Law 20/2013, Of 10 October, Amending 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 20/2013, del 10 d’octubre, 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/025051/Pagines/8212E.aspx

Law 20/2013, of 10 October, amending 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 October 10th, 2013 has approved the following : law 20/2013, of 10 October, amending 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 preamble The November 24, 2011, the General Council approved the ratification of the monetary Agreement between the Principality of Andorra and the European Union , which is accompanied by an annex which relates the legal acts and the regulations of the European Union that the Andorran State is committed to implement in its legal system, in the terms established in article 8 of the said Agreement.

As well, the legal acts of the European Union in the area of prevention of money laundering which, in attention to provisions of the monetary Agreement, the Andorran State implemented entirely in its legal system by this law and by modifying the article 409 of the Penal Code, are as follows: (i) Directive 2005/60/EC of the European Parliament and of the Council October 26, 2005, relating to the prevention of the use of the financial system for money laundering and the financing of terrorism – also known as the third Directive –; (ii) Directive 2006/70/CE of the Commission, from 1 August 2006, by laying down the measures for the application of the Directive 2005/60/EC of the Parliament and of the Council, as regards the definition of politically exposed person and the technical conditions for the application of simplified obligations of control of the clientele, as well as the exemption by reason of a financial activity carried out in occasional title or to a very limited scale; (iii) Regulation 1781/2006/EC of the European Parliament and of the Council of 15 November 2006, related to the information on the ordering party that accompany transfers of funds; (iv) Regulation 2005/1889/CE of the European Parliament and of the Council of 26 October 2005, relative to the controls of cash entering or leaving the community; and (v) decision of the Council, of 17 October 2000, regarding the modalities of cooperation between financial intelligence units of the Member States with regard to the exchange of information.

The legislative changes in the field of the prevention of the laundering of money or securities and the financing of terrorism that has carried the Andorran State in recent years, mainly through law 28/2008, of 11 December, and through the Act 4/2011 from the 25th of may, international standards already have been led by the recommendations of the Financial Action Task Force (FATF) at the same time, collected in Community law considered.

This circumstance determines that the full transposition of the provisions that require the monetary Agreement be carried out, in general, by means of adjustments, the capture and the existing regulations.

Article 1 Amendment of article 41 1. Modifies the letter (b) of article 41 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 written as follows: "b) UIF: the Andorran financial intelligence unit, configured as a body with functional autonomy, administrative authority that acts independently with respect to the rest of the general administration of the State , with full submission to this law and the legal system. "

2. Modifies the letter (c) of article 41 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 written as follows: "c) subjects forced financiers: natural or legal persons subject to the obligations defined by this law who belong to any of the following categories :-Operational Entities of the financial system.

-Insurance companies that are authorised to operate in the field of life.

-Insurance brokers, individuals or legal entities that, in Exchange for remuneration, to perform an activity of insurance mediation in the field of life.

-Postal giro Institutions. "

3. it modifies the letter (f) of article 41 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 written as follows: "f) Suppliers of services to companies and trusts: any natural or legal person who pay professional purposes the following services to third parties :-set up companies or other legal persons.

-Management functions or Secretary of a company, a partner of a partnership or similar functions in relation to other legal persons or have another person exercising such functions.

-Provide a social or commercial address, postal or administrative.

-Exercise fiduciary functions in other legal entities, legal instruments of trust and other fiduciary structures. "

4. Add the letters (i), (j) and (k) in article 41 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 are worded as follows: "i) business relationship: business, professional or commercial relationship related to the professional activity of the subjects required and that at the moment in which the contact is established, is intended to have a certain duration.

j) third country equivalent: State/territory you can impose requirements equivalent to those of this law, included in the lists approved for this purpose by agreement of the Member States of the European Union.

Additionally, in the event that the UIF considers that another State or territory fulfils the requirements of the above equivalence, it communicates to the representation of the Principality of Andorra in the Mixed Committee that regulates the article 11 of the monetary Agreement with the European Union, because they report to the representation of the European Commission.


k) entities or subjects required of a same group: entities or individuals obligated to belong to a group according to the definition established in article 34.2 of the revised text of the law 30/2007, of December 20, the accounting for entrepreneurs. "

Article 2 Amendment 44 article modifies the article 44 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: "the subjects required should ensure financial because their branches, subsidiaries with shareholding or branches located abroad , they have to apply to commercial transactions or financial measures, equivalent to the provisions of this law for the prevention of money laundering and financing of terrorism.

If there is no substantial difference in the area of money laundering and financing of terrorism among the Andorran and foreign regulations, the entities mentioned in the previous section must apply the most demanding regulations as long as local rules permit.

In the event that the entities in the previous section cannot meet the Andorran rules in the area of money laundering and financing of terrorism due to incompatibilities with the local rules, they have to communicate motivadament to the UIF and have to take additional measures to address effectively the risk of money laundering or of the financing of terrorism.

The UIF communicates to the representation of the Principality of Andorra in the Mixed Committee that regulates the article 11 of the monetary Agreement with the European Union are cases in which the right of the third country does not permit the application of equivalent measures and in which it can act in the framework of a procedure agreed to find a solution. "

Article 3 Amendment 45 article modifies the article 45 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: "are subject to the obligations defined by this law subjects required financial as well as the following natural or legal persons that , in the exercise of their profession or business activity, carry out, monitor or advise operations of movements of money or securities that could be susceptible to be used for money laundering or the financing of terrorism: a) external accountants and auditors, tax advisors professional;

b) notaries, lawyers and other independent legal professions members when planning assistance to participate in or execution of transactions for their clients within the framework of the following activities:-purchase and sale of real estate property or commercial companies;

-management of money, securities or other assets of the customers;

-opening or management of bank accounts, savings or titles;

-organisation of contributions necessary for the creation, operation or management of companies;

-establishment, operation or management of companies, of those held INTRUST or similar structures; or when acting on behalf of its clients in any financial or real estate transaction;

c) traders of articles of great value, such as stones and precious metals, when the payment is made in cash and by an amount equal to or greater than 15,000 euros, or the equivalent in any other currency, is already running in a transaction, as in several transactions between which there is evidence of linking;

d) economists, managers and providers of services to companies, other legal entities, legal instruments of trust and other fiduciary structures not included in another section of this article.

e) casinos and other gambling establishments;

f) real estate agents who carry out activities related to the sale of property;

g) associations and other non-profit entities in the terms established in the first additional provision of this law.

Notwithstanding the above, the compulsory subjects called to sections a) and b) of this article are not subject to the obligations for declaration set out in article 46 of this law in connection with information received from one of your customers or obtained about one of his clients when determined the legal status of your client or when developing its mission of defending or representing that client in legal proceedings or in connection with these procedures with inclusion of advice relating to the opening or to the way to avoid a procedure, regardless of whether they have received or obtained this information before, during or after these procedures. "

Article 4 modification of the article 47 1. Modifies the 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, 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. In this case, if the UIF estimates that there are sufficient evidence, orders temporarily blocking the operation.

This blockage may not exceed five days, within which the UIF should raise it if these signs have been distorted, and must authorize the execution of the operation or, otherwise, it should send the proceedings to the public prosecutor.

2. 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 perform immediately after a statement to the UIF. The Declaration has set out, in addition to the information referred to in article 46, the reasons that justify the execution of the operation.

3. In any case, the UIF has no responsibility for damages caused by the blockade of capital carried out within the scope of their functions.

4. 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 committed.


5. The UIF 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 in all administrative and judicial procedures with origin or relation to the statements issued.

For this purpose, the UIF discusses the Declaration of suspicion and, in the case of appreciate evidence or the existence of money laundering or financing of terrorism, the report refers to the public prosecutor or to the corresponding judicial or administrative bodies. The report of the UIF does not incorporate the declarations of suspicion of compulsory subjects or their identification or the officials or members of the UIF who have taken part in the instruction.

The report of the UIF has the probative value that the judicial authorities will legitimise and can be incorporated into the judicial or administrative proceedings that may arise when they are claimed by a judicial authority. "

Article 5 Amendment 48 article modifies the article 48 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. In no case can inform you of the existence of the Declaration the person or persons concerned nor third parties or give them information about the procedure in progress. We can inform you of the existence or the content of any type of communication from the UIF, unless there is express written consent of this unit.

2. Administrators, managers and employees of the compulsory subjects are obliged to keep confidentiality with respect to information that affects their customers within the framework of its activity. To this end, shall take all measures of prudence and caution are appropriate with a view to the safeguarding of the confidentiality of the customers. The violation of the secrecy in the work environment and of professional secrecy, except for legal cause of justification, it constitutes a crime in the terms envisaged in the criminal code.

3. The compulsory subjects can only provide financial information on the relationships with its customers in the context of a judicial procedure and with prior written instruction of a mayor, and in the cases specifically established by the Andorran legislation.

Statements of operations that are suspected of money laundering or financing of terrorism carried out to the UIF for compulsory subjects are not in any way incompatible with the obligation to preserve the secrecy that protects the confidentiality of their clientele. Accordingly, the communication of information to this unit does not accept the compulsory subjects and his staff of any and all responsibility of all kinds, both of a general nature such as contractual in nature, even in the case in which the denunciation of a illegal activity done by suspicion is confirmed not really.

4. Except in those cases provided for in other provisions of the present law, the duty of confidentiality mentioned in paragraph 2 of this article is not opposable to the UIF. In the case of opposition or incident in the development of their research and prerogatives, the UIF submits the case to the Mayor of the guard, which resolves after prior hearing of the public prosecutor's Office and the interested parties within a period of 48 hours to sentence immediately executori.

5. When the subjects required in the sections called a) and b) of the article 45 try to dissuade a client from an illegal activity, not constitute disclosure for the purposes of this article. "

Article 6 Amendment of article 49 1. Modify the letters (c) and (d) of 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, which are worded as follows: "c) Are compulsory subjects should know the identity of their customers and of the true successors through the presentation of an official document at the time of establishing any business relationship.
-If the client is an individual, the subject has been forced to make sure of the identity of the client, their home and their professional activity. To this end, we must require the display of an official identity document with a photograph and you have to keep a copy.

-If the customer is a legal person, the subject required should be required: * reliable Document certifying their company name, legal form, address and corporate purpose and shall retain a copy.

* Justification, in the same way as the section c) first indent of this article, the identity of the natural person who, in accordance with the documentation presented, has powers of representation of the entity and of the powers and the powers conferred.

d) obtaining information on the purpose and intended nature of the business relationship with the customer. "

2. Modifies paragraph 3 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, which is worded as follows: "3. The compulsory subjects taken constant measures of vigilance regarding the new technologies in order to prevent its misuse for money laundering or the financing of terrorism and any action that causes a false identification of the client in all transactions carried out at a distance. "

3. Modifies the section 4 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, which is worded as follows: "4. the accounts is forbidden or anonymous savings books or with fictitious names."

Article 7 Amendment of article 49 bis modifies the article 49 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: "1. The compulsory subjects must verify the identity of the customer and with diligence of true successors before you establish any business relationship or transaction.


2. Notwithstanding the provisions of the preceding paragraph, the verification of the identity of the customer and of the true successor can be carried out subsequent to the first business relationship, when it is necessary not to put obstacles to the development of the operation provided that the risk of money laundering or of the financing of terrorism is weak. The identification process should be concluded as soon as possible. In the event that will develop an operation without prior verification of the identity of the customer and of the true successor, and prior to their implementation, it is necessary to write a report detailing the circumstances that prevent the identification of the data which are known to the client and the successor in title, and also the operation, detailing the necessary aspects for a follow-up of the money transaction object or for a correct traceability of legal business carried out.

3. In the field of life insurance, the identity check can be carried out subsequent to the recruitment of the policy provided that this check is done before the time when the beneficiary based or intends to exercise the rights that the policy gives.

4. You can proceed with the opening of bank accounts before the identification and verification of customer and the true successor as long as there are guarantees that no fee will be operations until they have fulfilled the obligations of identification and verification.

5. In the event that the identification of the client and of the true successors will not be able to carry out in accordance with article 49, the subject required to establish a business relationship may not be financial or carry out operations or transactions and must assess the transmission of a communication to the UIF.

In the case of relationships already initiated, it should put an end to the relationship between business and assess the transmission of a communication to the UIF.

6. the compulsory subjects have to apply also the procedures of due diligence in respect of existing customers, at the right time based on the analysis of the risk. "

Article 8 Amendment of article 49 ter modifies the article 49 ter 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. Notwithstanding the provisions of the previous articles, the subjects required can reduce the fulfilment of the obligations set out in the letters (c) , (d) and (e) of paragraph 1 of article 49 and paragraph 1 of article 49 bis of this law, provided that the customer is a subject bound to financial credit institution or financial law or established in a Member State of the European Union or another third country equivalent.

The UIF should keep on its website an updated list of the States and territories that have the status of a third country equivalent for the purposes of this law.

2. the financial subjects forced can also reduce the fulfilment of the obligations set out in the letters (c), (d) and (e) of paragraph 1 of article 49 and paragraph 1 of article 49 bis in relation to the products and the following transactions: a) life insurance policies with an annual premium that does not exceed 1,000 euros or with a single premium that does not exceed 2,500 euros.

b) insurance policies for pension plans, as long as they do not include rescue clause nor can serve as collateral for a loan.

c) The pension plans, retirement or similar that include the payment of retirement benefits to employees, as long as the contributions are made through tax deductions on salary and the rules of the plan does not allow the transfer of its participation.

of electronic money) when the maximum amount of storage does not exceed 250 euros if this is not rechargeable, or the total amount available in a calendar year is limited to 2,500 euros, except when the carrier may request the refund of an amount equal to or greater than 1,000 euros in one year.

e) other products or transactions that represent a low risk of money laundering or of the financing of terrorism in accordance with the statements of the UIF.

In any case, it is necessary to accompany the transcript of each operation with a brief note to identify and justify the technical release of the UIF applied to each case.

3. The financial subjects forced can also reduce the fulfilment of the obligations set out in the letters (c), (d) and (e) of paragraph 1 of article 49 and paragraph 1 of article 49 bis, in conjunction with the following clients: a) listed companies in regulated markets of the European Union and third countries with reporting requirements compatible with the Community law that regulates the supervision and transparency of securities markets and financial instruments;

b) institutions, organizations and other entities that Act on their own behalf and that integrate the Andorran public administration of a Member State or the institutions of the European Union or another third country equivalent.

4. In all cases provided for in this article are compulsory subjects must obtain sufficient information to confirm that the client meets the conditions for the application of simplified due diligence measures, a circumstance that implies, at least, identify and verify the identity of the client and make the monitoring of the business relationship in order to ensure that it maintains the continuous fulfilment of the requirements for the application of this article.

5. Cannot apply simplified due diligence measures: a) when there is suspicion of an act of money laundering or financing of terrorism.

b) When the subjects required to have doubts about the veracity of the documents, information and any other data previously obtained for the purposes of the verification of compliance with the conditions required by paragraph 3 of this article.

c) when there are situations that may present a high risk of money laundering or financing of terrorism.

d) in relation to the persons or entities designated by the European Commission and that the UIF published on their website. "

Article 9 amendment of paragraph 1 of article 49 c modifies the paragraph 1 of article 49 c 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 compulsory subjects, in addition to the measures laid down in article 49 and 49 bis, must be applied, on the basis of a risk analysis, enhanced due diligence measures in situations which by their nature can present a high risk of money laundering or of the financing of terrorism and at least in the following situations: a) When the client or the recipient cash has not been physically present for identification will have to adopt specific measures and to compensate the increased risk through one or more of the following measures:-Ensure the determination of the identity of the customer and of the effective beneficiary through additional documents, data or information.

-Adopt supplementary measures to verify or certify the documents supplied, or ask for a certificate of confirmation issued by a subject bound financial subject to this law or a credit or financial institution established in a Member State of the European Union or in a third country equivalent.

-Ensuring that the first payment of the operation will be run through an account opened in the customer's name with a subject bound to financial credit institution or financial law or established in a Member State of the European Union or another third country equivalent.

b) On the relations of Bank correspondent with foreign entities, corresponds to the credit institutions correspondents of Andorra:-Gather sufficient information about the entity as a foreign correspondent to understand the nature of their activity and determine, on the basis of information in the public domain, its reputation and the quality of their supervision.

-Evaluate the controls against money laundering and the financing of terrorism held by the entity client are appropriate and effective.

-To obtain the authorization of the management before establishing new correspondent relationships Bank.

-Document the respective responsibilities of each entity.

-Respect of payment transfer accounts in other places (payable-through accounts), must have guarantees that the foreign correspondent has checked the identity and applied in all time measurements of due diligence on the customers having direct access to accounts of the correspondent and that, at the request of the Andorran, can provide the necessary data for the purposes of identification and verification of customer and the true successor.

c) in relation to the transactions or business relationships with politically exposed persons who exercise important public functions to another State, corresponding to the compulsory subjects:-have suitable procedures in terms of risk in order to determine whether the client or the effective beneficiary is a person politically exposed.

-To obtain the authorization of senior management to establish a business relationship with your fingers customers.

-Adopt appropriate measures to determine the origin of the assets and the funds subject to the business relationship or transaction.

-Perform a reinforced monitoring and permanent business relationship.

These obligations are equally applicable when, subsequent to the identification and initial verification of a client or beneficiary cash, this client or beneficiary to be a politically exposed person. "

Article 10 Establishment of article 49 article 49 sixties sixties is created 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 49 sixties.

Transfers of funds 1. For the purposes of this article it is understood by: a) Ordering: natural or legal person, the holder of an account, you authorize a transfer of funds from the account or, if you do not have an account, natural or legal person that orders a transfer of funds;

b) Beneficiary: natural or legal person who is the intended final recipient of transferred funds;

c) payment service provider: natural or legal person whose business includes the provision of fund transfer services;

d) transfer of funds: any transaction carried out on behalf of a payer through a subject required financial or another payment service provider by electronic means authorized in order to put the funds at the disposal of a recipient through a subject required financial or another authorized payment service provider, irrespective of whether the payer and the payee are the same person;

e) transaction identification number: combination of letters, numbers or symbols, determined by the payment service provider, in accordance with the protocols of the payment and settlement system or the system used for the transfer of funds.

2. cross-border funds transfers made by the subjects forced financiers must include complete information on the payer. The complete information on the payer should include the following information: a) name of the ordering party.

b) source account number of the transfer.

In the absence of account number, the subject required financial must be accompanied with a transfer transaction identification number that allows your monitor to the ordering party.

c) address of the ordering party. The address may be replaced by the place and date of birth of the payer, his customer number or national identity number.

In the national transfer of any amount, the information can be limited to the source of the transfer account number or identifying number of the transaction, provided that the subject must transfer the running financial can provide complete information on the payer to the receiver of the transfer or the UIF, over a period of three working days.

The compulsory subjects properly should inform financial on the transmission of data relating to ordering transfers, prior to their execution.

3. The compulsory subjects will verify the financial comprehensive information about the payer before transferring the funds, in the terms established in article 49 bis.

In the case of transfers of funds from an account, the check will be carried out when the identity of the payer has been verified on the occasion of the opening of the account.


In the case of transfers of funds not made from an account, the financial subjects forced only are required to verify information on the payer when the amount is greater than 1,000 euros, unless the transaction is carried out in several operations that appear to be linked and together exceed this amount.

4. When the compulsory subjects are financial recipients of transfers that do not include the information on the payer required by this article shall obtain the required information and, if you do not get it, reject the transfer.

When, on a periodic basis, a payment service provider does not provide the information on the payer which regulates the terms of paragraph 2 of this article, the subject must take recipient financial measures that can range from issuing a warning, initially, or set a deadline before you reject all future transfer of funds, to decide whether to restrict or cancel the commercial relationship.

The subject required the UIF should inform financial of this fact.

5. The subjects required should be considered financial lack of information on the payer, or the fact that this information is incomplete, as a factor in assessing whether the transfer of funds or any operation related to this transfer is suspicious and if you have to communicate it to the UIF.

6. The provisions of this article are not applicable to: a) the transfers of funds carried out using a credit card or debit card on condition that:-the beneficiary has entered into an agreement with a subject bound to allow financial payment of goods and services, and a transaction identification number accompany transfers of funds and enable monitoring of the operation up to the ordering party.

b) transfers of funds made by electronic money except when the amount transferred is higher than 1,000 euros.

c) transfers of funds carried out by means of your mobile phone or any other digital device or information technology, when obtained by in advance and do not exceed EUR 150.

d) transfers of funds carried out by means of your mobile phone or any other digital device or information technology, when are postpaid and meet all of the following conditions:-the beneficiary has entered into an agreement with a subject bound to allow financial payment of goods and services, and a transaction identification number accompany all transfers of funds and allows the monitoring of the operation up to the sorting. "

Article 11 Amendment of article 50 modifies article 50 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: "for the purposes of compliance with the obligations set out in the letters (c) and (d) of paragraph 1 of article 49 of this law , the subject required non-financial or financial can delegate their effective application in subject third parties required under this Act or to the legislation of a Member State of the European Union or another third country equivalent. However, the subject must delegate continues to be responsible for the fulfilment of these obligations.

This regime will not be applicable to outsourcing or agency relationships when, by virtue of a contractual agreement, the outsourcing service provider or agent is to be regarded as part of the subject required.

The compulsory subjects, without prejudice to keep the full responsibility of the customer, will be able to accept the measures of due diligence practiced by its branch offices and subsidiaries with shareholding enterprises in Andorra, in a Member State of the European Union or another third country, with the limitations and conditions that may arise from article 44 of this law. "

Article 12 Amendment of paragraph (a) of article 51 modifies paragraph (a) of article 51 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: "to) The end date of your business relations with the regular customers."

Article 13 Amendment of paragraphs 1 and 2 of article 52 Will modify the sections 1 and 2 of article 52 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 are written as follows: "1. The compulsory subjects are financial : a) to hire an independent external audit in order to verify compliance with the provisions of this law and to send a copy of the report issued for this purpose to the UIF.

b) Designate the internal control and communication organ in charge of the Organization and the monitoring of compliance with the standards for the fight against money laundering and the financing of terrorism and report it to the UIF.

c) Establish the internal audit and control procedures.

The UIF must be set by means of technical releases the criteria to be followed in regard to audits.

2. The subjects required non-financial, which are legal entities must: a) to designate the internal control and communication organ in charge of the Organization and the monitoring of compliance with the standards for the fight against money laundering and the financing of terrorism and must report to the UIF.

b) Establish internal control procedures.

The required non-financial, which are individuals holders of the activities that determine their status as compulsory subjects, have the status of internal control and communication organ. "

Article 14 Amendment of article 55 modifies the article 55 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 UIF cooperates with other foreign agencies equivalent.

2. Any request for information made by the UIF to other foreign organisms equivalent, and vice versa, it must be accompanied by a succinct exposition of the pertinent facts of which they have knowledge. The request must indicate how the requested information will be used. "

Article 15 Amendment of article 56


Modifies the article 56 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 sending of information concerning operations or projects of operations related to money laundering, the financing of terrorism and international crime , including extracts from the register of foreign bodies, to other equivalent is carried out to the UIF in demand of these organisms, with the prior authorization of the head of the UIF, and is subject to the fact that the receiving party can prove information prior to submission that meets the following conditions: a) reciprocity in the exchange of information;

b) the commitment, on the part of the recipient State, not using the information for any other purpose other than the one that pursues this law;

c) foreign services information receivers are subjected under criminal sanction, the maintenance of professional secrecy.

Subject to the same conditions, the UIF can send to other foreign organisms equivalent, without prior request, relevant information concerning operations or projects of operations related to money laundering, the financing of terrorism and international crime.

2. The UIF may refuse to provide information that can damage an ongoing criminal investigation in the Principality of Andorra, or, in exceptional cases, when providing the information is clearly disproportionate in relation to the legitimate interests of a natural or legal person or the Principality of Andorra or contrary in some other meaning to the fundamental principles of the Andorran legal system. The rejection of the request must explain adequately the equivalent foreign organism applicant. "

Article 16 creation of "chapter five. Declaration of cross-border transport of cash "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, related to the fight against money laundering and the financing of terrorism, which is worded as follows : "chapter five. Declaration of cross-border transport of cash Article 61 cash Definition for the purposes of the obligation of statement that regulates this chapter, are considered cash:-the negotiable monetary instruments, including bearer effects such as travellers cheques, negotiable instruments (including cheques, promissory notes and payment orders), whether they are widespread in the carrier, endossats without restriction , extended to the order of a fictitious payee, or in another form under which ownership will transmit to delivery and incomplete instruments (including cheques, promissory notes and payment orders) signed, but with the default name of the beneficiary;

-the money in cash (bank notes and coins that are in circulation as an instrument of change).

Are not considered non-negotiable cheques cash.

Article 62 obligation to declare 1. All individuals who enter or exit of the Principality of Andorra and is a carrier of a sum of money in cash equal to or higher than 10,000 euros or its equivalent in foreign currency you must declare to the customs in the terms established in this chapter. The obligation to declare shall not be fulfilled when the information provided is incorrect or incomplete.

2. The declaration provided for in paragraph 1 must contain the following information: a) in declaring: name and surname, place and date of birth and nationality;

b) to the owner of the cash;

c) to the recipient of the cash;

of) the amount and nature of the cash;

e) to the provenance and intended use of the cash;

f) in the route of transportation;

g) in the means of transport.

3. The information has been provided in writing or electronically in the terms established by the regulations. In the case of written declaration must serve a copy on diligenciada reporting.

Article 63 powers of control and inspection 1. In order to check the compliance with the obligation to declare provisions of the previous article, officials of the Customs Body are empowered to control and inspect natural persons, their baggage and their means of transport.

2. The omission of the statement when it is mandatory or the lack of accuracy of the information contained will determine that Customs officials made use of 25% of the excess over 10,000 euros, with a minimum of 600 euros, which will constitute the guarantee that sanctions eventually are sanctioning procedure.

3. In the event of cash intervention provided for in paragraph 2 of this article, the Customs shall deliver an act of intervention that expressly the circumstances that have motivated.

The Act of intervention will have probative value, in spite of the evidence that those interested can contribute in the defence of their interests.

Article 64 the recording and processing of data 1. The customs must register and process the information obtained as a result of the obligation of Declaration and of the exercise of the powers of inspection that regulate the previous articles and must be sent to the UIF and the police.

2. When, regardless of the obligation to declare, there is suspicion of relationship of cash with the laundering of money or securities or the financing of terrorism, customs officials must notify the UIF and the police.

Article 65 exchange of information 1. The UIF can send to other foreign organisms equivalent information received in accordance with the previous articles, in the terms and conditions laid down in article 56 of this law.

2. When there is evidence that a sum of money in cash is about the product of fraud or any other illegal activity adversely affecting the financial interests of the European Union, this information must be transmitted also to the European Commission.

Article 66 penalties 1. The breach of the obligation to declare laid down in article 62 is considered a serious infringement and should be punish with minimum fine of 600 euros up to 25% of the amount in excess of 10,000 euros.


2. The competition to punish the breach of the obligation to declare laid down in article 62 corresponds to the Customs Body. Sanctioning procedure to punish this infringement is substance in accordance with the procedure set out in customs matters sanctioning.

3. For the graduation of sanctions should be considered in particular the following criteria: the degree of guilt of the person in charge; the amount of cash carried; the severity of the case and the nature of the damage caused; recidivism to the Commission, within a period of two years, in addition to an infringement of the same nature sanctioned by administrative resolution firm, and the economic capacity of the offender. "

Repealing provision Is repealed as of the article 42 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, as well as any other provision of equal or lower rank which contradict the provisions of this law.

First final provision will enable the Government to, within a maximum period of two 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.

Second final provision will enable the Government to, 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.

Third 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, October 10, 2013 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