Law Amending And Supplementing The Law On Measures Against Financing Terrorism

Original Language Title: Закон за изменение и допълнение на Закона за мерките срещу финансирането на тероризма

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15566/

Name of law Law amending and supplementing the law on measures against financing of terrorism bill name a bill amending and supplementing the law on measures against financing terrorism date of acceptance 23/03/2016 number/year Official Gazette 27/2016 Decree No 83

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on measures against financing of terrorism, adopted by the National Assembly of HLIIÌ 23 March 2016.

Issued in Sofia on March 31, 2016.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Catherine Dana

LAW

amending and supplementing the law on measures against financing of terrorism (official GAZETTE 16/2003; amend., no. 31 of 2003, no. 19 of 2005, 59/2006, no. 92 and 109 ot2007, 28 and 36/2008, no. 33 and 57 from 2011 and 38/102 by 2012.)

§ 1. Create art. 4B and 4 c: "art. 4B. the measures under art. (3) shall apply in relation to:

1. natural persons, legal persons, groups and entities to whom the sanctions were imposed for terrorism or its financing with a regulation of the European Parliament and of the Council;

2. natural persons, legal persons, groups and organizations listed by the Security Council of the United Nations as related to terrorism or its financing or to which sanctions have been imposed for terrorism or its financing with a resolution of the Security Council of the United Nations – after the publication of the information under art. 5 (a), para. 1, item 2;

3. natural persons, legal persons, groups and entities included in a list to be adopted by decision of the Council of Ministers.

Art. 4. (1) measures on the subjects of art. 4 (b), paragraph 1 shall be applied in accordance with the procedure laid down in the regulations of the European Parliament and of the Council, and in accordance with this law, where this is provided for.

(2) measures on the subjects of art. 4 (b), paragraph 2 and 3 shall apply in accordance with this law. "

§ 2. In art. 5 make the following amendments and supplements: 1. Paragraphs 1-3 shall be amended as: "(1) on the proposal of the Minister of Foreign Affairs, the Minister of the Interior, the Chairman of the State Agency for national security or the Attorney General of the Council of Ministers shall, by a decision adopted, amended the list under art. 4 (b), item 3.

(2) in the list under para. 1 shall include:

1. persons against whom criminal proceedings have been brought for terrorism, financing of terrorism, recruitment or training of individuals or groups of people for the purpose of terrorism, exit or entry across the border of the country, as well as the illegal residence in it for participation in terrorism, formation, leadership or membership in an organized criminal group, which aims to carry out terrorism or terrorist financing , preparation to commit terrorism, spice up an official document in order to facilitate the making of terrorism clearly incitement to commit terrorism or a threat to commit terrorism within the meaning of the criminal code;

2. persons to whom there is sufficient evidence that carry out activities related to terrorism or terrorist financing;

3. persons posočeniot the competent authorities of another State.

(3) in the cases referred to in para. 2, item 3 proposal for adoption of a decision of the Council of Ministers is made by the Minister of Foreign Affairs in consultation with the Minister of Interior and Chairman of the State Agency for national security after received a request from the competent authorities of another State to the Ministry of Foreign Affairs. "

2. in the Al. 4, the words "together with the indications of the State Agency for national security for the implementation of the measures" shall be deleted.

3. in the Al. 5, first sentence, the words "para. 2 and 3 ' shall be replaced by "para. 2 "and" after the word "Court" is added under the administrative code.

4. a new para. 6:

"(6) a copy of the decision of the Supreme Administrative Court, which upheld the appeal under para. 5 shall be forwarded to the Council of Ministers, which shall immediately carry out the necessary changes. The decision of the Council of Ministers amending the list shall be published and published pursuant to para. 4. "

5. The current paragraph. 6 it al. 7 and after the word "no" is added "Foreign Minister".

6. Paragraph 7 is hereby repealed.

7. Paragraph 8 shall be replaced by the following:

"(8) Prosecutors shall immediately notify the Minister of the Interior, the Attorney General and the Chairman of the State Agency for national security, when you form a criminal proceedings for terrorism, financing of terrorism, recruitment or training of individuals or groups of people for the purpose of terrorism, exit or entry across the border of the country, as well as the illegal residence in it for participation in terrorism, formation, leadership or membership in an organized criminal group , which aims to carry out terrorism or terrorist financing, preparation to commit terrorism, spice up an official document in order to facilitate the making of terrorism clearly incitement to commit terrorism or a threat to commit terrorism within the meaning of the criminal code. "

§ 3. Create art. 5a and 5b: "art. 5a. (1) the Ministry of Foreign Affairs published on its website without delay information on:

1. the regulations adopted by the European Parliament and the Council to impose sanctions or to the financing of terrorism;


2. the adopted resolutions of the Security Council of the United Nations to impose sanctions in connection with terrorism or its financing, as well as changes in the lists of the persons referred to in those resolutions;

3. the decisions of the Council of Ministers under art. 5, al. 1.

(2) on the website of the Ministry of Foreign Affairs shall be published immediately and consolidated text of the list under art. 5, al. 2. Art. 5b. (1) the State Agency for national security in coordination with the Ministry of Internal Affairs gives guidance on the application of the measures referred to in art. 3. (2) the guidelines referred to in para. 1 shall be published on the Internet pages of the Ministry of Foreign Affairs and the State Agency for national security. "

§ 4. In art. 6 make the following amendments and supplements: 1. Paragraphs 1 and 2 shall be amended as: "(1) Block all funds and other financial assets or economic resources that are owned by the persons referred to in art. 4 (b), paragraph 2 and 3, no matter whose domain are located, as well as all funds and other financial assets or economic resources found in possession held or controlled by the persons referred to in art. 4 (b), paragraph 2 and 3, with the exception of property and rights which may not be targeted enforcement.

(2) the measure under para. 1 shall also apply to funds and other financial assets or economic resources, acquired after: 1. publication of information under art. 5 (a), para. 1, item 2;

2. the promulgation of the list under art. 4 (b), item 3. "

2. in the Al. 3 the words "monetary resources, financial assets and other property" is replaced by "funds and other financial assets or economic resources".

3. a new paragraph. 4: "(4) It acquired and generated by the funds and other financial assets or economic resources found in possession held or controlled by the persons referred to in art. 4 (b), paragraph 2 and 3 shall also be blocked from that date under para. 2. "

4. The current paragraph. 4 it al. 5 and in it:

and in the text) before item 1 the words "monetary resources, financial assets and other property" is replaced by "funds and other financial assets or economic resources";

(b)) in item 5, the words "included in the list under art. 5 ' shall be replaced by "referred to in art. 4 (b), item 2 and 3 ".

5. The current paragraph. 5 it al. 6 and in her words "para. 4 "shall be replaced by" para. 5. "

6. The current paragraph. 6 it al. 7 and in her words "para. 4 "shall be replaced by" para. 5 ", and finally" is added under the administrative code.

§ 5. In art. 7 the following modifications are made:

1. In paragraph 8. 1 the words "monetary resources, financial assets or other property" is replaced by "funds and other financial assets or economic resources" and the words "included in the list under art. 5 ' shall be replaced by "referred to in art. 4 (b), item 2 and 3 ".

2. in the Al. 2 the words "included in the list under art. 5 "shall be replaced by" referred to in art. 4 (b), item 2 and 3 ".

§ 6. In art. 8 is hereby amended as follows:

1. In paragraph 8. 1 everywhere the words "monetary resources, financial assets and other property" is replaced by "funds and other financial assets or economic resources" and the words "included in the list under art. 5 ' shall be replaced by "referred to in art. 4 (b), item 2 and 3 ".

2. in the Al. 4, the words "monetary resources, financial assets or other property" is replaced by "funds and other financial assets or economic resources".

3. Paragraph 5 shall be amended as follows:

"(5) the third bona fide persons who claim solo rights to the blocked funds and other financial assets or economic resources, can pursue their claims in a lawsuit after:

1. publication of information under art. 5 (a), para. 1, item 2;

2. the promulgation of the list under art. 4 (b), item 3. "

§ 7. In art. 9 create al. 10 and 11:

"(10) the notification under paragraph 1. 3 may also be performed electronically with the electronic signature or issued by the State Agency for national security certificate for access. Upon receipt of the notification shall be done automatically issue the incoming number and date, which shall be sent to the sender of an e-mail message.

(11) the conditions and procedures for the issue and use of the certificate for access under para. 10, the types of documents and data that can be submitted through the use of the electronic signature or certificate for access, and the order of their submission by electronic means shall be determined by written instructions of the Director of the Agency for financial intelligence of the State Agency for national security. The guidelines are published on the website of the State Agency for national security. "

§ 8. Article 12 is amended as follows:

"Art. 12. (1) the measures under art. 3, al. 1 be suspended within 7 days from:

1. the publication of the information under art. 5 (a), para. 1, paragraph 2 for the deletion of the person of the resolutions of the Security Council of the United Nations;

2. publication in the Official Gazette of the decision of the Council of Ministers, by which the natural or legal persons, groups and entities are deleted from the list under art. 4 (b), item 3.

(2) where in relation to the persons under art. 4 (b), paragraph 2 are imposed and penalties for terrorism or its financing with a regulation of the European Parliament and of the Council, measures under art. 3, al. 1 shall be suspended in accordance with the regulation. "

§ 9. In art. 15, para. 1 the words "art. 6, al. 1 "shall be replaced by" art. 6, al. 1-4.

§ 10. In art. 16 para. 1 shall be amended as follows:


(1) the acts establishing the infringements shall be drawn up by the Ministry of the Interior or the State Agency for national security and the penal provisions shall be issued by the Minister of the Interior or by officials authorised by him or by the Chairman of the State Agency for national security or an official authorised by him. "

§ 11. In the additional provisions the following modifications are made:

1. The title shall be replaced by the following: "additional provision".

2. paragraph 1 shall be amended as follows:

㤠1. Within the meaning of this law:

1. "financial services" are: carrying out the activities under art. 2, al. 1 and 2 of the law on credit institutions; insurance, reinsurance, or insurance-related services; public offering of securities and securities; all forms of management of funds or property on a professional basis; all forms of collective investment management, management of insurance companies and funds; the provision and dissemination of financial information, and financial data processing and related software, arising from other financial services providers, as well as intermediary, consulting, accounting and other ancillary activities related to the above described financial services.

2. "funds and other financial assets or economic resources are: property of every kind, whether tangible or intangible, movable or immovable acquired by any means, as well as legal documents or instruments in any form, including electronic or digital, evidencing right of ownership or other rights on it, including, but not limited to, bank credits, travellers cheques, bank cheques, money orders , shares, securities, bonds, bills of Exchange, letters of credit.

3. "financing of terrorism" is a direct or indirect, illegal and deliberate delivery and/or collection of funds and other financial assets or economic resources and/or the provision of financial services with the intention that they be used or in the knowledge that will be used in whole or in part to carry out terrorism within the meaning of the criminal code.

4. "control over the funds and other financial assets or economic resources" includes the control of legal persons within the meaning of the special laws governing the type of activity, as well as cases in which a person referred to in art. 4 (b) of this law, is the real owner of the customer – legal person within the meaning of the law on measures against money laundering. "

3. Paragraphs 1A and 1B are hereby repealed.

§ 12. In other texts of the law the words "monetary resources, financial assets and other assets", respectively "monetary resources, financial assets or other property" is replaced by "funds and other financial assets or economic resources".

Final provision

§ 13. In the law on measures against money laundering (official SG. 85 of 1998; amend., issue 1 and 102 from 2001, no. 31 of 2003, issue 103 and 105 by 2005, issue 30, 54, 59, 82 and 108 of 2006, issue 52, 92 and 109 in 2007, issue 16, 36, 67 and 69 of 2008. , PC. 22, 23 and 93 from 2009, PCs. 88 and 101 of 2010, PC. 16, 48, 57 and 96 by 2011, issue. 44, 60 and 102 by 2012 PCs. 52 in 2013, PCs. 1, 22 and 53 by 2014 and PCs. 14 and 79 by 2015.) make the following additions:

1. In art. 11 create al. 6 and 7:

"(6) the notification under paragraph 1. 1 and 2 may be performed electronically with the electronic signature or issued by the State Agency for national security certificate for access. Upon receipt of the notification shall be done automatically issue the incoming number and date, which shall be sent to the sender of an e-mail message.

(7) the procedure for the issue and use of the certificate for access under para. 6, the types of documents and data that can be submitted through the use of the electronic signature or certificate for access, and the order of their submission by electronic means shall be determined by written instructions of the Director of the Agency for financial intelligence of the State Agency for national security. The guidelines are published on the website of the State Agency for national security. "

2. In art. 16, al. 3 creating the second sentence: "the sending can be done electronically and by the procedure of art. 11, para. 6 and 7. "

The law was passed by the National Assembly-43 on 23 March 2016 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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