Law 170

Original Language Title: Ley 170

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Law No. 170 law of September 9, 2011 EVO MORALES AYMA President constitutional of the PLURINATIONAL State of BOLIVIA, whereas, the plurinational Legislative Assembly, has sanctioned the following law the Assembly Legislative PLURINACIONAL, DECREES: article 1. (OBJECT). This law aims at incorporating into the Penal Code of criminal figures of financing of terrorism and separatism; the modification of the typifications of the crimes of terrorism and laundering of illicit proceeds; and, the allocation to the financial investigations unit? UIF, attributions that establishing the administrative regime of the crime of financing of terrorism.
I. amending article 133 of the criminal code, with the following text:? ARTICLE 133.-(TERRORISM). The formare part, acting in the service or to cooperate in any way, with an armed organization aimed at committing crimes against common security, offences against life or crimes against bodily integrity, with the purpose of subverting the constitutional order, deposing the Government constitutionally elected, maintain in a State of alarm or collective panic the population or a sector thereof will be punished with imprisonment of fifteen (15) to twenty (20) years, without prejudice to the penalty corresponding if such crimes were committed.?
II. is incorporated into the Penal Code the offence of financing of terrorism, with the following text:? Article 133 bis-(financing of terrorism).

I anyone who deliberately, directly or indirectly, provides, collects, transfiriere, hand, adquiriere, has, negociare or gestionare funds, property, resources or rights, through the exercise of legal or illegal activities, with the intention to be used or knowing that it will be used, in whole or in part, to finance terrorism, shall be punished with imprisonment of fifteen (15) to twenty (20) years and the confiscation of funds and assets used , as well as the proceeds of crime.
II. the offence of financing of terrorism is autonomous and will be investigated, prosecuted and sentenced without prior ruling by related offences.?
III. is incorporated into the Penal Code the offence of separatism, with the following text:? Article 129 bis-(SEPARATISM). Which individually or organized decides unconstitutionally, agrediere, atacare, violentare, or asaltare taking the aim of divide, break or separate the unity of the State, shall be sentenced with deprivation of liberty of thirty (30) years without the right to pardon.
Same penalty shall apply to that collaborates, organizare, scopuri, check, determined, facilitates or cooperare in such separatist Act.?
IV. amending the first paragraph of article 185 bis of the Penal Code, with the following text:? Article 185 bis-(LEGITIMIZATION of illicit profits). Which acquire, convert or transfer property, resources or rights, linked to the crimes of: development, illicit trafficking in controlled substances, smuggling, corruption, criminal organizations, criminal associations, traffic and trafficking in persons, trafficking in human organs, trafficking, terrorism and financing of terrorism, with the aim of concealing or disguising its nature, origin, location, destination, movement or property, shall be punished with imprisonment of five (5) to ten (10) years ineligibility for the exercise of public office and/or elected officials and fine of two hundred (200) to five hundred (500) days.?
Article 3. (RESPONSIBILITIES OF THE FINANCIAL INVESTIGATIONS UNIT). The financial investigations unit? FIU, in addition to the powers set out in the regulations, shall have the powers of: receive, request, analyse and, where appropriate, transmit to the competent authorities the information duly processed, linked with the financing of terrorism;

Access any database of public entities to perform financial and patrimonial research activities in cases where suspected financing of terrorism offences.
I. for the purposes of this Act and scope of the powers of the financial investigations unit? UIF, are considered obligated entities, as well as public or private legal persons established in the regulation of the financial investigations unit? UIF, approved by Decree Supreme No. 24771, of 31 July 1997, modified by the article 7 of the Decree Supreme # 29681, on August 20, 2008; (and subsection to) of article 2 of the Decree No. 0910 Supreme, June 15, 2011, the following: collective persons or proprietorships engaged in the purchase and sale of foreign exchange;

Collective persons or proprietorships engaged in shipping and receipt of remittances;

Collective persons or proprietorships that have activity as transport or transfer of money, securities and precious metals;

Notaries public faith with reference to documents related to the purchase and sale of movable property subject to registration and real estate as well as the incorporation of companies and modification or dissolution thereof;

Others to be established by Supreme Decree.
II. the obligors have the duty to report to the financial investigations unit? UIF, information relating to operations related to the financing of terrorism, within the framework of the rules established by this entity. The breach of this obligation shall be punished in accordance with regulation.
Article 5. (DUTY TO INFORM). Do you have the duty to inform ex officio to the financial investigations unit? UIF, people who develop the activities outlined in the article 21 of the law No. 004, March 31, 2010, of fight against corruption, illicit enrichment and research of fortunes? Marcelo Quiroga Santa Cruz?, when developing the same detected signs of operations related to the crime of financing of terrorism or laundering of illicit proceeds; as well, they have the obligation to transmit all information requested by that entity within a research process that is being carried out on the Commission of such crimes.
Refer to the Executive Branch, for constitutional purposes.
Two thousand eleven is given in the room sessions of the Assembly Legislative plurinational, eight days of the month of September in the year.
FDO. Rene Oscar Martinez Callahuanca, Flora Aguilar Fernández, Zonia guard Melgar, Carmen García M., Esteban Ramirez Torrico, Agripina Ramirez Nava.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
Government Palace of the city of La Paz, to the nine days of the month of September of two thousand eleven years.
FDO. EVO MORALES AYMA, Carlos Romero Bonifaz, E. Viviana Caro Hinojosa, Luis Alberto Arce Catacora, Nilda Copa Condori.