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Sanctions Law 2010 - Sanktg And Amendment To The Foreign Exchange Act Of 2004

Original Language Title: Sanktionengesetz 2010 - SanktG und Änderung des Devisengesetzes 2004

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36. Federal Act, by which the Federal Act on the Implementation of International Sanctions Measures (Sanctions Act 2010-SanktG) is adopted and the Federal Act on Capital and Payment Transactions with International Reference (Forex Act 2004) is amended

The National Council has decided:

Article I

Federal Law on the Implementation of International Sanctions Measures (Sanctions Act 2010-SanktG)

1. Section: General provisions

Scope

§ 1. This federal law regulates the implementation of sanctions measures of the United Nations or the European Union, which are binding under international law, including directly applicable sanctions measures of the European Union, insofar as these measures are not in place. is governed by another federal law.

National implementing measures

§ 2. (1) Insofar as this is necessary for the performance of international sanctions measures of the United Nations or the European Union, the National Bank of Oesterreichische Nationalbank (Oesterreichische Nationalbank) is authorized, by regulation or communication, to shall be ordered by:

1.

the freezing of assets of

a)

Persons who commit, attempt to commit terrorist acts, or participate in or facilitate the commission, and other persons or entities, the United Nations Sanctions or the European Union, of the Union;

b)

Entities which are, directly or indirectly, owned or controlled by persons or entities referred to in (lit). (a) stand;

c)

Persons and entities referred to in the name or on the instructions of persons according to lit. (a) and/or facilities according to lit. a) or lit. (b) act,

, including the funds deriving from or arising from assets directly or indirectly owned or controlled by such persons and persons and entities associated with them;

2.

the reduction in the direct or indirect provision of assets for persons and entities in accordance with Z 1 or in their favour.

The authorization of the Federal Government shall be required for the release and termination of regulations pursuant to this paragraph, and the consent of the Federal Chancellor shall be sufficient in the event of a risk of default.

(2) In so far as this is necessary for the fulfilment of sanctions measures of the United Nations or of the European Union, which are binding under international law, the Federal Government is authorized to comply with the provisions of this Regulation, or the following: Measures to be taken:

1.

the seizure of means of transport, the majority of which are owned or controlled by a person or an undertaking having its registered office or activity in a particular State;

2.

the decay of the means of transport referred to under Z 1 where it is established that they have been used to commit an infringement of existing import, export or transit provisions;

3.

the seizure of means of transport and goods carried by them, where there is a suspicion that they are used to commit an infringement of existing import, export or transit provisions, or, contrary to such provisions, have been promoted;

4.

the decay of the means of transport and goods referred to under Z 3 where it is found that they have been used to commit an infringement of existing import, export or transit provisions, or have been transported contrary to such provisions;

5.

the prohibition of the provision of services to natural or legal persons for the purpose of carrying out business activities in a particular country;

6.

the exemption from the obligation to comply with civil claims if they are invoked in connection with contracts or other legal transactions, the fulfilment of which by means of United Nations sanctions or by the United Nations European Union has been affected.

The release of regulations pursuant to this paragraph shall be subject to the agreement of the Main Committee of the National Council.

(3) Acts pursuant to paragraphs 1 and 2 shall be repealed as soon as the United Nations or European Union sanctions measures on which the underlying sanctions are based are repealed.

Humanitarian and other exceptions

§ 3. (1) The Oesterreichische Nationalbank (Oesterreichische Nationalbank) may grant specific authorisations if it does not preclude the aim of the sanctions measures.

1.

the use of frozen funds or the provision of assets to meet the basic needs of a person or members of his family affected by a legal act pursuant to section 2 (1);

2.

Payments of frozen accounts for the following purposes:

a)

-payment within the European Union of taxes, compulsory insurance premiums and charges for public services such as gas, water, electricity and telecommunications;

b)

Payment of account management fees to a credit or financial institution according to § 1 of the Banking Act-BWG, BGBl. 532/1993;

c)

payments to the satisfaction of creditors if they have acquired their claim before freezing and without culpable participation in the facts of the sanction measures;

3.

Payments to a person concerned by an act pursuant to section 2 (1) on the basis of contracts, agreements or obligations which are concluded before the entry into force of this act or , provided that these payments are made to a frozen account in the European Union.

(2) Approval applications shall be submitted to the Oesterreichische Nationalbank.

Costs and damages

§ 4. (1) In an act pursuant to § 2 (1) and (2) (2) (1) to (4), it may be ordered that the costs arising from the implementation of this act are to the detriment of the owners of the means of transport, goods or other assets concerned.

(2) Claims for damages cannot be levied from the fact that a person in negligent ignorance that a person or entity is not covered by an act in accordance with § 2 is a contract or other legal business Late or not fulfilled.

Fulfilment of civil claims

§ 5. (1) In the context of an act in accordance with Section 2 (2) (6) (6), the proof that the performance of a contract or other legal business has not been affected by the sanctions measure shall be the responsibility of the person who asserts the claim.

(2) Anyone who provides a service, although it was not to be provided on the basis of an act in accordance with Article 2 (2) (2) (6) (6) (6), cannot infer to third parties any claims, unless he has provided the service involuntly or he/she does not have the power to do so. Provision neither knew nor had to know that the requirement of § 2 para. 2 Z 6 was not to be fulfilled.

Entries in the land register or in the company's book

§ 6. (1) If assets are to be seen in the land register or in the company's book which are frozen pursuant to an act pursuant to § 2 (1) or under the European Union's directly applicable sanctions measures, the Federal Minister for the Interior this circumstance to the court responsible for the property or the legal entity (§ § 118, 120 of the Law of Jurisdiction-JN, RGBl. No 111/1895). The notification shall specify the act or the sanctions measure, the person or entity concerned and the asset.

(2) On the basis of a communication in the meaning of paragraph 1, the Court of First Instance has on its own merits in the land register (§ 8 Z 3 of the General Basic Law of 1955-GBG, BGBl. 39) or in the company's book, that the assets of the person or entity concerned are frozen. In this connection, the underlying legal act referred to in Article 2 (1) or the underlying directly applicable sanction measure of the European Union must also be found.

(3) If the act referred to in Article 2 (1) or the directly applicable sanction measure of the European Union is hereby repealed, the Federal Minister of the Interior shall also notify the competent court; in this case, the Court to delete the registration of officals.

Travel Restrictions

§ 7. To the extent that travel restrictions have been issued against persons in international sanctions measures of the United Nations or of the European Union, the Federal Minister for the Interior may allow these persons to enter and transit in or out of by the Republic of Austria.

2. Section: procedural provisions

Monitoring and information

§ 8. (1) The Federal Minister for the Interior shall have the implementation of sanctions measures in accordance with § 1 by administrative authorities, in so far as it is not the issue of acts in accordance with § 2, as well as compliance with legal acts pursuant to § 2 and by directly applicable sanction measures of the European Union. The monitoring of compliance with legal acts in accordance with Article 2 (1) and of directly applicable sanctions measures of the European Union, in so far as they are measures of the type circumscribed in Article 2 (1), in each case in the area of credit and Financial institutions pursuant to § 1 of the Federal Elections Act (BWG) as well as those in § 3 Z 4 of the Payment Services Act-ZaDiG, BGBl. I n ° 66/2009, the Oesterreichische Nationalbank is responsible for the payment institutions.

(2) In order to carry out the tasks referred to in paragraph 1, the Federal Minister of the Interior and the Oesterreichische Nationalbank are entitled to do so by natural and legal persons, as well as by other entities with legal personality. collect the necessary information and notifications and to identify and process data; this right also includes the power to inspect books, documents and computer media on the spot and to obtain extracts from them. In the event that the information or documents which have been issued do not permit sufficient information, or if there are reasonable doubts as to the accuracy or completeness of the information or documents, the Federal Minister for the Interior and the Oesterreichische Nationalbank shall have the right to request corresponding explanations or evidence. In all cases referred to above, the Authority shall draw attention to the official nature of the investigation. The notice may not be taken if there is no doubt about repeated contacts with these circumstances.

(3) Personal data determined in accordance with paragraph 2 may only be used for the purposes of paragraph 1 and only by specially authorized bodies. In the event that it is found that incorrect data or data ascertained contrary to the provisions of this Federal Act are retained, a correction shall be made immediately or Delete. This shall apply in particular in the event that acts pursuant to § 2 are lifted as unjustified as a result of legal remedies collected or on their own account. Data processed on the basis of paragraph 1 shall, at least once a year, be checked by the Authority to verify whether they are correct or to be deleted.

Assistance and participation in the enforcement of the law

§ 9. (1) All institutions of the Federal Government, the Länder and the Municipalities shall be obliged to provide assistance to the Oesterreichische Nationalbank within the scope of their legal sphere of action, insofar as these are acting on the basis of this Federal Act.

(2) The bodies of the Public Security Service and the customs bodies shall take measures to prevent the threat of judicial acts or administrative transgressions which may be punishable by law, as well as through measures to prevent the threat of judicial offences. necessary for the initiation of administrative criminal proceedings.

Appeal, understanding and attachment to the right of instruction

§ 10. (1) An ordinary legal remedy is not admissible against the charges of the Oesterreichische Nationalbank, which have been issued in full by this Federal Law. The administrative procedure to be carried out by the National Bank of Oesterreichische Nationalbank (Oesterreichische Nationalbank) is subject to the General Administrative Procedure Act 1991-AVG, BGBl. No. 51, application.

(2) The Regulations of the National Bank of Oesterreichische Nationalbank shall be published in the Official Journal of the Vienna Newspaper and shall enter into force, unless otherwise specified therein, at the date of the publication of the publication.

(3) In the performance of the sovereign functions conferred on it by this Federal Act, the Oesterreichische Nationalbank shall be subject to the instructions of the Federal Minister of Finance.

3. Section: Penal provisions

Judicial Criminal Provisions

§ 11. (1) Any person who, contrary to a regulation pursuant to § 2 (1) or a decision taken against him pursuant to this provision or against directly applicable sanctions measures of the European Union, relates to a transaction or other legal transaction in relation to on assets in excess of a value of € 100 000, unless the act is threatened under other provisions with tighter penalty, with a custodial sentence of up to one year or a fine of up to 360 daily rates, punishing.

(2) The proceedings relating to the act referred to in paragraph 1 shall be the responsibility of the national courts.

(3) Anyone who, contrary to a regulation pursuant to § 2 (2) (5) (5) or a decision taken against him pursuant to this provision or contrary to directly applicable sanctions measures of the European Union, services in a value of € 100 000 , to natural or legal persons for the purpose of carrying out business activities in a particular State, provided that the action is not punishable by other provisions with a more stringent penalty, with a custodial sentence of up to two years or punish with a fine of up to 360 days ' records.

Administrative penalty provisions

§ 12. (1) Any person who, contrary to a regulation pursuant to § 2 (1) or a decision taken against him pursuant to this provision or against directly applicable sanctions measures of the European Union, is a transaction or other legal transaction , an administrative surrender shall be carried out and shall be punished by the district administrative authority-in the official area of a federal police agency-with a fine of up to € 50 000.

(2) Anyone who, contrary to a regulation pursuant to § 2 (2) (5) (5) or a decision taken against him pursuant to this provision, or contrary to directly applicable sanctions measures of the European Union, services to natural or legal persons For the purpose of carrying out business activities in a particular State, an administrative surrender shall be carried out and shall be carried out by the district administrative authority, in the area of a federal police authority, by imprisonment of up to six months to punish weeks or a fine of up to € 50 000.

(3) The experiment shall be punishable.

§ 13. Any person who has an authorisation provided for in § 3 or in an immediately applicable sanction measure of the European Union by incorrect or incomplete information shall be subject to an administrative surrender and shall be subject to the administrative authority of the district administration -to punish with a fine of up to € 50 000 in the official area of a federal police authority.

§ 14. Anyone who does not comply fully and in due time with his obligations under Section 8 (2), for the purpose of providing information, for the disclosure of data, for the submission of documents and evidence or for the granting of consultation, or who knowingly: incomplete or incorrect information makes an administrative surrender and is punishable by the district administrative authority-in the official area of a federal police authority from this-with a fine of up to € 5 000.

§ 15. (1) An administrative surrender in accordance with § § 12 to 14 does not exist if the act constitutes the offence of a criminal offence which falls within the jurisdiction of the courts.

(2) For administrative transgressions according to § § 12 to 14, instead of the limitation period of six months in accordance with § 31, Section 2 of the Administrative Code Act 1991-VStG, BGBl. No. 52, a limitation period of 18 months.

Section 4: transitional and final provisions

Transitional provision

§ 16. The Regulation (Revelation) of the Oesterreichische Nationalbank DL 2/2002 as amended by the Regulation (Revelation) DL 1/2009 is regarded as a regulation in accordance with Article 2 (1) of this Federal Law and extends to all assets of the People.

References

§ 17. (1) Where reference is made in this Federal Act to other federal laws, if nothing else is arranged, these are to be applied in their respectively applicable version.

(2) The provisions of the Impeachment Act (AHG, BGBl) shall be passed through this Federal Act. No 20/1949.

Linguistic equality

§ 18. In so far as the names used in this Federal Act refer to natural persons, the chosen form shall apply to both sexes. The use of these designations for certain natural persons shall be based on the gender-specific form.

Enforcement

§ 19. With the enforcement of § 2 para. 2, the Federal Government, with the enforcement of the remaining provisions of the relevant Federal Ministers in accordance with the Federal Ministries Act 1986, is BGBl. No. 76.

entry into force

§ 20. (1) This federal law shall enter into force on 1 July 2010.

(2) The Federal Act on the Implementation of International Sanctions Measures, BGBl, shall enter into force with this Federal Act. No 406/1993, except for force.

Article II

Amendment of the Foreign Exchange Act 2004

The Federal Act on Capital and Payments (Foreign Exchange Act 2004), Federal Law Gazette (BGBl). I n ° 123/2003, shall be amended as follows:

1. In Section 1 (1) (14), the expression shall be: "European Community (EC)" by the expression "European Union (EU)" replaced.

2. In § 2, the word order shall be "Articles 57 to 60 of the EC Treaty" through the phrase " Art. 64 to 66, 75 and 215 TFEU " replaced.

3. In Section 3 (1), the phrase "Article 57 (2), Article 59 and Article 60 (1) and (2), third sentence, EC Treaty" through the phrase " Art. 64 (2) and (3), Articles 66, 75 and 215 TFEU " replaced.

4. § 3 (2) is repealed.

§ 3 (3) becomes Article 3 (2).

6. The following paragraph 3 is added to § 3:

" (3) The paragraphs 1 and 2 do not apply to the extent that the Sanctions Act 2010, BGBl. I n ° 36/2010. '

7. In § 5 (1) the word "Community" by the word "Union"

8. In Section 6, Section 5, the acronym "EC" by the acronym "EU" replaced.

9. In Section 8 (1), the phrase " Art. 57 to 60 EC Treaty " through the phrase " Art. 64 to 66, 75 and 215 TFEU " and the word "Community" by the word "Union" and the amount "30 000 euro" by the amount "50 000 euro" replaced.

10. In § 9, the phrase " Art. 57 to 60 EC Treaty " through the phrase " Art. 64 to 66, 75 and 215 TFEU " , the word "Community" by the word "Union" and the amount "30 000 euro" by the amount "50 000 euro" replaced.

11. § 11 (1) reads:

" § 11. (1) An administrative surrender in accordance with § § 8 to 10 is not available if the Sanctions Act 2010, BGBl. I n ° 36/2010, or the action of a criminal offence which falls within the jurisdiction of the courts. '

12. In Section 12 (1), the phrase " Art. 57 to 60 EC Treaty " through the phrase " Art. 64 to 66, 75 and 215 TFEU " and the word "Community" by the word "Union" replaced.

13. The following paragraph 3 is added to § 12:

" (3) The para. 1 and 2 do not apply if the Sanctions Act 2010, BGBl. I n ° 36/2010. '

14. In Section 13 (4), the phrase " Art. 57 to 60 EC Treaty " through the phrase " Art. 64 to 66, 75 and 215 TFEU " and the word "Community" by the word "Union" replaced.

15. In Section 15 (3), the phrase "Article 108 EC Treaty" through the phrase " Art. 130 TFEU " replaced.

16. § 17 (2) is repealed.

17. § 17 (3) is repealed.

18. § 19 the following paragraph 3 is added:

" (3) § 1 para. 1 Z 14, § 2, § 3 para. 1 to 3, § 5 para. 1, § 6 para. 5, § 8 para. 1, § 9, § 11 paragraph 1, § 12 para. 1 and 3, § 13 para. 4, § 15 para. 3, § 17 para. 2 and 3, and § 19 paragraph 3 in the version of the Federal Law BGBl. I No 36/2010 will enter into force on 1 July 2010. '

Fischer

Faymann