Advanced Search

Change The Gewo 1994, Economic Trust Profession Act And Of The Balance Sheet Accounting Law

Original Language Title: Änderung der Gewerbeordnung 1994, des Wirtschaftstreuhandberufsgesetzes und des Bilanzbuchhaltungsgesetzes

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

39. Federal Act, which amalgles the 1994 Commercial Code, the Economic Scatter Trade Act and the Accounting Accounting Act

The National Council has decided:

Article 1

Amendment of the Industrial Regulations 1994

The Industrial Order 1994, BGBl. N ° 194, as last amended by the Federal Law BGBl. I No 8/2010 is amended as follows:

1. § 365m (1) the following sentence is added:

" § § 365m to 365z also implement, within the meaning of the recitals of Directive 2005 /60/EC, the recommendations of the Working Group on Financial Action Task Force (FATF) in the field of combating money laundering and terrorist financing, shall, in particular in so far as they comply with the content of Directive 2005 /60/EC, apply the requirements. "

2. § 365m (3) (2) and (3) are:

" 2.

Real estate agents, in particular with regard to both buyers and sellers or both on tenants and landlords,

3.

Business consultants, including the corporate organization or with regard to the following under lit. (c) activities referred to above as well as other traders, such as, in particular, persons entitled to office work and office services, in the provision of the following services to companies or trustees:

a)

Establishment of companies or other legal entities, or

b)

Performing the function of a director or a managing director of a company, a shareholder of a partnership or a similar position vis-à-vis other legal entities, or having a different effect on the performance of a company, a person's performance, or a similar position vis-à-vis other legal entities the person who can perform the above functions, or

c)

Provision of a registered office, a commercial, administrative or postal address and other related services for a company, a civil society or other legal entity or legal business Agreement, or

d)

exercising the function of a trustee of a trusteeship or a similar legal agreement or having the effect that another person may perform the functions mentioned above; or

e)

The performance of the function of a nominal shareholder for another person, other than a company listed on a regulated market, the disclosure requirements corresponding to Community law, or be subject to equivalent international standards, or to the effect that another person may perform the functions mentioned above; "

3. § 365m (4) reads:

" (4) The Money Laundering Act (Section 4 (2) of the Federal Criminal Police Office Act, BGBl. I n ° 22/2002) shall accept suspitions in accordance with § § 365u to 365y. For all others, not directly the money laundering destelle (§ 4 paragraph 2 of the Federal Criminal Police Office Act, BGBl. I n ° 22/2002), in particular the day-to-day monitoring and ensuring compliance by the tradesmen with § § 365m to 365z, including the sanctioning of infringements of these provisions, is the Authority (§ 333). The Authority (§ 333) shall have effective monitoring of compliance with the provisions on a risk-based basis and shall take the necessary measures to ensure compliance with them. In doing so, all of the powers and resources necessary for the performance of their duties shall be allocated to it, including the possibility of requesting all information relating to the monitoring of the relevant provisions, and on-the-spot checks and inspections. (§ 338). "

4. § 365n Z 1 reads:

" 1.

"Money laundering" means the offence pursuant to Section 165 of the StGB (German Civil Code), BGBl. No 60/1974, as amended, including assets stemming from a criminal offence of the perpetrator himself (own-money laundering) "

5. § 365n Z 4 lit. (a) sub lit. bb) is:

" bb)

Members of Parliament and important representatives of political parties, "

6. § 365p (1) Z 2 reads:

" 2.

where appropriate, the identification of the identity of the beneficial owner and the taking of risk-based and appropriate measures to verify the identity of the beneficial owner. In the case of legal entities, trustees and similar legal agreements, this shall include risk-based and proportionate measures to establish the customer's ownership and control structure, as well as the determination of who: are the natural persons who are ultimately the owners or who have control or are actually exercising, "

7. In § 365p (1) the following Z 2a is inserted:

" 2a.

in the event of action by the customer as a representative of a third party within the meaning of Z 2, verification of the representative's power of representation, "

8. In § 365p (4), § 365v and § 365y (2) and (3), the word shall be given in each case. "Reporting Office" by the words " Money launder destelle (§ 4 para. 2 of the Federal Criminal Police Office-Law, BGBl. I No 22/2002) replaced.

9. § 365r para. 1 first and second half-sentence are:

" § 365r. (1) The trader may refrain from any measures laid down in section 365p (1) and (2) and (2) 365q (1) if such measures are not necessary due to a low risk of money laundering or the financing of terrorism. and when it comes to the customer, "

10. § 365r para. 2, first and second half-sentence:

" (2) The trader may also refrain from any of the measures laid down in § 365p (1) and (2) and (2) 365q (1) if they do not, due to a low risk of money laundering or the financing of terrorism, do not are required and are involved "

11. In § 365s (1), the following first sentence is inserted:

" § 365s. (1) The trader shall, on a risk-based basis, apply increased due diligence in respect of the measures laid down in § 365p (1) and (2) and (2) 365q (1) in cases where the trader is at risk of increased risk of the money laundering or terrorist financing, and to subject the business relationship to increased continuous monitoring. "

12. In § 365s (3), the following last sentence is added:

" This shall also apply if the customer has already been accepted and, as a result of the customer or the beneficial owner, it turns out that this person is a politically exposed person or who, as a result, is politically exposed to the Person will. "

Section 365s (5) reads as follows:

" (5) The Federal Minister for Economic Affairs, Youth and the Family may, by means of a regulation in relation to types of customers, business relationships or transactions, establish further cases in which their nature is at increased risk of money laundering or terrorist financing, in particular in relation to States in which, according to the credible source, there is an increased risk of money laundering and terrorist financing, and in addition to the trader's Obligations of § 365p require further appropriate due diligence obligations and the Traders undertake to subject this business relationship to increased continuous monitoring. "

14. § 365t reads:

" § 365t. The trader shall have transactions that are particularly close to money laundering or terrorist financing, in particular those involving persons from or in States where, according to the credible source, an increased risk of Money laundering and terrorist financing should be given special attention. This applies in particular to complex or unusually large transactions or transactions of unconventional patterns without apparent economic or recognizable legal purpose. In such cases, the trader shall, as far as possible, examine the background and purpose of such transactions and record the results in writing. The records shall be kept for the competent authorities within the meaning of Section 365y. "

15. § 365u reads:

" § 365u. (1) The trader and, where appropriate, its senior staff and their employees shall be:

1.

the Money Laundering Act (Section 4 (2) of the Federal Criminal Police Office Act, BGBl. I n ° 22/2002) should be immediately informed, if they know, have a suspicion or have a legitimate reason to believe that:

a)

an attempted, impending, ongoing or already carried out transaction in connection with assets stemming from a criminal act enumerated in § 165 StGB (including assets that are derived from an asset), the criminal act of the perpetrator himself), stands, or

b)

an asset is derived from a criminal act enumerated in § 165 StGB (including assets that stem from a punishable act of the perpetrator), or

c)

the attempted, impending, ongoing or already carried out transaction or the asset in connection with a criminal organisation in accordance with Section 278 of the StGB, a terrorist group pursuant to Section 278b of the StGB, a terrorist group the association according to § 278c or the financing of terrorism; and

2.

the Money Laundering Act (Section 4 (2) of the Federal Criminal Police Office Act, BGBl. I n ° 22/2002) shall, on request, immediately provide all necessary information and provide the necessary documents.

(2) The notification of information within the meaning of paragraph 1 in good faith does not constitute a breach of a restriction on the disclosure of information, which is governed by contract or by law or regulation, and does not assume any liability whatsoever.

(3) For the purpose of carrying out the tasks pursuant to this provision, the money-laundering agency (Bundeskriminalamt-Gesetz, BGBl, Bundeskriminalamt-Gesetz, Bundeskriminalamt-Gesetz, BGBl. No 22/2002), to identify and process the data required by natural and legal persons and other entities with legal personality. Furthermore, it is empowered to use personal data on the customer, which it has identified in the execution of federal or state laws, and to exchange data with entities of other states to which the fight against money laundering and terrorist financing. "

16. § 365w reads:

" § 365w. The authorities immediately have the money laundering office (§ 4 para. 2 of the Federal Criminal Police Office Act, BGBl. I n ° 22/2002) if, in the event of the enforcement of commercial law, they are encountering facts which might be related to money laundering or terrorist financing. § 365x with regard to the prohibition of the forwarding of information to the customer and third parties concerned also applies mutatis mutinly to the authorities. The authorities shall keep records indicating the number of official notifications to the reporting body, the number of administrative proceedings in breach of § 366b, the number of subsite checks and the amount of the administrative proceedings. financial penalties imposed. "

Section 365z (4) reads as follows:

" (4) The Money Laundering Act (Section 4 (2) of the Federal Criminal Police Office Act, BGBl. No 22/2002), the Austrian Chamber of Commerce, for the purpose of informing traders, has up-to-date information on the methods of money laundering and terrorist financing and on the evidence to which suspicious transactions are to be made available. "

18. § 366 Z 9 is deleted.

19. According to § 366a the following § 366b is inserted:

" § 366b. (1) An administrative surrender which is punishable by a fine of up to € 30 000 shall be committed, who does not accept it contrary to the provisions of § 365u, the money laundering destelle (§ 4 para. 2 of the Federal Criminal Police Office Act, BGBl. I n ° 22/2002), or to provide the necessary information or to issue documents.

(2) An administrative surrender which is punishable by a fine of up to € 20 000 shall be committed to the person who does not comply with the other provisions of § § 365m to 365z concerning measures to prevent money laundering and terrorist financing. "

20. § 367 Z 38 is deleted.

Article 2

Amendment of the Economic Scatter Trade Act

The Economic Scattering Trade Act, BGBl. I n ° 58/1999, as last amended by the Federal Law BGBl. I No 10/2010 is amended as follows:

1. The table of contents relating to the 4. The main item is amended as follows:

" 4. Main item: Rights and obligations

1. Section: General provisions

Section 82: General

Section 83: Exercistion Directive

Section 84: Professional titles

Section 85: Branch offices

§ 86: Departed Departments

Section 87: Schlichting procedure

Section 88: Orders and Plenipotentiary

§ 89: Interdisciplinary cooperation-Work contracts

Section 90: Other activities

Section 91: Duty of confidentiality

Section 92: Deputy-Order of Order

Section 93: Deputy-Order of employment

Section 94: vicarious agents

§ 95: Provisional-commission reservation

§ 96: Formal Confirmation of Confirmatory Companies

Section 97: Ruhen of power

Section 98: Additional reporting requirements

Section 2: Measures to prevent money laundering and terrorist financing

§ 98a: General

§ 98b: due diligence obligations

§ 98c: Simplified due diligence obligations

§ 98d: Strengthened due diligence obligations

§ 98e: Increased risk-Non-FATF conformant countries

§ 98f: Execution by third parties

Section 98g: Reporting requirements

§ 98h: Prohibition of forwarding of information

§ 98i: retention obligations

§ 98j: Intra-organisational measures "

2. Before § 82, the title shall be: " 1. Section: General provisions " inserted.

3. In § 83 (2) (3), the word shall be "and" shall be replaced by a dash and shall be added after Z 4 following Z 5 to 7:

" 5.

the detailed implementation of the due diligence obligations with regard to money laundering and terrorist financing;

6.

the establishment of risk profiles in relation to business relations with regard to money laundering and terrorist financing; and

7.

Guidance on extended due diligence obligations for risky operations in relation to money laundering and terrorist financing. "

4. In § 91 (4) (3), the point is given by the word "or" replaced and the following Z 4 shall be added:

" 4.

the transfer and processing of information, including in the form of electronic databases and information-sharing systems, for the assessment of partiality and exclusivity in the network, including network members abroad, Acquisition of a statutory auditor's mandate and during the execution of the auditor's mandate by network members (§ § 270 (1a), 271 to 271c of the Corporate Code, dRGBl. S 219/1897). "

5. According to § 98, the following § § 98a to 98j together with headline are inserted:

" 2. Section

Measures to prevent money laundering and terrorist financing

General

§ 98a. (1) The provisions of this section shall apply to the area of trade-related trades:

1.

Directive 2005 /60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, OJ L 327, 22.12.2005. No. OJ L 309, 25.11.2009, p. 15 ('the following ': 3. Money laundering directive) and

2.

The recommendations of the Financial Action Task Force (FATF) in the field of money laundering and terrorist financing, to the extent that they are available in the 3. In addition, the Directive provides for requirements which go beyond the Directive.

(2) Competent authority for reporting purposes within the meaning of this section is the Money Laundering Office (Bundeskriminalamt-Gesetz, BGBl, Bundeskriminalamt-Gesetz, BGBl, Bundeskriminalamt-Gesetz, BGBl. I n ° 22/2002).

(3) Professional persons are obliged to set due diligence obligations in accordance with the provisions of this section:

1.

On the grounds of a business relationship or

2.

in the case of occasional transactions of EUR 15 000 or more, whether the transaction is carried out in a single operation or in a number of operations between which a link appears to exist, or

3.

in the event of suspected money laundering or terrorist financing, or

4.

in case of doubt, the authenticity or the correctness or the appropriateness of customer identification data.

(4) The reasons for a business relationship within the meaning of this section shall be deemed to be the case if further services or orders are made beyond a free initial consultation.

(5) In the cases referred to in paragraph 3 (3) (3) and (4), the duty of care shall be set, notwithstanding any possible derogations, exemptions or thresholds.

Duty of care

§ 98b. (1) The duty of care shall, in any case, include:

1.

the identification and verification of the identity of the contracting entity on the basis of documents, data and information originating from a credible and independent source, including the presentation of a current official photo ID proof of identity is sufficient,

1a.

in the case of the contracting authority acting as a representative of a third party, the representative's power of representation,

2.

the identification requirement relating to the beneficial owner,

3.

the submission of final documents, such as a company statement, if the contracting authority is a company, a company or other legal entity, in any case the official statements of light by the to present representatives of persons representing the company in a representative composition,

4.

the verification of the identity of the beneficial owner, taking risk-based and appropriate measures, and in particular to make it understandable to the contracting authority's ownership and control structure;

5.

the collection of information about the purpose and the nature of the business relationship,

6.

Take risk-based and appropriate measures to ensure continuous monitoring of the business relationship, including a review of the transactions carried out in the course of the business relationship, in order to ensure: that they are consistent with the knowledge of the contracting entities, their business activities and their risk profile, including, where necessary, the origin of the money or financial resources, and guarantee that the documents concerned, data or information is always updated,

7.

the implementation of procedures to establish whether the contracting authority is a politically exposed person within the meaning of section 98d (1) (3) and

8.

increased and special attention, in particular to those activities and transactions of which it is particularly obvious that they might be related to money laundering or terrorist financing, in particular complex or unusual large transactions, as well as all uncommon patterns of transactions, with no apparent economic or recognizable legitimate purpose. In such cases, the background and the purpose of such transactions shall, as far as possible, be examined and the results recorded in writing and kept for the competent authorities.

(2) The economic owner shall be the natural persons in whose ownership or under the control of which the contracting entity is placed, or the natural person on whose behalf a transaction or activity is carried out. This includes:

1)

for companies:

a)

natural persons, in the ownership or under the control of which a legal entity is responsible for the direct or indirect holding or control of a share of at least 25vH plus a share of shares or voting rights, including holdings in The form of bearer shares, unless the company is listed on a regulated market, is subject to the disclosure requirements corresponding to Community law, or is subject to equivalent international standards, or

b)

natural persons exercising control over the management of a legal entity in another way; or

2)

in the case of legal entities, such as foundations, and in the case of legal agreements, such as trustees, which administer or distribute funds:

a)

natural persons, if the future beneficiaries have already been determined, the beneficiaries of 25vH or more of the assets of a legal entity or of a legal agreement; or

b)

the group of persons-provided that the individuals who are the beneficiaries of the legal entity or the legal agreement have not yet been determined-in the interest of which the legal entity or the legal business agreement is mainly effective in the interest of the group of persons. has been or has been built, or

c)

natural persons who exercise control over 25vH or more of the property of a legal entity or an agreement on the legal business.

(3) The scope of the due diligence obligations referred to in paragraph 1 (1) (4) and (6) shall be based on a basis corresponding to the risk of the business relationship that can be recognized as a whole. For this purpose, the nature of the contracting entity, the business relationship, the service provided or the transaction shall be taken into account in an appropriate manner with regard to the risks of money laundering and terrorist financing.

(4) A determination and verification of the identity of the client pursuant to paragraph 1 (1) (1) and (2) shall be carried out prior to the establishment of a business relationship or the settlement of a transaction. This can be completed on the basis of a business relationship if it is

1.

is necessary to avoid interruption of the normal course of business; and

2.

there is a low risk of money laundering or terrorist financing. In such a case, the relevant procedures shall be concluded immediately after the first contact.

(5) If compliance with the due diligence obligations referred to in paragraph 1 is not possible, a business relationship shall not be established or shall not be justified. a transaction is not settled. Existing business relationships should be terminated in this case. In addition, a notification shall be made to the Authority.

(6) (5) is in the context of an assessment of the client's legal position or in the course of an activity as a defender or representative of the adjudicating entity in or in connection with a court or other administrative procedure, including: advice on the operation or avoidance of a procedure, not to be applied.

Simplified due diligence obligations

§ 98c. Persons entitled to work may apply less than the obligations laid down in Article 98b (1), (3), (4) and (5) in the following cases, subject to an assessment as a low risk of money laundering and terrorist financing, if the The contracting authority shall be:

1.

a credit or financial institution in accordance with § 1 (1) and (2) or pursuant to Art. 3 of the 3. Money laundering Directive or a credit or financial institution established in a third country shall be subject to the same obligations as those set out in the third paragraph of this Article. is subject to the obligations of money laundering Directive and is subject to supervision in respect of compliance with the Directive; or

2.

a publicly traded company whose securities are admitted to trading on a regulated market in one or more Member States, or listed companies from third countries which are listed in accordance with Article 85 (10) of the Stock exchange law 1989, BGBl. N ° 555, the Regulation to be adopted by the Financial Market Supervisory Authority shall be subject to disclosure requirements equivalent to or comparable to Community law, or

3.

national authorities, or

4.

public authorities or public bodies,

a)

where they have been entrusted with public tasks on the basis of the Treaty on European Union, the Treaties establishing the European Communities or the secondary legislation of the Community,

b)

whose identity shall be publicly verifiable and transparent and shall be established without any doubt,

c)

whose activities and accounting practices are transparent, and

d)

where these are either accountable to an institution of the Community or the authorities of a Member State, or if they exist for other control and counter-control mechanisms to verify their activities.

Increased due diligence obligations

§ 98d. (1) In addition to the due diligence obligations set out in § § 98b and 98c, for business relationships in which their nature may be at an increased risk of money laundering or terrorist financing, the duty of care shall be increased. and to subject the business relationship to increased continuous monitoring. These must be determined on the basis of a risk-based assessment. In particular in the following cases, increased due diligence obligations shall be applied:

1.

Where the contracting authority was not present for the identification of the identity (distance business), specific and appropriate measures should be taken, for example by applying one or more of the following measures:

a)

A letter of order shall be sent to the stated address of the client with registered mail. The contracting authority shall be required to:

aa)

a copy of an official photograph of an official photograph of the contract to be returned to the order to be returned, which shall enable the data provided by the contracting authority to be verified; and

bb)

To enclose a written confirmation of a reliable guarantee about the correctness of the transferred copy. Reliable persons in this sense are courts and other public authorities, notaries, lawyers and credit institutions, provided that they do not have their official sphere of activity, registered office or place of residence in a non-cooperation country,

b)

On the occasion of the transaction, the first payment shall be made via an account held in the name of the payer at a credit institution within the meaning of Section 40 (8) of the Banking Act, BGBl. No 532/1993; in any event, however, they must be aware of the name, date and address of the contracting authority, the firm and the registered office of legal persons and copies of the documents of the contracting authority, on the basis of the information provided by the contracting authority, or its representative natural person can be credibly understood. In place of these copies, it is sufficient if a written confirmation from the credit institution is available on which the first payment is to be made, that the client is in the sense of § 40 (1), (2), (2a) and (2e) of the Banking Act, BGBl. No 532/1993, or Article 8 (1) (lit). a to c of the 3. Money laundering directive has been identified; or

c)

the identity is given by a qualified electronic signature according to § 2 Z 3a of the Signature Act, BGBl. I n ° 190/1999.

2.

In respect of transactions or business relations with respect to politically exposed persons from other Member States or third countries, such persons being considered to be those persons who are only politically active in the course of the business relationship. , the following measures shall be taken:

a)

Compliance with appropriate and risk-based procedures for determining whether the contracting entity is a politically exposed person,

b)

Inclusion of the business relationship by the professional person himself or herself or in the case of companies by professional persons, in the form of a representative body,

c)

Take appropriate measures to determine the origin-both directly and indirectly-of the assets and the funds used in the framework of the business relationship or the transaction,

d)

Subject the business relationship to increased ongoing monitoring and

e)

Obtaining the approval of the management level before business relations with politically exposed persons can be recorded.

3.

Persons who are politically exposed are: those natural persons performing important public offices and their immediate family members or persons known to them, without prejudice to the persons involved in the context of the enhanced However, due diligence obligations to clients on a risk-based basis are not the duty of the professional, a person who has no longer an important public office for at least one year, as a political person. to be exposed.

a)

"Important Public Offices" are the following functions:

aa)

Heads of State, Heads of Government, Ministers, Deputy Ministers and State Secretaries;

bb)

Members of Parliament;

cc)

members of the highest courts, constitutional courts or other high-ranking institutions of the judiciary, whose decisions, except in exceptional circumstances, cannot be brought to justice;

dd)

members of the courts or the executive board of central banks;

ee)

Ambassadors, business leaders or high-ranking officers of the armed forces;

ff)

Members of the administrative, managerial or supervisory bodies of public undertakings.

Sublit. aa to ee are also valid for positions at Community level and for positions in international organisations.

b)

The following shall be considered as "immediate family members":

aa)

Spouse;

bb)

the partner equal to the spouse in accordance with national law;

cc)

the children and their spouses or partners who, under national law, are the same as the spouse;

dd)

the parents.

c)

The following persons shall be deemed to be "persons known to be close to persons":

aa)

any natural person who is known to be the joint economic owner of legal entities, such as foundations or trusts, or other close business relations with a holder of an important public office, to the holder of an important public office;

bb)

any natural person who is the sole economic owner of legal entities, such as foundations, or trusts, which are known to have been actually built for the benefit of the holder of an important public office.

(2) Specific attention should be paid to the benefits and transactions which may facilitate anonymity and shall be taken with regard to these measures if necessary.

Increased risk-Non-FATF conformant countries

§ 98e. (1) The Federal Minister for Economic Affairs, Youth and the Family may, by means of a regulation relating to types of customers, business relationships or transactions, establish further cases in which their nature is at an increased risk of money laundering or terrorist financing, in particular in relation to States in which, according to the credible source, there is an increased risk of money laundering and terrorist financing and, in addition to that, to those who are entitled to the terrorist financing Obligations of this section require further appropriate due diligence obligations and the Professionals undertake to subject this business relationship to increased continuous monitoring.

(2) Professional persons are obliged to pay special attention to business relations and transactions with persons from and in countries which have not implemented the FATF recommendations insufficiently, and in any case the increased Duty of care to be applied in accordance with § 98d. If no apparent economic or recognizable legitimate purpose is established in such business relationships or transactions, the professionals shall, as far as possible, have the background and purpose of such business relationships. and to record transactions and record the results in writing. The records shall be kept for the competent authorities within the meaning of Section 98i.

Execution by third parties

§ 98f. (1) With regard to the duty of care enumerated in § 98b (1) (1) to (3), the performance of these duties by third parties can be used. However, the final responsibility for the performance of these duties shall remain with that person entitled to take part in one or more third parties.

(2) In order to be able to fall back on the fulfilment of the due diligence obligations by third parties, the following conditions must be fulfilled:

1.

They are subject to a legally recognised compulsory registration of their profession,

2.

they are obliged to do so in the 3. to comply with the requirements laid down in the Directive; and

3.

the person entitled to the profession shall immediately receive the necessary information, at least in the form of copies of the underlying documents, in order to comply with the duty of due diligence in accordance with § § 98b to 98d.

Reporting requirements

§ 98g. (1) Professional persons shall be obliged to inform the Authority of their own right immediately if:

1.

they are aware of the suspicion or legitimate reason to believe that an attempted, impending, ongoing or already existing transaction related to assets that are made up of one of those in § 165 of the Criminal Code, BGBl. No 60/1974, enumerated criminal acts involving the components of assets stemming from a criminal act of the perpetrator himself, or

2.

they are aware of the suspicion or legitimate reason to believe that an asset is a part of a criminal act listed in § 165 of the Criminal Code, including assets that are subject to a criminal offence, and that the criminal act is a criminal offence. the action of the perpetrator himself, or

3.

they are aware of the suspicion or justifiable reason to believe that the attempted, impending, ongoing or already existing transaction or the asset in connection with a criminal organisation pursuant to Section 278 of the Penal code or a terrorist group according to § 278b of the Criminal Code or a terrorist group according to § 278c of the Criminal Code or the terrorist financing pursuant to § 278d of the Criminal Code, BGBl. No 60/1974, or

4.

a customer does not comply with a request in connection with the identification of the economically authorized person.

(2) In order to clarify the facts and the statement by the Authority, professional persons shall have any further processing of a transaction or the execution of orders from which they suspect, have the suspicion or have the legitimate reason to do so. To assume that they are related to, or serve, money laundering or terrorist financing, and to report that fact to the Authority in accordance with the provisions of paragraph 1. Such records shall be drawn up in a suitable manner and shall be kept for at least five years after the examination.

(3) The professional authorities shall be entitled to require the authority to decide whether there are concerns about the immediate implementation of orders. If the competent authority does not express its opinion by the end of the following working day, the order may be carried out without delay.

(4) If, however, the renunciation of the conduct of the business is not possible or if the determination of the facts or the freezing of the assets is made more difficult or prevented by such a waiver, the person entitled to the profession shall have the right to Federal Criminal Police Office immediately afterwards to provide the necessary information.

(5) The competent authority shall, in all cases, provide, at the request of the competent authority, information which it appears necessary to prevent or prosecute money laundering, to the competent authority, as well as to its staff and employees. The transmission may be carried out by persons specially commissioned by the professional. In order to carry out these tasks, the competent authority shall be empowered to identify and process the data required for this purpose by natural and legal persons and other entities with legal personality. The competent authority is also empowered to use personal data on contracting entities which they have identified in the event of the enforcement of federal or state laws and to exchange information with those of other countries to which the fight against Money laundering and terrorist financing.

(6) The obligation to notify is not applicable to those who are entitled to work, if the information is information which:

1.

receive or obtain them from one or more of their clients in the context of the assessment of the legal situation for them, or

2.

in the course of its activities as a defender or representative of that client, in a court or other administrative procedure, or

3.

in respect of such a procedure, including advice on the operation or avoidance of such a procedure, before or after such a procedure or during such a procedure, or obtained.

(7) The reporting obligation shall, however, remain in place if the professional persons know that the client is aware of their legal advice deliberately for the purpose of money laundering or terrorist financing.

(8) A notification to the Authority in good faith shall not constitute a breach of any contractual or by law or regulation, in particular the restrictions on the disclosure of information regulated in § 91. The liability of the professional or its senior staff or their employees cannot be justified in this.

Prohibition of the provision of information

§ 98h. (1) The reimbursement of a notification to the Authority and any related transactions to the adjudicating entity and to third parties shall be kept secret by professionals and their senior staff and their employees.

(2) The prohibition referred to in paragraph 1 shall be subject to the provision of information to foreign professional persons in Member States or in third countries where the third party is responsible for the provision of information. Money laundering Directive are subject to equivalent requirements, if they operate in the same company or within the framework of a network. In this context, the Network shall be understood to be a more comprehensive structure of those persons who are members of those persons who have joint ownership or joint management or joint control with regard to compliance with the rules. Prevention of money laundering and terrorist financing.

(3) Information may be disclosed solely for the purpose of preventing money laundering and terrorist financing to other, including foreign, professional persons, provided that it is the same contracting entity and the same transaction , where these persons are involved. In the case of the transfer of information to a foreign professional, this may only be done on the condition that it is the third party to the 3. It is subject to equivalent obligations and is subject to equivalent obligations in respect of professional confidentiality (§ 91 of the WTBG) and the protection of personal data.

(4) An attempt to prevent a contracting entity from committing an illegal act shall not be considered as a disclosure of information within the meaning of paragraph 1.

Retention duties

§ 98i. To retain those entitled to work:

1.

documents which are to be identified, at least five years after the last business case, with the contracting authority; and

2.

of all transactions and business relationships of supporting documents and records, at least five years after their implementation.

Organisational measures

§ 98j. (1) Professional persons must take appropriate measures to prevent money laundering and terrorist financing. In particular,

1.

to introduce appropriate and appropriate strategies and procedures for:

a)

The observance of due diligence obligations towards customers,

b)

Disdain,

c)

the retention of records;

d)

the risk assessment and risk management in relation to business relationships and transactions; and

e)

appropriate control and information systems in their law firms, and

2.

the personnel involved in their law firm

a)

be demonstrably familiar with the provisions designed to prevent and combat money laundering and terrorist financing, and

b)

in special training programmes.

(2) In companies, a legal representative shall be set up as agent for money laundering and terrorist financing matters. This shall be responsible for compliance with the provisions of paragraph 1.

(3) Already in the case of recruitment of staff, this shall be subject to a review of money laundering and terrorist financing. "

6. § 116 reads:

" § 116. (1) Provided that the action does not constitute a criminal offence within the jurisdiction of the courts, an administrative surrender punishable by a fine of EUR 400 up to EUR 20 000 shall be subject to a penalty of administrative offences, who shall be liable to:

1.

not to be a professional or authorized service provider in accordance with § 231 (1) and (2), independently exercise a business-shuffled profession or offer any of the activities listed in § § 3 and 5 without having the necessary authority, or

2.

a professional title in accordance with § § 67 or 84 shall be used without authorization, or

3.

the obligation to secrecy in accordance with § 91, without being discourted from it, or

4.

in § § 98a to 98f and in § § 98h to 98j or a mandatory duty in the exercise directive in accordance with § 83 concerning measures for the prevention of money laundering and counter-terrorism, or

5.

the obligation to maintain the professional title in accordance with Section 231 (3), or

6.

the obligation to provide information pursuant to Section 231 (4) is not or is not fully complied with.

(2) Any person who, contrary to the provisions of § 98g, fails to inform the Authority immediately or to provide the necessary information or to issue documents, shall be responsible, provided that the facts do not fall within the jurisdiction of the courts. , it constitutes a criminal offence punishable by a fine of EUR 400 up to EUR 30 000. '

7. The following paragraph 3 is added to § 234:

" (3) With the enforcement of § 98g (5), (3). and 4. The Federal Minister of the Interior is responsible for the sentence. "

Article 3

Amendment to the Accounting Accounting Act

The Accounting Accounting Act BGBl. I n ° 161/2006, as last amended by the Federal Law BGBl. I n ° 135/2009, shall be amended as follows:

1. In § 69 (2) (4), the word "and" shall be replaced by a dash and shall be inserted after the following paragraphs 6 to 8, in accordance with paragraph 5:

" 6.

the detailed implementation of the due diligence obligations with regard to money laundering and terrorist financing;

7.

the establishment of risk profiles in relation to business relations with regard to money laundering and terrorist financing; and

8.

Guidance on extended due diligence obligations for risky operations in relation to money laundering and terrorist financing. "

2. In accordance with § 79, the following § § 79a to 79j together with headline are inserted:

" 2. Section

Measures to prevent money laundering and terrorist financing

General

§ 79a. (1) The provisions of this section shall include for the area of balance sheet accounting professions:

1.

the 3. Money laundering Directive 2005 /60/EC on prevention of the use of the financial system for the purpose of money laundering and terrorist financing OJ L 327, 22.12.2005, p. No. OJ L 309, 25.11.2009, p. 15 ('the following ': 3. Money laundering directive) and

2.

The recommendations of the Financial Action Task Force (FATF) in the field of money laundering and terrorist financing, to the extent that they are available in the 3. In addition, the Directive provides for requirements which go beyond the Directive.

(2) Competent authority for reporting purposes within the meaning of this section is the Money Laundering Office (Bundeskriminalamt-Gesetz, BGBl, Bundeskriminalamt-Gesetz, BGBl, Bundeskriminalamt-Gesetz, BGBl. I n ° 22/2002).

(3) Professional persons are obliged to set due diligence obligations in accordance with the provisions of this section:

1.

On the grounds of a business relationship or

2.

in the case of occasional transactions of EUR 15 000 or more, whether the transaction is carried out in a single operation or in a number of operations between which a link appears to exist, or

3.

in the event of suspected money laundering or terrorist financing, or

4.

in case of doubt, the authenticity or the correctness or the appropriateness of customer identification data.

(4) The reasons for a business relationship within the meaning of this section shall be deemed to be the case if further services or orders are made beyond a free initial consultation.

(5) In the cases referred to in paragraph 3 (3) and (4), the duty of care shall be set, notwithstanding any possible derogations, exemptions or thresholds.

Duty of care

§ 79b. (1) The duty of care shall, in any case, include:

1.

the identification and verification of the identity of the contracting entity on the basis of documents, data and information originating from a credible and independent source, including the presentation of a current official photo ID proof of identity is sufficient,

1a.

in the case of the contracting authority acting as a representative of a third party, the representative's power of representation,

2.

the identification requirement relating to the beneficial owner,

3.

the submission of final documents, such as a company statement, if the contracting authority is a company, a company or other legal entity, in any case the official statements of light by the to present representatives of persons representing the company in a representative composition,

4.

the verification of the identity of the beneficial owner, taking risk-based and appropriate measures, and in particular to make it understandable to the contracting authority's ownership and control structure;

5.

the collection of information about the purpose and the nature of the business relationship,

6.

Take risk-based and appropriate measures to ensure continuous monitoring of the business relationship, including a review of the transactions carried out in the course of the business relationship, in order to ensure: that they are consistent with the knowledge of the contracting entities, their business activities and their risk profile, including, where necessary, the origin of the money or financial resources, and guarantee that the documents concerned, data or information is always updated,

7.

the implementation of procedures to establish whether the contracting entity is a politically exposed person within the meaning of section 79d (1) (3) and

8.

increased and special attention, in particular to those activities and transactions of which it is particularly obvious that they might be related to money laundering or terrorist financing, in particular complex or unusual large transactions, as well as all uncommon patterns of transactions, with no apparent economic or recognizable legitimate purpose. In such cases, the background and the purpose of such transactions shall, as far as possible, be examined and the results recorded in writing and kept for the competent authorities.

(2) The economic owner is the natural person in whose ownership or under the control of which the contracting entity is placed, or the natural person on whose behalf a transaction or activity is carried out. This includes:

1)

for companies:

a)

natural persons, in the ownership or under the control of which a legal entity is responsible for the direct or indirect holding or control of a share of at least 25vH plus a share of shares or voting rights, including holdings in The form of bearer shares, unless the company is listed on a regulated market, is subject to the disclosure requirements corresponding to Community law, or is subject to equivalent international standards, or

b)

natural persons exercising control over the management of a legal entity in another way; or

2)

in the case of legal entities, such as foundations, and in the case of legal agreements, such as trustees, which administer or distribute funds:

a)

natural persons, if the future beneficiaries have already been determined, the beneficiaries of 25vH or more of the assets of a legal entity or of a legal agreement; or

b)

the group of persons-provided that the individuals who are the beneficiaries of the legal entity or the legal agreement have not yet been determined-in the interest of which the legal entity or the legal business agreement is mainly effective in the interest of the group of persons. has been or has been built, or

c)

natural persons who exercise control over 25vH or more of the property of a legal entity or an agreement on the legal business.

(3) The scope of the due diligence obligations referred to in paragraph 1 (1) (4) and (6) shall be based on a basis corresponding to the risk of the business relationship that can be recognized as a whole. For this purpose, the nature of the contracting entity, the business relationship, the service provided or the transaction shall be taken into account in an appropriate manner with regard to the risks of money laundering and terrorist financing.

(4) A determination and verification of the identity of the client pursuant to paragraph 1 (1) (1) and (2) shall be carried out prior to the establishment of a business relationship or the settlement of a transaction. This can be completed on the basis of a business relationship if it is

1.

is necessary to avoid interruption of the normal course of business; and

2.

there is a low risk of money laundering or terrorist financing. In such a case, the relevant procedures shall be concluded immediately after the first contact.

(5) If compliance with the due diligence obligations referred to in paragraph 1 is not possible, a business relationship shall not be established or shall not be justified. a transaction is not settled. Existing business relationships should be terminated in this case. In addition, a notification shall be made to the Authority.

Simplified due diligence obligations

§ 79c. Persons entitled to work may apply less than the obligations laid down in Article 79b (1), (3), (4) and (5) in the following cases, subject to an assessment as a low risk of money laundering and terrorist financing, if the The contracting authority shall be:

1.

a credit or financial institution in accordance with § 1 (1) and (2) or pursuant to Art. 3 of the 3. Money laundering Directive or a credit or financial institution established in a third country shall be subject to the same obligations as those set out in the third paragraph of this Article. is subject to the obligations of money laundering Directive and is subject to supervision in respect of compliance with the Directive; or

2.

a publicly traded company whose securities are admitted to trading on a regulated market in one or more Member States, or listed companies from third countries which are listed in accordance with Article 85 (10) of the Stock exchange law 1989, BGBl. N ° 555, the Regulation to be adopted by the Financial Market Supervisory Authority shall be subject to disclosure requirements equivalent to or comparable to Community law, or

3.

national authorities, or

4.

public authorities or public bodies,

a)

where they have been entrusted with public tasks on the basis of the Treaty on European Union, the Treaties establishing the European Communities or the secondary legislation of the Community,

b)

whose identity shall be publicly verifiable and transparent and shall be established without any doubt,

c)

whose activities and accounting practices are transparent, and

d)

where these are either accountable to an institution of the Community or the authorities of a Member State, or if they exist for other control and counter-control mechanisms to verify their activities.

Increased due diligence obligations

§ 79d. (1) In addition to the due diligence obligations set out in § § 79b and 79c, for business relationships in which their nature can be at an increased risk of money laundering or terrorist financing, the duty of care shall be increased. and to subject the business relationship to increased continuous monitoring. These must be determined on the basis of a risk-based assessment. In particular in the following cases, increased due diligence obligations shall be applied:

1.

Where the contracting authority was not present for the identification of the identity (distance business), specific and appropriate measures should be taken, for example by applying one or more of the following measures:

a)

A letter of order shall be sent to the stated address of the client with registered mail. The contracting authority shall be required to:

aa)

a copy of an official photograph of an official photograph of the contract to be returned to the order to be returned, which shall enable the data provided by the contracting authority to be verified; and

bb)

To enclose a written confirmation of a reliable guarantee about the correctness of the transferred copy. Reliable persons in this sense are courts and other public authorities, notaries, lawyers and credit institutions, provided that they do not have their official sphere of activity, registered office or place of residence in a non-cooperation country,

b)

On the occasion of the transaction, the first payment shall be made via an account held in the name of the payer at a credit institution within the meaning of Section 40 (8) of the Banking Act, BGBl. No 532/1993; in any event, however, they must be aware of the name, date and address of the contracting authority, the firm and the registered office of legal persons and copies of the documents of the contracting authority, on the basis of the information provided by the contracting authority, or its representative natural person can be credibly understood. In place of these copies, it is sufficient if a written confirmation from the credit institution is available on which the first payment is to be made, that the client is in the sense of § 40 (1), (2), (2a) and (2e) of the Banking Act, BGBl. No 532/1993, or Article 8 (1) (lit). a to c of the 3. Money laundering directive has been identified; or

c)

the identity is given by a qualified electronic signature according to § 2 Z 3a of the Signature Act, BGBl. I n ° 190/1999.

2.

In respect of transactions or business relations with respect to politically exposed persons from other Member States or third countries, such persons being considered to be those persons who are only politically active in the course of the business relationship. , the following measures shall be taken:

a)

Compliance with appropriate and risk-based procedures for determining whether the contracting entity is a politically exposed person,

b)

Inclusion of the business relationship by the professional person himself or herself or in the case of companies by professional persons, in the form of a representative body,

c)

Take appropriate measures to determine the origin-both directly and indirectly-of the assets and the funds used in the framework of the business relationship or the transaction,

d)

Subject the business relationship to increased ongoing monitoring and

e)

Obtaining the approval of the management level before business relations with politically exposed persons can be recorded.

3.

Persons who are politically exposed are: those natural persons performing important public offices and their immediate family members or persons known to them, without prejudice to the persons involved in the context of the enhanced However, due diligence obligations to clients on a risk-based basis are not the duty of the professional, a person who has no longer an important public office for at least one year, as a political person. to be exposed.

a)

"Important Public Offices" are the following functions:

aa)

Heads of State, Heads of Government, Ministers, Deputy Ministers and State Secretaries;

bb)

Members of Parliament;

cc)

members of the highest courts, constitutional courts or other high-ranking institutions of the judiciary, whose decisions, except in exceptional circumstances, cannot be brought to justice;

dd)

members of the courts or the executive board of central banks;

ee)

Ambassadors, business leaders or high-ranking officers of the armed forces;

ff)

Members of the administrative, managerial or supervisory bodies of public undertakings.

Sublit. aa to ee are also valid for positions at Community level and for positions in international organisations.

b)

The following shall be considered as "immediate family members":

aa)

Spouse;

bb)

the partner equal to the spouse in accordance with national law;

cc)

the children and their spouses or partners who, under national law, are the same as the spouse;

dd)

the parents.

c)

The following persons shall be deemed to be "persons known to be close to persons":

aa)

any natural person who is known to be the joint economic owner of legal entities, such as foundations or trusts, or other close business relations with a holder of an important public office, to the holder of an important public office;

bb)

any natural person who is the sole economic owner of legal entities, such as foundations, or trusts, which are known to have been actually built for the benefit of the holder of an important public office.

(2) Specific attention should be paid to the benefits and transactions which may facilitate anonymity and shall be taken with regard to these measures if necessary.

Increased risk-Non-FATF conformant countries

§ 79e. (1) The Federal Minister for Economic Affairs, Youth and the Family may, by means of a regulation relating to types of customers, business relationships or transactions, establish further cases in which their nature is at an increased risk of money laundering or terrorist financing, in particular in relation to States in which, according to the credible source, there is an increased risk of money laundering and terrorist financing and, in addition to that, to those who are entitled to the terrorist financing Obligations of this section require further appropriate due diligence obligations and the Professionals undertake to subject this business relationship to increased continuous monitoring.

(2) Professional persons are obliged to pay special attention to business relations and transactions with persons from and in countries which have not implemented the FATF recommendations insufficiently, and in any case the increased Duty of care in accordance with § 79d. If no apparent economic or recognizable legitimate purpose is established in such business relationships or transactions, the professionals shall, as far as possible, have the background and purpose of such business relationships. and to record transactions and record the results in writing. The records shall be kept for the competent authorities within the meaning of section 79i.

Execution by third parties

§ 79f. (1) With regard to the duty of care enumerated in § 79b (1) (1) to (3), the performance of these duties by third parties can be used. However, the final responsibility for the performance of these duties shall remain with that person entitled to take part in one or more third parties.

(2) In order to be able to fall back on the fulfilment of the due diligence obligations by third parties, the following conditions must be fulfilled:

1.

They are subject to a legally recognised compulsory registration of their profession,

2.

they are obliged to do so in the 3. to comply with the requirements laid down in the Directive; and

3.

the person entitled to the profession shall immediately receive the necessary information, at least in the form of copies of the underlying documents, in order to fulfil the due diligence requirements set out in § § 79b to 79d.

Reporting requirements

§ 79g. (1) Professional persons shall be obliged to inform the Authority of their own right immediately if:

1.

they are aware of the suspicion or legitimate reason to believe that an attempted, impending, ongoing or already existing transaction related to assets that are made up of one of those in § 165 of the Criminal Code, BGBl. No 60/1974, enumerated criminal acts involving the components of assets stemming from a criminal act of the perpetrator himself, or

2.

they are aware of the suspicion or legitimate reason to believe that an asset of a criminal offence enumerated in § 165 of the Criminal Code shall be subject to the inclusion of assets that are derived from a criminal offence of the perpetrator himself, or

3.

they are aware of the suspicion or justifiable reason to believe that the attempted, impending, ongoing or already existing transaction or the asset in connection with a criminal organisation pursuant to Section 278 of the a penal code or a terrorist organisation according to § 278b of the Criminal Code or a terrorist group pursuant to Section 278c of the Criminal Code or the financing of terrorism pursuant to Section 278d of the Criminal Code, or

4.

a customer does not comply with a request in connection with the identification of the economically authorized person.

(2) In order to clarify the facts and the statement by the Authority, professional persons shall have any further processing of a transaction or the execution of orders from which they suspect, have the suspicion or have the legitimate reason to do so. To assume that they are related to, or serve, money laundering or terrorist financing, and to report that fact to the Authority in accordance with the provisions of paragraph 1. Such records shall be drawn up in a suitable manner and shall be kept for at least five years after the examination.

(3) The professional authorities shall be entitled to require the authority to decide whether there are concerns about the immediate implementation of orders. If the competent authority does not express its opinion by the end of the following working day, the order may be carried out without delay.

(4) If, however, the renunciation of the conduct of the business is not possible or if the determination of the facts or the freezing of the assets is made more difficult or prevented by such a waiver, the person entitled to the profession shall have the right to Federal Criminal Police Office immediately afterwards to provide the necessary information.

(5) The competent authority shall, in all cases, provide, at the request of the competent authority, information which it appears necessary to prevent or prosecute money laundering, to the competent authority, as well as to its staff and employees. The transmission may be carried out by persons specially commissioned by the professional. In order to carry out these tasks, the competent authority shall be empowered to identify and process the data required for this purpose by natural and legal persons and other entities with legal personality. The competent authority is also empowered to use personal data on contracting entities which they have identified in the event of the enforcement of federal or state laws and to exchange information with those of other countries to which the fight against Money laundering and terrorist financing.

(6) A notification of good faith to the Authority shall not constitute a breach of any contractual or legislative or regulatory action, in particular the restrictions on the disclosure of information regulated in § 76. The liability of the professional or its senior staff or their employees cannot be justified in this.

Prohibition of the provision of information

§ 79h. (1) The reimbursement of a notification to the Authority and any related transactions to the adjudicating entity and to third parties shall be kept secret by professionals and their senior staff and their employees.

(2) The prohibition referred to in paragraph 1 shall be subject to the provision of information to foreign professional persons in Member States or in third countries where the third party is responsible for the provision of information. Money laundering Directive are subject to equivalent requirements, if they operate in the same company or within the framework of a network. In this context, the Network shall be understood to be a more comprehensive structure of those persons who are members of those persons who have joint ownership or joint management or joint control with regard to compliance with the rules. Prevention of money laundering and terrorist financing.

(3) Information may be disclosed solely for the purpose of preventing money laundering and terrorist financing to other, including foreign, professional persons, provided that it is the same contracting entity and the same transaction , where these persons are involved. In the case of the transfer of information to a foreign professional, this may only be done on the condition that it is the third party to the 3. The Directive is subject to equivalent obligations and is subject to equivalent obligations in respect of professional confidentiality (§ 76) and the protection of personal data.

(4) An attempt to prevent a contracting entity from committing an illegal act shall not be considered as a disclosure of information within the meaning of paragraph 1.

Retention duties

§ 79i. To retain those entitled to work:

1.

documents which are to be identified, at least five years after the last business case, with the contracting authority; and

2.

of all transactions and business relationships of supporting documents and records, at least five years after their implementation.

Organisational measures

§ 79j. (1) Professional persons must take appropriate measures to prevent money laundering and terrorist financing. In particular,

1.

to introduce appropriate and appropriate strategies and procedures for:

a)

The observance of due diligence obligations towards customers,

b)

Disdain,

c)

the retention of records;

d)

the risk assessment and risk management in relation to business relationships and transactions; and

e)

appropriate control and information systems in their law firms, and

2.

the personnel involved in their law firm

a)

be demonstrably familiar with the provisions designed to prevent and combat money laundering and terrorist financing, and

b)

in special training programmes.

(2) In companies, a legal representative shall be set up as agent for money laundering and terrorist financing matters. This shall be responsible for compliance with the provisions of paragraph 1.

(3) Already in the case of recruitment of staff, this shall be subject to a review of money laundering and terrorist financing. "

§ 89 reads as follows:

" § 89. (1) Provided that the action does not constitute a criminal offence within the jurisdiction of the courts, an administrative surrender punishable by a fine of EUR 400 up to EUR 20 000 shall be subject to a penalty of administrative offences, who shall be liable to:

1.

be without a professional or authorized service provider in accordance with Section 100 (1) and (2), exercise a balance-sheet accounting profession independently or offer any of the activities listed in § § 2 to 4 without having the necessary authority, or

2.

a professional title in accordance with § § 58 or 70 shall be used without authorization, or

3.

the obligation to secrecy in accordance with § 76, without being discourted from it, or

4.

in § § 79a to 79f and in § § 79h to 79j or a duty in the exercise directive in accordance with § 69 concerning measures for the prevention of money laundering and counter-terrorism, or

5.

the obligation to maintain the professional title in accordance with Section 100 (3), or

6.

the obligation to provide information in accordance with Section 100 (4) is not or is not fully complied with.

(2) If, contrary to the provision of § 79g, it is not possible to inform the authority immediately or to provide the necessary information or to issue documents, it shall be carried out, provided that the facts do not fall within the jurisdiction of the courts. , it constitutes a criminal offence punishable by a fine of EUR 400 up to EUR 30 000. '

4. In accordance with § 98 (1), the following paragraph 1a is inserted:

"(1a) In respect of the measures to prevent money laundering and the financing of terrorism, the provisions of the 1994 Commercial Code shall apply to tradesmen engaged in the business of" commercial accountants ". No. 194. In respect of the measures to prevent money laundering and the financing of terrorism, irrespective of their place of residence, the provisions of the Economic Scatter Trade Act, BGBl. I No 58/1999. '

5. The following paragraph 2 is added to § 103:

" (2) With the enforcement of § 79g (5), (3). and 4. The Federal Minister of the Interior is responsible for the sentence. "

Fischer

Faymann