Law of international criminal cooperation and the fight against the laundering of money or securities of the international crime since the General Council at its session of 29 December 2000 approved the following: law of international criminal cooperation and the fight against the laundering of money or securities of the international crime preamble the Andorran State , by history and tradition, has always been respectful of the prevention and the fight against the laundering of money without giving up their sovereignty and to the guarantees contained in the law on bank secrecy and security in relations between the financial system and its customers.
Nearly five years have elapsed since the adoption of the law on the protection of bank secrecy and the prevention of the laundering of money or securities of the crime, dated May 11, 1995, and in this time, the internationalization of the world economy, as well as the internationalization of criminality have determined the international community to establish norms of preventive and repressive nature of the effectiveness of which depends on the homogeneity of their simultaneous application to all countries of the world. The money laundering takes different forms depending on the development of the legislative system and the level of implementation of this system in each country. It is true that the international instruments to combat money laundering rest on common principles, but the variety of national situations makes it very difficult to not only a process of standardisation legislation but also a process of harmonization and assimilation of the rules.
With this aim of harmonisation, the preamble of the Act for the protection of bank secrecy and money laundering of money or securities of the crime as he put out so the firm will of the Andorran State adherence to the agreements of the United Nations in Vienna, and in Strasbourg, the Council of Europe.
The regulations of the Andorran penal code, the law on the protection of bank secrecy and the prevention of money laundering and procedures of internal law of Andorra have a degree of convergence with the provisions of the agreements in their philosophy. However it is advisable to adapt these laws to the agreements, as well as the usual practice of the neighbouring countries and the guidelines of the agencies to combat money laundering.
Is what this law tries to get with the traditional simplicity of the Andorran legal texts but with the desire to take their effectiveness. The ratification of the agreements of Vienna and Strasbourg signed recently involve the modification of the Andorran legislation in force in order to adapt it to the provisions of the two Covenants mentioned above, and to ensure that our rules have the maximum efficiency and tend to be uniform with those applied in other countries.
The seizure, which is the object of most of the provisions of the Convention in Strasbourg, has been detailed considering the specificities of Andorra.
The aspect of prevention of money laundering of money or securities of organized crime is that need a more extensive modifications to give more guarantees of effectiveness on the device of Declaration, control and reporting of suspicious events, all to safeguard the principle of bank secrecy. For this purpose it creates the unit for the prevention of money laundering as the organism incubated both of all the declarations in the area of money laundering.
This law has a double object. In the title and regulates the Organization of the International Criminal Court help using rules that are applicable to all procedures relating to this matter, are what are the crimes to which they refer. In title II reference is made in the fight against the laundering of money or securities from the international crime. It's about two subjects of a different level, the regulation of which is justified, but, to be the phenomenon related to the above-mentioned international crime that results in the majority of cases of international legal cooperation.
Title i. Organization of international legal aid Chapter preview. Scope of application Article 1 the present title is applied to all procedures relating to international cooperation in criminal matters.
1. terms and conditions of the legal help Section first. General conditions Article 2 rogatòries international commissions, except with respect to notices and citations, should specify: the authority that transmitted and the authority to which he directed.
Enough exposure of the facts object of the procedure and an exhibition of the reason of the demand.
The crime or crimes that are researched or pursue with translated copy of the same.
Whenever possible, the marital status, the address and the nationality of the persons affected by the measure and also the more detailed information on the goods the subject of the lawsuit.
Article 3 If the demand does not contain the requirements provided for in article 2, the Mayor can, depending on the nature of the defects, to ask the authority of the applicant country to complete or to refuse the execution of the Commission rogatòria to return the actions motivated and part summons the plaintiff.
Article 4 the judicial aid is subject in all cases to the following conditions: a) the proceedings abroad conform to constitutional principles in the Principality, referring to the rights and freedoms guaranteed in chapter III of title II of the Constitution.
b) That the measure requested is not contrary to the fundamental principles of the Andorran legal system.
c) That sufficient reasons exist not to do assume that the procedure has been initiated against a person by reason of their political opinions, their membership of a particular social group, their race, their religion or their nationality.
d) That all the crimes on which is based the rogatòria Commission are criminally punished by the Andorran law as a crime.
e) that the person the subject of the complaint has not been condemned by a firm ruling the Principality and has served the sentence or has not been knell in Andorra for the same facts.
f) the facts that motivate the non-political character of the demand or the demand you do with a political purpose.
g) That the facts that motivate the demand, although constituting a crime according to the Andorran law, have the importance enough to justify the intervention of the Andorran justice.
h) That the communication of the information does not harm the sovereignty, security,
public order or other essential interests of the Principality.
Article 5 Any information obtained from the Andorran authorities through legal aid may not be used in the plaintiff State for other purposes than those that have been precisades in the rogatòria Commission and, more specifically, for other infractions or punishable facts that they've been given and for which the Andorran judge were able to assess the origin in the sense of the Andorran law.
Article 6 taking into account the nature of the demand for help, the Andorran judicial authorities can condition their cooperation to the previous commitment of the applicant State to respect the principle included in article 5.
Article 7 if the defendants Act a person is punished for several criminal provisions of the law of the requesting State, the rogatòria can only be executed with regard to the offences for which there is no because of disagreement on the meaning of the present law.
Article 8 in all cases, at the discretion of the judicial authority, judicial assistance can be arranged when, with the agreement of the accused, the requested acts have to exculpate the individual imputed.
Second section. Article 9 procedure Corresponds to the Ministry of Foreign Affairs received the holder requests and return them once formalised. When the Ministry of the Foreign Affairs receives a request, the president of the Court of Batlles and submit a copy to the public prosecutor.
Article 10 in the event of urgency, requests from the judicial authorities of the State applicant can contact the Andorran judicial authorities, either through diplomatic channels, either directly, or through the International Criminal Police Organization (Interpol).
The Andorran judicial authorities return the commissions rogatòries, executed or not depending on the case, by the appropriate diplomatic urgently, without prejudice that also can be sent via Interpol or delivered by hand to the authorities of the applicant State that they have been expressly empowered to this effect.
Article 11 when the object of the Commission rogatòria involves a subpoena to trial in inculpado credit quality, expert witness or witness, victim, and of the Commission can be done directly by warrant addressed to the Council or even by registered letter if the plaintiff State legislation to allow it.
Article 12 Any person provisionally arrested or taken in Andorra the appearance of which is requested by a foreign State acting as witness may be transferred temporarily to the territory of this State as long as the person concerned so agree, that your presence is not needed in Andorra by reason of criminal proceedings in progress, that the file transfer does not have to unnecessarily prolong their detention or practical reasons, or in the background , at the discretion of the Andorran judicial authority, did not object.
The Andorran authorities may require of the State requesting the return of the person which requires the appearance.
The consent of the person concerned must be collected in accordance with the provisions of the article 207.3 sections 1, 2 and 4 of the code of criminal procedure.
Article 13 the Commission rogatòries are executed free of charge except in the case where a procedural requirement of the plaintiff State causes abnormal expenses.
Article 14 travelling expenses and other concepts of the witnesses and the experts are always in charge of the applicant State, as well as the costs of the transfer provided for in article 12.
The third section. Applicable law Article 15 proceedings that will practice in compliance with the rogatòries and other commissions, exhorts requests must follow the procedural laws of Andorra. The demands of calls must be received by the Andorran authorities with a minimum of one month before the date indicated, with the exception of emergency States.
Article 16 for the purpose of an oath by a witness or expert witness requested expressly by the applicant State, the promise is calculated in the oath in accordance with the Andorran law.
Article 17 the proceedings carried out by the judicial authority or any other piece required by a Commission rogatòria are delivered in certified authenticated photocopies by the Secretariat of the Council, except in the case that the plaintiff may state a claim motivated original transmission that is appreciated by the batlle.
Article 18 the Andorran judicial authority can allow the agents of the foreign authority to attend the execution of the Commission rogatòria.
Article 19 Despite the provisions of article 15, when a lawsuit make mention of a procedural obligation required by the legislation of the applicant State, the judicial authority will comply with the Act, this always imperative Andorran requested is not contrary to the fundamental principles of the Andorran law and that it will not oppose important practical reasons.
This article applies to the demands that request the presence of counsel for the defence and the prosecution as well as the representative of the public prosecutor's Office overseas, and the ability to ask questions or contrapreguntes by means of the Mayor.
Section four. Specific procedures A) precautionary measures Article 20 the Mayor can take, at any time of an internal procedure, resolutions it deems appropriate to ensure the return of stolen objects and the preservation of evidence, and also to make sure the responsibilities both civil and criminal dimanin of crime.
At the request of a foreign State that has commenced criminal proceedings and formulated a demand for seizure, confiscation or comís, the Mayor also may order the appropriate precautionary measures, such as the blocking of accounts or the preventive embargo, prohibit any transaction or any alienation of any right which may be the subject of a further comís according to the Andorran legislation or foreign.
The Mayor has to notify, within a maximum period of 30 working days, the resolutions taken in the matter, to all the people affected and to resolve on the demands for lifting the measures within a maximum period of 15 working days, after hearing the public prosecutor's Office and the parties. Against the sentence of the Mayor can lodge an appeal, as provided in article 194 of the code of criminal procedure.
Article 21 on demand of the plaintiff State instruments, objects, documents and values can be transferred to judicial authorities seized from Andorra to the applicant State whether it is pieces of conviction or if you have an obvious interest in the criminal class abroad. Previously reported the State applicant
that, in all cases, if the criminal proceedings are terminated by a file, a dismissal or acquittal of the person concerned, these objects must be returned to their owners by the State when the plaintiff becomes firm resolution to close the procedure.
Article 22 The other objects, documents or securities as a result of a criminal offence can be restituïts immediately to the Andorran judicial authorities to their owners or the owners even outside of all criminal proceedings commenced abroad.
Article 23 When any rogatòria Commission received by the Andorran judicial authorities do appear property, money or securities from a criminal offence or have no legitimate owners identified, the Mayor orders the freezing.
Article 24 when you try to run a demand for freezing to be lodged as a result of criminal proceedings opened, judicial authorities of Andorra may affect this measure to the fact that the embargo did not last beyond a reasonable time given the severity of the infraction and the complexity of the issue, and have put in knowledge of the plaintiff State the deadline dictated by Mayor at the time of the return of the Commission rogatòria without prejudice to the applicant State to ask for the extension of the deadline for serious reasons. In this case, the Mayor appreciate.
B) denunciation of a crime or criminal action delegation Article 25 to demand of the State where it has been committed a criminal offence, the Andorran judicial authorities can already criminal proceedings against any person responsible for the infringement, if the alleged responsible for the infringement found in Andorran territory and if the extradition of a person is not possible or if the person is already arrested in Andorra because of more serious offences.
Article 26 in any event, the applicant State must give the guarantee to give up a criminal action for the same facts after you have been issued a resolution firm in Andorra or justify the existence of legal documents in this regard.
Article 27 the demand of the plaintiff State is always sent by the appropiate diplomatic channel without prejudice, in case of emergency, be sent simultaneously to the public prosecutor's Office accompanied by useful elements for the procedure in steps.
The public prosecutor's Office carries out the criminal action, in accordance with the code of criminal procedure if the legal requirements are met and, otherwise, returns the demand specifies the reasons for refusal.
Article 28 The Andorran criminal law is applicable to the facts reported and penalties imposed are those provided by the Andorran Criminal Code.
Article 29 in any case unable to start or continue a criminal procedure for delegation of another State if the person against whom it is intended the procedure is in a situation of procedural rebellion.
Article 30 when there is evidence of criminality against a person for a crime committed in Andorra and that can not be located in the Principality, especially when his extradition is not possible for reasons of internal law of the foreign country, the public prosecutor, with the prior agreement of the batlle instructor or, if applicable, the competent Court may send the actions to the plaintiff State because the person is judged.
C) criminal judicial authorities Article 31 Andorra delivered on demand of foreign legal authorities, certificates of criminal records of people who reside in Andorra under the following conditions: that the person has been processed, or called in the opinion on quality of inculpada.
That demand is by reason of an infringement criminally punished in Andorra.
There is no reason to assume a possible infringement of the rights of the person, as in article 5 of this law.
The criminal records have not been the subject of a judicial decision of waiver of registration or cancellation.
D) demands that affect the right to privacy in Article 32 the Commission rogatòries that refer to bank accounts and personal media such as telephone interception, teleescriptors and other similar media are executed by the mayor or the competent Court, after hearing the public prosecutor's Office and with the prior verification of the conformity of the complaint with the Andorran law , without prejudice to preserve the secrecy.
Article 33 the demands must contain enough elements to enable to appreciate the legality of control applied in accordance with the Andorran law, and they must attach the decision of the judicial authority of the applicant State that order the measures mentioned in the previous article.
Article 34 in view of the object and the motive of the lawsuit, and by communicating the recordings or transcripts to the applicant State, the Mayor must destroy or destroy by an agent of the judicial authority designated for this purpose, the parties of those recordings or transcripts that show no interest in the criminal proceedings by reason of which has been requested by the measures.
Article 35 if a written document carries, in addition to the information that can be reported abroad, items that fall within the scope of the secrets outlined in articles 222 to 224 and 226 of the penal code, the Mayor can set or set by a judicial police officer delegated for this purpose a copy or photocopy is to skip the prompts that can affect people outside the procedure or that may affect the same interested but that you do not have to do with the lawsuit, as long as they do not reveal criminal punished in the Andorran criminal law.
E) execution of foreign judgments Article 36 in the absence of specific international treaty, foreign judgments handed down by criminal courts are not, in any case, executòries in Andorra and supported the request for execution in Andorra of the penal provisions of this type of sentences, except as regards the decisions of comís of instruments or products of the crime committed abroad who are in the territory of Andorra , as provided for in section A of chapter II.
F) 37 Article Resources Any opposition or incident in the course of a judicial assistance procedure must be solved immediately to sentence of the judicial authority in charge of the measure. This sentence is executori immediately provided that, at the discretion of the judge, its execution does not cause irreparable consequences, such as the sending of information abroad.
Against this sentence can appeal of appeal in the forms and deadlines of article 194 of the code of criminal procedure.
Chapter II. Special provisions relating to criminality in) From Article 38
In case of application of comís by a foreign judicial authority of instruments of crime or their products, money, securities or assets acquired with these or their counterpart to referred to in article 147 of the penal code or coming from any other felony, the demand is filed by the public prosecutor at the Court of Corts, which, after prior hearing of the interested parties , decides to sentence which can be appealed before the Court of Justice.
The Court cannot review or modify the decision of foreign comís although it should resolve over the demands of third parties of good faith that have not been resolved in the aforementioned decision.
The same procedure is applicable generally, ex officio or at the request of the applicant State, the property, money or securities from any criminal offence that does not have legitimate owners identified.
Article 39 without prejudice to agreements or international agreements that have otherwise, are from always made on behalf of the Andorran State.
B) special forms of police cooperation Article 40 in the framework of the international legal cooperation, the Mayor can arrange the circulation or the guarded entrance of drugs or other products or objects as well as the participation of an undercover agent, in the terms provided for in the code of criminal procedure.
Title II. Fight against the laundering of money or securities chapter III. Scope of application Article 41 for the purposes of this law, is meant by breach of money laundering the Commission of any of the acts classified in the penal code.
Article 42 Unless the precepts specifically applicable to compulsory subjects mentioned in article 45, the present Law covers all natural or legal persons any of which can channel or make a money laundering operation.
Article 43 those who act on behalf of a third party are required to inform themselves properly from the origin of the funds they receive and the identity of his real owner, in order to avoid any money laundering operation.
Article 44 branches, subsidiaries or branches, Andorran companies located abroad, as well as the companies domiciled abroad, the control of which is held by natural or legal persons, entities or residents in Andorra, which have the objective of commercial or financial operations must act with due diligence in order to prevent any act of money laundering.
The Government, with the previous report of the unit for the prevention of money laundering (UPB), is empowered to regulate this obligation.
Chapter IV. The system of prevention of money laundering Section fifth. Compulsory subjects and obligation to declare Article 45 are subject to the obligations defined by the present Law the operational entities of the Andorran financial system and the insurance companies and reinsurance, as well as other natural or legal persons who, in the exercise of their profession or business activity, carry out, monitor or advise operations of movements of money or securities that may be susceptible to use for money laundering , and in particular: 1. external accounting professionals and tax advisors;
2. real estate agents;
3. notaries and other independent legal professions when members participate: in attendance of the planning or execution of transactions for their clients within the framework of the following activities: a) buying and selling of real estate property or commercial companies;
b) manipulation of money, securities or other assets of the customers;
c) opening or management of bank accounts, savings or titles;
d) organisation of contributions necessary for the creation, management or management of companies;
e) Constitution, management or direction of societies, of those held INTRUST or similar structures;
or when acting on behalf of its clients in any financial or real estate transaction.
4. sellers 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.
5. gambling establishments.
Notwithstanding the above, the compulsory subjects called to sections 1 and 3 of this article are not subject to the obligations defined in this law when they refer to 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 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 the procedures.
Article 46 The compulsory subjects are required to declare to the unit for the prevention of money laundering, in the relevant effect, any operation or project of operation related to money or securities in respect of which there is suspicion of an act of money laundering.
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 where you come from or are intended for the funds.
Article 47 the Declaration must be made before the subject must have the financial or economic operation doubtful. In this case, if the unit for the prevention of money laundering is estimated that there are sufficient evidence, orders temporarily blocking the operation.
This blockage may not exceed five days, within which the unit for the prevention of money laundering will be to lift it if these signs have been distorted, and authorize the execution of the operation or, otherwise, to send the proceedings to the public prosecutor.
In any case, whether it has been executed the operation as if you haven't been, the statement must be accompanied by all the information related to the operation or application of operation. The subject must have to send in the unit for the prevention of money laundering any new item of which it becomes aware that may have impact on the assessment of the operation declared.
Article 48 operational entities of the Andorran financial system and the insurance companies and reinsurance to designate the person or persons in charge of the Organization and the monitoring of compliance with the rules against money laundering within each entity and enabled to make statements and be a regular representative in front of the unit for the prevention of money laundering. The appointment must be notified to the unit for the prevention of money laundering.
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.
Article 50 the administrators, managers and employees of banking or financial institution have the obligation to keep confidentiality with respect to information that affects their customers within the framework of the banking or financial activity. To this end, shall take all measures of prudence and caution are appropriate with a view to the protection of professional secrecy. The violation of professional secrecy, except for legal cause of justification, it constitutes a crime in the terms envisaged in the criminal code.
Financial institutions can only provide information relating to relationships with their clients and the accounts or deposits of these, within the context of a judicial procedure and upon written instruction of a mayor. Otherwise, the statements of the operations that are suspected of money laundering prevention unit made by the compulsory subjects are not in any way incompatible with the obligation to preserve the traditional secrecy that protects the confidentiality of the financial affairs of the general way of their clientele. Consequently, the disclosure of information in this unit does not accept the compulsory subjects and his staff from any liability of any kind due to violation of the rules of secrecy and confidentiality, 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.
The provisions in the preceding paragraph are understood without prejudice to administrative liability, if any, is appropriate.
The bank secrecy mentioned in the first paragraph of this article is not opposable to the unit for the prevention of money laundering. In the case of opposition or incident in the development of their research and prerogatives, the laundering prevention unit 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.
The sixth section. Other obligations of the subjects forced Article 51 the subjects required must respect the following: a) The compulsory subjects must have a special monitoring of all operations which, although they are not suspicious, are presented under a complex or uncommon, and does not appear to have an economic justification or a legitimate object, and in particular the operations that are classified as likely to lead to money laundering operations and classified of special surveillance by the unit of Prevention of money laundering by means of technical communications.
b) Provide to the unit for the prevention of money laundering all the information requested in the exercise of its powers.
c) with regard to the institutions of the financial system require, through the presentation of an official document, the identification of their customers at the time of establishing any business relationship.
c) 1. If the customer is a natural person, 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.
c) 2. If the customer is a legal person, the subject required must require: certification of its registration in the register of companies.
Justification, in the same way as the section c) 1. of this article, the identity of the natural person who, in accordance with the documentation presented, has powers of representation of the entity.
d) in any case, before you set any transaction, the entities of the financial system should be checked, with diligence, the identity of the true successors of the requested transaction.
e) the duty of monitoring and verification of identity of the entities in the financial system also covers other subjects required in relation to any customer of which are interested in something that, for the amount or conditions of execution, leads to suspicions of an act of money laundering.
f) without prejudice to compliance with the General rules governing the obligation of conservation of accounting documents and contract, the compulsory subjects must preserve the documentation referred to in the present article for a minimum period of ten years, counting from the date of completion of their relationships with customers.
Article 52 The compulsory subjects, and particularly the financial system entities, should set up appropriate procedures and sufficient internal control and communication in order to prevent and deter money laundering operations. In this sense, have to carry out specific programs of training of its staff.
The external audit of the entity verifies the compliance with that provided for in this article and delivery to the unit for the prevention of money laundering, at the end of each financial year, a specific report on the fulfillment of the precepts of this law.
Section seven. Body for the prevention of money laundering and Article 53 1. Is created, under the name of "unity of prevention of money laundering" (UPB), an independent body whose mission is to promote and coordinate measures for the prevention of money laundering, the budget of which will be in charge of the Ministry of Interior.
2. The unit for the prevention of money laundering has the functions of instruction, of decision and of the following proposition: to lead and promote the activities of prevention and the fight against the use of the financial system entities or of another nature of the country for money laundering, by means of the procedures and instrumental techniques, rules that are necessary.
Ask for motivated for this purpose any information or documents the subjects required to verify the application of the present law. To this end, the members of the unit for the prevention of money laundering can meet with the staff of the compulsory subjects, designated by article 48 of the present law and move to its dependencies.
Ask for and receive competent legal authorities, criminal record certificates.
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.
Ask for and receive any information in the service of police or to any official body within the limits of its mission.
Cooperate with other foreign agencies equivalent to according to the standards set in the eighth.
Sent to the competent administrative authority instructed dossiers in which appear the facts that may constitute an administrative infringement, accompanied by a proposal for a sanction.
Submit to the public prosecutor, to the appropriate effect, cases in which appear reasonable suspicions of the Commission of a criminal offence.
File the remaining cases and preserve the dossiers for a minimum period of ten years.
Inform the body which exercises the disciplinary power over the financial system of all the submissions of dossiers, is the public prosecutor's Office, is the Government when there are involved entities of the financial system.
Submit to the Government legislative or regulatory proposals relating to the fight against money laundering.
Article 54 the composition of the unit for the prevention of money laundering is the following: a maximum of two persons of recognized competence in the financial field named by the Minister head of finance;
A mayor appointed by the Superior Council of Justice;
A maximum of two members of the Police Service appointed by the Minister of interior at the proposal of the director of the police.
The Ministers of the Interior and of Finance jointly designate the head of the UPB members appointed by them.
The members appointed by the Minister of the interior and by the Minister of finance owner have to devote himself full time to the duties assigned to it and cannot engage in any other public or private activity. The Mayor, ultra jurisdictional functions of its own, exercises in the framework of the UPB the functions of ensuring the legal integrity of submitted dossiers; facilitate contacts with the administration of Justice and the other judges, and to send the dossiers on suspicious transactions to the competent authorities.
The Government regulates the modalities relating to the organisation and the functioning of the unit for the prevention of money laundering.
Members of the unit for the prevention of money laundering and its administrative personnel assigned are subject to professional secrecy under the penalties provided for in article 226 of the criminal code.
Eighth section. Cooperation between financial information units (FIU) Article 55 The laundering prevention unit referred to in the previous articles cooperates with other foreign agencies equivalent.
Article 56 The sending of information concerning operations or projects of operations related to money laundering and international crime, including extracts from the register of foreign bodies, to other equivalent can be carried out by the unit for the prevention of money laundering by the aforementioned unit or on demand of these organisms, with prior authorization of the head of the UPB , 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 haunts the present law;
c) foreign services information receivers are subjected under criminal sanction, the maintenance of professional secrecy.
Ninth section. Administrative responsibilities Article 57 administrative offences and the corresponding penalties established in this chapter are imposed by the Government, at the proposal of the unit for the prevention of money laundering, and are applicable without prejudice to the responsibilities that may be debugging to the criminal.
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 49.
c) negative, the excuse and the resistance to provide information to the unit for the prevention of money laundering provided for in paragraph b of article 51, except in the cases provided for in the last paragraph of article 45.
d) The reiteration of a serious violation in the same year.
2. serious offences Are: a) Not sure of the identity of customers under the terms outlined in section c of the article 51 or may not have required the documents required in the article itself.
b) insufficient verification of the true successor of the operation that has been run according to the section of article 51.
c) the lack of surveillance and of identity verification provided for in paragraph e of article 51.
d) the lack of conservation of documents during the time fixed by section f of article 51.
e) not to have adequate internal procedures and sufficient internal control and communication in order to prevent and deter money laundering operations, and do not perform specific audit foreseen in article 52.
f) The reiteration of a mild violation in the same year.
3. minor offences Are: a) the non-communication on the prevention of money laundering of the persons provided for in article 48 enabled.
b) any infringement of the rules of the present law does not set out in the previous sections.
Article 59 The minor offences are sanctioned with a written reprimand and fine of six hundred to six thousand euros; the grave, 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 a fine of six thousand to sixty thousand euros, and the very serious offences, 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 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 they incurred.
Section ten. Supplementary rules Article 60 as a general rule, the offences prescribed in the three years. If there have been acts intended to disguise them to control bodies, the prescription takes place ten years.
The prescription term starts counting from the date on which the infringement has been committed. For infringements that occur in a continuous activity, the start date is the end of the activity or the last act establishing the infringement.
The prescription is interrupted by the introduction of the corresponding sanctions.
Additional provision is added a new section to chapter IV of the second title of the code of criminal procedure with the following heading and content:
16th section. Guarded delivery of malicious objects and undercover agent Article 122 bis 1. The Mayor, instructor, or if applicable the Mayor on duty, you can license to demand of the director of Police Service delivery or circulation of toxic drugs, narcotics or psychotropic substances, as well as firearms, works of art, counterfeit currency, depictions of children engaged in sexual activities or their sexual parts, human organs, objects or money and values from a money laundering operation. By adopting these measures, must be taken into account if they are necessary in relation to the importance of the crime and with the possibilities of surveillance.
2. The circulation or the controlled delivery is to allow illicit shipments of drugs, substances or objects mentioned in the previous paragraph, as well as of things or securities that have replaced, and keep track of the movement, the exit or entry without interference that hamper it by the authority or its agents and under their surveillance. This operation aims to discover or identify people involved in the Commission of any crime in connection with the said drugs, objects or substances or to provide assistance to foreign authorities pursue the same purposes.
3. police officials need to account for their immediate action in the competent Mayor.
Article 122 ter Mayor instructor, or if applicable the Mayor on duty, you can authorize the director of the Police Service in demand the active participation of an undercover agent in the crimes related to the drug, firearms, counterfeit, pimping, terrorism, the sale of children, child prostitution and the use of children in pornography, the trafficking of human organs and money laundering.
This undercover agent must necessarily take the condition of police officer with judicial police functions.
Article 122 c does For application of the two previous articles, without prejudice to international agreements that have on the subject, the competent judge may condition the agreement given to the foreign authorities to comply with particular requirements in relation to the Organization and control of the measurement by the Andorran authorities.
In all cases, the judicial authorities and the Police Service of Andorra must be informed with the utmost care the development of measurement and of all event which may have significance in the operation.
Sole transitory provision While the unit for the prevention of money laundering does not define, in the exercise of the prerogatives that have been granted by article 53, paragraph 2, first paragraph, the specific transactions that may involve money laundering operations set out in article 51 a) of the present law, shall apply the typology of these transactions approved by the Government by Decree.
Repealing provision Is repealed the law for the protection of bank secrecy and the prevention of the laundering of money or securities of the crime, dated May 11, 1995.
Final provisions first final provision empowers the Government to lay down the specific rules with regard to any point in the present law that may require a regulatory development and to make it operative.
Second final provision this law shall enter into force after six months of being published in the official bulletin of the Principality of Andorra.
Casa de la Vall, 29 December 2000, Francesc Areny Casal 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.
Jacques Chirac President of the French Republic of Andorra Co-prince Juan Marti Alanis Co-prince of Andorra, the Bishop of Urgell