Law 4/2014, Of 27 March, 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

Original Language Title: Llei 4/2014, del 27 de març, 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 2000

Read the untranslated law here: https://www.bopa.ad/bopa/026026/Pagines/85BEE.aspx

law 4/2014, of 27 March, 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 27 March 2014 has approved the following exhibition of illustrations and 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 December 29, 2000, to the essential standards set in the new Recommendations 6 and 7 of the Group of Financial Action Task Force (FATF), approved the February 2012 and to establish specific measures and legal provisions as well as prevention and fight against the financing of terrorism and against the proliferation of weapons of mass destruction, harmonized with the international environment, which are easily identifiable by the reviewers and organisms adapted to the particularities of the Andorran legal system.

The law consists of three articles by means of which, on the one hand, establish, in harmony with the international context, various measures for the prevention, fight and the Suppression of terrorism and its financing and for the prevention and the disorganization of the proliferation of weapons of mass destruction and their financing and, on the other hand, certain adjustments are made on the technical system of sanctions.

With this legislative reform, urgent and necessary, Andorra reinforces its commitment to the prevention and suppression of the financing of terrorism and the proliferation of weapons of mass destruction, through a process of constant adaptation of the Andorran legal system to the evolution of international standards, in accordance with the fundamental principles that inform the criminal policy of the Principality of Andorra.

Article 1 Establishment of the "Chapter six. Instruments for the fight against the financing of terrorism and weapons of mass destruction "Will create a new chapter in title II 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, relative to the fight against the financing of terrorism and the proliferation of weapons of mass destruction , which is worded as follows: "Chapter six. Instruments for the fight against the financing of terrorism and weapons of mass destruction Article 67 Definition for the purpose of this law is meant to fund: financial assets, of whatever nature, goods, material or immaterial, movable or real estate, acquired by any means, lawful or illicit use, and legal documents or instruments in any form, titles, even the digital or electronic , which certify the right of property or an interest about the same, especially but not exclusively, the belongings and bank credits, the traveller's cheques, bank cheques, payment orders, stocks, the securities, the obligations and the Bills of Exchange and credit.

First section. Measures for the prevention, fight and the Suppression of terrorism and its financing and for the prevention and the disorganization of the proliferation of weapons of mass destruction and their funding Article 68 list of people and organizations 1. In compliance with the international agreements adopted by the Principality of Andorra in the field of terrorism, financing of terrorism and in the area of proliferation of weapons of mass destruction and its funding, the Permanent Commission for the prevention and the fight against terrorism and its financing and the proliferation of weapons of mass destruction and its financing (the nature, composition, appointment and length of its members , object and functions and functioning of which, regulate, respectively, in articles 75, 76, 77, 78 and 79 of the second section of the sixth chapter of this same law) must draw up and publish on the website of the UIF, the list of names and circumstances of the individuals and organizations who consider that they have links with terrorist activities , your financing or the funding of the proliferation of weapons of mass destruction.

The Standing Committee obtained, by means of the UIF, all possible information to identify and determine the identity and circumstances of the individuals and entities that, based on reasonable grounds, meet the criteria for inclusion in the list or for which there are reasonable grounds to suspect or believe that meet these criteria.

The inclusion in the list of persons or entities linked with these activities should be done with a reasonable basis and by express decision of the Standing Committee regarding which there is reasonable evidence that they are terrorists, that fund terrorism, which finance the proliferation of weapons of mass destruction, or that belong to organizations dedicated to these purposes.

The existence of a criminal proceedings directed against the person or the entity is not a necessary requirement for the inclusion in the list, even though constituted a reasonable indication.

2. In any case, they should appear in the list of the names and circumstances of the persons and entities listed in the lists issued by the competent Committee of the United Nations.

3. If a State so requires, the Standing Committee can agree on the registration of a person or entity on the list if it considers that there are reasonable grounds, or a reasonable basis that allow suspect that the person or entity the inscription of which is requested is terrorist, who finances terrorism, which finances the proliferation of weapons of mass destruction or that belongs to organizations dedicated to these purposes.

4. The Standing Committee may include and/or exclude persons or entities on the list, on the merits of the information received and taking into account the criteria and procedures set forth in the resolutions of the United Nations when appropriate.

5. The Standing Committee may propose to the other States and the competent committees of the United Nations the inclusion in the respective lists of individuals or entities that meet the specific criteria for inclusion in the lists in accordance with the resolutions of the Security Council of the United Nations.

Article 69 restrictive measures


1. The Standing Committee has to agree and publish, without delay, the adoption of restrictive measures, following, where appropriate, the resolutions of the Security Council of the United Nations or one of its committees.

2. The restrictive measures may consist in: a) the blocking of all funds and economic resources owned or controlled directly or indirectly are found, so wholly or jointly with third parties, to persons or entities referred to in paragraph 3 below, including funds derived or origins of the previous;

b) the prohibition to put at the disposal of the persons and entities referred to in paragraph 3 below, directly or indirectly, any funds, financial resources, financial services or other related services;

c) restrictions of the commercial activity, including restrictions on the import and export and the arms embargo;

d) restrictions on the financial activity of any nature, including the advice, the assistance and the supply of services;

e) any other restrictions, including the technical assistance and the flight ban, or traffic.

f) diplomatic sanctions, the suspension of cooperation and the boycott of sports events, in the case of countries included in the lists issued by the competent Committee of the United Nations.

3. The restrictive measures apply to: a) the persons and entities included in the list;

b) entity possessed or controlled directly or indirectly by any person or entity included in the list;

c) every person or entity that acts in the name or under the instructions of the individuals or entities included in the list;

of) the countries included in the lists issued by the competent Committee of the United Nations, with regard to the diplomatic sanctions, the suspension of cooperation and the boycott of sports events.

4. The Standing Committee may adopt other restrictive measures or following specific guidelines that recommended in the resolutions of the Security Council of the United Nations or one of its committees.

5. The Standing Committee, in adopting restrictive measures, you can also agree on derogacions or limitations in accordance with the resolutions of the Security Council of the United Nations or one of its committees, or for reasons of public order or of public interest.

6. The Standing Committee should proceed to modifications and derogacions of the restrictive measures in accordance with the resolutions of the Security Council of the United Nations or one of its committees.

Article 70 of the Publication list and of the restrictive measures taken 1. The list of persons or entities concerned, as well as the restrictive measures adopted by the Standing Committee, are published on the website of the UIF for general knowledge.

2. The Standing Committee has also published the following resolutions: a) the removal of the list of persons or entities that had been included;

b) unlocking of funds or other economic resources of persons or entities that had been included in the list;

c) unlocking of funds or financial resources of persons or entities improperly affected by the decision to lock after verifying that the person or entity is not designated in the list;

d) the withdrawal of any restrictive measure adopted previously.

3. The publication on the website of the UIF is the resolution we adopt the measures mentioned in the previous points and the list received from the Security Council of the United Nations or one of its committees and/or the list of persons or entities on which the Standing Committee has adopted any measure.

4. Without prejudice to the publication on the website of the UIF, the Permanent Commission communicated to the operating entities of the financial system, insurance companies authorised to operate in the life, to the institutions and postal giro to notaries, by means of electronic mail or any other means that allows the proof of the reception the inclusion of persons or entities on the list, and clearly the instructions and the specific measures which are compulsory subjects taken. This communication is a subsidiary of the information registered on the website of the UIF who have to consult all the compulsory subjects.

Article 71 content and effects of the restrictive measures 1. Blocking means the ban, while it lasts, transfer, convert, use, assign or move the funds and economic resources that the person or entity that owns or controls, directly or indirectly, at the time of the crash.

The funds and financial resources are still being administered: in) by the financial institution or any other device designated for this purpose by the person or entity that are owned or controlled, directly or indirectly, before they would decide the crash;

b) to a new device or institution designated by the person or entity that are owned or controlled, directly or indirectly, under authorization of the Standing Committee.

Administrative measures are considered necessary to deal with the costs of taxes, fees, compulsory premiums for insurance and bank charges for the maintenance of the accounts, any expenditure necessary for the maintenance and good administration of the blocked goods, as well as any other extraordinary expense that they justify.

2. Except for the provisions in article 74, it is forbidden to put at the disposal of the persons or entities included in the list the funds or economic resources, or the benefits they produce.

3. The restrictive measures must be carried out immediately on the basis of what is published on the website of the UIF.

4. The restrictive measures are subsidiaries and cannot harm the effects of any other blocking or comís agreed on the framework of a procedure that affects the same funds and financial resources.

5. Without prejudice to the rights corresponding to third parties of good faith, the actions that contravene the restrictive measures are duly published on the website of the UIF are considered null and void.

6. In the area of prevention and disorganization of the financing of the proliferation of weapons of mass destruction, will allow the payment of interest or other income due to blocked accounts on these accounts or payments due by reason of contracts, agreements or obligations established prior to the blockage without prejudice to these are blocked. Otherwise, the lock measures do not prevent the person or the entity are mentioned can carry out any payment derived from an obligation or a contract concluded prior to the inclusion in the list provided that:


in there that the obligation) and the contract does not have to do with any article, material, equipment, well, technology, assistance, training, financial assistance, investment, brokerage services, and other services in the relevant Security Council resolution prohibited.

b) there is the certainty that the payment will not be received directly or indirectly by a person or entity included in the list.

Article 72 of information Obligations 1. The services of the Administration to manage public records with data or information relating to persons or entities included in the list must inform immediately the UIF, which realizes in the Standing Committee.

2. The subjects required to have relationship or knowledge of the funds or economic resources affected by a restrictive measure, must inform reliably the UIF to the measures adopted in compliance with this law, as well as any operation that the person or the entity designated set out to perform.

The communication must be made no later of five days following the publication of the resolution of the Standing Committee adopting the measures or from the date on which the funds or economic resources, have come to the possession of communicating, if that date is later.

3. The communication that they make the services of the Administration and the compulsory subjects must contain information on the parties involved, the mounting and the nature of the funds or economic resources, transactions, business relations, and any other information relating to the persons and entities included in the list.

4. The Standing Committee, when you have received information about the effectiveness of blocking or any other restrictive measure, it should: to) endorse the blocking or any other restrictive measures by means of express media holder of funds or financial resources. The lack of communication to the holder of the funds within a period of 15 days from the receipt of the information sent by the latter, the ratification of the measure.

Once the Standing Committee has adopted the relevant agreement, this communication is done to get to the holder of the funds or economic resources by means of the UIF.

b) to communicate to people affected directly, if you know your address, or by the publication of an edict in the official bulletin of the Principality of Andorra:-the existence of blocking or restrictive measure-the reasons that have motivated – your content-the actions and the resources at its disposal to get the total or partial lifting of the blockade or the restrictive measure and the withdrawal of the inclusion in the list.

Once the Standing Committee has adopted the relevant agreement, this communication is done to get to the person affected.

5. The depository of funds or financial resources blocked should inform as soon as possible the UIF any incident to occur in respect of the same funds or resources and, in general, their situation and their status with a monthly frequency.

6. In any case, the Permanent Commission, the UIF and the compulsory subjects are not responsible for damages caused by the application of the restrictive measures and the other provisions set out in this chapter.

Article 73 of the Exclusion List 1. The Standing Committee must evaluate and resolve so motivated about the requests for exclusion from the list made by the parties concerned within a period of fifteen days.

2. In the event that it is approved by the exclusion of the list of a person or entity, the Permanent Commission proceeds to perform the actions appropriate to communicate the exclusion to the services of the Administration and to the compulsory subjects and to release the funds and economic resources that are affected by the measures by means of the UIF.

When the entry in the list is derived from the fulfillment of a resolution of the Security Council of the United Nations or one of its committees, the Standing Committee is declared incompetent to know of the affair and informs the interested party of the resources at its disposal to get the exclusion from the list in front of the Committee concerned, in particular: a) the possibility to do it directly in accordance with the established procedures of which informs the interested party , or b) to the possibility of doing it by means of the Permanent Commission that is addressed to the Security Council of the United Nations or one of its committees, and communicates the request for exclusion from the list.

3. The resolutions of the Standing Committee are administrative in nature. After the deadline of 15 days referred to in paragraph 1 of this article, the request for exclusion must be understand rejected and gives the right to the interested party to formulate appeal in front of the Government.

Article 74-removal and amendment of restrictive measures 1. The Standing Committee must evaluate and resolve so motivated in the period of fifteen days: a) on the requests made by the parties concerned of lifting or modification of the measures adopted;

b) on requests of third parties of good faith that may be affected by the measures adopted, either because it is an identity or similarity of the names of the persons or entities concerned or for any other reason to justify the lifting or modification of the measures.

2. In the event that it is approved by the full or partial lifting or modification of the measures adopted, the Standing Committee proceeded to perform the appropriate actions to release the funds and economic resources, and made submissions to the services of the Administration and the subjects required by means of the UIF.

3. The Standing Committee may authorise, at the request of a party, that the funds and economic resources blocked may be used, in whole or in part, by the persons or entities listed or by close relatives, to meet basic needs of survival, including the cost of food, medication, housing, health care and legal assistance. The same Permanent Commission may authorize that the funds and economic resources blocked may be used to pay the cost of taxes, fees, compulsory premiums for insurance and bank charges for the maintenance of the accounts, any expenditure necessary for the maintenance and good administration of the blocked goods, as well as any other extraordinary expense that they justify.


4. When the measures adopted are derived from compliance with a resolution of the Security Council of the United Nations or one of its committees, the Standing Committee cannot lift or modify the actions taken without having proceeded to communications and the corresponding procedures that prior become necessary in accordance with the applicable resolutions.

5. The resolutions of the Standing Committee have administrative nature and can be traversed in height in front of the Government. After the deadline of 15 days referred to in paragraph 1 of this article, the request has to understand rejected and gives the right to the interested party to formulate resource.

Second section. Permanent Commission for the prevention and the fight against terrorism, its financing and the proliferation of weapons of mass destruction and their funding Article 75 Nature the Permanent Commission for the prevention and the fight against terrorism and its financing and the proliferation of weapons of mass destruction and their financing is an organ of the Government of Andorra exercises the functions in this section.

Article 76 Composition the Standing Committee consists of six members: two representatives of the UIF and four of the ministries in charge of finance, justice, interior and Foreign Affairs, at the rate of a member for the Department.

Whenever you consider it necessary, they can ask for assistance to the Permanent Commission of additional representatives both of the departments members of the Commission and other departments.

Article 77 the appointment and length of the members of the Standing Committee 1. The representatives of the agencies that make up the Permanent Commission are appointed, respectively, by the head of the UIF and the relevant Ministers.

Among the representatives of the UIF figure, in any case, the head of this organization.

2. each agency assigns two members for each of the departments mentioned in the previous article in the Standing Committee, a holder and a Deputy, with the exception of the UIF, which assigns two headlines and a Deputy.

3. The appointment is invalid until it named a new Member.

78 article object and functions 1. The Standing Committee has the objective of coordination of the various ministries in the area of prevention, and suppression of terrorism and its financing and on the prevention and disruption of the proliferation of weapons of mass destruction and their financing.

2. In addition to the functions specified in the previous articles, the Permanent Commission carries out the following functions: to) Collect or request of any Government or individual forced, either directly or by means of the UIF or police service, all relevant information to identify on the basis of reasonable evidence people who meet the criteria for inclusion in the lists of relevant Security Council resolutions of the United Nations and to identify the persons and entities on which there is a reasonable basis to suspect or believe that they are terrorists, that fund terrorism or who belong to organizations dedicated to these purposes.

b) draw up and amend the list of persons associated with the activities described and adopt the corresponding restrictive measures in accordance with the provisions of this law.

Article 79 Operation 1. The Standing Committee is chaired by the head of the UIF, which convenes the meetings promptly, fixes the agenda and extends the corresponding minutes.

2. The Permanent 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 Standing Committee, in particular, when there is a demand for a State of a person or entity in the lists.

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 the petition, the President convenes the meeting promptly.

4. decisions are taken by simple majority of the members of the Standing Committee. In case of a tie, the president decides to vote. "

Article 2 Amendment 58 article modifies the article 58 of the law on international penal cooperation and the fight against the laundering of money or securities of international crime and the financing of terrorism, of December 29, 2000, which is worded as follows: "Article 58 the infractions are classified as minor, serious and very serious , as follows: 1. very serious offences Are: a) the default of the obligation to declare by the compulsory subjects.

b) The infringement of the prohibition set out in article 48.

c) negative, the excuse and the resistance to provide information to the UIF provided in paragraph b of article 49, except in the cases provided for in the last paragraph of article 45.

d) the breach of obligations can be recovered information and adoption of restrictive measures in what will referred to articles 69 and 72 of this law.

e) The reiteration of a serious violation in the same year.

2. serious offences Are: a) Not sure of the identity of the customers on the terms provided for in article 49 or may not have required the documents required in article 51.

b) insufficient verification of the true successor of the operation must be run in accordance with article 49 bis.

c) the lack of conservation of documents during the time set by article 51.

of appropriate and sufficient internal procedures have Not) of control and internal communication, in order to prevent and deter money laundering operations or the financing of terrorism, and not to carry out the specific audit provided for in article 52.

e) breach by neglect of the obligations of information and of adoption of restrictive measures in what will referred to articles 69 and 72 of this law.

f) The reiteration of a mild violation in the same year.

3. minor offences Are: a) the non-communication to the UIF people enabled provided in article 52.

b) any infringement of the rules of this law does not set out in the previous paragraphs. "

Article 3 amendment to article 59 modifies the article 59 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, which is worded as follows: "Article 59

The minor offences are sanctioned with a written reprimand and fine of six hundred to six thousand euros; the serious offences, with the prohibition to carry out certain types of financial or commercial operations and/or with the temporary suspension of the leaders of the institution or the professional in question, from one to six months, and/or fine of six thousand to sixty thousand euros, and the very serious offences, with the prohibition to carry out certain types of financial or commercial operations, and/or with the temporary suspension of the leaders of the institution or the professional in question , up to three years or with definite suspension of the leaders of the institution or the professional in question and/or fine of sixty thousand six hundred thousand euros.

For graduated sanctions within the limits, it is necessary to stick to the severity of the case, the lack of surveillance, the gaps or inadequacies of the forecasting mechanisms and the intentionality or degree of negligence in which incurred. "

First final provision has entrusted the Government because, within a maximum period of six months from the date of entry into force of this law, approve and/or modify the regulatory provisions appropriate to run it and develop it.

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, 27 March 2014 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, President of the French Republic of Andorra Co-prince Joan Enric Vives Sicília Bishop of Urgell Co-prince of Andorra