Identifier
Created
Classification
Origin
08ASHGABAT1359
2008-10-15 09:57:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Ashgabat
Cable title:
TURKMENSITAN'S RESPONSE TO LONDON PLENARY SESSION
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UNCLAS SECTION 01 OF 03 ASHGABAT 001359
SIPDIS
SENSITIVE
STATE FOR SCA/CEN
E.O. 12958: N/A
TAGS: PREL PTER ECON KNNC TX
SUBJECT: TURKMENSITAN'S RESPONSE TO LONDON PLENARY SESSION
OF THE FINANCIAL ACTION TASK FORCE
REF: ASHGABAT 317
UNCLAS SECTION 01 OF 03 ASHGABAT 001359
SIPDIS
SENSITIVE
STATE FOR SCA/CEN
E.O. 12958: N/A
TAGS: PREL PTER ECON KNNC TX
SUBJECT: TURKMENSITAN'S RESPONSE TO LONDON PLENARY SESSION
OF THE FINANCIAL ACTION TASK FORCE
REF: ASHGABAT 317
1. (U) Sensitive but unclassified. Not for public Internet.
2. (U) The Ministry of Foreign Affairs sent the following
diplomatic note, dated September 29, 2008, addressed to the
Ministries of Foreign Affairs of countries-participants of
the Financial Action Task Force (FATF):
Begin Text:
The Ministry of Foreign Affairs of Turkmenistan presents its
compliments to the Ministries of Foreign Affairs of
countries-participants of the Financial Action Task Force
(FATF) and has the honor to inform that, according to the
information available at the Turkmen Side, management of FATF
intends to re-confirm its public statement of February 28,
2008, regarding the risks, money-laundering and terrorism
financing posed by Uzbekistan, Iran, Pakistan, Turkmenistan,
San Tome and Principe, and northern part of Cyprus, based on
the resume of London plenary session held on June 18-20, 2008.
In this connection, the Turkmen Side declares about
unacceptability of such statements and has the honor to
inform the following.
Combating money laundering and terrorism financing becomes
more and more actual problem nowadays, and Turkmenistan,
relying on the experience of other countries and
recommendations of international organizations, takes
necessary steps to establish the national system to combat
money laundering and terrorism financing.
In order to create an effective system against money
laundering and terrorism financing, based on the
recommendations of FATF and considering the peculiarities of
the region as well as admitting importance of the broad
international cooperation in this area, Turkmenistan has
joined the regional Eurasian Group on Combating Money
Laundering and Terrorism Financing as an observer in December
2007.
At present time, a question is raised on Turkmenistan,s
consent to make the FATF mission's report available to other
donors rendering technical assistance.
Taking necessary measures for improving the national system
to combat money laundering and terrorism financing,
Turkmenistan studies the experience of other countries on
implementation of international law in this area to the
national legislation. With this purpose, under the aegis of
the international organizations, several seminars were held.
Among them, the noticeable example is "Role and functions of
Financial Intelligence Unit" seminar attended by the
representatives of the World Bank, International Monetary
Fund, OSCE, UNODC, Eurasian Group on Combating Money
Laundering and Terrorism Financing, as well as FIU of the
Russian Federation, Ukraine and Belarus.
The policy led by the President of Turkmenistan demonstrates
the world community the commitment to the internationally
accepted norms and requirements. In this context, priority
is given to making the legislation consistent with the
international requirements in regard to building the national
system on combating money laundering and terrorism financing.
Involved relevant state authorities aim at introducing this
system and training the specialists in this area.
Along with this, cooperation with the international financial
institutions is underway to provide specialist training for
improvement of the staff potential, as well as for
development and enhancement of the available system on
combating money laundering and terrorism financing.
ASHGABAT 00001359 002 OF 003
Attached to this note please find the additional information
on legislative and international legal steps taken by
Turkmenistan.
The Ministry of Foreign Affairs of Turkmenistan avails itself
of this opportunity to renew to the Ministries of Foreign
Affairs of countries-participants of the Financial Action
Task Force (FATF) the assurances of its highest consideration.
Enclosure: as stated above.
Ashgabat, September 26, 2008
INFORMATION
The Law Of Turkmenistan "On combating terrorism" of August
15, 2003, determines the legal and organizational basis for
combating terrorism in Turkmenistan, the procedures for
activity and interaction of the state bodies, organizations
of all forms of ownership, and public organizations to combat
terrorism, as well as rights, obligations and guarantees of
the citizens in connection with implementation of terrorism
combat.
The Law determines that, financing of knowingly terrorist
organization, terrorist group, terrorist, or any other
assistance thereto, is accepted as one of the terrorist
activity type scaled to such actions as distribution or
propaganda of terrorism ideology, organization, planning,
preparing and realization of terrorist act, incitement to
terrorist act, violence against physical persons and
organizations, destruction of material facilities for
terrorist purposes, etc.
It is established by the Law that Turkmenistan, in line with
its national legislation and norms of the international law,
will prevent and terminate terrorist financing, block the
assets and other financial means, deposits, economic
resources and material values of persons that conduct or
manage to conduct terrorism acts or assist therein; of
entities directly or indirectly owned or controlled by such
persons, as well as persons and entities acting on behalf of
or under directions of such persons and entities, including
the assets received or obtained, or with the use of property
directly or indirectly owned or controlled by such persons or
related persons and entities.
The Law determines the competency of the state bodies
directly combating terrorism, including Prosecutor General,s
Office of Turkmenistan, which, in line with its competency,
performs control over the strict and consistent observation
of normative and legal acts of Turkmenistan.
Prosecutor General,s Office of Turkmenistan facilitates
elimination of legislation violations, reasons and conditions
causing terrorist acts, make investigation of cases of
terrorism nature.
Prosecutor General of Turkmenistan and subordinated
prosecutors will conduct supervision over observation of laws
while combating terrorism.
The Criminal Code of Turkmenistan determines criminal
liability for crimes of terrorist nature, such as article
130, 170, part 1 article 176, 271-273 of the Criminal Code of
Turkmenistan.
The term "money (monetary assets) laundering" is not
envisaged by the legislation of Turkmenistan.
However, the Criminal Code of Turkmenistan determines
criminal liability for actions related with illegal/ill
gotten money legalization (money laundering),that is
financial operations and other transactions with knowingly
illegal/ill gotten money and other property, as well as using
ASHGABAT 00001359 003 OF 003
the mentioned assets and property for entrepreneurship or
other economic activity, including if such actions are made:
repeatedly; by group of people on previous concert or
organized group; by person using his official work status are
punished by fine, correctional labor, imprisonment with
property confiscation or without it.
For combating money laundering and terrorism financing the
Prosecutor General,s Office of Turkmenistan within its
competency will governed by the Constitution of Turkmenistan
and the Law of Turkmenistan "On Prosecutor,s Office of
Turkmenistan"; make procurator's supervision over the strict
and consistent observation in Turkmenistan of laws, decrees
of President and the Cabinet of Ministers by the state
governance and control bodies, local executive and
self-governance bodies, enterprises, organizations and
associations of all forms of ownership, entrepreneurs and
public organizations; in cases envisaged by the legislation
of Turkmenistan, investigate the crime and institute criminal
proceedings against persons committing a crime.
While combating money laundering and terrorism financing with
international element, the Prosecutor General's Office of
Turkmenistan will governed by multipartite international
agreements (Conventions) of January 22, 1993, on combating
terrorism financing, legal assistance and legal relations for
civil, domestic and criminal cases, as well as bilateral
interstate agreements on legal assistance and legal relations
for civil, domestic and criminal cases.
Turkmenistan is a party of the following Conventions:
"Against Corruption", "Against Illicit Traffic of Narcotic
Drugs and Psychotropic Substances", "Against Organized
Crime", "For Suppression of Terrorist Bombings", "Against the
Taking of Hostages", "For the Suppression of Unlawful Seizure
of Aircraft", etc.
The Prosecutor General,s Office of Turkmenistan concluded
interagency agreements on legal issues and about the legal
assistance with the Prosecutor General,s Offices of the CIS
countries.
The Prosecutor General's Office of Turkmenistan is an
observer of the Coordinate Council of General Prosecutors of
CIS countries, and within this performs experience exchange
and discusses various issues related to combating money
laundering and terrorism financing.
The Scientific-Methodology Council of the Prosecutor
General's Office of Turkmenistan has several times reviewed
and introduced relevant notes and proposals to the draft Law
"On combating money laundering".
3. (SBU) COMMENT: In his closing remarks at the Workshop on
Anti-Money Laundering and Financial Intelligence Units held
in Ashgabat March 4-5, Head of the CBT's Supervision
Department Halmurad Orazov called for Turkmenistan to join
the Eurasian Group as a full member (reftel). The World
Bank/UNODC's Global Anti-Money Laundering Program Mentor said
at the time that Turkmenistan's next steps should include
adoption of an anti-money laundering law authorizing
establishment of a financial intelligence unit and reviewing
other laws (criminal procedure code, and laws on banking,
customs, insurance, securities, casinos, investment, etc.)
for potential conflicts. The above response is designed to
address criticism from the international community about
Turkmenistan's lack of progress in creating an anti-money
laundering regime. END COMMENT.
CURRAN
SIPDIS
SENSITIVE
STATE FOR SCA/CEN
E.O. 12958: N/A
TAGS: PREL PTER ECON KNNC TX
SUBJECT: TURKMENSITAN'S RESPONSE TO LONDON PLENARY SESSION
OF THE FINANCIAL ACTION TASK FORCE
REF: ASHGABAT 317
1. (U) Sensitive but unclassified. Not for public Internet.
2. (U) The Ministry of Foreign Affairs sent the following
diplomatic note, dated September 29, 2008, addressed to the
Ministries of Foreign Affairs of countries-participants of
the Financial Action Task Force (FATF):
Begin Text:
The Ministry of Foreign Affairs of Turkmenistan presents its
compliments to the Ministries of Foreign Affairs of
countries-participants of the Financial Action Task Force
(FATF) and has the honor to inform that, according to the
information available at the Turkmen Side, management of FATF
intends to re-confirm its public statement of February 28,
2008, regarding the risks, money-laundering and terrorism
financing posed by Uzbekistan, Iran, Pakistan, Turkmenistan,
San Tome and Principe, and northern part of Cyprus, based on
the resume of London plenary session held on June 18-20, 2008.
In this connection, the Turkmen Side declares about
unacceptability of such statements and has the honor to
inform the following.
Combating money laundering and terrorism financing becomes
more and more actual problem nowadays, and Turkmenistan,
relying on the experience of other countries and
recommendations of international organizations, takes
necessary steps to establish the national system to combat
money laundering and terrorism financing.
In order to create an effective system against money
laundering and terrorism financing, based on the
recommendations of FATF and considering the peculiarities of
the region as well as admitting importance of the broad
international cooperation in this area, Turkmenistan has
joined the regional Eurasian Group on Combating Money
Laundering and Terrorism Financing as an observer in December
2007.
At present time, a question is raised on Turkmenistan,s
consent to make the FATF mission's report available to other
donors rendering technical assistance.
Taking necessary measures for improving the national system
to combat money laundering and terrorism financing,
Turkmenistan studies the experience of other countries on
implementation of international law in this area to the
national legislation. With this purpose, under the aegis of
the international organizations, several seminars were held.
Among them, the noticeable example is "Role and functions of
Financial Intelligence Unit" seminar attended by the
representatives of the World Bank, International Monetary
Fund, OSCE, UNODC, Eurasian Group on Combating Money
Laundering and Terrorism Financing, as well as FIU of the
Russian Federation, Ukraine and Belarus.
The policy led by the President of Turkmenistan demonstrates
the world community the commitment to the internationally
accepted norms and requirements. In this context, priority
is given to making the legislation consistent with the
international requirements in regard to building the national
system on combating money laundering and terrorism financing.
Involved relevant state authorities aim at introducing this
system and training the specialists in this area.
Along with this, cooperation with the international financial
institutions is underway to provide specialist training for
improvement of the staff potential, as well as for
development and enhancement of the available system on
combating money laundering and terrorism financing.
ASHGABAT 00001359 002 OF 003
Attached to this note please find the additional information
on legislative and international legal steps taken by
Turkmenistan.
The Ministry of Foreign Affairs of Turkmenistan avails itself
of this opportunity to renew to the Ministries of Foreign
Affairs of countries-participants of the Financial Action
Task Force (FATF) the assurances of its highest consideration.
Enclosure: as stated above.
Ashgabat, September 26, 2008
INFORMATION
The Law Of Turkmenistan "On combating terrorism" of August
15, 2003, determines the legal and organizational basis for
combating terrorism in Turkmenistan, the procedures for
activity and interaction of the state bodies, organizations
of all forms of ownership, and public organizations to combat
terrorism, as well as rights, obligations and guarantees of
the citizens in connection with implementation of terrorism
combat.
The Law determines that, financing of knowingly terrorist
organization, terrorist group, terrorist, or any other
assistance thereto, is accepted as one of the terrorist
activity type scaled to such actions as distribution or
propaganda of terrorism ideology, organization, planning,
preparing and realization of terrorist act, incitement to
terrorist act, violence against physical persons and
organizations, destruction of material facilities for
terrorist purposes, etc.
It is established by the Law that Turkmenistan, in line with
its national legislation and norms of the international law,
will prevent and terminate terrorist financing, block the
assets and other financial means, deposits, economic
resources and material values of persons that conduct or
manage to conduct terrorism acts or assist therein; of
entities directly or indirectly owned or controlled by such
persons, as well as persons and entities acting on behalf of
or under directions of such persons and entities, including
the assets received or obtained, or with the use of property
directly or indirectly owned or controlled by such persons or
related persons and entities.
The Law determines the competency of the state bodies
directly combating terrorism, including Prosecutor General,s
Office of Turkmenistan, which, in line with its competency,
performs control over the strict and consistent observation
of normative and legal acts of Turkmenistan.
Prosecutor General,s Office of Turkmenistan facilitates
elimination of legislation violations, reasons and conditions
causing terrorist acts, make investigation of cases of
terrorism nature.
Prosecutor General of Turkmenistan and subordinated
prosecutors will conduct supervision over observation of laws
while combating terrorism.
The Criminal Code of Turkmenistan determines criminal
liability for crimes of terrorist nature, such as article
130, 170, part 1 article 176, 271-273 of the Criminal Code of
Turkmenistan.
The term "money (monetary assets) laundering" is not
envisaged by the legislation of Turkmenistan.
However, the Criminal Code of Turkmenistan determines
criminal liability for actions related with illegal/ill
gotten money legalization (money laundering),that is
financial operations and other transactions with knowingly
illegal/ill gotten money and other property, as well as using
ASHGABAT 00001359 003 OF 003
the mentioned assets and property for entrepreneurship or
other economic activity, including if such actions are made:
repeatedly; by group of people on previous concert or
organized group; by person using his official work status are
punished by fine, correctional labor, imprisonment with
property confiscation or without it.
For combating money laundering and terrorism financing the
Prosecutor General,s Office of Turkmenistan within its
competency will governed by the Constitution of Turkmenistan
and the Law of Turkmenistan "On Prosecutor,s Office of
Turkmenistan"; make procurator's supervision over the strict
and consistent observation in Turkmenistan of laws, decrees
of President and the Cabinet of Ministers by the state
governance and control bodies, local executive and
self-governance bodies, enterprises, organizations and
associations of all forms of ownership, entrepreneurs and
public organizations; in cases envisaged by the legislation
of Turkmenistan, investigate the crime and institute criminal
proceedings against persons committing a crime.
While combating money laundering and terrorism financing with
international element, the Prosecutor General's Office of
Turkmenistan will governed by multipartite international
agreements (Conventions) of January 22, 1993, on combating
terrorism financing, legal assistance and legal relations for
civil, domestic and criminal cases, as well as bilateral
interstate agreements on legal assistance and legal relations
for civil, domestic and criminal cases.
Turkmenistan is a party of the following Conventions:
"Against Corruption", "Against Illicit Traffic of Narcotic
Drugs and Psychotropic Substances", "Against Organized
Crime", "For Suppression of Terrorist Bombings", "Against the
Taking of Hostages", "For the Suppression of Unlawful Seizure
of Aircraft", etc.
The Prosecutor General,s Office of Turkmenistan concluded
interagency agreements on legal issues and about the legal
assistance with the Prosecutor General,s Offices of the CIS
countries.
The Prosecutor General's Office of Turkmenistan is an
observer of the Coordinate Council of General Prosecutors of
CIS countries, and within this performs experience exchange
and discusses various issues related to combating money
laundering and terrorism financing.
The Scientific-Methodology Council of the Prosecutor
General's Office of Turkmenistan has several times reviewed
and introduced relevant notes and proposals to the draft Law
"On combating money laundering".
3. (SBU) COMMENT: In his closing remarks at the Workshop on
Anti-Money Laundering and Financial Intelligence Units held
in Ashgabat March 4-5, Head of the CBT's Supervision
Department Halmurad Orazov called for Turkmenistan to join
the Eurasian Group as a full member (reftel). The World
Bank/UNODC's Global Anti-Money Laundering Program Mentor said
at the time that Turkmenistan's next steps should include
adoption of an anti-money laundering law authorizing
establishment of a financial intelligence unit and reviewing
other laws (criminal procedure code, and laws on banking,
customs, insurance, securities, casinos, investment, etc.)
for potential conflicts. The above response is designed to
address criticism from the international community about
Turkmenistan's lack of progress in creating an anti-money
laundering regime. END COMMENT.
CURRAN