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LAW No. 262 LAW OF 30 JULY 2012
Evo Morales STATE CONSTITUTIONAL PRESIDENT OF BOLIVIA
PLURINATIONAL Whereas, the Plurinational Legislative Assembly, has sanctioned the following Law:
LA Plurinational Legislative Assembly DECREES
REGIME FREEZING AND OTHER ASSETS
FUNDS FROM PERSONS WORKING WITH TERRORISM
TERRORISM AND FINANCING CHAPTER I
FREEZING OF FUNDS AND OTHER
ASSETS Article 1. (OBJECT). This Act is to establish and regulate the preventive freezing of funds and other assets of natural or juridical persons linked to terrorism and the financing of terrorism contained in public lists United Nations or the requirements of countries under international cooperation; the creation of the National Council to Combat Illicit Income Legalization of Terrorist Financing; and incorporate and modify articles of the Penal Code, related to terrorism and laundering of illicit profits.
Article 2 (SCOPE). This Act shall apply to funds and other assets belonging to natural or legal persons linked to terrorism or terrorist financing in the following cases
When natural or legal person is recorded in public lists the United Nations Security Council, in the pursuit of terrorism.
At the request of a country, within the framework of international judicial and administrative cooperation, for the freezing of funds and other assets of individuals or legal entities related to terrorism or its financing.
Article 3 (PREVENTIVE FREEZING OF FUNDS AND OTHER ASSETS).
I. Preventive freezing of funds and other assets is the prohibition of transfer, conversion, dispose of or transfer funds or other assets during the term of the measure taken and should not be made records, liens or later entries in public records. The freezing of funds and other assets does not constitute expropriation or loss of property rights on goods made by this preventive measure.
II. Preventive freezing apply to funds and other assets individually or jointly owned, belonging to natural or legal persons named in the lists of the United Nations Security Council or the requirements of countries in the framework of international cooperation, including directly or indirectly controlled by such persons. Also it reaches the product obtained or derived from these frozen funds or assets.
III. It will be understood as funds and other assets to property of any kind, whether tangible or intangible, movable or immovable, regardless of how they had acquired; including documents or instruments, whatever its kind, character or nature, whether or not electronic or digital, evidencing title or property right of such funds or other assets.
Article 4 (PROCEDURE).
I. When natural or legal person is recorded in public lists of United Nations Security Council, the procedure for the purposes of the application of the freezing of funds and other assets, is as follows:
The Ministry of Foreign Affairs to receive the lists of the United Nations Security Council, will forward them within a maximum period of two (2) administrative services to the Financial Intelligence Unit working days - FIU.
The FIU, within a maximum period of one (1) business day by express administrative Administrative Resolution, provide preventive freezing of funds and other assets of natural or legal persons, without previously notifying, communicating this Resolution to the obligors of the financial system and public records, who are obliged to fulfillment.
Parallel with the provisions of the preceding paragraph, the FIU forwarded to the Coroner Criminal place Cautionary Shift headquarters functions of the FIU, Administrative Resolution preventive freezing of funds and other assets, which will be limited to verify if the affected was appointed in public lists of United Nations Security Council, in which case it shall ratify the preventive freezing.
Funds and other assets will remain frozen by order of this law, while excluding public lists of United Nations Security Council or until the judicial decision not to apply the preventive freezing occurs not does not occur found the affected public in the respective lists.
II. In the case of the application of a country, within the framework of international judicial and administrative cooperation, the procedure for the purposes of the application of the freezing of funds and other assets, is as follows:
The Foreign Ministry will receive the request and without delay assess that it is in accordance with the applicable legal principles, based on international conventions and treaties.
After evaluating the request, and if it is accepted, will be forwarded to the FIU and the Coroner Criminal Cautionary Shift place headquarters functions of the FIU, for treatment in the context of judicial cooperation and international administrative established by the Code of Criminal Procedure, this Law and related laws.
The FIU, within a maximum period of one (1) business day administrative, by express administrative resolution, have the administrative preventive freezing of funds and other assets of natural or legal persons, without prior notify and communicate the same to the obligors of the financial system and public records, who are obliged to fulfillment. Funds and other assets will remain frozen by order of this law until the court decision is handed down regarding the application of the freezing of funds and communicated to the authorities and records.
The court decision will be forwarded to the FIU, the Financial Supervisory Authority System to Control and Control Authority Pension and Insurance or other administrative authorities, as well as the respective public records.
Article 5 (LIFTING OF THE MEASURE IN CASE OF homonyms). If it is found, by any means, that the freezing of funds and other assets affects a natural or legal person other than the designated purpose of homonyms, the judicial or administrative authority ruled ultimately the measure, will have to lift the freeze within a maximum period of two (2) working days at the request of the affected.
CHAPTER II NATIONAL COUNCIL TO COMBAT ILLICIT GAINS AND LEGITIMATE TERRORIST FINANCING
Article 6 (CREATION).
Ministry of Economy and Public Finance: the National Council to Combat Illicit Income Legalization of the Financing of Terrorism, which will be composed of the highest executive authorities of the following entities is created.
Ministry of Government.
Ministry of Defence.
Ministry of Justice.
Ministry of Institutional Transparency and Combating Corruption.
II. The National Council for Combating laundering of illicit proceeds and financing of terrorism, will be chaired by the head of the Ministry of Economy and Public Finance. In his absence, he will preside over the Maximum Executive Authority of the corresponding Ministry, according to the order established in the preceding paragraph. Full members may delegate their participation to a public servant hierarchy immediately below.
III. To fulfill its responsibilities, the National Council may request the participation of other public institutions related to the fight against laundering of illicit proceeds and terrorist financing.
IV. The FIU will provide technical and administrative support to the National Council, becoming its Technical Secretariat.
Article 7 (POWERS).
I. The National Council to Combat Illicit Income Legalization of Terrorist Financing has the following powers:
Propose public policies of prevention and suppression of acts of laundering of illicit proceeds and terrorist financing.
Develop guidelines for the design of plans preventing and combating the laundering of illicit proceeds and financing of terrorism.
Develop Strategy to Combat Illicit Income Legalization of Terrorist Financing.
Evaluate the implementation of the Strategy to Combat Illicit Income Legalization of Terrorist Financing.
Approve regulations for the operation of the National Council.
II. The National Council shall transmit to the President or President of the Plurinational State, an annual report on the implementation of the Strategy to Combat Illicit Income Legalization of Terrorist Financing and the fulfillment of the goals and results achieved.
ADDITIONAL PROVISIONS FIRST. It joined the Criminal Code offense of Abuse of Inside Information as follows:
? Article 228 Ter. (MISUSE OF INSIDER). Which by virtue of their office, employment, position or responsibility, accessing or knowing insider information, use, disclose, transmit or dispose of it, to achieve benefits, directly or indirectly, for himself or a third party, it shall be punished by deprivation freedom of one (1) to four (4) years. ?
SECOND. Article 133 of the Penal Code is amended to read as follows:
Article 133 (terrorism)?. Who commits offenses that constitute crimes against common security, public health and safety Interference with means of transport; life, physical integrity, liberty and security of foreign heads of state or other authorities that are internationally protected because of their positions, in order to intimidate or maintain in alarm or collective panic the population, a sector thereof or to compel a national, foreign government or international organization to perform an act or to refrain from doing so; subverting the constitutional order or overthrow the constitutionally elected government, it shall be punished with imprisonment of fifteen (15) to twenty (20) years, without prejudice to the penalty to it unless such offenses were committed.
Also commits the crime of terrorism that seizes an aircraft in flight or ship by force, threat or any other form of intimidation; which threatens the life or integrity of an internationally protected person or commits a violent attack on official premises, private accommodation or means of transport of an internationally protected person likely to endanger their physical integrity or liberty; which deliver, place, throw or detonate an explosive or other lethal device against a place of public use, a State or government facility, a transport or installation of public infrastructure shall be punished with imprisonment of fifteen (15) twenty (20) years.
Shall be punished with the same penalty who promotes, creare, directs, formare prestare part or support an organization to carry out the acts described in this article.
Behaviors whose purpose claim or exercise of human rights, social rights or any other constitutional right, will not be punished as a crime of terrorism. ?
THIRD. the first paragraph of Article 185a of the Penal Code is amended to read as follows:
Article 185a. (Laundering of illicit proceeds). Whoever knowingly converts or transfers property, resources or rights related to crimes of manufacture, transport, marketing or illicit trafficking of controlled substances; smuggling; corruption; criminal organization; conspiracy; smuggling of migrants; arms trafficking; terrorism; terrorist financing; scams and other frauds; corruption child or adolescent; procuring; trafficking in persons; receiving; receiving from corruption offenses; bribery; fromCurrency counterfeiting banknotes, bearer securities and credit documents; falsification of documents in general; counterfeit stamps, stamped paper, stamps, marks and passwords; environmental crimes; murder; very serious injuries; kidnapping; reduction to slavery or a similar condition; deprivation of liberty; coercion; abuse and torture; Stole; theft; tax crimes; extortion; economic disloyalty; agio; misuse of inside information; for the purpose of concealing or disguising the illicit origin or collaborate with whoever is involved in these crimes; or who knowingly conceals or disguises the true nature, source, location, disposition, movement, ownership or rights to such property, resources or rights arising from the commission of the offenses listed; or to acquire, possess or use these assets, resources or rights, knowing, at the time of receipt, which are products of the offenses stated; It shall be punished by imprisonment of five (5) to ten (10) years disqualification from public office and / or elected officials and a fine of two hundred (200) to five hundred (500) days.
Article 133 bis (TERRORIST FINANCING): Article 133a of the Criminal Code with the following changes.
I. Anyone who deliberately direct or indirect way, proveyere, recolectare, transfiriere, deliver them, acquires, possesses, negotiates or gestionare funds, assets, resources or rights, either by taking legal or illegal activities, with the intention that used or knowing that will be used by a terrorist, a terrorist organization or to commit the crime of terrorism shall be punished with imprisonment of fifteen (15) to twenty (20) years and confiscation of funds, in whole or in part, and goods involved and the proceeds of crime.
II. also commits an offense of financing of terrorism, which organizes or be addressed by the commission of this crime.
III. This offense is committed even if the funds, assets, resources or rights have not been used or are not linked to a specific terrorist act.
IV. The crime of terrorist financing is autonomous and will be investigated, prosecuted and sentenced without previous judgment related crimes.?
Abrogating PROVISION REPEAL AND UNIQUE. They are repealed and repealed all provisions contrary to this Law.
Refer to the Executive Branch, for constitutional purposes.
It is given in the Hall of Sessions of the Plurinational Legislative Assembly, on the tenth day of July in the year two thousand and twelve.
Fdo. Lilly Viaña Gabriela Montaño, Rebeca Delgado Burgoa Elvira, Mary Medina Zabaleta, David Sanchez Heredia, Luis Arias Alfaro, Angel David Cortez Villegas.
So I have to be enacted and meets at Law of the Plurinational State of Bolivia.
Government Palace in the city of La Paz, on the thirtieth day of July in the year two thousand and twelve.
FDO. Evo Morales, David Choquehuanca Céspedes, Juan Ramon Quintana Taborga, Carlos Gustavo Romero Bonifaz, Aldo Ruben Saavedra Soto, Luis Alberto Arce, Cecilia Luisa Ayllon Quinteros, Nardy Suxo Iturry.
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