Государственная служба Финансовой разведки при Правительстве Кыргызской Республики

History

History of the creation of the Financial Intelligence Kyrgyz Republic

The objective prerequisites start anti -money laundering

The global trend of combating legalization of criminal activities began to take real shape in the early 80 - ies of the last century. Although in some countries the need for such opposition appeared much earlier. For example, in the United States came from crime syndicates gangster and mafia clans during the Great Depression , by the 40 years began to emerge from the shadows as a legal private banks , restaurants, casinos , construction , oil and other companies and firms. A legalization began with the establishment of private laundry facilities, which scrolls through millions of dollars in cash . The current stable , the term " money laundering" experts attribute to these " laundries " operations.
By the mid- 80s of the twentieth century, the need for a modern strategy to combat the laundering of money gained widespread international recognition. The starting point in the development of this trend is considered to be negotiations under the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988. Seizure of the proceeds of criminal elements from their criminal activity is increasingly seen as an important instrument in the fight against drug trafficking , and, later, to other types of crimes. Progress in this area is crucial in the fight against organized crime, corruption and the financing of terrorism and to maintain the integrity of the financial markets.
Develop a strategy for combating money laundering has demonstrated that traditional methods of fighting crime are not enough . First, law enforcement agencies have very limited access to relevant financial information , and secondly, the traditional law enforcement officers do not have the necessary experience in the financial industry , are far from intricate circuit of money laundering. It was obvious that the implementation of this strategy requires the creation and bringing to this fight special units composed of people who have enough experience in financial structures , and with the knowledge of the financial system .

Financial Intelligence Unit

First Financial Intelligence Unit ( FIU ) was established in the early 90 - ies of the last century. In the next fifteen years, the number FIU has increased dramatically in 2007, the Egmont Group ( an informal international association of FIUs ) consisted of such units already in 106 countries around the world . In 2003, the Task Force on Financial Measures against Money Laundering ( FATF ) adopted 40 recommendations to combat money laundering organization , among which were included direct recommendations on the establishment and functioning FIU. The International Monetary Fund and the World Bank , as well as a number of their members have different countries with technical assistance in the establishment and strengthening of the FIU.
Over time, the range of tasks and responsibilities of the FIU is expanding in line with global trends to combat international terrorism. In addition to anti-money laundering and combating associated with this predicate offenses , they now include questions and combating the financing of terrorism. Information regarding the financing of terrorism , in many respects from the information on other financial crimes, which raises questions about the specific methods of analysis of such information and the relevant training FIU staff . Range of subjects , providing information and cooperating with entities of financial monitoring are also expanding to include the representatives of the non-financial professions , such as casino workers , persons providing services to companies , lawyers and accountants . As a result, the nature of received messages is becoming more diverse, which once again raises questions about the methods of analysis and training .
On the whole , the FIU are bodies that receive from financial institutions, other entities and individuals to report suspicious transactions , analyze the information , and transmit prepared on the basis of these reports the material law enforcement agencies and foreign FIUs to take appropriate measures in order to combat money laundering .

Eurasian Regional Group ( EAG )

In October 2003, the FATF Plenary meeting Russia initiated the creation of a regional Eurasian Group ( EAG ) on combating money laundering and terrorist financing, FATF-style .
The decision of the States Parties on the establishment of the EAG was taken at the Inaugural Conference in Moscow in October 2004 . The group , in addition to Russia , included Belarus, Kazakhstan , Kyrgyzstan, Tajikistan and China . Observers in the EAG are currently 20 foreign countries and international organizations.
The main purpose of the Eurasian Group - Facilitation of the development of national systems for combating money laundering and terrorist financing , bringing them into line with international standards , improving the efficiency of these systems through international exchange of information.

The Financial Intelligence Service of the Kyrgyz Republic

The need to establish an FIU in the Kyrgyz Republic the most realistic appeared with the beginning of the membership of the Kyrgyz Republic in the regional Eurasian Group on Combating Money Laundering and Financing of Terrorism ( EAG ) . Implementing decisions EAG , realization of the tasks that are considered and put to the Plenary meetings of this organization , it is strongly demanded the creation of a special authorized body , which would directly implement and coordinate work in the field of combating legalization (laundering ) of proceeds from crime and terrorist financing Kyrgyzstan.
The Financial Intelligence Unit in the Kyrgyz Republic traces its history from the date of signing by the President of the Kyrgyz Republic Decree number 352 dated September 8, 2005 " On the authorized body to combat the financing of terrorism and the" laundering " of proceeds of crime - Financial Intelligence Service of the Kyrgyz Republic" .
November 25, 2005 The President of the Kyrgyz Republic Decree number 596 appointed Acting Chairman of the Financial Intelligence Service of the Kyrgyz Republic Kalimbetova Tajikan Borbugulovnu , at the same time served as Deputy Minister of Finance.
December 29, 2006 The President of the Kyrgyz Republic signed a decree number 645 "On appointment Sadyrova Maksatbek Azhymalievicha Chairman of the Financial Intelligence of the Kyrgyz Republic." Before that Sadyrov MA he held the post of Deputy Chairman of the FIS .
The main objective of the Financial Intelligence Service of the Kyrgyz Republic - is the implementation of measures to combat the financing of terrorism and the " laundering " of proceeds of crime , protection of rights and legal interests of citizens, society and the state, as well as the integrity and stability of the financial system of the Kyrgyz Republic. The Financial Intelligence Service of the Kyrgyz Republic is a state in the international practice example - administrative-type FIU , which does not relate to the system of law enforcement or judicial authorities. Although the standard way of thinking often leads to errors in understanding the place and role of the Financial Intelligence Unit within the Government . SFR is sometimes mistakenly attributed to a number of law enforcement or regulatory authorities , is credited with operational and investigative functions , in fact, have nothing to do with the activities of the Financial Intelligence Unit . I think this is the specific costs of the authorized body , which is associated with strict confidentiality Workflow Services.
Since its formation , the Financial Intelligence Service as a public body has passed all the necessary stages of development, and has undergone all the formal conditions for the creation of relevant bodies . Chronology of major events and key decisions related to the creation and organization of the Financial Intelligence Service of the Kyrgyz Republic is as follows:

January 12, 2006 received certificate "On state registration of legal entities ."
In January 2006, assigned to the economic and functional characterization FIS in the republic's budget for the 2006 fiscal year.
Decree of the President of the Kyrgyz Republic dated 29 December 2005 № 655 "On the Issues Financial Intelligence Service of the Kyrgyz Republic " approved "Regulations of the Financial Intelligence " and its staff-limit .
Decree of the President of the Kyrgyz Republic dated 29 December 2005 № 655 "On conditions of civil service pay FIU Kyrgyz Republic" approved the salaries of civil servants FIS .
Presidential Decree of 17 January 2006 number 11, was appointed Deputy Chairman of the Financial Intelligence Service of the Kyrgyz Republic.
Presidential Decree of 17 March 2006 № 121 "On Amendments to the Law" On the optimization of the structure of government of the Kyrgyz Republic dated 30 November 2005 " " appropriate additional column about the legal number of MOSFETs to the financial intelligence of the Kyrgyz Republic.
June 16, 2006 by the Parliament of the Kyrgyz Republic adopted a law "On prevention of terrorism financing and legalization (laundering ) of proceeds from crime " and sent to the President of the Kyrgyz Republic.
June 26, 2006 Order of the President of the Kyrgyz Republic № 245 Interdepartmental Committee on AML / CFT ;
July 31, 2006 by the President of the Kyrgyz Republic signed the Law of the Kyrgyz Republic " On combating terrorism financing and legalization (laundering ) of proceeds of crime" ;
August 25, 2006 Order of the Government of the Kyrgyz Republic № 477- p FIS transferred to the building , located at Bishkek street . Togolok Moldova 21a ;
December 11, 2006 the President of the Kyrgyz Republic signed the Order :

RP number 354, on approving the draft Agreement between the Financial Intelligence Service of the Kyrgyz Republic and the Department of Financial Monitoring Committee of State Control of the Republic of Belarus on cooperation in the field of AML / CFT . Signed on December 14, 2006 in Moscow ;

RP number 355, on approving the draft memorandum between the Financial Intelligence Service of the Kyrgyz Republic and the State Committee for Financial Monitoring of Ukraine on cooperation in the field of AML / CFT ;

RP number 356, on approving the draft Agreement between the Financial Intelligence Service of the Kyrgyz Republic and the Federal Service for Financial Monitoring (Russian Federation ) on cooperation in the field of AML / CFT . Signed on 15 December 2006 in Moscow .

Since the beginning of the Service as part of the adopted law "On combating terrorism financing and legalization (laundering ) of proceeds of crime" and the provisions of the CFR has been made and signed interagency agreements on mutual cooperation and the provision of information between :
SFR - The National Bank of the Kyrgyz Republic № 21 dated November 2, 2006 ;
SFR - The Agency for Drug Control number 18 on November 6, 2006 ;
FIS - Financial Police number 22 on November 27, 2006 ;
FIS - the National Security Service number 23 of November 29, 2006
SFR - State Agency for Financial Supervision and accountability of the Government of the Kyrgyz Republic № 24 dated November 6, 2006 ;
SFR - Ministry of Economy and Finance of the Kyrgyz Republic № 25 from 19. November 2006 .

In September 2007, was published a collection of guidelines "National System of terrorism financing and legalization (laundering ) of proceeds from crime ." The collection contains the legal framework to combat financial offenses , comments of experts , instructional and methodological framework in the field of AML / CFT . In this edition are included and the most typical examples of schemes on money laundering and terrorist financing identified by experts from international organizations such as the Task Force on Financial Action Task Force (FATF ) , the Eurasian Group on combating money laundering , laundering and terrorist financing ( EAG ), and others. Here you can also find typical examples of criminal schemes identified FIUs and other regulatory and law enforcement agencies around the world.
In order to ensure the protection of rights and legal interests of citizens, strengthening the fight against the financing of terrorism and the " laundering " of proceeds of crime , ensuring the stability and resilience of the financial system July 31, 2006 in the Kyrgyz Republic adopted a law "On combating terrorism financing and legalization (laundering ) of the proceeds of crime " ( AML / CFT ) . This law came into force on 8 November 2006 .
The adoption of this instrument is primarily contributed to the need to perform Kyrgyzstan adopted by its international obligations , the management recognized international standards to counter the financing of terrorism and money laundering of crime provided for in the FATF Recommendations .
In accordance with paragraph 2 of Article 9 of the Law on AML / CFT for its implementation and enforcement of existing legislation of the Kyrgyz Republic in accordance with this law , the Government of the Kyrgyz Republic ( according to the Decision of the RCC January 10, 2007 ) , the Financial Intelligence was initiated 11 Bills .
The development of these bills was the initial stage of formation of the National System of terrorism financing and legalization of proceeds from crime in Kyrgyzstan, the beginning of a process of harmonization of the legislation of the Kyrgyz Republic, to bring it into conformity with the Law on AML / CFT and to the international standards of law in this area.
The bills were adopted by the Parliament September 12, 2008 , and sent to the President of the Kyrgyz Republic. October 17, 2008 The President of the Kyrgyz Republic signed :

The law "On gambling activities in the Kyrgyz Republic" dated August 11, 2008 number 201 ;
The Law " On Amendments to the Code of Administrative Responsibility" on October 17, 2008 № 214;
The Law " On Amendments to the Civil Code of the Kyrgyz Republic" dated October 17, 2008 № 215;
The Law " On Amendments to the Law of the Kyrgyz Republic" On Bank Secrecy " from October 17, 2008 № 216 ;
The law "On Making Amendments and Addenda to the Law of the Kyrgyz Republic" On Banks and Banking Activities in the Kyrgyz Republic "dated October 17, 2008 № 217;
The law "On amendments to the Tax Code of the Kyrgyz Republic" dated October 17, 2008 № 218;
The law "On amendments to the Law " On Organization of Insurance in the Kyrgyz Republic "dated October 17, 2008 № 221;
The law "On amendments and additions to the Criminal Code of the Kyrgyz Republic" dated October 17, 2008 № 223;
The law "On introduction of changes and amendments to the Law " On the National Bank of the Kyrgyz Republic "dated October 17, 2008 № 224;
The Law " On Amendments to the Law " On the Securities Market "dated October 17, 2008 № 225;
The Law of the Kyrgyz Republic "On amendments to the Law " On State Registration of Rights to Real Estate and Transactions " on October 17, 2008 number 228.
Stability of the financial system of the country as a factor of economic development, maintaining political and social stability, is crucial in nation-building . There are practical examples of the formation of the international community , when this factor has played and continues to play a fundamental role in the development of different states . And at the same time, there are many examples of the instability of the financial system nullifies the economic reforms in the country. In today's world there are a lot of potential , and has already proven methods of destabilizing the financial system . State Financial Intelligence Service of the Kyrgyz Republic is part of the global system to counter such threats , the authorized agency , which is charged with the mission of combating money laundering and financing of terrorism attempts in Kyrgyzstan.
Law " On combating terrorism financing and legalization (laundering ) of proceeds from crime " came into force on 8 November 2006 , from this day activities FIS received a legal basis for a new momentum and content.