Is Crypto Legal in Uzbekistan?

Presidential Decree No. UP-106 "On measures for further development of the digital economy in the Republic of Uzbekistan" dated March 16, 2022. This decree established NAPP as the regulator and laid out the general principles.

Resolution of the Cabinet of Ministers No. 445 "On approval of the Regulation on the procedure for licensing the activities of service providers in the field of circulation of crypto-assets" dated August 22, 2022. This is the most critical document detailing licensing and operational requirements.

Law "On the Regulation of Virtual Asset Turnover" (currently under development or recent enactment, as NAPP continuously refines the framework).

Legal Entity Status: The applicant must be a legal entity registered in the Republic of Uzbekistan.

Authorized Capital: Compliance with the minimum authorized capital requirements as stipulated by NAPP (e.g., for crypto exchanges, it's often set at a significant amount in USD equivalent, which usually applies to other VASPs like custodians as well).

AML/CFT Compliance: Strict adherence to international Anti-Money Laundering (AML) and Counter-Financing of Terrorism (CFT) standards, including FATF recommendations. This involves:

Developing and implementing internal AML/CFT policies and procedures.

Conducting Know Your Customer (KYC) for all clients.

Monitoring transactions for suspicious activities.

Reporting suspicious transactions to NAPP and other relevant authorities.

IT Security: Implementation of robust information security systems, including:

Obtaining an information security certificate (e.g., ISO 27001).

Conducting regular penetration testing and security audits.

Ensuring the reliability and uninterrupted operation of software and hardware.

Compliance with NAPP's specific technical requirements for data storage and processing.

Data Storage: All information related to virtual asset turnover and client data must be stored on servers located within the territory of the Republic of Uzbekistan.

Integration with NAPP Systems: Service providers must integrate their information systems with NAPP's unified information system for monitoring and supervision.

Qualified Personnel: Directors and key personnel must meet qualification requirements, including relevant experience and a clean criminal record.

Internal Control System: Establishment of an effective internal control system to manage operational risks.

Clear Rules: Development of clear and transparent rules for interaction with clients, including terms of service, fee structures, and complaint resolution procedures.

Ongoing Refinement: NAPP regularly issues clarifications, guidance, and proposes amendments to existing acts. It is advisable to consult NAPP's official resources for the most up-to-date information.

FATF Standards: Uzbekistan, as a member of the Eurasian Group on Combating Money Laundering and Financing of Terrorism (EAG), is committed to implementing FATF standards. Future legislative changes are likely to reflect ongoing updates to FATF guidance on virtual assets, which may impact custody requirements, particularly regarding travel rule implementation and risk assessments.

This is the primary source for all official announcements, regulations, and updates.

Note: Specific laws and regulations might be more readily available in Uzbek or Russian on the official NAPP site or through official legal databases like Lex.uz.

Presidential Decree No. UP-106 of March 16, 2022:

Direct official link in English is challenging to find, but it's universally referenced.

Reference Title: "On measures for further development of the digital economy in the Republic of Uzbekistan."

Resolution of the Cabinet of Ministers No. 445 "On approval of the Regulation on the procedure for licensing the activities of service providers in the field of circulation of crypto-assets" dated August 22, 2022. This is the most critical document detailing licensing and operational requirements.

This is the key document for licensing.

Reference Title: "On approval of the Regulation on the procedure for licensing the activities of service providers in the field of circulation of crypto-assets."

While a direct English government link might be unavailable, legal firms frequently summarize it.

Example of a legal summary referencing it: https://lexology.com/library/detail.aspx?g=e46d0a7a-62bb-41d1-8d2a-c7528e1088d8 (Note: This is a third-party legal summary, not the official text, but useful for reference.)

Law of the Republic of Uzbekistan "On Combating the Legalization of Proceeds from Criminal Activities, the Financing of Terrorism and the Financing of the Proliferation of Weapons of Mass Destruction" (last updated/amended, e.g., Law No. ZRU-740 of December 14, 2021).

This general law sets out the fundamental principles, definitions, obligations for obliged entities, and the framework for combating ML/TF.

Presidential Decree No. PD-269 of September 2, 2022, "On Measures for the Further Development of the Regulatory Framework for the Circulation of Virtual Assets."

This decree designated the National Agency for Perspective Projects (NAPP) as the authorized body for regulating virtual asset circulation and established core principles for the sector.

Cabinet of Ministers Resolution No. 592 of October 18, 2022, "On Approval of the Regulation on the Procedure for Licensing the Activities of Virtual Assets Stores and the Regulation on the Procedure for Licensing the Activities of Cryptocurrency Exchanges."

This resolution details the licensing procedures for VASPs (specifically crypto exchanges and virtual asset stores) and includes requirements for AML/CFT compliance as a prerequisite for licensing.

Regulation on the Procedure for Carrying Out Anti-Money Laundering and Counter-Terrorism Financing Measures for Virtual Asset Market Participants (Registered by the Ministry of Justice on August 9, 2023, No. 3456).

This is the most specific and crucial document for VASPs, issued by NAPP. It outlines detailed AML/CFT requirements tailored to the virtual asset sector.

Individuals: Obtain and verify identity through reliable, independent sources (e.g., passport, national ID card). This includes name, date of birth, place of birth, address, nationality, and ID document details.

Legal Entities: Obtain and verify legal name, legal form, address, registration number, articles of incorporation, names of directors and senior management, and proof of legal existence.

Source of Funds/Wealth: For high-risk clients or transactions exceeding a certain threshold, VASPs must identify and verify the source of funds or wealth involved.

Beneficial Ownership: Identify and take reasonable measures to verify the identity of the beneficial owner(s) of the client. For legal entities, this typically means identifying individuals who own or control more than a specified percentage (e.g., 25%) of the company, or who otherwise exercise control through other means.

Regularly review existing customer information to ensure it is up-to-date and relevant, especially for high-risk clients.

Scrutinize transactions undertaken by clients to ensure they are consistent with the VASP's knowledge of the client, their business, and risk profile.

Categorize clients based on their ML/TF risk (e.g., low, medium, high).

Apply simplified CDD for low-risk clients/transactions where appropriate.

Apply Enhanced Due Diligence (EDD) for high-risk clients, transactions, or business relationships. This includes:

Politically Exposed Persons (PEPs) and their family members/close associates.

Clients from high-risk geographic areas (as identified by FATF or NAPP).

Transactions involving new or complex technologies that may favor anonymity.

Unusual or complex transactions without an apparent economic or lawful purpose.

Sanctions Screening: Screen clients and transactions against national and international sanctions lists (e.g., UN Security Council resolutions, OFAC lists).

Reporting Threshold: There is no minimum monetary threshold for reporting suspicious transactions. Any transaction (or attempted transaction) that raises suspicion of ML/TF, regardless of amount, must be reported.

What Constitutes Suspicion: VASPs must have internal procedures to identify red flags and analyze transactions for patterns indicative of ML/TF (e.g., unusual transaction patterns, funds from unknown sources, attempts to avoid identification, large deposits/withdrawals that don't fit the client's profile).

Reporting Mechanism: VASPs must report suspicious transactions to the Department for Combating Economic Crimes under the General Prosecutor's Office of the Republic of Uzbekistan, which acts as the Financial Intelligence Unit (FIU). NAPP's regulations may specify a preliminary reporting channel through NAPP itself before forwarding to the FIU.

No Tipping-Off: VASPs and their employees are prohibited from disclosing to the client or third parties that an STR has been or will be filed, or that an ML/TF investigation is underway.

Internal AML Officer: VASPs must appoint a dedicated AML officer responsible for overseeing AML/CFT compliance, including receiving internal suspicion reports and filing STRs.

Retention Period: All records must be retained for a minimum of five (5) years from the date of the last transaction or the end of the business relationship.

All client identification and verification documents (CDD records).

Transaction data, including sender and recipient information, amounts, dates, types of virtual assets, and transaction identifiers.

Records of internal and external suspicious transaction reports.

Records of risk assessments, internal policies, procedures, and training materials.

Records of any analysis performed to determine whether a transaction is suspicious.

Accessibility: Records must be easily accessible and provided to the overseeing authority upon request.

National Agency for Perspective Projects (NAPP) under the President of the Republic of Uzbekistan

Role: NAPP is responsible for developing and implementing state policy in the field of virtual asset circulation, licensing VASP activities, and ensuring their compliance with AML/CFT regulations. It issues specific regulations, conducts inspections, and can impose sanctions for non-compliance.

URL: https://napp.uz/en/ (English version of the official website)

The Department for Combating Economic Crimes under the General Prosecutor's Office of the Republic of Uzbekistan acts as the country's FIU and is the ultimate recipient of Suspicious Transaction Reports (STRs).

URL (General Prosecutor's Office): https://prokuratura.uz/en/

Decree of the President of the Republic of Uzbekistan No. DP-4952 of September 2, 2018 "On Measures for the Development of the Digital Economy in the Republic of Uzbekistan": This decree initially established the legal framework for blockchain technology and created the NAPP (then the National Agency for Project Management under the President).

Link to Decree DP-196 (Russian, often official sources are in Uzbek or Russian): Lex.uz (You may need to search the Lex.uz database if the direct link changes)

Regulations on the Procedure for Licensing of Activities of Virtual Asset Service Providers (NAPP, Registered by the Ministry of Justice No. 3416 on 12.01.2023): These regulations outline the requirements for obtaining a license, including significant capital requirements and strict compliance obligations for VASPs.

Link to NAPP website, often contains regulatory documents: NAPP Official Website (Look for sections on "Regulation of Virtual Assets" or "Legislation")

Regulations on the Procedure for Licensing of Activities of Virtual Asset Service Providers (NAPP, Registered by the Ministry of Justice No. 3416 on 12.01.2023): These regulations outline the requirements for obtaining a license, including significant capital requirements and strict compliance obligations for VASPs.

As a member state of the United Nations, Uzbekistan is legally bound to implement UN Security Council resolutions, including those imposing targeted financial sanctions against individuals and entities involved in terrorism, proliferation of weapons of mass destruction, and other illicit activities.

Uzbekistan's Law "On Combating Legalization of Proceeds from Criminal Activities, Financing of Terrorism and Financing of Proliferation of Weapons of Mass Destruction" (No. ZRU-656 of December 21, 2020) serves as the overarching national legal framework for AML/CTF, directly incorporating the obligation to implement UN sanctions.

Link to Law ZRU-656 (Russian): Lex.uz

The NAPP Regulations for VASPs explicitly mandate that VASPs establish internal control rules and procedures to comply with this law, which includes screening against UN sanctions lists (e.g., the ISIL (Da'esh) & Al-Qaida Sanctions List, the Taliban Sanctions List, and other UN sanctions lists).

While Uzbek law does not directly enforce OFAC (U.S. Department of the Treasury's Office of Foreign Assets Control) or EU sanctions, any VASP operating in Uzbekistan that:

Has a U.S. nexus (e.g., U.S. customers, U.S. dollar transactions, servers in the U.S., employees in the U.S., U.S. investors).

Has an EU nexus (e.g., EU customers, Euro transactions, operations in the EU).

Engages with international partners (banks, other VASPs) that are subject to OFAC or EU jurisdiction.

Uses U.S. dollar-denominated financial services.

...is effectively obligated to comply with OFAC and EU sanctions to avoid severe penalties from those jurisdictions.

Therefore, a prudent VASP in Uzbekistan, especially one with international aspirations or clientele, must implement robust screening against OFAC's SDN List and other sanctions lists, as well as the EU Consolidated List of persons, groups, and entities subject to financial sanctions.

OFAC Guidance for the Virtual Currency Industry: OFAC Guidance

EU Consolidated List: EU Sanctions Map (Includes links to consolidated lists)

EU Financial Sanctions Factsheet: EU Factsheet

NAPP Regulations for VASPs (No. 3415): These regulations mandate that VASPs:

Identify and verify the identity of their clients (and beneficial owners).

Conduct ongoing monitoring of business relationships.

Screen clients and beneficial owners against national and international sanctions lists (including UN lists).

Report suspicious transactions to the Department on Combating Economic Crimes under the Prosecutor General's Office of the Republic of Uzbekistan (Uzbekistan's Financial Intelligence Unit or FIU).

Freeze assets of individuals and entities on designated sanctions lists without delay.

Identification of Parties: VASPs must identify all parties involved in a virtual asset transaction (originator and beneficiary).

Risk-Based Approach: VASPs must apply a risk-based approach to CDD, with EDD required for high-risk customers, politically exposed persons (PEPs), and transactions involving high-risk jurisdictions or activities.

Beneficial Ownership: Identification and verification of beneficial owners are critical.

Ongoing Monitoring: Continuous monitoring of transactions and customer profiles for any changes or red flags, including updates to sanctions lists.

UN Sanctions-related Restrictions: Prohibiting transactions with individuals, entities, and sometimes regions subject to UN asset freezes or other prohibitions.

OFAC/EU Sanctions-related Restrictions: For VASPs with an international nexus, this means avoiding transactions or services to jurisdictions under comprehensive sanctions (e.g., Crimea, certain regions of Ukraine, Cuba, Iran, North Korea, Syria, Venezuela) and entities/individuals located in or linked to those jurisdictions, as specified by OFAC and EU regulations.

Internal Risk Management: VASPs often implement their own geographic restrictions based on their risk appetite, internal policies, and the regulatory demands of all jurisdictions they operate in or serve.

Administrative Responsibility: The Code of Administrative Responsibility (e.g., Article 170-2 "Violation of the procedure for conducting operations with virtual assets" or general AML/CTF violations) can impose significant fines on legal entities and officials.

Criminal Responsibility: The Criminal Code of the Republic of Uzbekistan (e.g., Article 243 "Legalization of proceeds from criminal activities," Article 252-1 "Illegal circulation of virtual assets" - though the latter primarily pertains to unlicensed operations) can impose substantial fines, imprisonment, or asset forfeiture for serious breaches, especially those related to money laundering or terrorist financing.

NAPP Sanctions: NAPP, as the licensing body, has the power to:

Impose fines specific to licensing violations.

Suspend or revoke a VASP's license for non-compliance with licensing conditions or AML/CTF obligations.

OFAC: Can impose civil monetary penalties of millions of dollars per violation, and in severe cases, criminal charges leading to imprisonment for individuals and larger fines for entities. Assets can also be blocked indefinitely.

EU: Member states implement EU sanctions, and penalties vary but can include significant fines, imprisonment, and asset freezes.

Uzbekistan does not maintain a publicly available "crypto-specific" sanctions list.

However, in addition to implementing UN sanctions lists, Uzbekistan maintains national lists of individuals and entities involved in terrorism and extremism, often managed by its security services and the FIU. These national lists are critical for VASPs' AML/CTF screening processes within Uzbekistan.

Information on specific national terrorist lists might not be publicly accessible in its entirety due to security considerations, but VASPs are expected to have access or receive guidance from regulatory bodies (NAPP, FIU) on how to screen against these.

Screening against UN sanctions lists as mandated by Uzbek law.

Screening against Uzbekistan's national lists of individuals/entities involved in terrorism/extremism.

For any VASP with an international footprint, mandatory screening against OFAC (SDN List) and EU (Consolidated List) sanctions lists to mitigate extraterritorial risks.

Implementing a risk-based approach to customer due diligence, transaction monitoring, and geographic restrictions.

Having clear procedures for reporting suspicious transactions and freezing assets as required by law.