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

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39. Federal law that modifies the GewO 1994, the management trust profession Act and the balance sheet accounting law

The National Council has decided:

Article 1

Change of the Gewerbeordnung 1994

The GewO 1994, BGBl. No. 194, as last amended by Federal Law Gazette I no. 8/2010 is amended as follows:

1 § 365m para 1 is added to the following set:

' The articles 365 m to 365z use also in the sense of the recitals of Directive 2005/60/EC also the recommendations of the Working Group "Financial Action Task Force" (FATF) in the field of combating money laundering and the financing of terrorism to in particular in so far as this content set up beyond the requirements of Directive 2005/60/EC. '

2. § 365m paragraph 3 Nos. 2 and 3 are:



"2. estate agents, in particular in terms of both the buyer and seller or both tenant and landlord, 3. consultant including the Organization and in terms of the following under lit." c activities referred to other traders, as justified in particular with regard to Office work and secretarial services, in the provision of the following services for companies or trusts: a) founding of companies or other legal persons, or b) exercise of the function of a Manager or a Director of a company, a partner of a partnership or perception of a comparable position in relation to other legal persons or effect that someone else can perform the above-mentioned functions , or c) related providing a registered office, business, administrative or postal address, and other it services for a company, a partnership or other legal entity or contractual agreement, or d) exercise of the function of a trustee of a trust or a similar legal agreement or effect that another person may exercise the above-mentioned functions, or e) exercising the function of a nominal shareholder for another person "that is not a company quoted on a regulated market, the relevant Community law disclosure requirements or other equivalent international standards is subject to, or effect that another person may exercise the above-mentioned functions"

3. paragraph 365 m section 4:

"(4) the money laundering Registrar (section 4, paragraph 2, of the Federal Criminal Police Office Act, Federal Law Gazette I no. 22/2002) suspected messages in accordance with §§ the 365u takes up 365y." For everyone else not directly the money laundering Registrar (section 4, paragraph 2, of the Federal Criminal Police Office Act, Federal Law Gazette I no. 22/2002) assigned administrative tasks, in particular the ongoing monitoring and ensuring compliance with the paragraphs 365 m to 365z by the trader including the sanctioning of breaches of these provisions, the Authority (article 333) is responsible. The Authority (article 333) has effectively to monitor compliance with the provisions on risk-oriented basis and to take the necessary measures to ensure compliance. While you all come to adequate powers and resources to carry out their tasks, including the ability, all information on the monitoring of the legislation to require and carry out controls and on-site inspections (§ 338)."

4. paragraph 365n Z 1:



"1"Money laundering"the offence pursuant to § 165 Strafgesetzbuch, BGBl. No. 60/1974 amended, taking into account asset components, which from an offence of the offender itself stemming (Eigengeld laundry)" 5. § 365n of no. 4 lit. (a) sub lit. BB) is as follows:



"bb) Parliament members and important representatives of political parties," 6 section 365p para 1 No. 2 is:



"2. If necessary, in addition the identification of the beneficial owner and taking risk-based and adequate measures to verify its identity. In the case of legal persons, trusts and similar legal arrangements, this includes risk-based and adequate measures to determine the ownership and own control structure of the customer as well as the determination, who are the natural persons that ultimately own or control or actually exercise,"7. In article 365p, paragraph 1, 2a is inserted following Z:



"2a. actions of the customer as a representative of a third party within the meaning of no. 2, review the authority of the representative" 8. In section 365p (4), § 365v and section 365y paragraph 2 and paragraph 3 is the word "Registrar" by the words "money laundering Registrar (section 4, paragraph 2, of the Federal Criminal Police Office Act, Federal Law Gazette I no. 22/2002)" replaced.

9 § 365r para 1 first and second half sentence read:

"§ 365r. (1) the trader can individuals who take distance measures laid down in article 365p, paragraph 1 and paragraph 2, and article 365q, paragraph 1, if these are not required due to a low risk of money laundering or of the financing of terrorism and if it is about the customer"

10 § 365r para 2 first and second half sentence read:

"(2) the trader can individuals who also refraining from measures laid down in article 365p, paragraph 1 and paragraph 2, and article 365q, paragraph 1 if they are not required on the basis of a low risk of money laundering or of the financing of terrorism and it is around"

11. in paragraph, first sentence 365 s paragraph 1 is inserted:

"§ 365 s." (1) the trader have on risk-oriented basis compared to the measures laid down in article 365p, paragraph 1 and paragraph 2, and article 365q, paragraph 1 to undergo enhanced due diligence in cases to apply, where nature is an increased risk of money laundering or of the financing of terrorism and the relationship of reinforced continuous monitoring."

12. in section the following last sentence is added 365 s para 3:

"This also applies if the customer was already accepted and with regard to the customer or the beneficial owner in a row that it is a politically exposed person or to a politically exposed person is this result turns out."

13 paragraph 365 s paragraph 5:

"(5) the Federal Ministry of economy, family and youth can set based on types of customers, business relationships, or transactions more cases by regulation, where nature an increased risk of money laundering or terrorist financing is particularly in the context of States, to assume a higher risk of money laundering and the financing of terrorism in which according to credible source is, and for this in addition to the requirements of § 365p require more adequate due diligence professionals and committed professionals ", to undergo this business relationship of reinforced continuous monitoring."

14 § 365t is as follows:

"§ 365 t." The traders have transactions that are particularly suggest a relation with money laundering or terrorist financing to devote especially with people from or in States where according to credible source a higher risk of money laundering and the financing of terrorism is, special attention. The same applies to complex or unusually large transactions or transactions by unüblichem pattern without apparent economic or visible lawful purpose. In such cases, the traders have to examine the background and purpose of such transactions as far as possible and in writing to record the results. The records are to be kept within the meaning of § 365y of the competent authorities."

15 § 365u is as follows:

"§ 365u. (1) the trader and, where appropriate, their directors and employees have



1 the money laundering Clearinghouse (section 4, paragraph 2, of the Federal Criminal Police Office Act, Federal Law Gazette I no. 22/2002) by itself promptly to inform, if they know, have a suspicion or a legitimate reason to believe, that a) an attempted, upcoming, current or already carried out transaction in connection with asset components StGB enumerated offence stemming from a to § 165 (including asset components, stemming from a criminal act of the perpetrator himself) , stands, or b) a wealth component from a to § 165 StGB enumerated offence stems (including asset components, arising from a criminal offence of the offender itself), or c) the attempted, upcoming, current or already carried out transaction or the part of assets in connection with a criminal organisation in accordance with § 278 StGB, a terrorist group in accordance with § 278 b of the criminal code, a terrorist group in accordance with § 278 c or the financing of terrorism is , and 2. the money laundering Registrar (section 4, paragraph 2, of the Federal Criminal Police Office Act, Federal Law Gazette I no. 22/2002) to provide promptly all necessary information upon request and to submit the required documents.

(2) the communication of information within the meaning of paragraph 1 in good faith does not constitute a breach of contract or regulated by law or regulations limiting of the sharing of information and entail liability.


(3) the performance of duties under this provision is the money laundering Registrar (section 4, paragraph 2, of the Federal Criminal Police Office Act, Federal Law Gazette I no. 22/2002) empowered, by natural and legal persons, as well as by other bodies with legal personality the data for that purpose needed to identify and process. Also is authorized to use personal information about customers, detected in the enforcement of federal or state laws, and to share with other States, which rests with the combating of money laundering and terrorist financing."

16 paragraph 365w:

"§ 365w. The authorities have immediately the money laundering Registrar (section 4, paragraph 2, of the Federal Criminal Police Office Act, Federal Law Gazette I no. 22/2002) to teach when they encounter in managing regulations enforcement facts, which may be associated with money laundering or terrorist financing. § 365 x with respect to the prohibition of the disclosure to the affected customers and third parties applies by analogy to the authorities. "The authorities have records that make up the number of regulatory messages at the registration office, the number of emerge for a breach of section 366 b-led administrative penal proceedings, the number of on-site inspections and the amount of the fines imposed,."

17 paragraph 365z paragraph 4 reads:

"(4) the money laundering Registrar (section 4, paragraph 2, of the Federal Criminal Police Office Act, Federal Law Gazette I no. 22/2002) Austria has the Chamber of Commerce for the purpose of informing the trader current information about methods of money-laundering and the financing of terrorism and clues, where suspicious transactions identify themselves, to provide."

18 § eliminates 366 Z 9.

19 according to Article 366a, the following section 366 b shall be inserted:

"section 366 b. (1) an administrative offence which is punishable by up to 30 €000 fine, commits, who neglects it contrary to the provisions of § 365u, the money laundering Registrar (section 4, paragraph 2, of the Federal Criminal Police Office Act, Federal Law Gazette I no. 22/2002) promptly to inform or to provide the required information or documents to give out."

(2) an administrative offence which is punishable by up to 20 €000 fine, commits, who does not follow the other provisions of §§ 365 m to 365z concerning measures for the prevention of money laundering and terrorist financing."

20 § eliminates 367 Z 38.

Article 2

Change of the management trust profession Act

The economic trust vocational Act, Federal Law Gazette I no. 58/1999, as last amended by Federal Law Gazette I no. 10/2010 is amended as follows:

1 the contents relating to the main piece of 4 is amended as follows:

"4. showpiece: rights and duties"

1 section: General provisions


§ 82: General section 83: exercise policy § 84: job titles section 85: branches § 86: outsourced departments section 87: arbitration § 88: orders and authorization § 89: interdisciplinary cooperation - contracts article 90: other activities section 91: confidentiality § 92: delegate - order permission § 93: delegate - order commitment § 94: vicarious section 95: commissions - Commission reservation § 96: formal audit reports - societies article 97: healing power of article 98: further reporting obligations section 2: measures to prevent money-laundering and the financing of terrorism


"section 98a: General § 98b: due diligence § 98 c: simplified due diligence § 98d: reinforced due diligence section 98e: increased risk not FATF compliant countries § 98f: execution by third § 98 g: reporting requirements § 98 h: prohibition of disclosure § 98i: retention obligations § 98j: Innerorganisatorische measures" 2. Before article 82 is the heading "article 1: General provisions" inserted.

3. in article 83 para 2 Z 3 is the word 'and' replaced by a comma and 4 following fig. 5 to 7 are attached to Z:



"5. for further structuring of due diligence with regard to money laundering and terrorist financing, 6 creating risk profiles concerning business relations in regard to money laundering and terrorism financing, and 7 due diligence instructions relating to extended for high-risk transactions relating to money laundering and terrorist financing."

4. in section 91 paragraph 4 Z 3 is the point with the word 'or' replaced and added following Z 4:



"4. the transmission and processing of information, in the form of electronic databases and information systems, for evaluating bias and exclusion in the network, including network members abroad, prior to assuming an auditor mandate and during the execution of the same by network members (sections 270 par. 1a, 271 to 271 c of the company law book, dRGBl." S 219/1897) is needed."

5. According to article 98, following paragraphs 98a to 98j and heading shall be inserted:

"Part 2

Measures to prevent money laundering and financing of terrorism

General information

section 98a. (1) the provisions of this section will implement for the area of accounting professions:



1. Directive 2005/60/EC for the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, OJ No. L 309, November 25, 2009, p. 15 (hereinafter: 3rd money laundering directive) and the recommendations of the Working Group "Financial Action Task Force" (FATF) in the field of money laundering and financing of terrorism, to the extent set up 2 this beyond the 3rd money laundering directive requirements.

(2) the money laundering Clearinghouse is responsible for messages within the meaning of this section (section 4, paragraph 2, of the Federal Criminal Police Office Act, Federal Law Gazette I no. 22/2002).

(3) professional authorized are required to use due diligence in accordance with the provisions of this section:



1. for reasons a business relationship, or 2. when handling occasional transactions amounting to, whether the transaction in a single operation or in several operations, between which a connection seems to be made of EUR 15 000 or more, regardless of, or 3 If you suspect money laundering or terrorist financing or 4 If in doubt the authenticity or the accuracy or adequacy of customer identification data.

(4) by establishing a business relationship within the meaning of this section, it is assumed if about a free initial consultation, other services or orders.

(5) in the cases of § 3 Z 3 and Z 4 are the due diligence obligations notwithstanding any derogations to exemptions or thresholds.

Due diligence

§ 98. b (1) include the duty of care in any case:



1. the identification and verification of the identity of the client on the basis of documents, data and information that comes from a credible and independent source, with sufficient current official photo identification to assist in identification, 1a.
actions of the contracting authority as the representative of a third party review the authority of the representative, 2 the identification obligation regarding the beneficial owner, 3. supporting current documents such as a corporate book excerpt, if the client is a company, a company or other legal entity, which are to be submitted at least official photo ID of authorized persons of the company authorized representative composition, 4. verifying the identity of the beneficial owner under taking risk-based and adequate measures , where the measures should understand in particular the ownership and control structure of the customer, 5. obtaining information on the purpose and intended nature of the business relationship, 6 taking risk-based and adequate measures to a continuous monitoring of the business relationship including scrutiny of transactions settled in the course of the business relationship, perform, make sure that this with the knowledge of the client, its business and its risk profile , including, if necessary, the origin of the money or funds, are coherent, and guaranteed to provide that the relevant documents, data or information are always updated, 7 increased performing procedures to determine whether it the customer is a politically exposed person in the sense of § 98d para 1 No. 3 and one 8 and special attention in particular on those activities and transactions , whose art it especially suggests that they may be associated with money laundering or terrorist financing, in particular complex or unusually large transactions and all unusual patterns of transactions without apparent economic or visible lawful purpose. In such cases, the background and the purpose of such transactions is as far as possible to test and record the results in writing and to be kept for the competent authorities.


(2) beneficial owner are the natural persons owned or under their control is the principal, or the natural person on whose behalf a transaction or activity is running. This includes:



1) in the case of companies: a) natural persons, owned or under their control any legal entity directly or indirectly hold or check a proportion of at least 25vH plus a share of shares or voting rights including participation in the form of bearer shares is, unless there is a company quoted on a regulated market, subject to the disclosure requirements corresponding to Community law or equivalent international standards , or b) natural persons who otherwise exert control over the management of a legal person, or 2) for legal entities, such as, for example, foundations, and with contractual arrangements, such as, for example, trusts, funds, manage or distribute: a) natural persons - if that were already determined future beneficiaries - are the beneficiaries of 25vH or more of the assets of legal entities or legal agreement, or b) the Group of persons - if individuals , which are beneficiaries of the legal person or legal agreement, were not yet determined – in whose interest mainly the legal entity or contractual agreement is effective, or built, or c) natural persons who exercise control over 25vH or more of the assets of a legal person or other contractual agreement.

(3) the extent of which has Z 4 and 6 led due diligence obligations in paragraph 1 on a basis corresponding to the overall apparent risk of the business relationship must be. This connection is the type of customer, business relationship, to take account of the service provided or the transaction in terms of the risks of money laundering and the financing of terrorism in an appropriate manner.

(4) an identification and verification of the identity of the contracting authority pursuant to paragraph 1 Nos. 1 and 2 before establishing a business relationship or the completion of a transaction must be made. This can be completed during the establishment of a business relationship, if it



1 is necessary to avoid a disruption of the normal business cycle and 2 there is a low risk of money laundering or of the financing of terrorism. In this case, the procedures are complete immediately after the first contact.

(5) compliance with the due diligence obligations listed in paragraph 1 is not possible, must be a business relationship is not established or a transaction not settled. Existing business relationships are to end in this case. Also a message to the authority shall be made.

(6) section 5 is in the context of an assessment of the legal situation of the client or in the part of its activity as a defender or representative of the contractor in or in connection with a judicial or other official proceedings, including advice on the operation or avoid proceedings, does not apply.

Simplified due diligence

§ 98c. Eligible professional can apply lower measures than those section 98b par. 1 Z 3, 4 and 5 laid down obligations in the following cases, subject to a review as a low risk of money laundering and terrorist financing, if it is the contracting authority to:



1. a credit or financial institution in accordance with § 1 para 1 and 2, or in accordance with article 3 of the 3. is money-laundering directive or a credit resident in a third country institution, the there equivalent obligations a how in the 3rd money laundering directive is subject to appropriate obligations and is subject to a supervision in relation to compliance, or 2. 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 according to one on the basis of § 85 para 10 of the Stock Exchange Act 1989, BGBl. No. 555, to adopt Regulation disclosure requirements are subject to by the financial market authority, which comply with Community law or are similar to this, or 3 domestic authorities or 4. authorities or public institutions, a) If on the basis of the Treaty on European Union, the treaties establishing the European communities or of secondary legislation of the community with public tasks have been entrusted , b) whose identity is publicly verifiable, transparent and without a doubt, it is c) whose activities and accounting practices are transparent, and d) if they are accountable to an institution of the community or the authorities of a Member State or to check their activity are other control and other control mechanisms in them.

Enhanced due diligence

§ 98d. (1) in addition are the in the §§ 98 b and 98 c reinforced due diligence referred to for business relations, which essentially increased risk of money laundering or of the financing of terrorism can be, to apply duties of care, and to undergo an enhanced continuous monitoring business relations. These are set on the basis of a risk-based assessment. Enhanced due diligence requirements shall apply in particular in the following cases:



1 was not present the contracting of identification of (remote managing), specific and adequate measures must be taken by applying, for example, one or more of the following measures: a) an order confirmation will be delivered to the address of the customer with a written letter. The contracting authority is to urge aa) rückzuübermittelnden order writing to enclose a legible copy of an official photo ID, by which the data of the customer can be checked and bb) enclose a written confirmation from a reliable referees about the correctness of the submitted copy. Reliable referees in this sense are as long as they have no official scope, domiciled or resident in a non-cooperation-State courts and other State authorities, notaries, lawyers and credit institutions, b) on the occasion of the discharge of the transaction is the first payment via an account in the name of the advertiser a credit institutions within the meaning of article 40 paragraph 8 of the Banking Act, Federal Law Gazette No. 532/1993 , opened; in this case must however anyway, name, date of birth and address of the contracting authority, for legal entities the company and the seat be known them and copies of documents of the customer available to them due to which the data of the client or his authorized person can credibly track. Instead these copies, it is sufficient if a written confirmation of the credit Institute, about the first payment should be handled that the contracting authority within the meaning of section 40 para 1, 2, 2a and 2e of the Banking Act, Federal Law Gazette No. 532/1993, or article 8 par. 1 lit. a has been identified to c of the 3rd money laundering directive, or c) will the identity by a qualified electronic signature according to § 2 Z 3a of the signature Act, Federal Law Gazette I no. 190/1999, assigned to.

2. in respect of transactions or business relationships related to politically exposed persons from other Member States or third countries, where those same keep these people that are only be politically exposed persons in the course of the business relationship, following measures must be taken: a) compliance with adequate and risk-based procedures to determine whether the customer is a politically exposed person, b) recording of the business relationship by the person entitled itself or in the case of companies by professional persons entitled to representation-authorised composition , c) take reasonable measures to determine the origin - both indirectly and directly - of the assets and the funds that are used in the framework of the business relationship or transaction, d) take the business relationship under a reinforced ongoing monitoring and e) obtaining the consent of the management level before business relationships can be recorded with politically exposed persons.

3. politically exposed persons are: those natural persons who hold important public offices and their immediate family members or them notoriously close persons; without prejudice to the measures adopted in the framework of the reinforced due diligence towards principal on risk-related basis, the person entitled are not obliged to consider a person who since more exerts important public office at least one year, as politically exposed.

a) "Important public offices" distribution are the following functions: aa) heads of State, heads of Government, Ministers, Deputy Ministers and Secretaries of State;

BB) members of Parliament;

CC) members of Supreme courts, constitutional courts or other high-level institutions of Justice, whose decisions, by exceptional circumstances apart, no appeal can be lodged against

DD) members of courts of Auditors or of the Board of Directors of central banks;

EE)

Ambassador, Chargé d'affaires and high-ranking officers of the armed forces;

FF) members of the administrative, management or supervisory bodies of State-owned enterprises.

Sublit.              AA-ee also apply to positions at Community level and for positions in international organizations.

b) considered "immediate family members": aa) spouse;

BB) the partner who is the spouse under national law;

CC) children and their spouses or partners who are assimilated to the spouse under national law;

DD) parents.

c) the following persons are considered "known to be closely related persons": aa) any natural person with an important public office holder known to common economic owner of legal entities, such as, for example, foundations or trusts or has other close business ties to the important public office holder;

BB) any natural person, the sole economic owner of legal entities, such as, for example, foundations or trusts is, which were known to be actually built for the benefit of the owner of an important public office.

(2) those services and transactions that might favour anonymity, is to devote special attention and are in relation to this, if necessary, to take action.

Increased risk - not FATF compliant countries

§ 98e. (1) the Federal Minister for economy, family and youth can set by regulation based on types of customers, more cases business relationships, or transactions, where nature is an increased risk of money laundering or terrorist financing in particular with States, to assume a higher risk of money laundering and the financing of terrorism in which according to credible source is, and for this more reasonable due diligence obligations require the person entitled in addition to the requirements of this section and require the person entitled , to undergo this business relationship of a reinforced ongoing monitoring.

(2) legitimate profession are obliged to apply to business relations and transactions with persons from and in countries which only inadequately implemented the FATF recommendations, to pay special attention, and anyway, the enhanced due diligence obligations pursuant to § 98d. No apparent economic or visible lawful purpose is determined, such business relationships or transactions the person entitled have as far as possible in writing to record the background and the purpose of such business relationships and transactions to test and the results. The records are to be kept within the meaning of § 98i for the competent authorities.

Execution by third parties

§ 98f. (1) with regard to the due diligence obligations listed in § 98 b paragraph 1 Z 1 to 3 are accessible back on compliance with these obligations by third parties. The ultimate responsibility for the fulfilment of these obligations will remain but with that person entitled, which uses one or more third parties.

(2) in order to access a fulfillment of the duties of care by a third party, have the following requirements to be fulfilled:



1. they are subject to a legally recognised compulsory registration of their profession, 2. they are obliged to comply with the requirements prescribed in the 3rd gel laundry RL and the professional person entitled receives 3. immediately to meet the required by §§ 98 b due diligence standard to 98d information, at least in the form of copies of the underlying documents.

Reporting requirements

Article 98 g. (1) professional authorized are required promptly to inform the authority by itself, when



1. you know, the suspicion or reasonable grounds to believe, that tried, upcoming, ongoing or already carried out transaction in connection with asset components, which from a in section 165 of the criminal code, Federal Law Gazette No. 60/1974, enumerated offence involving asset components, stemming from a criminal act of the perpetrator himself, stands, or they know 2., have the suspicion or reasonable grounds to believe , enumerated offence under inclusion of asset components that arise, from a criminal act of the perpetrator, or 3 they know that a part of assets from one in section 165 of the Penal Code, have the suspicion or reasonable grounds to believe, that tried, upcoming, ongoing, or already was transaction or the part of assets in connection with a criminal organisation in accordance with § 278 of the Penal Code or a terrorist group in accordance with § 278 b of the Penal Code or a terrorist group in accordance with § 278 c of the Penal Code or the financing of terrorism in accordance with § No. 60/1974, is 278d of the criminal code, Federal Law Gazette, or 4 a customer does not comply with a request relating to the identification of the beneficial owner.

(2) professional authorized to have up to the clarification of the facts and statement by the authorities any further processing of a transaction or the execution of orders, of which they suspect, know, suspect or have the reason to believe, that with a money laundering or a terrorist financing related or serve such a refrain and this fact to the authority in accordance with ABS. to report 1. Above you are to create records in an appropriate manner and to be kept at least five years after the test.

(3) the person entitled shall be entitled to demand that they will decide whether there are concerns against the immediate execution of orders of the authority. The competent authority is not expressed until the end of the following working day so the order must be carried immediately.

(4) if refraining from conducting business is not possible or if such a waiver would more difficult or prevent the determination of the facts of the case or the securing of assets, so the work authorized has immediately afterwards to apprise the Federal Criminal Police Office.

(5) the person entitled and their directors and employees have to supply information to the competent authority in all cases at the request of preventing or prosecuting money laundering seem required. The delivery can be done by persons commissioned specifically by the person entitled. To carry out these tasks, the competent authority is authorized to determine the necessary data by natural and legal persons and other bodies with legal personality, and to process. The competent authority is also empowered to use personal information about clients we identified them when enforcement of federal or state laws, and to share with other States, which rests with the combating of money laundering and terrorist financing.

(6) the reporting requirement is for authorised professional not to apply, in the case of information, the



1. this one about one of their clients in the context of the assessment of the legal situation for this receive gain or or 2nd as defender or representative of that client in a court or other official procedures, or 3 relating to such, including advice about running or avoiding such proceedings, before or after such proceedings or during such proceedings receive this in the scope of their activities or gain.

(7) the notification but remains if the beneficiaries of the profession know that the client deliberately is their legal advice for the purpose of money laundering or terrorist financing claim.

(8) an in good faith was reported to the authorities is not violation of contractually or through any legislative or administrative provisions, in particular of the disclosure restrictions regulated in § 91 dar. A liability of the person entitled or his senior staff or their employees can not be established therein.

Prohibition of disclosure

§ 98 h. (1) eligible professional as well as their directors and their employees have to keep secret the reimbursement of a message to the authority and all the associated tasks to the contracting authority and third parties.

(2) the prohibition referred to in paragraph 1 does not preclude a disclosure to foreign professional beneficiaries in Member States or in third countries, in which money laundering directive, equivalent requirements apply 3rd, if they are working in the same company or in a network. Among network a more comprehensive structure is to understand this person entitled belong to which have common ownership or joint pipe or joint control in compliance with the regulations for the prevention of money laundering and the financing of terrorism.


(3) information may be given further solely for the purpose of preventing money laundering and the financing of terrorism to other, foreign, professional beneficiaries, if it is same client and same transaction with this person entitled involved. In the case of information disclosure to a foreign person entitled this allowed only under the condition that this the 3rd money laundering directive is subject to equivalent requirements and this also equivalent obligations in relation to the obligation of professional secrecy (§ 91 WTBG) and is subject to the protection of personal data.

(4) the effort to hold a customer thereof, to commit an illegal act, is not considered a disclosure within the meaning of paragraph 1.

Retention obligations

§ 98i. legitimate profession have to be kept:



1. documents which serve an identification, at least five years after the last business process with the client and 2nd of all transactions and business relationships, documents and records, at least five years after its implementation.

Intra-organisational measures

§ 98j. (1) eligible professional must take appropriate measures for the prevention of money laundering and terrorist financing. They have in particular



1. adequate and appropriate policies and procedures to introduce for: a) compliance with the due diligence obligations towards customers, b) suspect messages, c) keeping a record, d) risk assessment and risk management in relation to business relationships and transactions and e) appropriate monitoring and information systems in their offices, as well as 2. staff involved in their Office a) with the rules which serve the prevention and combating of money laundering and financing of terrorism , demonstrably familiar and b.) in special training programmes to train.

(2) in societies, a legal representative as Adviser for issues of money laundering and terrorist financing is set up. He is responsible for the compliance with the provisions of paragraph 1.

(3) when hiring staff this scrutiny in terms of money laundering and terrorist financing is already subjected to."

6 paragraph 116:

"116. (1) unless the fact constitutes not a criminal offence falling within the jurisdiction of the courts, commits an administrative offence to criminal up to EUR 20 000 with a fine of 400 euro, who"



1 without being professional-legitimate or authorized service provider pursuant to article 231, paragraph 1 and 2, a trust profession performs independently or in sections 3 and 5-led activities are offered, without the required permission, or 2. unauthorized uses a job title according to the sections 67 or 84 or 3. the obligation of confidentiality in accordance with section 91, without being relieved of them, contravenes or 4th one in the sections 98a 98f and §§ 98 h to 98j or one in the exercise directive pursuant to section 83 standard duty concerning measures for the prevention of money laundering and terrorism hurt or 5 the obligation to conduct which contravenes professional designation in accordance with article 231 para. 3 or 6 or not completely comply with the information requirements pursuant to article 231, paragraph 4.

(2) a person who violates the provision of article 98 neglects g promptly to inform the authority to provide the required information or to publish documents, commits, unless the Act constitutes not a criminal offence falling within the jurisdiction of the courts, an administrative offence with a fine of 400 euro to criminal up to 30 000 euro."

7 the following paragraph 3 is added to § the 234:

"(3) with the enforcement of section 98 g para 5, 3rd and 4th sentence is entrusted the Federal Minister of the Interior."

Article 3

Change of Accounting Accounting Act

The balance sheet accounting Act Federal Law Gazette I no. 161/2006, as last amended by Federal Law Gazette I no. 135/2009, is amended as follows:

1. in section 69, paragraph 2, number 4 is the word "and" replaced by a comma and following paragraphs 6 to 8 shall be inserted after paragraph 5:



"6. it more structuring of due diligence with regard to money laundering and terrorist financing, 7 creating risk profiles on business relations in regard to money laundering and terrorist financing and 8 due diligence instructions relating to extended for high-risk transactions relating to money laundering and terrorist financing."

2. According to section 79, 79a following sections are inserted until 79j and heading:

"Part 2

Measures to prevent money laundering and financing of terrorism

General information

Section 79a. (1) the provisions of this section will implement for the area of the balance sheet accounting professions:



1. the 3rd money laundering Directive 2005/60/EC to prevent the use of the financial system for the purpose of money laundering and terrorist financing OJ No. L 309, November 25, 2009, p. 15 (hereinafter: 3rd money laundering directive) and the recommendations of the Working Group "Financial Action Task Force" (FATF) in the field of money laundering and financing of terrorism, to the extent set up 2 this beyond the 3rd money laundering directive requirements.

(2) the money laundering Clearinghouse is responsible for messages within the meaning of this section (section 4, paragraph 2, of the Federal Criminal Police Office Act, Federal Law Gazette I no. 22/2002).

(3) professional authorized are required to use due diligence in accordance with the provisions of this section:



1. for reasons a business relationship, or 2. when handling occasional transactions amounting to, whether the transaction in a single operation or in several operations, between which a connection seems to be made of EUR 15 000 or more, regardless of, or 3 If you suspect money laundering or terrorist financing or 4 If in doubt the authenticity or the accuracy or adequacy of customer identification data.

(4) by establishing a business relationship within the meaning of this section, it is assumed if about a free initial consultation, other services or orders.

(5) in the cases of paragraph 3, Nos. 3 and 4 are the due diligence obligations irrespective of any exceptions to exemptions or thresholds.

Due diligence

§ 79. b (1) include the duty of care in any case:



1. the identification and verification of the identity of the client on the basis of documents, data and information that comes from a credible and independent source, with sufficient current official photo identification to assist in identification, 1a.
actions of the contracting authority as the representative of a third party review the authority of the representative, 2 the identification obligation regarding the beneficial owner, 3. supporting current documents such as a corporate book excerpt, if the client is a company, a company or other legal entity, which are to be submitted at least official photo ID of authorized persons of the company authorized representative composition, 4. verifying the identity of the beneficial owner under taking risk-based and adequate measures , where the measures should understand in particular the ownership and control structure of the customer, 5. obtaining information on the purpose and intended nature of the business relationship, 6 taking risk-based and adequate measures to a continuous monitoring of the business relationship including scrutiny of transactions settled in the course of the business relationship, perform, make sure that this with the knowledge of the client, its business and its risk profile , including, if necessary, the origin of the money or funds, are coherent, and guaranteed to provide that the relevant documents, data or information are always updated, 7 increased performing procedures to determine whether it the customer is a politically exposed person in the sense of § 79d para 1 No. 3 and one 8 and special attention in particular on those activities and transactions , whose art it especially suggests that they may be associated with money laundering or terrorist financing, in particular complex or unusually large transactions and all unusual patterns of transactions without apparent economic or visible lawful purpose. In such cases, the background and the purpose of such transactions is as far as possible to test and record the results in writing and to be kept for the competent authorities.

(2) beneficial owner are the natural person who owned or under their control is the principal, or the natural person on whose behalf a transaction or activity is running. This includes:



1) in the case of companies: a)

natural persons, in whose ownership or under their control any legal entity directly or indirectly hold or check a proportion of at least 25vH plus a share of shares or voting rights including participation in the form of bearer shares is available, provided that this is not a company quoted on a regulated market, the relevant Community law disclosure requirements or subject to equivalent international standards , or b) natural persons who otherwise exert control over the management of a legal person, or 2) for legal entities, such as, for example, foundations, and with contractual arrangements, such as, for example, trusts, funds, manage or distribute: a) natural persons - if that were already determined future beneficiaries - are the beneficiaries of 25vH or more of the assets of legal entities or legal agreement, or b) the Group of persons - if individuals , which are beneficiaries of the legal person or legal agreement, were not yet determined – in whose interest mainly the legal entity or contractual agreement is effective, or built, or c) natural persons who exercise control over 25vH or more of the assets of a legal person or other contractual agreement.

(3) the extent of which has Z 4 and 6 led due diligence obligations in paragraph 1 on a basis corresponding to the overall apparent risk of the business relationship must be. This connection is the type of customer, business relationship, to take account of the service provided or the transaction in terms of the risks of money laundering and the financing of terrorism in an appropriate manner.

(4) an identification and verification of the identity of the contracting authority pursuant to paragraph 1 Nos. 1 and 2 before establishing a business relationship or the completion of a transaction must be made. This can be completed during the establishment of a business relationship, if it



1 is necessary to avoid a disruption of the normal business cycle and 2 there is a low risk of money laundering or of the financing of terrorism. In this case, the procedures are complete immediately after the first contact.

(5) compliance with the due diligence obligations listed in paragraph 1 is not possible, must be a business relationship is not established or a transaction not settled. Existing business relationships are to end in this case. Also a message to the authority shall be made.

Simplified due diligence

section 79c. Authorized Professional can apply lower action than in § 79B para 1 Z 3, 4 and 5 laid down obligations in the following cases, subject to a review as a low risk of money laundering and terrorist financing, if it is the contracting authority to:



1. a credit or financial institution in accordance with § 1 para 1 and 2, or in accordance with article 3 of the 3. is money-laundering directive or a credit resident in a third country institution, the there equivalent obligations a how in the 3rd money laundering directive is subject to appropriate obligations and is subject to a supervision in relation to compliance, or 2. 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 according to one on the basis of § 85 para 10 of the Stock Exchange Act 1989, BGBl. No. 555, to adopt Regulation disclosure requirements are subject to by the financial market authority, which comply with Community law or are similar to this, or 3 domestic authorities or 4. authorities or public institutions, a) If on the basis of the Treaty on European Union, the treaties establishing the European communities or of secondary legislation of the community with public tasks have been entrusted , b) whose identity is publicly verifiable, transparent and without a doubt, it is c) whose activities and accounting practices are transparent, and d) if they are accountable to an institution of the community or the authorities of a Member State or to check their activity are other control and other control mechanisms in them.

Enhanced due diligence

§ 79d. (1) in addition are the mentioned due diligence in the §§ 79 reinforced b and 79 c to business relations which essentially increased risk of money laundering or of the financing of terrorism can be, to apply duties of care, and to undergo an enhanced continuous monitoring business relations. These are set on the basis of a risk-based assessment. Enhanced due diligence requirements shall apply in particular in the following cases:



1 was not present the contracting of identification of (remote managing), specific and adequate measures must be taken by applying, for example, one or more of the following measures: a) an order confirmation will be delivered to the address of the customer with a written letter. The contracting authority is to urge aa) rückzuübermittelnden order writing to enclose a legible copy of an official photo ID, by which the data of the customer can be checked and bb) enclose a written confirmation from a reliable referees about the correctness of the submitted copy. Reliable referees in this sense are as long as they have no official scope, domiciled or resident in a non-cooperation-State courts and other State authorities, notaries, lawyers and credit institutions, b) on the occasion of the discharge of the transaction is the first payment via an account in the name of the advertiser a credit institutions within the meaning of article 40 paragraph 8 of the Banking Act, Federal Law Gazette No. 532/1993 , opened; in this case must however anyway, name, date of birth and address of the contracting authority, for legal entities the company and the seat be known them and copies of documents of the customer available to them due to which the data of the client or his authorized person can credibly track. Instead these copies, it is sufficient if a written confirmation of the credit Institute, about the first payment should be handled that the contracting authority within the meaning of section 40 para 1, 2, 2a and 2e of the Banking Act, Federal Law Gazette No. 532/1993, or article 8 par. 1 lit. a has been identified to c of the 3rd money laundering directive, or c) will the identity by a qualified electronic signature according to § 2 Z 3a of the signature Act, Federal Law Gazette I no. 190/1999, assigned to.

2. in respect of transactions or business relationships related to politically exposed persons from other Member States or third countries, where those same keep these people that are only be politically exposed persons in the course of the business relationship, following measures must be taken: a) compliance with adequate and risk-based procedures to determine whether the customer is a politically exposed person, b) recording of the business relationship by the person entitled itself or in the case of companies by professional persons entitled to representation-authorised composition , c) take reasonable measures to determine the origin - both indirectly and directly - of the assets and the funds that are used in the framework of the business relationship or transaction, d) take the business relationship under a reinforced ongoing monitoring and e) obtaining the consent of the management level before business relationships can be recorded with politically exposed persons.

3. politically exposed persons are: those natural persons who hold important public offices and their immediate family members or them notoriously close persons; without prejudice to the measures adopted in the framework of the reinforced due diligence towards principal on risk-related basis, the person entitled are not obliged to consider a person who since more exerts important public office at least one year, as politically exposed.

a) "Important public offices" distribution are the following functions: aa) heads of State, heads of Government, Ministers, Deputy Ministers and Secretaries of State;

BB) members of Parliament;

CC) members of Supreme courts, constitutional courts or other high-level institutions of Justice, whose decisions, by exceptional circumstances apart, no appeal can be lodged against

DD) members of courts of Auditors or of the Board of Directors of central banks;

EE) Ambassador, Chargé d'affaires and high-ranking officers of the armed forces;

FF) members of the administrative, management or supervisory bodies of State-owned enterprises.

Sublit. AA-ee also apply to positions at Community level and for positions in international organizations.

b) considered "immediate family members": aa) spouse;

BB) the partner who is the spouse under national law;

CC) children and their spouses or partners who are assimilated to the spouse under national law;

DD) parents.

c)

(The following persons are considered "known to be closely related persons": aa) any natural person with an important public office holder known to common economic owner of legal entities, such as, for example, foundations or trusts or has other close business ties to the important public office holder;

BB) any natural person, the sole economic owner of legal entities, such as, for example, foundations or trusts is, which were known to be actually built for the benefit of the owner of an important public office.

(2) those services and transactions that might favour anonymity, is to devote special attention and are in relation to this, if necessary, to take action.

Increased risk - not FATF compliant countries

section 79e. (1) the Federal Minister for economy, family and youth can set by regulation based on types of customers, more cases business relationships, or transactions, where nature is an increased risk of money laundering or terrorist financing in particular with States, to assume a higher risk of money laundering and the financing of terrorism in which according to credible source is, and for this more reasonable due diligence obligations require the person entitled in addition to the requirements of this section and require the person entitled , to undergo this business relationship of a reinforced ongoing monitoring.

(2) legitimate profession are obliged to apply to business relations and transactions with persons from and in countries which only inadequately implemented the FATF recommendations, to pay special attention, and anyway, the enhanced due diligence obligations pursuant to § 79d. No apparent economic or visible lawful purpose is determined, such business relationships or transactions the person entitled have as far as possible in writing to record the background and the purpose of such business relationships and transactions to test and the results. The records are to be kept within the meaning of section 79i to the competent authorities.

Execution by third parties

section 79f. (1) with regard to the due diligence obligations listed in § 79B para 1 No. 1 to 3 are accessible back on compliance with these obligations by third parties. The ultimate responsibility for the fulfilment of these obligations will remain but with that person entitled, which uses one or more third parties.

(2) in order to access a fulfillment of the duties of care by a third party, have the following requirements to be fulfilled:



1. they are subject to a legally recognised compulsory registration of their profession, 2. they are obliged to comply with the requirements prescribed in the 3rd gel laundry RL and the professional person entitled receives 3. immediately to comply with the information required to the §§ 79 b due diligence standard to 79d, at least in the form of copies of the underlying documents.

Reporting requirements

section 79 g. (1) professional authorized are required promptly to inform the authority by itself, when



1. you know, the suspicion or reasonable grounds to believe, that tried, upcoming, ongoing or already carried out transaction in connection with asset components, which from a in section 165 of the criminal code, Federal Law Gazette No. 60/1974, enumerated offence involving asset components, stemming from a criminal act of the perpetrator himself, stands, or they know 2., have the suspicion or reasonable grounds to believe , that a part of assets of an offence listed in section 165 of the Penal Code upcoming involvement of asset components, which from a criminal act of the perpetrator himself, stemming, or 3 they know, suspect or have reasonable grounds to believe, that the attempted, ongoing or already was transaction or the part of assets in connection with a criminal organisation in accordance with § 278 of the Penal Code or a terrorist group in accordance with § 278 b of the Penal Code or a terrorist group in accordance with § 278 c of the Penal Code or the financing of terrorism in accordance with § 278d of the criminal code is, or 4 a customer does not comply with a request relating to the identification of the beneficial owner.

(2) professional authorized to have up to the clarification of the facts and statement by the authorities any further processing of a transaction or the execution of orders, of which they suspect, know, suspect or have the reason to believe, that with a money laundering or a terrorist financing related or serve such a refrain and this fact to the authority in accordance with ABS. to report 1. Above you are to create records in an appropriate manner and to be kept at least five years after the test.

(3) the person entitled shall be entitled to demand that they will decide whether there are concerns against the immediate execution of orders of the authority. The competent authority is not expressed until the end of the following working day so the order must be carried immediately.

(4) if refraining from conducting business is not possible or if such a waiver would more difficult or prevent the determination of the facts of the case or the securing of assets, so the work authorized has immediately afterwards to apprise the Federal Criminal Police Office.

(5) the person entitled and their directors and employees have to supply information to the competent authority in all cases at the request of preventing or prosecuting money laundering seem required. The delivery can be done by persons commissioned specifically by the person entitled. To carry out these tasks, the competent authority is authorized to determine the necessary data by natural and legal persons and other bodies with legal personality, and to process. The competent authority is also empowered to use personal information about clients we identified them when enforcement of federal or state laws, and to share with other States, which rests with the combating of money laundering and terrorist financing.

(6) an in good faith was reported to the authorities is not violation of contractually or through any legislative or administrative provisions, in particular of the disclosure restrictions regulated in § 76 dar. A liability of the person entitled or his senior staff or their employees can not be established therein.

Prohibition of disclosure

§ 79 h. (1) eligible professional as well as their directors and their employees have to keep secret the reimbursement of a message to the authority and all the associated tasks to the contracting authority and third parties.

(2) the prohibition referred to in paragraph 1 does not preclude a disclosure to foreign professional beneficiaries in Member States or in third countries, in which money laundering directive, equivalent requirements apply 3rd, if they are working in the same company or in a network. Among network a more comprehensive structure is to understand this person entitled belong to which have common ownership or joint pipe or joint control in compliance with the regulations for the prevention of money laundering and the financing of terrorism.

(3) information may be given further solely for the purpose of preventing money laundering and the financing of terrorism to other, foreign, professional beneficiaries, if it is same client and same transaction with this person entitled involved. In the case of information disclosure to a foreign person entitled this must be only under the condition, that the 3rd money laundering directive is subject to equivalent requirements and this also equivalent obligations in relation to the professional secrecy obligation (§ 76) and the protection of personal data is subject to.

(4) the effort to hold a customer thereof, to commit an illegal act, is not considered a disclosure within the meaning of paragraph 1.

Retention obligations

§ 79i. legitimate profession have to be kept:



1. documents which serve an identification, at least five years after the last business process with the client and 2nd of all transactions and business relationships, documents and records, at least five years after its implementation.

Intra-organisational measures

section 79j. (1) eligible professional must take appropriate measures for the prevention of money laundering and terrorist financing. They have in particular



1. adequate and appropriate policies and procedures to introduce for: a) compliance with the due diligence obligations towards customers, b) suspected messages, c) keeping a record, d) risk assessment and risk management in relation to business relationships and transactions and e) appropriate monitoring and information systems in their offices, as well as 2. staff involved in their firm a)

the provisions which serve the prevention and combating of money laundering and financing of terrorism has been proven to acquaint and b) special training programmes with schools.

(2) in societies, a legal representative as Adviser for issues of money laundering and terrorist financing is set up. He is responsible for the compliance with the provisions of paragraph 1.

(3) when hiring staff this scrutiny in terms of money laundering and terrorist financing is already subjected to."

3. paragraph 89:

"89. (1) unless the fact constitutes not a criminal offence falling within the jurisdiction of the courts, commits an administrative offence to criminal up to EUR 20 000 with a fine of 400 euro, who"



1 without being professional-legitimate or authorized service providers in accordance with article 100, paragraph 1 and 2, a balance sheet accounting profession independently performs or in §§ 2 to 4 offers listed activities, without the required permission, or 2. unauthorized uses a professional title in accordance with the articles 58 or 70 or 3. the obligation of confidentiality in accordance with section 76, without being relieved of them, contravenes or 4 in the sections 79a to 79f and in the §§ 79 h 79j or one in the exercise policy in accordance with section 69 standard duty concerning measures for the prevention of money laundering and terrorism hurt or 5 the obligation to conduct which contravenes professional designation in accordance with article 100, paragraph 3 or 6 or not completely comply with the obligations in accordance with § 100 para 4.

(2) a person who violates the provision of article 79 neglects g promptly to inform the authority to provide the required information or to publish documents, commits, unless the Act constitutes not a criminal offence falling within the jurisdiction of the courts, an administrative offence with a fine of 400 euro to criminal up to 30 000 euro."

4. According to article 98, paragraph 1, the following paragraph 1a is inserted:

"(1a) for producers who exercise the trade"Commercial bookkeeper", the provisions of the commercial code apply in respect of measures to prevent money-laundering and the financing of terrorism in 1994, BGBl. No. 194." "The economic trust professional Act, BGBl. apply to the performing of the free profession of"Independent bookkeeper"as regards measures to prevent money laundering and terrorist financing regardless their Chamber membership I no. 58/1999."

5 the following paragraph 2 is added to sec. 103:

"(2) with the enforcement of section 79 g para 5, 3rd and 4th sentence is entrusted the Federal Minister of the Interior."

Fischer

Faymann