--- title: "\"Протокол о внесении изменений в Соглашение о Евразийской группе по противодействию легализации преступных доходов и финансированию терроризма и Положение о порядке формирования и исполнения бюджета Евразийской группы по противодействию легализации преступных доходов и финансированию терроризма\" [рус., англ.]" issuer: "Евразийская группа по противодействию легализации преступных доходов и финансированию терроризма" status: действует canonical: "https://bukva.ai/docs/protokol-o-vnesenii-izmeneniy-v-soglashenie-o-eag-evraziyskaya-gruppa-po/statya-3" --- # Статья 3 ### Статья 3 Заключительные положения Настоящий Протокол вступает в силу в соответствии со [статьей 12](https://bukva.ai/docs/soglashenie-o-evraziyskoy-gruppe-po/statya-12#p100086) Соглашения о ЕАГ. Данный Протокол является неотъемлемой частью [Соглашения](https://bukva.ai/docs/soglashenie-o-evraziyskoy-gruppe-po/statya-1) о ЕАГ от 16 июня 2011 года. Совершено в городе Ташкент, Республика Узбекистан 1 июня 2022 г. в одном подлинном экземпляре на русском, английском и китайском языках, причем все тексты имеют одинаковую юридическую силу. Подлинный экземпляр настоящего Протокола хранится в Секретариате ЕАГ, который, являясь депозитарием настоящего Протокола, направит каждой Стороне его заверенную копию. (Подписи) **AMENDING THE AGREEMENT ON THE EURASIAN GROUP** **ON COMBATTING MONEY LAUNDERING AND FINANCING OF TERRORISM** **AND THE REGULATION ON THE PROCEDURE FOR FORMING AND** **IMPLEMENTING THE BUDGET OF THE EURASIAN GROUP ON COMBATTING** **MONEY LAUNDERING AND FINANCING OF TERRORISM** (Tashkent, Beijing, 01.VI.2022 - 01.XI.2022) The States Parties to the Agreement on the Eurasian Group on Combatting Money Laundering and Financing of Terrorism hereafter referred as the Parties, guided by Article 13 of the stated Agreement, attaching great importance to the promotion of cooperation and seeking to coordinate interaction in combating money laundering, financing of terrorism and financing of proliferation proceeding form the necessity of further development of the Eurasian Group on Combating Money Laundering and Financing of Terrorism, have agreed as follows: Article 1 Amendments to the Agreement on the Eurasian Group on Combating Money Laundering and Financing of Terrorism 1. The Preamble shall read as follows: "The Government of the Republic of Belarus, the Government of the Republic of India, the Government of the Republic of Kazakhstan, the Government of the People's Republic of China, the Cabinet of Ministers of the Kyrgyz Republic, the Government of the Russian Federation, the Government of the Republic of Tajikistan, the Government of Turkmenistan and the Government of the Republic of Uzbekistan, hereafter collectively referred to in this Agreement as the Parties or the Member States, taking into account the provisions of the October 6th, 2004 Declaration on the Establishment of the Eurasian Group on Combating Money Laundering and the Financing of Terrorism and the October 6th, 2004 Terms of Reference of the Eurasian Group on Combating Money Laundering and the Financing of Terrorism, based on a shared history of strategic partnership and cooperation, realizing the danger of money laundering, financing of terrorism and financing of proliferation, reaffirming their commitment to maintaining economic security in the region and their interest in protecting national financial systems from abuse by criminals, acknowledging the importance of broad international cooperation in the area of combatting money laundering, financing of terrorism and financing of proliferation, and expressing interest in creating an effective system for anti-money laundering, combating financing of terrorism and financing of proliferation on the basis of the Financial Action Task Force (FATF) Recommendations and taking into account the regional context, agree as follows:". 2. Hereafter and throughout the text of the Agreement, other statutory and governing documents the name of the Eurasian Group on Combatting Money Laundering and Financing of Terrorism shall be capitalized. 3. Hereafter and throughout the text of the Agreement the words "the parties of the Agreement" shall be replaced with the words "the Parties". 4. Throughout the text of the Agreement, other statutory and governing documents the abbreviated name "EAG" shall be supplemented with the definite article. 5. Article 2 shall read as follows: "The primary goal of the EAG is to improve conditions to protect financial systems and economies of the Member States from the threats of money laundering, financing of terrorism and financing of proliferation of weapons of mass destruction in accordance with the FATF International Standards on Combatting Money Laundering and the Financing of Terrorism and Proliferation (hereafter - FATF Standards) and other successor provisions, as well as other measures, aimed at combating money laundering, the financing of terrorism and proliferation, taken by other international organizations to which the Member States are party, and to provide effective interaction and cooperation at the regional level. The primary tasks of EAG shall be: assisting the Member States in implementing the FATF Standards; elaborating and conducting joint activities, implementing best practices aimed at the development of systems for combating money laundering, the financing of terrorism and proliferation; implementing a program of mutual evaluations of the Member States based on the FATF Standards, including assessment of the effectiveness of legislative and other measures adopted in the sphere of combating money laundering, the financing of terrorism and proliferation efforts; coordinating international cooperation and technical assistance programs with specialized international organizations, bodies, and interested states; analyzing money laundering, the financing of terrorism and proliferation typologies, risks and trends; sharing experience, and developing measures of combating such crimes in the context of the Member States". 6. Hereafter and throughout the text of the Agreement, other statutory and governing documents the words Member States shall be capitalized. 7. Article 3 shall be amended as follows: 7.1. Paragraph 1 shall read as follows: "To achieve the goals and tasks set forth in this Agreement, the following bodies shall operate within EAG"; 7.2. Paragraph 2 shall read as follows: "EAG Plenary Meeting (hereafter - Plenary)". 8. Hereafter and throughout the text of the Agreement, other statutory and governing documents the words "EAG Plenary" shall be replaced by the "Plenary" using relevant definite or indefinite articles. 9. Hereafter and throughout the text of the Agreement, other statutory and governing documents the words "EAG Secretariat" shall be replaced by the "Secretariat" using relevant definite or indefinite articles. 10. Article 4 shall be amended as follows: 10.4. Paragraph 2 shall read as follows: "The Plenary considers the fundamental issues related to the common interests of the Member States, determines the strategy, direction and makes decisions of a recommendatory nature, aimed at achieving the goals and tasks of the EAG"; 10.5. In paragraph 3 "Procedural Rules shall be replaced with "Rules of Procedure of Carrying out the EAG Plenary and Working Group Meetings" to reflect correct name of the governing document; in the same paragraph the words "as is" shall be added after "the EAG" and before "provided"; 10.6. Paragraph 4 shall read as follows: "The Plenary may decide to create Working Groups and other working formats in charge of separate aspects of EAG activity, reporting to the Plenary on issues within their respective terms of reference. The Plenary determines the order of formation, and the competency, of the Working Groups and other working formats"; 10.7. Paragraph 5 shall read as follows: "Decisions of the Plenary are taken by consensus of the Member States". 11. Article 5 shall read as follows: "The EAG Chairman (hereafter - Chairman) is approved for a two-year period by the decision of the Plenary. The Chairman shall be a national of a Member State and shall be serving as a senior public official. Candidates for the chairmanship are nominated by the delegations of the Member States; a delegation may nominate more than one candidate. The Chairman leads the work of the Plenary meetings and represents the EAG in its external relationships. At the start of each term, the Chairman shall propose an Action Plan for adoption by the Plenary. The Action Plan shall outline the tasks and working plans of the EAG for the upcoming Chairman's term. The Plenary approves EAG Deputy Chairman (hereafter - Deputy Chairman) to act on behalf of the Chairman in his absence and perform other duties as decided by the Chairman. The Deputy Chairman will be approved for each period of chairmanship on a rotating basis in the Russian alphabetic order of the names of the Member States. Representatives of the same Member State may not simultaneously serve as the Chairman and Deputy Chairman". 12. Hereafter and through the text of the Agreement, other statutory and governing documents the words "EAG Chairman" shall be replaced with the words "Chairman". 13. Hereafter and through the text of the Agreement, other statutory and governing documents the words "EAG Deputy Chairman" shall be replaced with the words "Deputy Chairman". 14. The name of the Article 6 shall read as follows: "Secretariat". The Article 6 shall read as follows: "The Secretariat performs its functions on a permanent basis, to achieve goals and tasks specified in Article 2 hereof, and to execute decisions of the Plenary and Working Groups, and assignments of the Chairman. The Secretariat is headed by the EAG Executive Secretary (hereafter - Executive Secretary) appointed by the decision of the Plenary. The order of formation, the objectives, functions, rights, and responsibilities of the Secretariat and its employees are specified by the Regulation on the EAG Secretariat, approved by the Plenary. Nationals of the Member States may be Secretariat employees. In performing their official duties, the Executive Secretary and Secretariat employees shall not request or receive any instructions from any Party. Activities of the Secretariat employees shall not conflict with the legislation of the Member States. The Parties shall respect the international nature of the duties of the Executive Secretary and Secretariat employees, and shall not attempt to influence them as they perform their official duties. The Secretariat shall be located in the city of Moscow, Russian Federation. The conditions of the Secretariat residence on the territory of the Russian Federation shall be regulated by a relevant international treaty". 15. Hereafter and through the text of the Agreement, other statutory and governing documents the words "EAG Executive Secretary" shall be replaced with the words "Executive Secretary". 16. Article 7 shall be amended as follows: 16.1. In paragraph 1 the word "depositary" shall be replaced with the word "depository"; in the same paragraph word "to join" shall be replaced with the words "for joining"; 16.2. Paragraph 3 shall read as follows: "take active steps to develop and implement legislation on combating money laundering, the financing of terrorism and proliferation, consistent with the FATF Standards"; 16.3. Paragraph 5 shall read as follows: "are willing to assume the obligations under this Agreement"; 16.4. Paragraph 6 shall read as follows: "A state that wishes to become a Member State shall make an appropriate application through the Secretariat to the Plenary to make a decision on admission of the said state to the EAG"; 16.5. Paragraph 7 shall read as follows: "A Member State has the right to vote in Plenary meetings, and assumes the obligation of making share contributions to the EAG Budget"; 16.6. Paragraph 8 shall read as follows: "The Plenary may decide to suspend the participation of a Party in the work of EAG bodies if such a Party is in violation of this Agreement and/or agreements in force within the EAG. In this case, such a Party shall not have the right to vote on the issue of suspension of its membership. Where such a Party continues to be in violation of its obligations, the Plenary may decide to revoke its membership, effective from the date to be determined by the Plenary". 17. Article 8 shall read as follows: "A state or organization that wishes to receive the EAG Observer Status (hereafter - Observer Status) shall submit an appropriate application to the Plenary through the Secretariat. The Secretariat shall forward the application by the state or organization seeking Observer Status to the Member States for review. If necessary, the Member States may request additional documents that are not confidential. The decision to grant (suspend, revoke) the Observer Status shall be made by the Plenary after the application has been duly reviewed. Representatives of the state or organization that has submitted the appropriate application may be invited to attend the Plenary meeting for the consideration of their application. The decision to grant Observer Status is made by consensus. The Secretariat shall notify such a state or organization of the decision within one week. The Observer Status does not provide the right to vote at the Plenary or the right to sign EAG documents. The state or organization with Observer Status may: participate in the Working Group and Plenary meetings; circulate, through the Secretariat, written statements in the working languages of the EAG on matters of their interest, which fall within the EAG competence; receive, as necessary, open-session documents and decisions of the EAG. A state or organization with Observer Status shall submit, at the request of the Secretariat, documents that are not confidential and related to their participation in the EAG. A state or organization with Observer Status shall present annual written reports on their efforts in combating money laundering, the financing of terrorism and proliferation, and other work with the EAG, including joint efforts with Member States. A state or organization with Observer Status shall notify the Secretariat about their intention to take part in Working Group meetings or the Plenary meeting no later than 15 business days before the start of the meeting. A state or organization with Observer Status shall refrain from actions or statements aimed against the interests of the EAG in achieving its goals and tasks pursuant to Article 2 of this Agreement, or of Member States in fulfilling their obligations pursuant to Article 7 of this Agreement. Where a state or organization with Observer Status has committed acts or made statements aimed against the interests of the EAG in achieving its goals and tasks pursuant to this Agreement, Member States may raise the issue of suspending or revoking its Observer Status at the next Plenary meeting. If a state or organization with Observer Status fails to participate in EAG activities for two years, Member States may raise the issue of suspending or revoking its Observer Status at the next Plenary meeting. A state or organization with Observer Status may submit to the Secretariat an application to relinquish their Observer Status; the relevant decision shall be taken by the next Plenary meeting. Diplomatic missions of states, and representative offices of international organizations, with Observer Status may maintain permanent contact with the Secretariat on matters relating to their participation in EAG activity in observer capacity. States and organizations with Observer Status may, upon informing the Secretariat, provide Member States with assistance in staff training, experience and expertise sharing, logistical support, and financial aid needed to accomplish EAG goals and tasks". 18. Article 9 shall read as follows: "The EAG has its own budget that is established and implemented in accordance with the Regulation on the Procedure for Forming and Implementing the EAG Budget, which is an annex to, and an integral part of, this Agreement. The said Regulation sets out the order of determining the annual Member States' share contributions to the EAG Budget". 19. The name of article 10 shall read as follows: "Working languages". 20. Article 11 shall read as follows: "Any disputes related to the interpretation and application of this Agreement shall be settled among the Parties through consultations and negotiations". 21. Article 12 shall be amended as follows: 21.2. In paragraph 1 the words "needed to bring it into force" shall be replaced by the words "for joining the Agreement". 22. Article 13 shall read as follows: "This Agreement may be amended and supplemented by way of a separate protocol thereto, which shall come into force in accordance with Article 12 of this Agreement". 23. In paragraph 1 of Article 14 word "performing" shall be replaced by the word "settling". Article 2 Amendments to the Regulation on the Procedure for Forming and Implementing the Budget of the EAG which is an integral part of the Agreement on the EAG 1. The Section 1 shall be amended as follows: 1.1. The name of the Section 1 "I. General" shall be replaced by the name "Article 1 General". "The following basic definitions shall be used for the purposes of this Regulation: a) EAG Budget - the main financial plan for the formation and usage of the money resources provided for accomplishing the EAG goals and tasks; b) Financial Year - from January 1 through December 31 of a calendar year inclusive; c) Share Contribution - the amount of money for a Member State to provide to the EAG Budget within the financial year; d) Voluntary Contribution - proceeds from a Member State intending to support EAG activities in excess of its Share Contribution provided to the EAG Budget for the financial year; e) Targeted Voluntary Contribution - proceeds from a Member States intending to have its initiatives implemented, in excess of its Share Contribution provided to the EAG Budget for the financial year; f) Other Proceeds (incomes) - miscellaneous proceeds from states and organizations that are not Member States, intending to support EAG activities, which do not contradict the EAG goals and tasks; g) Internal audit - a method for controlling proceeds (incomes) and expenditures, detecting deviations from planned indicators and norms, analyzing causes of deviations, finding reserves for financial and economic activity, and supplying the Executive Secretary and, if necessary, the Chairman, with the requisite information; h) External audit - an audit of the financial and economic performance of the EAG, conducted by a person(s) or institution representing a Member State and appointed by the Plenary; i) Commitment - entry by the Secretariat into contractual relations or other types of deals that involve financial obligations for the EAG, duly authorized by the Plenary and/or Executive Secretary; j) Proceeds (incomes) - funds contributed to the EAG Budget in the form of share contributions, voluntary contributions, targeted voluntary contributions and other proceeds (incomes); k) Financial Control - monitoring and control, both internal and external, of the process of drafting, discussing, and implementing the EAG Budget, and the process of correct distribution and usage of the Budget funds; l) Common Fund - an account opened for recording proceeds and expenses under the EAG Budget; m) Reserve Fund - an account opened for recording the usage of funds for unforeseen and contingency expenses associated with EAG activities; n) Targeted Fund - special account opened, if necessary, for recording proceeds (incomes) and expenses for dedicated projects and/or initiatives related to EAG activities." 2. The Section 2 shall be amended as follows: 2.1. The name of the Section 2 "II. The EAG Budget" shall be replaced by the name "Article 2 The EAG Budget". "2. The EAG Budget shall consist of share contributions, Voluntary Contributions, Targeted Voluntary Contributions, and Other Proceeds (incomes) payable either in Russian Rubles or in US Dollars at the rate of the Central Bank of the Russian Federation as of the date of crediting to the account of the Secretariat. 3. The EAG Budget shall be drafted for a period of one calendar year, which is also the Financial Year, and approved by the Plenary. 4. The EAG Budget covers all expected proceeds and planned expenses for the Financial Year and is drafted in Russian Rubles. Share contributions are calculated in Russian Rubles and US Dollars at the rate established in the EAG Budget for the specified Financial Year." 3. The Section 3 shall be amended as follows: 3.1. The name of the Section 3 "III. Contributions" shall be replaced by the name "Article 3 Share Contributions". "5. The Member States shall make share contributions to the EAG Budget in compliance with the Annex, which is an integral part hereof. 6. Plenary may change Share Contributions at the proposal of one or several Member States and with the consent of the other Member States. 7. The Plenary shall re-approve Share Contributions upon the withdrawal of a Member State from the EAG or a new state becoming a Member State. 8. Share Contributions shall be transferred to the bank determined by the Executive Secretary and approved by the Plenary. 9. Share Contributions shall be paid in their entirety within thirty days from the receipt of the Executive Secretary's notice about contributions due, or during the first month of the calendar year, or within other time periods as agreed with the Executive Secretary. 10. If a Member State is unable to make the Share Contribution in its entirety within the said timeframe, it may transfer it in parts, notifying the Executive Secretary in advance. 11. If the EAG Budget is not approved by the start of the Financial Year, the Member States shall transfer their contributions in the amount of 1/12 of the EAG Budget for the previous financial year on a monthly basis until the EAG Budget is approved." 4. The Section 4 shall be amended as follows: 4.1. The name of the Section 4 "IV. Forming and Implementing of the Budget" shall be replaced by the name "Article 4 Forming and Implementing of the EAG Budget". "12. The Executive Secretary shall draft the EAG Budget for the next financial year based on the Member States' proposals, present the draft EAG Budget to all Member Mates no later than eight months before the start of the said Financial Year, and submit it to the Plenary for approval. 13. Following the approval or revision of the EAG Budget by the Plenary, the Executive Secretary shall inform the Member States about the share contributions payable. 14. The Executive Secretary shall inform the Member States on the amount of share contributions received. 15. The Executive Secretary shall, on the basis of this Regulation, draft regulations and guidelines, or amendments thereto as necessary, for specific issues of funding EAG activities. Draft financial regulations and guidelines, as well as draft amendments to effective financial regulations and guidelines, shall be submitted by the Executive Secretary to the Plenary for approval. 16. The Executive Secretary shall draft the annual report on the implementation of the EAG Budget and, with the endorsement of the Member States, submit it to the Plenary for approval. 17. Within 12 months after the end of the financial year, the Secretariat shall fully cover the obligations relating to goods and services provided during the said Financial Year, and other financial obligations. 18. If the Plenary fails to approve the EAG Budget before the start of the financial year, the Executive Secretary may assume obligations and make payments on a monthly basis to the extent of 1/12 of the amount of the EAG Budget for the previous financial year until the EAG Budget for the current financial year is approved." 5. The Section 5 shall be amended as follows: 5.1. The name of the Section 5 "V. Funds" shall be replaced by the name "Article 5 Funds". "19. The Common Fund shall be established to record proceeds (incomes) and expenses under the EAG Budget and is funded by Share Contributions, Voluntary Contributions, Targeted Voluntary Contributions and Other Proceeds (incomes). 20. A Reserve Fund may be formed to cover unforeseen and contingency expenses associated with EAG activities. The Plenary, as advised by the Executive Secretary, makes a decision to establish a Reserve Fund and determine its size and the procedure for its usage. 21. Voluntary Contributions, Targeted Voluntary Contributions and Other Proceeds (Incomes) to the EAG Budget may be unplanned and are intended to support current EAG activities in excess of the expenditures under the EAG Budget for the current or next Financial Year, provided the purpose of such funds is not in contravention to the goals and tasks of the EAG. Voluntary Contributions, Targeted Voluntary Contributions and Other Proceeds (Incomes) shall be transferred to the bank account determined by the Executive Secretary approved by the Plenary. The Executive Secretary may open special accounts as necessary to record the usage of Voluntary Contributions, Targeted Voluntary Contributions and Other Proceeds (Incomes). 22. The Executive Secretary may, with approval of the Plenary, establish Targeted Funds as necessary to implement dedicated projects in accordance with the EAG goals and tasks. To facilitate the implementation of the FATF Standards, Voluntary Contributions and Other Proceeds (Incomes) in the EAG Budget may be used on engaging experts, including government officials of the Member States, if this is not in contravention to their national legislation." 6. The Section 6 shall be amended as follows: 6.1. The name of the Section 6 "VI. Control and Audit" shall be replaced by the name "Article 6 Control and Audit". "23. The Executive Secretary, as the principal administrative officer of the EAG, shall be accountable for all financial aspects of EAG activities, and shall report to the Plenary on appropriate and effective management of EAG financial resources in keeping with this Regulation. 24. The financial control mechanisms of the EAG are Internal Audit and External Audit." 7. The Section 7 shall be amended as follows: 7.1. The name of the Section 7 "VII. Miscellaneous" shall be replaced by the name "Article 7 Miscellaneous". "25. Share Contributions unpaid by a Member State on time shall constitute the Member State's debt to the EAG to be repaid on a mandatory basis. 26. Overdue interest of 0.1% per month on the Member State's debt shall be accrued starting from October 1 of the current Financial Year until the debt is fully repaid to the EAG Budget, unless, the Plenary decides otherwise. 27. Where a Member State's debt exceeds the amount of its Share Contribution for the previous financial year, the membership of such a Member State may be suspended under Article 7 of the Agreement on the Eurasian Group on Combating Money Laundering and Financing of Terrorism. 28. The financial obligations of a Member State to the EAG shall remain outstanding regardless of the termination or suspension of their membership. 29. The procedure for resolving specific issues relating to the implementation of this section shall be set out in the financial regulations and guidelines under Paragraph 15 hereof. 30. Where EAG activity is terminated, the procedure for resolving the resulting financial and property issues, including issues of sale of EAG property, shall be determined by the Plenary taking into account the requirements of this Regulation. 31. Where EAG activity is terminated, proceeds from the sale of movable and immovable property, once the obligations have been fulfilled, shall be distributed among the Member States proportionately to the sizes of their contributions approved for the current financial year. 32. If such funds are not sufficient to fulfill the obligations upon the termination of the EAG, Member States shall cover such a deficit in proportion to their respective Share Contributions approved for the current Financial Year. 33. Where the Share Contribution of a Member State whose membership is relinquished or terminated remains outstanding, the amount of the refund to such a state shall be reduced by the amount of the outstanding Share Contribution. Any debt outstanding after the refund shall remain payable by the said state." 8. In the text of the Regulation, each article shall be numbered starting from paragraph 1. Article 2.1 Amendments to the Annex to Regulation on Procedure for forming and implementing of the EAG Budget which is an integral part of the Regulation on the Procedure for Forming and Implementing the Budget of the EAG 1. In the name of the formula words "annual contributions" shall be replaced by the words "Share Contributions". 2. In the section "The following formula shall apply:" shall read as follows ![формула](https://i.bukva.ai/l8zY12j3/img_0.png) 3. The section "The following terms shall be used:" shall read as follows "State's contribution - the Share Contribution of the Member State to the EAG Budget. The EAG Member's GDP - the average Gross Domestic Product of the Member State for the past five years, calculated in accordance with the statistics of the United Nations, as of the drafting date of the EAG Budget. GDP of all the Members - the total Gross Domestic Product of all Member States. Total EAG Budget - expenditures of the EAG Budget for the financial support of goals and tasks of the EAG, exclusive of savings, Voluntary Contributions, Targeted Voluntary Contributions, and Other Proceeds (Incomes). GDP of the State per capita - the average Gross Domestic Product Per Capita of the Member State for the past five years, calculated in accordance with the statistics of the United Nations, as of the drafting date of the EAG Budget. GDP per capita of all EAG Members - the total Gross Domestic Product Per Capita of all Member States." Article 3 Final Provisions This Protocol comes into force according to article 12 of the Agreement on the EAG. This protocol is an integral part of the Agreement on the EAG of June 16th, 2011. Done at Tashkent, Republic of Uzbekistan, on June 1st, 2022 in one original in the Russian, English, and Chinese languages, all texts being equally legal authentic. The original copy of this Protocol shall be kept at the EAG Secretariat, which, as the depository of this Protocol, will send a certified copy to each Party. On behalf of the Government of the People's Republic of China signed on Nov. 1st 2022 in Beijing. ---