Law 2/2015, The 15Th Of January, 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 2/2015, del 15 de gener, 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/027012/Pagines/lo27012004.aspx

lo27012004 law 2/2015, the 15th of January, 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 2/2015, the 15th of January, 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 since the General Council in its session of 15 January 2015 has approved the following: law 2/2015, the 15th of January, 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 becomes obvious the need to adapt 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 the law 4/2011, may 25 , by law 20/2013, of 10 October and by the law 4/2014, March 27) to the essential standards set in the former recommendation 26 of the Financial Action Task Force (FATF)-new recommendation 29-, and to establish specific measures and legal provisions as well as relating to the configuration of the UIF legal (now UIFAND).
In the assessment report, the Moneyval expressed reservations in relation to the functional autonomy and independence of the UIFAND and, in particular, the regulatory framework of the appointment and dismissal of the staff of the UIFAND.
In the light of these considerations, the law regulates, mainly, the powers and functions of the UIFAND, its composition and establishes specific rules and individuals for appointment and dismissal of the head of the UIFAND, regulating equally the regime of incompatibilities.
Likewise, you change the acronym by which referred to the financial intelligence unit of the Principality of Andorra, which happen to be renamed UIFAND, in order to correct identification of this organism of Andorra in the international arena, the very early in this regard with their counterparts.
Additionally, using this law modifies, also, article 47 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, according to which the files processed by the UIFAND are sent to Justice through the Batllia.
In addition, it carried out a number of technical enhancements of the previous regulation.
In conclusion, with this legislative reform, Andorra reinforces its commitment to compliance with the international standards, in this case the old recommendation 26 of the FATF (new recommendation 29), through a process of constant adaptation of the Andorran legal system.
Article 1 amendment to article 47 article 47 is modified 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, which is worded as follows: "1. The obligation to declare should meet, regardless of what the country where it has been committed or may commit the alleged crime of money laundering or of the financing of terrorism , or where you come from or are intended for the funds.
The Declaration must be made before the subject must have executed the transaction suspicious financial or economic.
2. If the UIFAND, in the light of the investigations carried out in the exercise of its functions, it is estimated that there is enough evidence, orders temporarily blocking the operation or operations that deems appropriate.
Blocking may not exceed five days, within which the UIFAND has to lift it if these signs have been distorted or, otherwise, it should send the actions to the competent public prosecutor's Office, handing the copy guard.
3. When to refrain from executing suspicious financial or economic operation is impossible or is likely to compromise the prosecution of the beneficiaries of the alleged operation of money laundering or financing of terrorism, the compulsory subjects will be able to run the operation, and make a statement immediately after the UIFAND. The Declaration has set out, in addition to the information referred to in article 46, the reasons that justify the execution of the operation.
4. In any case, the UIFAND has no responsibility for damages caused by the blockade of capital carried out within the scope of their functions.
5. The issue of the Declaration of suspicion and any other additional information does not carry any responsibility for the sender even if done without knowing exactly what type of crime or illegal activity has been allegedly committed.
6. The UIFAND and any other administrative or judicial authority takes all appropriate measures to protect the subjects required towards any threat or hostile action arising from the fulfilment of the obligations imposed by this law. In particular, confidentiality will be maintained on the identity of the subject required and employees who have been involved in the declarations of suspicion and in all administrative and judicial procedures with origin or relation to the statements issued.
For this purpose, the UIFAND analyzes the Declaration of suspicion and, in the case of appreciate evidence or the existence of money laundering or financing of terrorism, referred to the report, delivering a copy to the public prosecutor. The report of the UIFAND does not include the declarations of suspicion of compulsory subjects or their identification or the officials or members of the UIFAND who have been involved in the instruction.
The report of the UIFAND has the probative value that the judicial authorities will legitimise and can be incorporated into the judicial or administrative proceedings that may arise.

7. Except in the case of criminal prejudice, if the UIFAND, in the exercise of their functions, warns irregularities that are competition from another administrative body, should be sent to the corresponding report keeping the confidentiality of the identity of the subject required and employees who have been involved in the declarations of suspicion and in all administrative and judicial procedures with origin or relation to the declarations issued. "
Article 2 amendment to article 53 modifies the article 53 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, which is worded as follows: "Article 53.
Powers and functions of the UIFAND 1. The UIFAND is the competent body to promote and coordinate the measures of prevention and fight against the laundering of money or securities, against the financing of terrorism and against the proliferation of weapons of mass destruction.
Your budget is in charge of the budget of the State.
2. The UIFAND performs the following functions: to) manage and promote the activities of prevention and the fight against the use of the financial system entities or of another nature of the country to the laundering of money or securities, the financing of terrorism and the proliferation of weapons of mass destruction. For this purpose, the UIFAND can issue technical communiqués in order to develop this law and the regulations that develop it, which are compulsory, and the recommendations and guidelines as it deems appropriate.
b) Request any information or documents to the compulsory subjects in the exercise of their functions, as well as to verify compliance with this law and the regulations that develop it.
c) on-site inspections to verify compliance with this law and the regulations that develop it and, in particular, for the analysis of the dossiers and specific records that the UIFAND determined.
of judicial authorities and send Request) the Police Department, the Customs Service, or any of the directors, any information that is relevant to the exercise of their functions.
e) Collect, gather and analyze the statements of compulsory subjects, as well as all written or verbal communications received and make an assessment of the facts.
f) ordered the blocking of operations it deems appropriate to consider, in the light of the investigations carried out in the exercise of their functions, there is evidence of an act of money laundering or of the financing of terrorism.
g) Cooperate with other foreign agencies equivalent.
h) mild Sanction administrative offences established by this law.
I) sent to the Government instructed dossiers in which are facts that can constitute a serious administrative infringement and very severe, accompanied by a proposal for a sanction.
j) to send and receive any information of the Institut Nacional Andorrà de Finances and other entities of the public administration, in the context of a relationship of mutual cooperation, which is transcendent to the exercise of its functions.
k) Submit to the president of the cases in which they appear reasonable suspicions of the Commission of a criminal offence, to deliver a copy to the public prosecutor.
the remaining cases) file and preserve the dossiers for a minimum period of ten years.
m) to submit to the Government legislative or regulatory proposals relating to the prevention and fight against the laundering of money or securities, against the financing of terrorism and against the proliferation of weapons of mass destruction, as well as provide advice on the matter.
n) Prepare and publish annual statistics and reports in order to assess the effectiveness of the prevention and the fight against the laundering of money or securities, against the financing of terrorism and against the proliferation of weapons of mass destruction.
or self-regulatory organization or Designate) professional association of the activity in question as the body to whom the compulsory subjects do not have financial report in the first instance.
p) Exercise any other function attributed to the legal system.
Article 3 amendment to article 54 modifies the article 54 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, which is worded as follows: "Article 54.
Composition of the UIFAND 1. The UIFAND consists of: a) the members of the UIFAND, composed of:-the head of the UIFAND;
-a minimum of one person of recognized technical competence in the legal field;
-a minimum of two persons of recognized technical competence in the financial field;
-a minimum of two persons of recognized technical competence of the Police Department.
b) administrative personnel of the UIFAND.
2. The Government shall determine by regulation the modalities relating to the organisation and the operation of the UIFAND. "
Article 4 Creation of article 54 bis creates the article 54 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, which is worded as follows: "Article 54 bis.
Appointments 1. The head of the UIFAND is appointed jointly by the Ministers of Justice, of the interior and of finance for a period of 6 years renewable indefinitely.
The necessary requirements to be eligible to the position of head of the UIFAND are as follows: a) possession of a title of level 4 of the Andorran Framework of higher education qualifications in the field of law, economics or in wire, delivered or recognized by the Government.
b) thorough knowledge of the regulations in the field of accredited prevention and fight against the laundering of money or securities and the financing of terrorism.
c) proven experience in the field of prevention and fight against the laundering of money or securities and the financing of terrorism, whether in the legal field, financial or criminal investigation.
d) Not incurring any because of incompatibility of the established in this law.
2. The people of recognized technical competence in the legal field and in the financial sphere, are named by the Minister head of finance, in accordance with the selection procedures set forth in the law of the public function. The head of the UIFAND is part of the selection process.

3. In the event of temporary absence or coping with conflict of interest of any of the UIFAND, this delegate his or her functions, or the generating function of the conflict, another Member of the UIFAND. This delegation is made in written form and signed by both parties and takes effect as of the same.
If, in the exercise of their duties, any other Member of the UIFAND is located in front of a possible conflict of interest, I communicated immediately to the head of the UIFAND, which replaces it in the given task and delegate the function particularly in another Member of the UIFAND.
4. The people of recognized technical competence of the Police Department are named by the Minister of interior at the proposal of the director of police and with the non-binding report from the head of the UIFAND.
5. The administrative staff of the UIFAND is designated in accordance with the selection procedures set forth in the law of the public function. The head of the UIFAND is part of the selection process.
6. The composition of the UIFAND is published in the official bulletin of the Principality of Andorra. "
Article 5 of the article 54 ter Will create the article 54 ter in the law of international criminal cooperation and the fight against the laundering of money or securities of international crime and the financing of terrorism, which is worded as follows: "Article 54 ter.
Functions of the members of the UIFAND 1. The head of the UIFAND is the head of this body and has assigned the following functions: a) to manage and coordinate the administrative and technical UIFAND.
(b) prepare the annual budget proposal) of the UIFAND.
c) to ensure the security of the documents and of the offices of the UIFAND, as well as to the observance of procedures and compliance with the regulations on the part of the members of the UIFAND and their administrative staff.
d) acting as a representative of the UIFAND in front of the subject required, foreign bodies, equivalent and national and international bodies that require his presence.
e) Exercise any other function attributed to this law, to the rules that develop, and for the rest of the legal system.
2. The members of the UIFAND act under the direction of the head of the UIFAND and they exercise the functions that we refer as well as determined by this law and by duty. "
Article 6 of the article 54 article 54 was created c c does the law of international criminal cooperation and the fight against the laundering of money or securities of international crime and the financing of terrorism, which is worded as follows: "Article 54 quater.
Cessation 1. The head of the UIFAND continues in his post, exclusively, for one or more of the following causes: a) To end of the period for which he has been appointed.
b) By resignation, presented in writing in front of the holder or holders of administrative organs that have been appointed.
c) to death.
d) for disability declared by judicial resolution.
e) to disable access to the exercise of public office declared by judicial resolution.
f) to conviction for the Commission of a crime.
g) For serious breach of the duties of his Office.
h) coping with incompatibility to exercise his Office.
The Ministers of Justice, interior and finance will be the competent, together and so motivated, arrange the removal of the head of the UIFAND.
2. The termination of the members of the UIFAND belonging to the Police Department is the competence of the Minister of Interior. The decision of resignation has to express the reasons that justify.
3. Removal of the administrative staff of the UIFAND is the competence of the head of the UIFAND and must be carried out in accordance with the provisions of the law of the public function. The decision of resignation has to express the reasons that justify.
Article 7 creating the article 54 article 54 is created quinquies quinquies 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, which is worded as follows: "Article 54 quinquies.
Duty of secrecy members of the UIFAND and its administrative staff are subject to the secrecy in the work environment and the professional secrecy, both during the term of the relationship with the UIFAND as once this relationship. "
Article 8 of the article 54 article 54 is created sixties sixties in the law of international criminal cooperation and the fight against the laundering of money or securities of international crime and the financing of terrorism, which is worded as follows: "Article 54 sixties.
1 system of incompatibilities. The head of the UIFAND has to devote himself full time to the duties assigned to it and cannot exercise any professional activity or in the public sector or in the private sector, unless expressly permitted in the regime of incompatibilities of the regulations in the field of public function.
In particular, the charge is incompatible: in) With the exercise of any other public office attached to any of the institutions of the public administration, either by choice, by appointment, contract or civil service, with the exception of the charges that were the direct result of his status as head of the UIFAND.
b) With any function or Office Manager or Executive in political parties.
c) in general, with any activity which may endanger their independence, autonomy and impartiality in the performance of its functions.
Failure to comply with this system of incompatibilities will lead to the dismissal of the head of the UIFAND of his Office.
2. The members of the UIFAND belonging to the Police Department are subject to the regime of incompatibilities that are applicable in accordance with the law 8/2004, of 27 May, described the Police Department.
3. The other members of the UIFAND are subject to the regime of incompatibilities that may be applicable, depending on their type of employment, in accordance with the law of the public function. "
Article 9 adding a section eighth bis is added a section eighth 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, with the following wording: "section eighth bis. Permanent Commission for the prevention of money laundering and the financing of terrorism, Article 56 bis.
Nature

The Standing Committee for the prevention of money laundering and the financing of terrorism, hereinafter referred to as the Commission, is a technical advisory body and of the Government in the area of prevention of money laundering and the financing of terrorism.
Article 56 ter. Composition the Commission is composed of representatives of the ministries of Finance, justice, Interior, Presidency, economy, Foreign Affairs, and UIFAND. A lack of one of the above ministries are referred to representatives are nominated by the head of Government.
When you deal with issues that affect the Andorran financial system must attend the meetings a representative of the INAF.
Occasionally you can ask for assistance to the Commission from representatives of other agencies, departments, services or areas.
Article 56 c.
Appointment and duration 1. The representatives of the agencies that make up the Commission are appointed by the Government at the proposal of the Ministers responsible for the areas mentioned, the head of Government, the head of the UIFAND or of the INAF.
2. each organization assign two members to the Commission, a holder and one alternate.
3. The appointment is invalid until it named a new representative.
56 article quinquies.
Object and functions 1. The Commission aims to the coordination of the various ministries, the UIFAND and the INAF in fight against money laundering and the financing of terrorism.
2. In particular, the Commission, through its members, carries out the following functions: to) participate in the analysis of the situation of money laundering in the Principality of Andorra, making information available in both statistics as observable in the development of its functions.
b) to participate in the evaluation of the measures and actions undertaken in the field of money laundering and financing of terrorism.
c) Offer advice on the legislative changes.
d) attend international meetings.
e) to provide advice on the drafting of reports to international bodies.
Article 56 sixties.
Operation 1. The Commission is chaired by the head of the UIFAND, which holds meetings in a timely manner, through a letter to the representatives, the order of the day and the corresponding minutes.
2. the Commission meets at least once every three months. In addition, you can summon extraordinary meetings whenever necessary at the discretion of the Chair or at the request of one or several members of the Commission.
3. In order to formalize the request to convene an extraordinary meeting should be communicated in writing to the Presidency with the proposal of the order of the day. Once received request the Presidency convenes the meeting promptly. "
First transitional provision in the event that the person who chooses the position of head of the UIFAND has obtained the degree prior to December 31, 2015, is enough to be in possession of a level 3 of the Andorran Framework of qualifications for higher education, delivered or recognized by the Government.
First final provision the references made to 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, the UIF must be understood in the UIFAND.
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, 15 January 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.
Joan Enric Vives Sicília François Hollande Bishop of Urgell, President of the French Republic Co-prince of Andorra Co-prince of Andorra