
The Federation
I hereby certify that this text is a complete and authentic copy of 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, signed on December 19, 2011 in Moscow.:
for the Republic of Belarus - President of the Republic of Belarus Alexander Lukashenko;
for the Republic of Kazakhstan - by the President of the Republic of Kazakhstan N.A. Nazarbayev;
for the Russian Federation - by the President of the Russian Federation D.A. Medvedev.
The original copy is kept in the Commission of the Customs Union.
Everything is laced, fastened
signed and sealed
10 sheets
Deputy Director of the Legal Department
Department of the Secretariat
Customs Union Commissions
M.I. Khalimova
I hereby certify that this text is a certified copy of a certified copy of 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, signed in Moscow on December 19, 2011.
Head of the Department
International Law Department
Ministry of Foreign Affairs
Republic of Kazakhstan
D. Yesentaev
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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