Law 11/2015, Of 16 July On Modification Of The Law Of International Criminal Cooperation And The Fight Against The Laundering Of Money Or Securities Of International Crime And The Financing Of Terrorism, Of December 29, The ...

Original Language Title: Llei 11/2015, del 16 de juliol, de modificació de la Llei de cooperació penal internacional i de lluita contra el blanqueig de diners o valors producte de la delinqüència internacional i contra el finançament del terrorisme, del 29 de desembre del...

Read the untranslated law here: https://www.bopa.ad/bopa/027057/Pagines/CGL20150730_14_26_48.aspx

CGL20150730_14_26_48 law 11/2015, of 16 July on modification of the law of international criminal cooperation and the fight against the laundering of money or securities of international crime and the financing of terrorism, of 29 December 2000 law 11/2015, of 16 July on modification of the law of international criminal cooperation and the fight against the laundering of money or securities of the international crime and against the financing of terrorism, of 29 December 2000 since the General Council in its session of July 16th, 2015 has approved the following: law 11/2015, of 16 July on modification of the law of international criminal cooperation and the fight against the laundering of money or securities of international crime and the financing of terrorism. , 29 December 2000 preamble the assessment report of the Principality of Andorra approved by Moneyval at its plenary session of 8 March 2012 shows the evolution and the intensification of the repression and prevention measures adopted.
In this context, it is clear the desirability of adapting the law of international criminal cooperation and the fight against the laundering of money or securities of international crime and the financing of terrorism, of 29 December 2000 (amended by law 28/2008, of 11 December; by law 4/2011 from the 25th of may; by law 20/2013 , 10 October; by the law 4/2014, of 27 March, and by law 2/2015, January 15), the international standards set in the former recommendation 17 of the Group of Financial Action Task Force (FATF)-new recommendation 35-, and increase the deterrent effect and proportionality of sanctioning.
In the light of these considerations, the law regulates the system of sanctions applicable, both in the noun as in the formal.
At the same time, modifies the regulation relating to the obligation to make declarations of suspicious operations considering the recommendations of the Moneyval.
In conclusion, with this legislative reform, Andorra continues with its commitment to the fulfillment of international standards through a process of constant adaptation of the Andorran legal system.
Article 1. Modification of the title of the law of international criminal cooperation and the fight against the laundering of money or securities of international crime and the financing of terrorism, of 29 December 2000 modifies the title of the law of international criminal cooperation and the fight against the laundering of money or securities of international crime and the financing of terrorism , 29 December 2000, which is worded as follows: "law of international criminal cooperation and fight against money laundering of funds arising from international and against the financing of terrorism" Article 2. Modification of article 46 of the law of international criminal cooperation and the fight against the laundering of money or securities of international crime and the financing of terrorism, of 29 December 2000 modifies the article 46 of the law of international criminal cooperation and the fight against the laundering of money or securities of international crime and the financing of terrorism , 29 December 2000, which is worded as follows: "The compulsory subjects are required to declare to the UIFAND any operation or project their operation concerning funds in respect of which there is suspicion or reasonable grounds to suspect that they are the product of a criminal activity which may involve acts of money laundering or that are related to the financing of terrorism. The Declaration must be accompanied by all the necessary documentation.
Subsequent to the Declaration of suspicion, the subject must have sent to the UIFAND any new element that has knowledge related to the Declaration. "
Article 3. Adding a letter f) to paragraph 1 of article 49 of the law of international criminal cooperation and the fight against the laundering of money or securities of international crime and the financing of terrorism, of 29 December 2000 added a letter f) to paragraph 1 of article 49 of the law of international criminal cooperation and the fight against the laundering of money or securities of the international crime and against financing of terrorism, of December 29, 2000, which is written as follows: "f) Are compulsory subjects must make a continuous monitoring of the operations and business relations with its customers."
Article 4. Modification of the ninth section of the law of international criminal cooperation and the fight against the laundering of money or securities of international crime and the financing of terrorism, of 29 December 2000 modifies the ninth section of the law of international criminal cooperation and the fight against the laundering of money or securities of international crime and the financing of terrorism , 29 December 2000, which is written as follows: "ninth Section. Penalties: infractions and sanctions Article 57. Subject violators or responsible Are subject violators or responsible for the compulsory subjects, natural or legal persons, who carry out the actions and omissions classified as an offence in this Act when they are attributable to the negligent or fraudulent conduct.
In addition to the responsibility that corresponds to the required subject, people engaged in such subjects forced senior management charges incur responsibility for the offence or punishable offences committed when such violations are attributable to their fraudulent conduct or negligent.
Article 57 bis. Types of administrative offences offences set out in this law shall be classified as minor, serious and very serious.
Article 57 ter. very serious Offences Are very serious offences as follows: 1. The breach of the obligations of due diligence regarding the identification or verification of customers or their true successors.
2. The breach of the obligation to establish appropriate internal control procedures and sufficient, when this failure can lead to a high risk of money laundering or of the financing of terrorism.
3. The breach of the obligation to declare suspicious transactions under the terms laid down in article 46 of this law.

4. Failure to comply with the orders of blockage, issued by the UIFAND in the terms established in article 47 of this law.
5. Breach of duty to keep secret in the terms established in article 48 of this law.
6. The breach of the prohibition of anonymous accounts and savings books or with fictitious names to article 49.4 of this Act.
7. The breach of the obligation to provide the UIFAND, in time and form, all the information requested in writing in the exercise of their functions, as well as to verify compliance with this law and the regulations that develop it in the terms established in article 53.2. b) of this law.
8. Failure to comply with the obligations of information and of adoption of restrictive measures in what will referred to articles 69 and 72 of this law.
9. The resistance or obstruction, by action or omission, in the role of supervisor UIFAND, whenever there is express written requirement in this regard.
10. the Commission of more than three serious violations during the period of one year.
Article 57 quater. Serious offences Are serious offences as follows: 1. The breach of the obligation to have a special surveillance in the terms established in article 49.1. a) of this law.
2. The breach of the obligation to obtain information on the purpose and intended nature of the business relationship with the customer in the terms established in article 49.1. of) of this law.
3. The breach of the obligation of continuous monitoring of the operations and the business relationships established in article 49.1. f) of this law.
4. The breach of the obligation not to establish or maintain business relationships in the terms established in article 49 bis 5 of this law or carry out operations or transactions prohibited.
5. Failure to comply with the enhanced due diligence measures in the terms established in article 49 c of this law.
6. Failure to comply with the prohibition to establish or maintain correspondent relationships with banks in the terms established in article 49 2 c of this law.
7. the breach of the obligations relating to transfers of funds in the terms established in article 49 sixties of this law.
8. The breach of the obligation to apply, with respect to the branches, affiliates with shareholding or delegations of financial subjects forced on the alien, the measures established in article 44 of this law.
9. The breach of the obligation to hire an annual external audit and to send to the UIFAND the audit report resulting in the terms established in article 52.1. a) of this law.
10. The breach of the obligation to designate an organ of internal control and communication in the terms established by article 52.1. b) and 52.2. a) of this law.
11. do not identify or verify the origin of the funds subject to the business relationship.
12. the breach of the obligations for the conservation of documents.
13. Failure to comply with the obligation to establish appropriate internal control procedures and sufficient, when this constitutes a very serious infringement.
14. The non-compliance of technical releases issued by the UIFAND.
15. the Commission of more than three minor offences during the period of one year.
57 article quinquies. Minor infractions Are minor offences as follows: any breach of the rules of this law specifically not considered as a serious violation or very serious in the previous articles.
Article 58. Sanctions applicable to compulsory subjects which are legal persons 1. Very serious offences are sanctioned with: a) 90,001 fine to 1.000.000 euros.
b temporary or permanent Restriction) of certain types of operations.
c) revocation or amendment of the authorisation of the relevant activity.
The sanction provided for in the letter) must be imposed in all cases and can be imposed simultaneously with any or all of those included in the letters b) and (c)).
2. serious offences are sanctioned with: a) fine of 90,000 to 15,001 euros.
b) Restriction of certain types of operations.
The sanction provided for in the letter) must be imposed in all cases and can be imposed simultaneously with the stipulated in the letter b).
3. minor offences are sanctioned with: a) written Reprimand.
b) fine of 600 to 15,000 euros.
The sanctions set out in letters a and b)) must be imposed in all cases.
4. In addition to the appropriate sanctions to impose on the subject for the Commission of the offence, can be imposed on the person or persons who hold senior management positions and in the fraudulent conduct or negligent of which is attributable to the Commission of the offence, one or several of the following sanctions: a) in the case of very serious offences : fine of 25,001 to 300,000 euros and/or temporary suspension or definitive suspension of six months minimum.
b) in the case of serious violations: penalty of € 25,000 to 3,001 and/or temporary suspension of between one and six months.
c) in the case of minor offences: written reprimand and/or fine of 300 to 3,000 euros.
Article 58 bis. Sanctions applicable to compulsory subjects that are natural persons 1. Very serious offences are sanctioned with: a) fine of 25,001 to 300,000 euros.
b) temporary suspension of six months minimum or definitive suspension.
c temporary or permanent Restriction) of certain types of operations.
d) revocation or amendment of the authorisation of the relevant activity.
The sanction provided for in the letter) must be imposed in all cases and can be imposed simultaneously with any or all of those included in the letters b), c) and d).
2. serious offences are sanctioned with: a) fine of 3,001 to 25,000 euros.
b) temporary suspension of between one and six months.
c) Restriction of certain types of operations.
The sanction provided for in the letter) must be imposed in all cases and can be imposed simultaneously with any or all of those included in the letters b) and (c)).
3. minor offences are sanctioned with: a) written Reprimand.
b) fine of 300 to 3,000 euros.
The sanctions set out in letters a and b)) must be imposed in all cases.
Article 58 ter. exclusion of economic benefit for the offender 1. In any case the Commission of an offence cannot assume the obtaining of a financial benefit for the offender.

2. When the economic benefit obtained by the infringer as a result of the infringement is already set or assessable, the upper limit of the penalty provided for in the previous articles is increased up to double mentioned benefit, if the amount of the benefit is greater than the upper limit finger bent.
Article 58 c. Criteria of graduation of sanctions sanctions will graduate in accordance with some or all of the following criteria: 1. The degree of culpability of the individual offender.
2. The economic capacity of the individual offender.
3. The amount of the operation and/or the profits earned as a result of the violation, as well as any losses caused to third parties by copyright infringement, on the extent to which they can be determined.
4. The gravity and the duration of the events.
5. lack of surveillance and the gaps or inadequacies of the mechanisms of prevention.
6. strong sanctions in administrative which have been imposed for the last five years.
Article 58 quinquies. Prescription 1. Prescribed offences within three years. If there have been acts intended to disguise or hide them to the organs of control or supervision, the prescription takes place ten years.
The period of limitation starts counting from the date on which the infringement has been committed and, in particular:-for infringements that occur in a continuous activity, from the date of the end of the activity or the last act establishing the infringement.
-in the event of breach of the obligations of due diligence, from the date of completion of the business relationship.
-in the event of breach of the obligation to preserve documents, from the expiry of the period to which they refer are articles 51 and 51 bis of this law.
The prescription is interrupted when the UIFAND performs with the formal knowledge of subjects required, an act of inspection, supervision or control of the fulfilment of the obligations of this law. Also it is interrupted by the initiation of the disciplinary procedure, with knowledge of the interested party, or a judicial process for the same facts.
Produced the interruption, it starts again the calculation of the period of prescription.
2. The action to execute the sanctions prescribed within three years.
The period of limitation starts counting from the day following that on which they are notified to the interested party the administrative act by virtue of which purchase firmness the sanction imposed.
In the event that the administrative is only for negative administrative silence the prescription period starts counting from the day following that on which the deadline runs out to resolve on the part of the competent administrative body.
The prescription is interrupted by the introduction, notified to the interested party, the procedure of execution of the penalty, as well as to the suspension of the enforcement of the sanctions resolution agreed in administrative or judicial. "
Article 5. Addition of the ninth section bis of the law of international criminal cooperation and the fight against the laundering of money or securities of international crime and the financing of terrorism, of December 29, 2000 is added the ninth section bis of the law of international criminal cooperation and the fight against the laundering of money or securities of international crime and the financing of terrorism , 29 December 2000, which is written as follows: "ninth Section bis. Sanctions: Article 59 disciplinary regulation of the record sanctioning The imposition of penalties established in this law requires the prior procedure of sanctioning a, which is governed by the following rules: a) To the rules set out in this section and in the regulations that, if appropriate, develop.
b) Subsidiary, by the code of the Administration and the other rules that regulate the sanctioning procedure in administrative matters.
Article 59 bis. Previous performances prior to the opening of the disciplinary procedure can be carried out previous actions in order to determine, with preliminary character, under the circumstances that justify the opening referred to. In particular, these previous actions have been oriented to determine, as accurately as possible, the facts that can motivate the opening of the procedure, the identification of the person or persons who may be responsible and the relevant circumstances that there are exceptional in this regard.
Article 59 ter. Procedure 1. The disciplinary procedure is initiated by the UIFAND file, on its own initiative, reasoned request of other organs or complaint. In this case, the sanctioning UIFAND is limited to: a) Sort the initiation of disciplinary proceedings.
b) Make a brief reference to the facts, that it may be by reference to a record of inspection or in a petition or complaint before.
c) Identifying, if possible, the person or persons allegedly responsible for.
d) Appoint an instructor. Said an instructor must be a person with experience in the financial field or in the legal field.
2. The disciplinary file is communicated to the instructor and will notify the person or people who appear as allegedly responsible for so that they understand the initiation of disciplinary proceedings and to apply for the challenge of the instructor in the period of ten days.
3. The appointment of the instructor is subject to the rules regarding abstention and challenge established in the administration.
4. In cases of absence or temporary impossibility of the instructor named, the UIFAND appoints a new instructor.
5. The UIFAND shall notify the Government of sanctioning procedure and, in the case that the people who appear as allegedly responsible for operational entities are of the financial system, also at the Institut Nacional Andorrà de Finances.
Article 59 quater. Links with criminal jurisdiction 1. If during the processing of the sanctioning procedure it appears that the facts can constitute a criminal offence, the public prosecutor's Office immediately informs UIFAND.
The public prosecutor has to inform the UIFAND both the decision not to carry out criminal actions such as the exercise of these actions and, when it occurs, the result.
2. If, during the processing of the sanctioning procedure is representative that has been open a criminal procedure by the same facts, they must agree on the suspension of the administrative procedures until they become strong a resolution via penalty.

3. The competent body to resolve has to declare the non-requirement of administrative responsibility and archive the file if, before issue resolution, is accredited firm that has become a criminal sanction on the same subject by the same facts, and appreciates, Furthermore, the identity of Foundation of the sanction.
Article 59 quinquies. Precautionary measures 1. Once you have commenced the procedure and at any time of this procedure, the UIFAND can agree on the precautionary measures they believe appropriate in order to ensure the effectiveness of the resolution that may fall, as long as there are sufficient evidence of a crime.
2. These measures may consist in: provisionally ban the carrying out of certain types of financial or commercial operations; have the provisional suspension of the people who, because of exercising senior management positions in the compulsory subjects, appear as the alleged responsible for very serious offences.
3. Provisional measures must be proportionate to the aim pursued and have to get up as soon as you lose your purpose.
4. You can lodge an appeal against the decision of the UIFAND in front of the Administrative Section of the Court of magistrates, within thirteen working days counting from the day after the notification of the measure adopted.
The Court of appeal is not suspensive of execution, in accordance with the provisions of the code of administration, discretionary powers of the Administrative Section of the saved the Court of Batlles arising from the legislation in force in accordance with the same code of the Administration and concordant provisions.
Article 59 sixties. Phase of instruction the instructor has to sort the practice of all the performances and evidence it considers suitable for the competition of the facts and to determine responsibilities likely to sanction.
The instructor must prepare a report that reflects the conclusions of the hearing.
Article 60. Schedule of charges 1. After the phase of instruction, and in view of the actions were carried out, the instructor should formulate a list of posts with the following minimum content: a) identification of the person or persons, natural or legal, responsible, including the person or people who hold senior management positions and in the fraudulent conduct or negligent of which is attributable to the Commission of the infringement , if applicable.
In the event that they are different, you must specify the facts that is charged to each one of them.
b) exposure of the facts charged, briefly exposed, which motivate the inchoation of sanctioning procedure, possible rating with reference to legal provisions infringed and the sanctions proposed.
The charges can be referred to the report of instruction, provided that between this report and the same list of posts will contain all items set forth in this section.
c) Indication of the right to examine the file, to formulate allegations, to provide documents, to propose the practice of testing and the time limits for their exercise.
In the event that the instructor feels that it has not committed any administrative infringement, no formula sheet and raises a stagecoach motivated the UIFAND to archive the file.
2. The charges has been notified to the alleged violators, who have a period of ten days from the day after the notification to make the allegations deemed relevant and, if necessary, propose the tests they deem appropriate.
3. In view of the allegations made and the tests proposed by alleged offenders, the instructor can decide, ex officio, the opening of a term in the terms established by the code of the administration.
4. The procedural time to provide a copy of the administrative record corresponding sanctions and give access to consult it to alleged offenders is the notification of charges.
Article 60 bis. Proposal for a resolution 1. Presented the allegations against the charges or after the deadline for doing so, and carried out all the additional actions that the instructor has considered appropriate, the instructor: a) formulates a proposal for resolution in which fix for motivated the facts, their legal qualification, the offence or offences charged, the person or persons who are considered to be responsible and sanction finally proposed , or;
b) proposes the dismissal and/or the file of the record sanctioning.
2. The proposed resolution, along with all the pieces that make up the file, must be sent to the UIFAND, so that this resolved or raise the matter to the competent body to resolve.
Article 60 ter. Resolution 1. The competition to solve the administrative procedures relating to serious infringements and very serious for the Government.
In the event that the motion of the UIFAND proposes the revocation or amendment of the authorisation of the relevant activity, and only in this case, the Government must notify the proposed resolution to the competent to grant the authorization mentioned in order that it submit a report that is binding, within a maximum period of three months, in which decide on the revocation or amendment of the authorisation.
The implementation of strong sanctions consisting of the revocation or modification of authorisations of activities correspond to the competent body in each case to grant them.
2. The competition to solve the administrative procedures concerning minor offences corresponds to the UIFAND.
3. The competent body to resolve, by means of resolution motivated and notified to the subject violators, has to express the facts that are considered to be tested, the legal norm which typify as a violation and that establishes the penalty that applies.
4. In the event that the subject will be an operational entity of the financial system, the competent body to resolve has to notify the sanctions resolution at the Institut Nacional Andorrà de Finances.
Article 60 quater. Expiry date of the procedure 1. The maximum period to resolve and report the decision to subject offenders is two years from the notification of the disciplinary records to the person or persons allegedly responsible for, without prejudice to the possible increase in six months this additional period, agreed to form due to the UIFAND, at the proposal of the instructor, and notified the subjects violators.
The expiration of this period without having reported resolution expresses for reasons attributable to the Administration produced the expiration of the procedure.

2. The maximum period to solve the sanctioning procedure and notify the resolution to impose sanctions on the subject violators suspended in the following cases: a) When the requested statement or report of another organism, by the time elapsed between the request, which must be notified to the responsible subject, and the notification of the statement or report in the UIFAND. The period of suspension for this cause cannot be more than three months.
b) When students are advised before any court process, the same facts, until the decision of the competent court to become firm.
In case it is the UIFAND which tell the Prosecutor that the facts can constitute a criminal offence, the expiry period of the disciplinary procedure is suspended from the communication of the UIFAND up to the public prosecutor, as appropriate, the communication of this Ministry in the UIFAND of the decision not to carry out criminal actions or until the decision of the competent court to become firm.
c) When, in the framework of the procedure of a sanctioning procedure, a procedure is urgent and substanciï in the terms established in article 41.1 of the Constitution, until the decision of the competent court to become firm.
3. The Declaration of expiration of the procedure can dictate from ex officio or at the request of the interested party and sort the file of the proceedings.
4. Expiration of a sanctioning administrative transcript does not preclude the introduction of a new procedure with identity of subject, facts and fundamentals, provided that the infringement imputed is not prescribed.
60 article quinquies. Resource The sanctioning resolutions put an end to the administrative. Against these resolutions sanctioning can lodge an appeal before the Administrative Section of the Court of magistrates, within thirteen working days starting from the day after the notification of the resolution. "
First transitional provision within a period of six months should be regular correspondents both Spanish French, which do not have licenses to operate in the financial field.
Second transitional provision The proceedings that have been initiated before the entry into force of this law shall continue to be processed and resolved in accordance with the rules in force at that time.
Repealing only emblems the chapter five of the Decree, 13 may, 2009, for approval of the regulation of the law of international criminal cooperation and the fight against the laundering of money or securities of international crime and the financing of terrorism, of December 29, 2000.
First final provision will enable the Government to, within a maximum period of four months from the date of entry into force of this law, published in the official bulletin of the Principality of Andorra, by Decree, and the revised text of the articles and of the supplementary provisions of the law of international criminal cooperation and the fight against the laundering of money or securities of international crime and the financing of terrorism , 29 December 2000, adapting the name of UIF to UIFAND, since the text has been the subject of several edits and agree that standardising terminology.
Second final provision this law comes into force the day after being published in the official bulletin of the Principality of Andorra.
Casa de la Vall, 16 July 2015 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
François Hollande Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra