Kyrgyzstan

**Law of the Kyrgyz Republic on Combating the Financing of Terrorism and Legalization (Laundering) of Criminal Proceeds (No. 87, dated July 25, 2011, with subsequent amendments).** This law establishes the legal and organizational framework for AML/CFT, defines the obligations of reporting entities, and outlines the role of the financial intelligence unit.

**For individuals:** Full name, date and place of birth, citizenship, residential address, identification document details (e.g., passport, national ID number). Verification through reliable, independent sources (e.g., government-issued documents, utility bills).

**For legal entities:** Full name, legal form, registration number, legal address, tax identification number (TIN), details of beneficial owners, directors, and authorized signatories. Verification through company registration documents, articles of association, and public registries.

**Beneficial Ownership Identification:** VASPs must identify and take reasonable measures to verify the identity of the beneficial owner(s) of the customer, including those who ultimately own or control the customer, or the person on whose behalf a transaction is being conducted. Thresholds (e.g., 25% ownership or control) typically apply.

**Purpose and Intended Nature of Business Relationship:** Understanding the purpose and intended nature of the business relationship (e.g., why the customer is using virtual assets, expected transaction volumes and types).

**Ongoing Monitoring:** Continuously monitoring the business relationship and transactions to ensure that they are consistent with the VASP's knowledge of the customer, their business, and risk profile, including, where necessary, the source of funds.

**Risk-Based Approach:** VASPs must adopt a risk-based approach to CDD. This means applying enhanced due diligence (EDD) for higher-risk customers (e.g., Politically Exposed Persons (PEPs), customers from high-risk jurisdictions, complex structures, large transactions) and simplified due diligence (SDD) for lower-risk scenarios where permitted.

**Obligation to Report:** If a VASP has grounds to suspect that funds or other property, regardless of the amount, are related to the financing of terrorism or legalization (laundering) of criminal proceeds, it must immediately report such suspicions.

**No Tipping-Off:** VASPs and their employees are prohibited from disclosing to the customer or third parties that a suspicious transaction report (STR) has been filed, or that an investigation into money laundering or terrorist financing is being conducted.

**Timelines:** Reports should typically be filed "without delay" after the suspicion arises.

**Customer Identification Data:** Records of all documents obtained during CDD, including identification and verification information, beneficial ownership details, and account details.

**Transaction Records:** Records of all transactions conducted, including amounts, types of virtual assets, dates, sender and recipient information, and any associated messages or instructions.

**Analysis of Complex/Unusual Transactions:** Records of any internal findings, analysis, or documentation related to complex, unusual, large, or high-risk transactions.

**Retention Period:** Records must generally be kept for a minimum period of **five years** from the date of the transaction or the termination of the business relationship.

**The State Service for Financial Intelligence (SSFI) under the Ministry of Finance of the Kyrgyz Republic.**

**Role:** The SSFI acts as Kyrgyzstan's Financial Intelligence Unit (FIU). It is responsible for receiving, analyzing, and disseminating suspicious transaction reports to law enforcement agencies, as well as for developing and implementing AML/CFT policies and overseeing compliance by reporting entities.

**Official Website (in Russian/Kyrgyz, may have limited English content):** http://www.fiu.gov.kg/

**Evolving Landscape:** The regulatory landscape for virtual assets is constantly evolving globally and in Kyrgyzstan. VASPs should monitor for any new specific laws, regulations, or guidance related to cryptocurrencies issued by the SSFI or the National Bank of the Kyrgyz Republic.

**National Bank of the Kyrgyz Republic (NBKR):** While the SSFI is the primary AML/CFT supervisor, the NBKR also plays a crucial role in maintaining financial stability and overseeing the financial sector. The NBKR has historically issued warnings regarding the risks of cryptocurrencies. Any future comprehensive regulatory framework for VASPs might involve the NBKR, especially if virtual assets are classified as financial instruments or securities.

**FATF Standards:** Adherence to FATF recommendations is paramount. VASPs should ensure their compliance programs are aligned with the latest FATF guidance on virtual assets.

**Adopted:** Yes, Kyrgyzstan adopted legislation to regulate virtual assets and include VASPs within its AML/CFT framework.

**Key Legislation:** The primary law is the **Law of the Kyrgyz Republic No. 200 "On the Turnover of Virtual Assets"** dated **August 10, 2022**. This law provides the legal basis for the regulation of virtual assets and designates VASPs as obliged entities for AML/CFT purposes.

**Effective Date:** The Law No. 200 became effective shortly after its promulgation in August 2022. This integration means VASPs are now subject to the broader AML/CFT legislation of Kyrgyzstan, including reporting requirements.

While Law No. 200 designates VASPs as obliged entities, the specific threshold amounts for the FATF Travel Rule (i.e., the requirement to transmit originator and beneficiary information) are typically set by the overarching AML/CFT law or secondary regulations/guidance from the Financial Intelligence Unit (FIU).

**FATF Standard Threshold:** The FATF Travel Rule generally applies to virtual asset transfers (transactions) exceeding **USD/EUR 1,000 (or its equivalent in virtual assets)** for cross-border transfers and **USD/EUR 1,000 (or its equivalent)** if the transaction is domestic and not part of a pre-existing business relationship where the customer has been verified. For unhosted wallets, the guidance usually suggests due diligence for transactions above a certain threshold (e.g., USD/EUR 1,000), but the Travel Rule itself focuses on VASP-to-VASP transfers.

**Local Application:** It is expected that Kyrgyzstan's FIU (the State Financial Intelligence Service under the Government of the Kyrgyz Republic - ГСФР при Правительстве Кыргызской Республики) will issue specific guidance or regulations that either explicitly adopt these FATF thresholds or define their own equivalent based on the national AML/CFT law.

The Law No. 200 "On the Turnover of Virtual Assets" broadly defines and covers entities engaged in activities related to virtual assets. It defines a "Virtual Asset Service Provider" (VASP) as a legal entity carrying out one or more of the following activities for or on behalf of another natural or legal person:

Exchange between virtual assets and fiat currencies.

Exchange between one or more forms of virtual assets.

Safekeeping and/or administration of virtual assets or instruments enabling control over virtual assets.

Participation in and provision of financial services related to an issuer’s offer and/or sale of a virtual asset.

This comprehensive definition aligns with FATF recommendations, ensuring that most relevant crypto businesses are covered.

The Law No. 200 and the broader AML/CFT framework primarily mandate the *outcome* (transmission of required information) rather than specifying a particular technical solution.

**Core Requirement:** VASPs in Kyrgyzstan are required to obtain, hold, and transmit required originator (sender) and beneficiary (receiver) information for virtual asset transfers that meet the specified thresholds.

**Originator Information:** Name, account number (or unique transaction identifier), physical address, national identity number, customer identification number, or date and place of birth.

**Beneficiary Information:** Name, account number (or unique transaction identifier).

**Implementation:** VASPs are expected to adopt robust technical solutions and protocols (e.g., using Travel Rule solution providers like TRISA, Sygna, Veriscope, etc.) to securely transmit this information to other VASPs involved in a transaction.

**Data Security and Privacy:** Implementation must comply with data protection and privacy laws in Kyrgyzstan, ensuring secure handling and storage of sensitive customer data.

**Record-keeping:** VASPs must maintain records of all required information for a period specified by national AML/CFT laws (typically 5-7 years).

Non-compliance with AML/CFT obligations, including those related to the Travel Rule, generally falls under the existing national legislation on combating the legalization (laundering) of criminal proceeds and the financing of terrorism.

**Potential Penalties:** These typically include:

**Administrative Fines:** Significant monetary penalties for legal entities and responsible officials.

**Suspension or Revocation of Licenses:** The licensing authority (which is expected to be the State Service for Regulation and Supervision of the Financial Market under the Government of the Kyrgyz Republic or a similar body) can suspend or revoke a VASP's operating license.

**Criminal Liability:** For severe or repeated breaches, or complicity in money laundering/terrorist financing, individuals (e.g., VASP management) could face criminal charges, leading to imprisonment.

**Enhanced Supervision:** Non-compliant entities may be subjected to intensified regulatory oversight.

**Law of the Kyrgyz Republic No. 200 "On the Turnover of Virtual Assets" (August 10, 2022):** Finding a direct, official English translation online with a stable URL can be challenging, as legislative texts are often published primarily in the national language (Kyrgyz/Russian). It can typically be found on official government legislative databases within Kyrgyzstan.

**FATF Guidance for Virtual Assets and Virtual Asset Service Providers (Updated):** This provides the global standard that Kyrgyzstan is aiming to implement: https://www.fatf-gafi.org/content/fatf-gafi/en/publications/FatfRecommendations/Guidance-VAs-VASPs.html

**State Financial Intelligence Service under the Government of the Kyrgyz Republic (FIU):** This is the key regulatory and enforcement body for AML/CFT in Kyrgyzstan. Their website (likely in Kyrgyz/Russian) would be the primary source for local guidance: https://www.gks.gov.kg/ (Note: Navigation might require knowledge of the local language).

**Requirements:** As a UN member state, Kyrgyzstan is legally obligated to implement all UN Security Council resolutions, including those imposing targeted financial sanctions against individuals and entities involved in terrorism financing and proliferation of weapons of mass destruction.

**Sanctioned Entity Screening:** VASPs must screen their customers (during onboarding and ongoing monitoring) and transaction parties against the UN Consolidated Sanctions List. This includes individuals and entities designated under various UN sanctions regimes (e.g., Al-Qaida, ISIS/Da'esh, Taliban, DPRK, Iran).

**Asset Freezing:** Immediately freeze funds and other assets of designated persons/entities and prohibit making funds or financial services available to them.

**Reporting:** Report any matches or attempts to transact with sanctioned parties to the State Service for Financial Intelligence (SSFI).

**UN Security Council Resolutions:** Various resolutions, e.g., 1267 (Al-Qaida/ISIS), 1373 (terrorism financing), 1718 (DPRK), 2231 (Iran).

**UN Security Council Consolidated List:** https://www.un.org/securitycouncil/sanctions/information

**Requirements:** While OFAC sanctions are primarily U.S. law, their extraterritorial reach can impact non-U.S. entities, including VASPs in Kyrgyzstan, if:

They deal with U.S. persons (citizens, residents, entities).

Transactions involve the U.S. financial system (e.g., USD stablecoins, U.S.-based exchanges, payment processors).

They use U.S.-origin technology or software.

They facilitate transactions with OFAC-sanctioned individuals, entities, or jurisdictions (e.g., Cuba, Iran, North Korea, Syria, sanctioned Russian entities/individuals).

**Sanctioned Entity Screening:** Screen customers and transactions against OFAC's Specially Designated Nationals and Blocked Persons (SDN) List and other relevant sanctions lists (e.g., Non-SDN Palestinian Legislative Council List, various sectoral sanctions lists).

**Geographic Restrictions:** Prohibit transactions to/from or involving individuals/entities in comprehensively sanctioned jurisdictions.

**IP Address Blocking:** Many VASPs globally block IP addresses originating from comprehensively sanctioned jurisdictions to mitigate risk.

**Office of Foreign Assets Control (OFAC) Website:** https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information

**Requirements:** EU sanctions apply to EU persons and entities, as well as transactions taking place within the EU. Non-EU VASPs, including those in Kyrgyzstan, may be indirectly affected if they have clients, partners, or transactions involving EU persons or entities.

**VASP Obligations:** Similar to OFAC, screening against the EU Consolidated List of persons, groups and entities subject to EU financial sanctions.

**EU Sanctions Map:** https://www.sanctionsmap.eu/ (provides an interactive overview of current EU sanctions regimes)

**Official Journal of the European Union:** Publishes all new EU sanctions regulations.

**Date:** Last amended, e.g., on July 10, 2021, No. 94.

**Scope:** This law defines "reporting entities" (which now include VASPs under the National Bank of the Kyrgyz Republic's evolving regulatory framework) and obligates them to:

Implement **Customer Due Diligence (CDD)** and **Enhanced Due Diligence (EDD)**.

Monitor transactions for suspicious activity.

Report suspicious transactions to the **State Service for Financial Intelligence (SSFI)**.

**Implement targeted financial sanctions related to terrorism financing and proliferation financing**, which means freezing assets and preventing financial services for individuals and entities designated by the UN Security Council and potentially national lists.

**VASP Specifics:** While the law might not explicitly list "virtual asset service providers" yet in every article, the **National Bank of the Kyrgyz Republic (NBKR)** has been developing regulations for digital assets since 2021. Any entity licensed by the NBKR to operate with virtual assets will be subject to this AML/CTF law.

**Law of the Kyrgyz Republic "On Counteracting the Financing of Terrorist Activities and Legalization (Laundering) of Criminal Proceeds":** (Accessible via legal databases in Kyrgyzstan, e.g., "Adilet" database, often referenced on SSFI website). An unofficial English translation of previous versions may be available through FATF or UN publications.

**National Bank of the Kyrgyz Republic (NBKR):** https://www.nbkr.kg/ (Look for regulations concerning digital assets or payment systems).

**State Service for Financial Intelligence (SSFI) under the Ministry of Finance of the Kyrgyz Republic:** https://fiu.gov.kg/ (Publishes guidance and information on AML/CTF).

**National Designated List:** The SSFI is responsible for maintaining and disseminating a national list of individuals and entities designated as involved in terrorist activities and proliferation financing. This list is primarily based on UN Security Council designations but may also include national designations made in accordance with Kyrgyz law. VASPs must screen against this list.

**VASP Implementation:** VASPs must have robust systems and procedures to screen all clients, beneficial owners, and transaction counterparties against this national list, as well as the international lists (UN, OFAC, EU) as a best practice for risk management and global compliance.

**Implicit Restrictions:** Kyrgyzstan's AML/CTF law and adherence to UN sanctions implicitly create geographic restrictions. VASPs cannot facilitate transactions that violate international sanctions programs, meaning they cannot process transactions to or from comprehensively sanctioned jurisdictions (e.g., North Korea, Iran, parts of Russia/Ukraine as per OFAC/EU designations) or individuals/entities located in those jurisdictions if they are sanctioned.

**IP Address Blocking:** While not a legal requirement *per se* from Kyrgyz law, many global VASPs block access from IP addresses originating in sanctioned countries as an operational measure to comply with international sanctions.

**No Independent Crypto-Specific Sanctions:** Kyrgyzstan does not maintain its own independent sanctions lists specifically for crypto assets or a regime that unilaterally imposes restrictions on crypto beyond its adherence to international AML/CTF and UN sanctions frameworks.

**Domestic Terrorist and Proliferation Designations:** The **SSFI** maintains a national list of individuals and entities designated for involvement in terrorism and proliferation financing. This list applies to all financial transactions, including those involving virtual assets. It is effectively Kyrgyzstan's "domestic sanctions list" for the purposes of AML/CTF.

**State Service for Financial Intelligence (SSFI):** https://fiu.gov.kg/ (Information on their role and potentially access to national lists or guidance on their dissemination).

Fines for individuals and legal entities (VASPs).

Revocation of licenses or permits for VASPs by the National Bank.

Reputational damage and increased scrutiny.

Imprisonment for individuals found guilty of money laundering, terrorist financing, or serious sanctions evasion.

Confiscation of assets involved in illicit activities.

**Criminal Code of the Kyrgyz Republic:** Defines offenses related to money laundering, terrorist financing, and other financial crimes.

**Regulator/Enforcing Agency:** State Committee for National Security (SCNS, known as GKNB in Russian), Ministry of Internal Affairs (MVD), in cooperation with national energy companies (e.g., National Energy Holding).

**Entity Targeted:** Organized groups and individuals operating illegal crypto mining farms.

**Violation Type:** Illegal electricity consumption (theft), illegal entrepreneurship, potential tax evasion.

**Penalty Amount:** Varies. Typically involves confiscation of mining equipment, imposition of fines for stolen electricity, and initiation of criminal proceedings. Exact financial penalties for each individual operation are often not publicly detailed but can amount to millions of KGS in damages to the energy grid. Arrests and potential imprisonment for organizers.

**Date:** Ongoing, with several significant busts occurring regularly. For a prominent example:

**December 2023:** SCNS reported neutralizing a large illegal crypto mining farm in Bishkek operating in an abandoned factory.

**Outcome:** The operation was shut down, over 2,000 ASIC miners and related equipment were seized. The estimated damage to the state budget from illegal electricity consumption was around **25 million KGS (approx. $280,000 USD)** over three years. Criminal proceedings were initiated.

**Source URL (December 2023 action):**

AKIpress - SCNS neutralizes large-scale illegal cryptocurrency mining farm in Bishkek

Kabar.kg - SCNS uncovers another illegal crypto farm in Bishkek

**Entity Targeted:** Organizers and promoters of the "S-Group" financial pyramid scheme.

**Violation Type:** Fraud, establishment of a financial pyramid, illegal enrichment. The scheme falsely promised high returns from investments in various "projects," including crypto trading.

**Penalty Amount:** No single "fine" amount specified as it's a criminal case. The goal is asset seizure and restitution to victims. The estimated damage to victims was substantial, reaching **billions of KGS**. Organizers face criminal charges, which can lead to imprisonment.

**Date:** Investigations and arrests began notably in **late 2022 and continued into 2023.**

**Outcome:** Several organizers and active participants were arrested. Assets were seized, including luxury cars, real estate, and bank accounts. Investigations are ongoing, aimed at identifying all victims and recovering lost funds. The scheme was effectively dismantled in Kyrgyzstan.

**Source URL (Reporting on S-Group in Kyrgyzstan):**

AKIpress - Financial pyramid 'S-Group' leaves thousands without money in Kyrgyzstan

24.kg - The police have arrested the founder of the S-Group financial pyramid in Kyrgyzstan

**Regulator Name:** National Bank of the Kyrgyz Republic (NBKR)

**Entity Targeted:** The general public, financial institutions, and potential investors.

**Violation Type:** N/A (warnings are preventative, not punitive). The NBKR warns against the risks associated with cryptocurrency, including high volatility, fraud, and the lack of legal tender status. They also emphasize that transactions using crypto are not regulated under Kyrgyz law, except for a specific license requirement for crypto-exchange activities.

**Penalty Amount:** N/A (no direct penalty for warnings).

**Date:** Ongoing, with renewed warnings and clarifications issued periodically. For example, a significant warning was re-issued in **early 2022 and reiterated in 2023** concerning the legal status and risks of crypto.

**Outcome:** Increased public awareness about the unregulated nature and risks of crypto in Kyrgyzstan. It also signals the NBKR's cautious approach and the intention to develop a regulatory framework rather than fully embracing crypto as legal tender. The NBKR has licensed at least one cryptocurrency exchange (in 2022) to operate within a specific regulatory sandbox, indicating a move towards controlled oversight rather than outright ban.

**Source URL (Example of NBKR's stance/warnings):**

NBKR Official Statement/News (search for "криптовалюта" on their news section, e.g., an article from 2022-2023 outlining their position)

AKIpress - NBKR issues warning about risks of cryptocurrency (Note: Specific NBKR press releases might be harder to link directly to, but news outlets frequently report on their warnings).