Regime Freezing Of Funds And Other Assets Linked To People Shares Of Terrorism And Terrorist Financing

Original Language Title: RÉGIMEN DE CONGELAMIENTO DE FONDOS Y OTROS ACTIVOS DE PERSONAS VINCULADAS CON ACCIONES DE TERRORISMO Y FINANCIAMIENTO DEL TERRORISMO

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law No. 262

LAW OF JULY 30, 2012

EVO MORALES AYMA

CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA

For the Plurinational Legislative Assembly, it has The following Law:

THE PLURINATIONAL LEGISLATIVE ASSEMBLY,

D E C R E T A:

FUND AND OTHER ASSETS FREEZE REGIME

PERSONS LINKED TO TERRORISM ACTIONS

AND TERRORISM FINANCING

CHAPTER I

FREEZING OF FUNDS AND OTHER ACTIVE

Article 1. (OBJECT). This Law aims to establish and regulate the freezing of funds and other assets of natural or legal persons linked to terrorism and terrorist financing, entered in the public lists of The United Nations or the requirements of countries in the framework of international cooperation; the creation of the National Council for the Fight against the Legitimation of Illicit Gains and the Financing of Terrorism; and to incorporate and amend Articles to Criminal code, related to terrorism and legitimization of illicit profits.

Article 2. (APPLICATION SCOPE). This Law shall apply to funds and other assets belonging to natural or legal persons, linked to terrorism or terrorist financing, in the following

cases:

When the natural or legal person is entered on the public lists of the United Nations Security Council, within the pursuit of terrorism.

At the request of a country, in the framework of cooperation international judicial and administrative, for the freezing of funds and other assets of natural or legal persons related to terrorism or its financing.

Article 3. (FREEZING OF FUNDS AND OTHER ASSETS).

I. The preventive freezing of funds and other assets is the prohibition to transfer, convert, dispose or transfer funds or other assets within the duration of the measure, and no records, charges or charges shall be made. subsequent annotations in the relevant public records. The freezing of funds and other assets does not constitute the expropriation or loss of property rights over the assets achieved by this preventive measure.

II. The preventive freeze shall apply to funds and other assets of individual or joint ownership, belonging to natural or legal persons consigned to the lists of the United Nations Security Council or to the requirements of countries in the framework of international cooperation, including those directly or indirectly controlled by such persons. It shall also reach the product obtained or derived from these frozen funds or assets.

III. It shall be understood as funds and other assets to assets of any kind, whether tangible or intangible, movable or immovable, regardless of the manner in which they were acquired, including documents or instruments, whatever their type, character or nature, whether electronic or digital, which credit the ownership or the assets of those funds or other assets.

Article 4. (PROCEDURE).

I. Where the natural or legal person is entered on the public lists of the United Nations Security Council, the procedure for the application of the freezing of funds and other assets shall be as follows:

The Ministry of Foreign Affairs upon receipt of the lists of the United Nations Security Council shall transmit the same within the maximum period of two (2) working days to the Financial Investigations Unit-FIU.

The FIU, within the maximum period of one (1) administrative business day by means of express administrative resolution, shall provide for the freezing of funds and other assets of natural or legal persons, without the need to notify them. previously, communicating such Resolution to the obligated subjects of the national financial system and the corresponding public records, who will be obliged to comply.

In addition to the provisions of the previous paragraph, the UIF shall refer to the Judge of Instruction in the Criminal Court of the place of the seat of (a) the functions of the FIU, the Administrative Resolution of the freezing of funds and other assets, which shall be limited to verifying whether the affected was designated on the public lists of the United Nations Security Council, in which case it shall ratify the freezing freeze.

The funds and other assets shall remain frozen under this Law, as long as the exclusion of the United Nations Security Council's public lists is not produced or until such time as it occurs. the judicial decision of non-application of the freezing freeze for not being found the affected on the respective public lists.

II. In the case of a country's application, in the framework of international judicial and administrative cooperation, the procedure for the application of the freezing of funds and other assets, will be the following:

The Foreign Ministry will receive the request and without delay will assess that the same is in accordance with the applicable legal principles, on the basis of conventions and treaties international.

Once the request has been evaluated, and if it is accepted, it will be forwarded to the FIU and to the Judge of Instruction in the Precautionary Criminal of the place of the seat of functions of the FIU, for its treatment in the framework of the judicial cooperation and international administrative law established by the Code of Criminal Procedure, this Law and related laws.

The FIU, within the maximum period of one (1) administrative business day, by means of express administrative resolution, shall have the freezing administrative preventive of funds and other assets of natural or legal persons, without the need to notify them in advance, and will communicate the same to the obliged subjects of the national financial system and the corresponding public registers, who will be obliged to comply. The funds and other assets will remain frozen under this Law until the court decision on the application of the freezing of funds and communicated to the authorities and related records is issued.

It shall be forwarded to the FIU, the Supervisory Authority of the Financial System, the Pensions and Insurance Control and Control Authority or other competent administrative authorities, as well as to the respective public registers.

Article 5. (LIFTING OF THE MEASURE IN THE CASE OF HOMONIMIA). If it is established, by any means, that the freezing of funds and other assets affects a natural or legal person other than that designated by the effect of homonimia, the judicial or administrative authority which ultimately ruled the measure, will have the lifting of the freeze within the maximum period of two (2) working days at the request of the affected one.

CHAPTER II

NATIONAL COUNCIL OF STRUGGLE AGAINST THE LEGITIMIZATION OF ILLICIT PROFITS AND THE FINANCING TERRORISM

Article 6. (CREATION).

The National Council for the Fight Against the Legitimization of Illicit Earnings and the Financing of Terrorism is created, which will be integrated by the Maximum Executive Authorities of the following entities:

Economics and Public Finance.

Ministry of Government.

Ministry of Defense.

Ministry of Justice.

Ministry of Institutional Transparency and Fight Against Corruption.

II. The National Council of Fight Against the Legitimation of Illicit Gains and the Financing of Terrorism, it will be chaired by the Holder of the Ministry of Economy and Public Finance. In his absence, he shall preside over the Maximum Executive Authority of the Ministry concerned, in accordance with the order set out in the preceding paragraph. The members may delegate their participation to a public servant of immediate lower hierarchy.

III. For the fulfilment of their privileges, the National Council may request the participation of other institutions

UIF will provide technical and administrative support to the National Council, constituting its Technical Secretariat.

Article 7. (ATTRIBUTIONS).

I. The National Council for Combating Illicit Earnings and the Financing of Terrorism has the following powers:

Propose public policies for the prevention and repression of acts of legitimization of illicit profits and financing of terrorism.

Formulate guidelines for the design of prevention plans and the fight against the legitimization of Illicit profits and financing of terrorism.

Develop the Strategy to Fight the Legitimization of Illicit Gains and the Financing of Terrorism.

Evaluate the implementation of the Anti-Legitimization Strategy Illicit Profits and the Financing of Terrorism.

Approve Regulations for the functioning of the National Council.

II. The National Council shall forward to the President or President of the Plurinational State, an annual report on the implementation of the Strategy to Combat the Legitimization of Illicit Profits and Financing of Terrorism, as well as the fulfillment of goals and results achieved.

ADDITIONAL provisions

FIRST. The Criminal Code is incorporated into the criminalization of the offense of Indue Use of Insider Information as follows:

Article 228 Ter. (INSIDER TRADING). The person who, by virtue of his or her position, employment, position or responsibility, having access to or knowing inside information, uses, disseminates, transmits or otherwise provides, to achieve benefits, directly or indirectly, for himself or herself third, will be sanctioned with deprivation of liberty from one (1) to four (4) years. ?

SECOND. Article 133 of the Criminal Code is amended with the following text:

Article 133. (TERRORISM). The one who committed punishable acts that constitute crimes against common security, public health, and will be against the security of the means of transport; life, bodily integrity, freedom and security of the Chiefs of foreign State or other authorities that are internationally protected by reason of their charges, in order to intimidate or maintain in a state of alarm or collective panic to the population, to a sector of it or to compel a government national, foreign or international organization to perform an act or to abstain from doing so; subvert the constitutional order or depose the constitutionally elected government; it shall be sanctioned with a sentence of fifteen (15) to twenty (20) years, without prejudice to the appropriate penalty if such punishable acts were committed.

It also commits a crime of terrorism that, will take over an aircraft in flight or ship through violence, threat or any other form of intimidation; the one that atents to the life or integrity of an internationally protected person or commit a violent attack against official premises, private or medium residence the transport of an internationally protected person liable to endanger his or her physical integrity or freedom; the person who delivers, places, throws or detonates an explosive device or other deadly device against a place of public use; public or government installation, a transport network or public infrastructure facility, will be sanctioned with a prison of fifteen (15) to twenty (20) years.

It will be sanctioned with the same penalty that will promote, I will create, I will lead, formare part or lend support to an organization for the realization of the conduct typified in this Article.

Any conduct that has the purpose of claiming or exercising human rights, social rights or any other constitutional right shall not be sanctioned as a crime of Terrorism. ?

THIRD. The first paragraph of Article 1818a of the Penal Code is amended with the following text:

Article 185 Bis. (LEGITIMIZATION OF ILLICIT PROFITS). The knowingly, converting or transferring goods, resources or rights, linked to crimes of: manufacture, transport, marketing or illicit trafficking of controlled substances; smuggling; corruption; criminal organization; association criminal; trafficking of migrants; trafficking in arms; terrorism; financing of terrorism; scams and other fraud; corruption of child, child and adolescent; pimping; trafficking and trafficking; reception; reception from crimes of corruption; bribery; counterfeiting, bank notes, bearer titles and credit documents; falsification of documents in general; falsification of stamps, sealed paper, stamps, marks and passwords; environmental crimes; murder; serious injuries; kidnapping; reduction to the slavery or similar status; deprivation of liberty; coercion; vexation and torture; theft; theft; tax crimes; extortion; economic inflience; agio; misuse of inside information; for the purpose of hiding or covering up its origin illicit or collaborate with anyone involved in these crimes; or to knowingly hide or remove the true nature, source, location, disposition, movement, ownership or rights of such goods, resources or rights that come from the commission of the cited crimes; or the one that acquires, owns or uses these goods, resources or rights, knowingly, at the time of their receipt, which are the proceeds of the offences indicated; shall be punished with deprivation of liberty of five (5) to ten (10) years, disqualification for the exercise of the public function and/or elected and fine from two hundred (200) to five hundred (500) days.

FOURTH. Article 133a of the Penal Code is amended with the following text:

? Article 133a.-(FINANCING OF TERRORISM).

I. Everyone who deliberately, directly or indirectly, provides, collects, transfers, delivers, acquires, owns, negotiates or manages funds, assets, resources or rights, is through the exercise of legal activities In the case of a terrorist, terrorist organisation or to commit the crime of terrorism, it shall be punishable by a sentence of 15 (15) to twenty (20) years and shall be subject to the knowledge that they will be used, in whole or in part, by a terrorist, terrorist organisation or terrorist offence. the confiscation of the funds and assets involved, as well as the proceeds of the crime.

II. Incurre also in the crime of Financing of Terrorism, which will organize or direct the commission of this crime.

III. This crime is committed even when the funds, assets, resources or rights have not been used or are not linked to a specific terrorist act.

IV. The crime of Financing of Terrorism is autonomous and will be investigated, prosecuted and sentenced without the need for previous sentence for related offences.?

REPEAL AND ABROGATORY DISPOSITION

ONLY. All provisions contrary to this Law are repealed and repealed.

Remit to the Executive Body, for constitutional purposes.

It is given in the Session Room of the Plurinational Legislative Assembly, ten days in July of the year two thousand twelve.

Fdo. Lilly Gabriela Montano Viana, Rebeca Elvira Delgado Burgoa, Mary Medina Zabaleta, David Sanchez Heredia, Luis Alfaro Arias, Angel David Cortez Villegas.

Therefore, it is enacted to have and comply with the Law of the Plurinational State of Bolivia.

Palace of Government of the city of La Paz, at the thirty days of July of the year two thousand twelve.

FDO. EVO MORALES AYMA, David Choquehuanca Cespedes, Juan Ramón Quintana Taborga, Carlos Gustavo Romero Bonifaz, Ruben Aldo Saavedra Soto, Luis Alberto Arce Catacora, Cecilia Luisa Ayllon Quinteros, Nardy Suxo Iturry.