Law Amending And Supplementing The Law On Measures Against Money Laundering

Original Language Title: Закон за изменение и допълнение на Закона за мерките срещу изпирането на пари

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Name of law Law amending and supplementing the law on measures against money laundering bill name a bill amending and supplementing the law on measures against money laundering Date of admission 11/12/2012 number/year Official Gazette 102/2012 Decree No 430

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 money laundering adopted by the National Assembly of the HLI 11 December 2012.

Issued in Sofia on 18 December 2012.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Diana Kovatcheva

LAW

amending and supplementing 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 and 60 of 2012)

§ 1. In art. 4 make the following amendments and additions:

1. In paragraph 8. 1 the words "art. 3, al. 2, items 1-4, 9-11, 13 and 28 "are replaced by" article. 3, al. 2, items 1-4, 9-11, 13, 28 and 32.

2. paragraph 19 is amended as follows:

"(19) when the bank account of the person under art. 3, al. 2, 11 and 28 from the Republic of Bulgaria, from another Member State or by a State included in the list under para. 9 is used to deposit sums of his client, the Bank performs identification under art. 3, al. 1 of this customer and requires no declaration under para. 7, provided that the identification was carried out and the Declaration is accepted by the person respectively under art. 3, al. 2, 11 and 28 and collected in identifying information is available to the Bank upon request. "

3. Create a new para. 20 and al. 21:

(20) where a bank account of the person under art. 3, al. 2, s. 32 is used for cash, which the person obtained from the liquidation of the assets of the debtors or in connection with the additional activity under art. 18 of the law on private enforcement agents, the Bank performs identification under art. 3, al. 1 of the client and does not require declaration under para. 7, provided that the identification was carried out and the Declaration adopted by the e person under art. 3, al. 2, s. 32 and collected in identifying information is available to the Bank upon request.

(21) the Bank collects enough information to ascertain whether the conditions for the application of the simplified arrangements referred to in para. 19 and 20 are complied with. "

4. The current paragraph. about al. 22. § 2. In art. 7 and create al. 4:

"(4) the Director of the Agency for financial intelligence of the State Agency for national security may issue instructions to the persons under art. 3, al. 2 and 3 for the application of advanced measures under art. 3, al. 1 and to persons from outside the list under para. 3. "

§ 3. In chapter two, section II art is created. 7 (b):

"Art. 7B. (1) the persons under art. 3, al. 2 and 3 are required to place under surveillance all especially complex or unusually large transactions or operations, as well as all transactions and operations that have no apparent economic or lawful purpose, which can be established with a view to the information available to the person under art. 3, al. 2 and 3, or not in accordance with the information available for the customer.

(2) in establishing the transactions or operations referred to in paragraph 1. 1 the persons under art. 3, al. 2 and 3 are required to gather information on the essential elements and dimensions of operation or transaction, the relevant documents and other identifying information.

(3) the information collected for the purposes of this article, information is recorded and stored so that it is available to the Agency for financial intelligence of the State Agency for national security, to the relevant supervisory authorities and Auditors. "

§ 4. In art. 8 make the following amendments and additions:

1. The current text becomes paragraph 1 and in it, in the first sentence, after the word "operations" a comma and add "and documents relating to the establishment and maintenance of commercial or professional relationship".

2. a para. 2:

"(2) on the written instructions of the Director of the Directorate" Financial Intelligence "Agency period" under para. 1 for storing information can be extended to seven years. "

§ 5. In art. 11, para. 1, after the words "suspicion of money laundering ' shall be added" or the presence of agents with criminal origin ".

§ 6. In art. 13, para. 3 the words "agency" shall be replaced by "the Director of the Directorate" Financial Intelligence "agency", and the word "Department" shall be replaced by "it".

§ 7. In art. 15, para. 1 after the number "13" a comma and add "17".

§ 8. In art. 15A, para. 1 after the number "13" a comma and add "17".

§ 9. In art. 16, al. 1, after the words "the President of the Agency" shall be added "or an official authorised by him".

Final provisions

§ 10. In 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 in 2007, 28 and 36 of 2008, 33 and 57 from 2011 and 2012 38) the following amendments and supplements shall be made :

1. In art. 5:

(a)) in the Al. 4 Finally adds "and published on the Internet pages of the Council of Ministers, the Ministry of the Interior and the State Agency for national security along with indications of the State Agency for national security for the implementation of the measures";

(b)) in the Al. 6, second sentence, after the words "shall be published" insert "and published".

2. In art. 6, al. 1, after the words "possessed" a comma and the words "or held" are replaced by "held or controlled".

3. In the additional provisions § 1 (b) shall be established:


"§ 1 (b)." Control over monetary resources, financial assets and other property "within the meaning of this law include 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 included in the list under art. 5 of this law, is the real owner of the customer – legal person within the meaning of the law on measures against money laundering. "

§ 11. Within three months of the entry into force of this law the Council of Ministers sets in accordance with it the rules of the application of the law.

The law was adopted by 41-Otto National Assembly on 11 December 2012 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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