253/2008 Sb.



LAW



of 5 December. June 2008



on certain measures against the legalization of proceeds of crime and

the financing of terrorism



Change: 285/2009 Sb.



Change: 227/2009 Sb.



Change: 281/2009 Coll., 199/2010 Sb.



Change: 139/2011 Sb.



Change: 420/2011 Sb.



Change: 428/2011 Sb, Sb 457/2011/2012, 18 Sb., 377/2012 Coll., 399/2012

SB.



Change: 241/2013 Sb.



Change: 303/2013 Sb.



Change: 257/2014 Sb.



Change: 166/2015 Sb.



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



INTRODUCTORY PROVISIONS



§ 1



The subject of the edit



This law incorporates the relevant provisions of the European Communities ' ^ 1 '),

at the same time follows on directly applicable provisions of the European

Community ^ 2) and modifies the



and certain measures against the legalization of) the proceeds of crime and

the financing of terrorism,



(b)) some of the rights and obligations of natural and legal persons in the

the implementation of measures against the legalization of proceeds of crime and

the financing of terrorism,



in order to prevent abuse of the financial system for the legalization

the proceeds of crime and the financing of terrorism and the creation of

conditions for the detection of such negotiations.



§ 2



Mandatory of the person



(1) Required by a person for the purposes of this Act, means the



and the credit institution) is



1. the Bank,



2. savings and credit cooperative,



(b)), which financial institutions, unless the credit institution is



1. the central depository, the head of the person recording a follow-up to the Central

led by the central securities depository, the person leading the

separate registers of investment instruments, the person leading the register

follow-up on separate registers of investment instruments ^ 4),



2. the organizer of the market with the investment instruments,



3. a person authorised to provide investment services ^ 5) with the exception of the

the investment provider ^ 6)



4. investment company, local government investment fund, the main

Administrator of an investment fund, pension company and pension fund,



5. a payment institution, the payment service provider of the small scale,

electronic money institutions, and the Publisher of a small electronic money

range ^ 3),



6. the person entitled to the grant of leases, guarantees, loans or cash

loans or to trading with them,



7. the person entitled to the intermediation of savings, leasing, credits or

cash loans,



8. the undertaking, a reinsurance undertaking, an insurance broker and a separate

the liquidator of insurance events in the performance of activities related to the

operation of a life insurance ^ 7), with the exception of the insurance

the provider, in which insurance company is responsible for the damage

caused by its activities,



9. the person that purchases the debts and claims and traded with them,



10. a person entitled to the money exchange activities in accordance with the foreign exchange law,



11. a person other than those referred to in points 1 to 10, authorized to perform or

intermediation of payment services or postal services, whose

the purpose is the delivery of the cash amounts remitted,



12. a person entitled to consulting for entrepreneurs in matters

capital structure, industrial strategy or to the advice and services of the

in the area of mergers and acquisition business establishments ^ 9),



13. the person providing services money broking,



14. the person providing the service of safekeeping of valuables,



(c) the holder of a permit to operate a) gambling in a casino under the law on

Lotteries and other similar games,



(d)), the person authorized to trade in real estate or to mediation

trade with them,



e) auditor, tax consultant and accountant,



(f)) in the implementation of more bailiff bailiff's activities by

enforcement of the order and in the custody of the money, securities or other

assets,



(g)) the notary in operations within the notarial custody ^ 8) or attorney or

the notary in the custody of the money, securities or other assets of your

the client, or if the client requested services have found or

lie in the negotiations on behalf of the client, or on its account in the



1. provision of the purchase or sale of real estate or commercial plant ^ 9)

or its parts,



2. manage the money, securities, shares or other assets

his client, including the negotiations on behalf of the client, or on its account in the

the context of the establishment of the account with a credit institution or a foreign

a credit institution or a securities account and account management,



3. the establishment, management or operation of the business of the company,

the business of the group or any similar service, regardless of

on it, whether it is a legal person or not, as well as the acquisition and

shromažďovaní of funds or other money transferred

the values for the purposes of establishing, managing or controlling such an entity, or



4. collection, payments, transfers, deposits or withdrawals carried out during the

non-cash and cash payments, or any other

the negotiations, which aims to move money or throws it directly,



(h)) a person referred to in subparagraphs and nenaplňující characters) to (g)), providing other

the person of the service consisting in the



1. the establishment of legal persons,



2. the negotiations on behalf of the legal person, or other person in a similar

position, if the performance of this service is only temporary and is related to the

the establishment and management of the legal person,



3. the provision of registered office, address, where appropriate, and other related

services for another legal person,



4. Act as designated by the shareholder for another person, if this is not

companies whose securities are admitted to trading on a

a regulated market and which is subject to disclosure requirements

equivalent to the requirements of Community law, or



5. the negotiations on its behalf or on behalf of the activities referred to in

(g)),



I) the person who provides the services referred to in point (h)) in the framework of

the trust account or other similar contractual relationship by foreign

the rule of law,



(j)), the person authorized to trade in cultural monuments ^ 10) or with

objects of cultural value ^ 11) or to the mediation of such shops,



k) person entitled to trade in second-hand goods or to

mediation of such transactions or to receive goods in pawn,



l) the national registry administrator trading under the law on

the terms of trading greenhouse gas emission allowances ^ 27)

(hereinafter referred to as "the national administrator").



(2) a person is also Required



and) foreign legal or natural person referred to in paragraph 1, which

on the territory of the Czech Republic has been operating through its branch offices,

organizational folder or the establishment, to the extent the activities of this

Branch, organizational component of a Department or pursued,



(b)) on the territory of the Czech Republic, acting a foreign person if you like

the entrepreneur shall perform the activities referred to in paragraph 1,



(c)), the Centre of securities,



(d)) that is not a businessman, referred to in paragraph 1, if it accepts payment

in the cash of a value of EUR 15 000 or more,



(e)) the legal person who is not a professional, if it is entitled to

to provide the service as one of the activities referred to in paragraph 1, or

If it accepts payment in cash of a value of EUR 15 000 or more.



(3) a person is not Mandatory, with the exception of the persons referred to in paragraph 2 (a).

(d)), and (e)), the person that the activities referred to in paragraph 1 does not like

course of its business.



§ 3



The basic concepts



(1) the legalisation of proceeds of crime, for the purposes of this Act,

means for monitoring the negotiations cover the illegal origin of any

the economic benefits arising from criminal activities in order to wake up,

that the property benefits acquired in accordance with the law; referred to

the hearing is, for example,



and in the conversion or transfer) of property with the knowledge that comes from criminal

activities, for the purpose of disguising its classification or its origin or

the purpose of assisting a person who is involved in the Commission of such activity to

escape the legal consequences of their actions,



(b)) in the classification or disguising the true nature, source, location, movement

of the asset or dealing with him or change rights relating to property

knowing that such property is derived from criminal activity,



(c)) in the acquisition, possession, use or disposal of assets with him knowing that

derived from criminal activity, or



(d)) in the criminal organisation of persons or any other form of cooperation for the purpose of

the acts listed in subparagraphs), b) or (c)).



(2) the financing of terrorism



and the collection or provision) of funds or other

property with the knowledge that it will be, even if only in part, used to commit

the crime of terror ^ 12), terrorist attack ^ 13) or a

the Act, which is intended to enable or assist in committing such criminal

^ crime 14), or to support a person or group of persons to

such an offence, or



(b)) the negotiations leading to the granting of remuneration or compensation to the offender

a crime of terror, terrorist attack or criminal offence which

to allow or assist in committing such an offence, or ^ 14)

a person close to the offender within the meaning of the Criminal Code ^ 15), or collecting

resources on such remuneration or compensation.



(3) for the purposes of this Act, it is not decisive whether the conduct referred to in

paragraph 1 or 2, or to commit a crime has occurred or will occur

totally or partially on the territory of the Czech Republic or abroad.



§ 4



Other concepts



(1) the Trade for the purposes of this Act shall mean any act required

a person with another person, if such conduct is directed towards the treatment of

the property of the other person, or to provide the services of this other person.



(2) account for the purposes of this Act, means the contractual relationship

between a person and another person, the purpose of which is the management of

the property of the other person or the provision of services of any other person,

If it is in the formation of the contractual relationship, taking into account all

Obviously, the circumstances that will contain recurring transactions.



(3) use the client for the purposes of this Act, means any act,

on the basis of which the person is required to dispose of the property.



(4) the beneficial owner for the purposes of this Act, means the



and) for entrepreneurs



1. a natural person who effectively or legally exercised directly or

indirectly, a dominant influence on the management or operation of the business


^ race 9) for this entrepreneur; indirect influence means influence

performing through another person or other persons,



2. a natural person who alone or on the basis of the agreement with another partner

or partners has more than 25% of the voting rights of the

entrepreneurs; disponováním voting rights means the ability to

exercise the voting rights at its sole discretion, regardless of the

whether and on what basis the legal reason are exercised, where appropriate,

the ability to affect the exercise of voting rights by another person,



3. natural persons acting in concert with more than 25%

the voting rights of the entrepreneur, or



4. a natural person who is the beneficiary on the basis of revenue, other facts

from the activity of the entrepreneurs,



(b)) for the Foundation or Endowment Fund



1. a natural person who is to be the beneficiary of at least 25% of the distributed

resources, or



2. If it has not been decided who will be the beneficiary of the proceeds of the Foundation or

the Endowment Fund, a natural person or persons in whose interests were

based, or in the interest Act,



(c)) for another law society ^ 16), the Institute, in General

beneficial to society, or other similar person and in the case of a trust

relationship or any similar relationship, according to the foreign law of the physical

person,



1. which has more than 25% of the voting rights or property,



2. to be the beneficiary of at least 25% of allocations, or



3. in which the interests were based or in the interest of the Act, if

decided who will be the recipient of their revenues.



(5) a politically exposed person, for the purposes of this Act, means the



and) means a natural person, which is a significant public function with the national

scope, such as the head of State or head of Government, Minister,

the Deputy or Assistant Minister, Member of Parliament, Member of the Supreme

the Court, the Constitutional Court or another higher judicial authority, against which the

the decision of the General exceptions, you cannot use the remedies, the

the Court of Auditors, the Supreme authority of the Central Bank, the high

the officer in the armed forces or Corps, a member of the administrative, management

or control authority of the commercial plant ^ 9) owned by the State,

the Ambassador or chargé d ' affaires, or the natural person who, similar to

the function executes in the institutions of the European Union or other international

the Organization, and it for the performance of this function, and also for one year

after their performance of this function, and that



1. has a residence outside of the Czech Republic, or



2. such an important public function performs outside the Czech Republic,



(b)) a natural person who



1. is the person referred to in subparagraph (a)) in respect of marriage, the partner

or in another similar relationship or in respect of a parent,



2. is the person referred to in subparagraph (a)) in respect of a son or daughter, or to

son or daughter of a person referred to in subparagraph (a)) by a person in a relationship

married (zeťová, daughter-in-law), partner, or other similar relationship,



3. is the companion or the actual owner of the same legal entity,

where appropriate, a trust or other similar legal arrangement referred to in

foreign law, as the person referred to in subparagraph (a)), or is it

mandatory person known in any other middle business

the relationship with the person referred to in subparagraph (a)), or



4. is the actual owner of the legal person, trust or, where appropriate,

another similar legal arrangement in accordance with foreign law,

which is known to have been created in favour of the persons referred to in point (a)

and).



(6) proof of identity for the purposes of this Act, means the document issued by the

by a public authority, which shall indicate the name and surname, date of

birth and from which is visible form, where appropriate, other information allowing the

identify the person who submitted the document, such as its authorised

of the holder.



(7) the correspondence bank account for the purposes of this Act, means the

the contractual relationship between the úvě-top foreign credit institutions, or

institutions, operating through its branch offices in the territory of the Czech

of the Republic, and the credit or similar institutions abroad, which

a foreign credit institution, a credit institution,

through its branch offices in the territory of the Czech Republic, or credit

or similar institution abroad allows you to make payments to the

abroad, or receive payments from abroad through the second

the Contracting Parties.



§ 5



Identification data



For the purposes of this law, identification data means



and all for a natural person) first and last name, social security number, and the

assigned, date of birth, place of birth, sex, permanent or

another residence and citizenship; If the entrepreneurial natural person, whether or not

her business name, distinguishing addendum or other designation, the place

business and the identification number of the person



(b) in the case of a legal person) business name or name, including distinct

Appendix or subsequent designation, the seat, the identification number of the person or

a similar number assigned in the foreign country; in the case of persons who are the

a statutory body or a member, the information referred to in subparagraph (a)).



§ 6



Suspicious store



(1) a suspect for the purposes of trade, this law means business

having been made under circumstances that give rise to suspicion of legalization efforts

the proceeds of crime, or suspected, that the resources used in the trade

they are intended to finance terrorism, or the other, the fact that

such suspicion could suggest, for example,



and performs selections or client) transfers to other accounts immediately after the

cash deposits,



(b)) in one day or in the days immediately following

the client shall take place strikingly more money transactions than for its

the usual activities,



(c) the number of accounts set up by the client) is manifestly disproportionate to the subject

its business activities or its property conditions,



(d) the client transfers the asset), which obviously do not have the economic

the reason,



e) resources, with which the client disposes of, clearly do not correspond with the nature or

the scope of its business activities or its property conditions,



f) account is used in violation of the purpose for which it was established,



(g)), the client performs activities that can assist in disguising his

the identity or disguising of the identity of the actual owner,



(h) the client or the beneficial owner) is a person from a State which

insufficiently or not at all does not apply the measures against the legalization of proceeds from

crime and the financing of terrorism, or



I) required the person has doubts about the veracity of the obtained identification

information about the client.



(2) the suspect is business always, if



and the client or the beneficial owner) is a person in respect of which the Czech Republic

apply international sanctions under the law on the implementation of the international

sanctions ^ 17),



(b)), the subject of trade or to be goods or services in respect of which the Czech

Republic claims the penalties according to the law on the implementation of the international

sanctions ^ 17), or



(c) the client refuses to submit) control or refuses to give identification

the data of the person for whom it is.



PART THE SECOND



THE BASIC OBLIGATIONS REQUIRED OF PERSONS



TITLE I OF THE



IDENTIFICATION AND CONTROL OF A CLIENT



section 7 of the



The obligation of identification



(1) if the person is a participant in the mandatory trade value exceeding

the amount of EUR 1 000, before its implementation always identifies the client,

If this law provides otherwise.



(2) Notwithstanding the limit laid down in paragraph 1 identifies the mandatory

the person of the client, or as regards the



and suspect trade)



(b)) the emergence of a business relationship



(c) the conclusion of the account agreement), the deposit on the bank book or the party holding

worksheet or the negotiation of other forms of investment,



(d) the conclusion of a contract for the hire of) safety deposit box or the Treaty on

the custody,



e) conclusion of life insurance, if the client has the right to

unilaterally settle for more premium payments over the agreed framework

one-off or regular premium,



(f) purchase or adoption) of cultural monuments, objects of cultural value,

used goods or goods without proof of his acquisition of the mediation

their sales or taking things to pledge, or



(g)), payment of the balance of the voided deposit passbook to the bearer.



(3) a person identifies a person who has the right to performance of the

life insurance, no later than at the time of payment of the indemnity.



§ 8



The implementation of the identification



(1) to identify the client who is a natural person, and of any

a natural person acting on behalf of a client who is a legal person,

performs the required for the physical presence of the person identified, if

not otherwise provided for in this Act.



(2) to identify the client that is



and the physical person, required) a person record the identification data and verifies the

from the identity card if they are listed there, and then record the type and

the identity card number, State, where appropriate, the authority which issued it, and

the period of its validity; at the same time verifies the conformity of the form with the

the identity card,



(b)) a legal person, the person shall record the identification data required and

verifies proof of the existence of a legal person to the extent referred to in point (a)

and the identification of physical persons) will be, which is on its behalf in a given

trade; If it is a statutory body, its member or a controlling person

This legal person, another legal person, it shall record its

identification data.



(3) if the client is represented on the basis of power of Attorney,

identification of the agent in accordance with paragraph 2 and on the presentation of a power of Attorney;

This power of Attorney is not required if the person who otherwise has not been

empowered to dispose with the funds on the account, the account

cash and at the same time delivers the required person already completed and authorised

the person signed the documents, or only delivers documents, on the basis of

where the disposition is to be carried out with the funds on the account.



(4) if the client is represented by a legal representative, the identification of the

legal representative under paragraph 2. The legal representative shall

the identification data of the represented.



(5) in other stores with the client, which was already identified by the

paragraph 2, shall verify the identity of the person required in an appropriate manner the specific

acting on natural persons. This verification can be done even without physical


the presence of a client who is a natural person or a natural person

acting on behalf of a client who is a legal person.



(6) the duration of the business relationship or when other stores required

person checks the validity and completeness of the identification data of the client,

the information obtained in the framework of the control of the client (§ 9) or the soundness

exceptions to the client control (section 13) and records of their changes.



(7) if the mandatory person in closing trade, suspects that the

the client is not on its own behalf, or that the obscure that this is for a third person,

ask the client to demonstrate the power of Attorney referred to in paragraph 3. Everyone is obliged to

to meet this challenge, if another law provides otherwise; Attorney

or notary may be required to fulfill an obligation to the person whether or not passing

copies of the relevant parts of the documents from which the identification data found.



(8) the client shall provide the required information to the person which are to perform

identification of necessary, including the submission of the relevant documents. Mandatory

a person may, for the purposes of this Act to take copies of or extracts from

submitted documents and handle the information thus obtained to the fulfillment of

the purpose of this Act.



§ 9



Check client



(1) any person, before undertaking a Compulsory individual trade in value of 15

000 € or higher, the trade, which is covered by the obligation of

identification according to § 7 (2). 2 (a). and (d))) up, trade in politically

an exposed person and the duration of the business relationship also performs

the control of the client. The client shall provide the required information to the person, which are to

perform the necessary checks, including the submission of the relevant documents.

Mandatory person may, for the purposes of this Act to take copies of or extracts

from the submitted documents and handle the information thus obtained to the fulfillment of

the purpose of this Act.



(2) the client includes



and) obtain information on the purpose and intended nature of the trade or business

the relationship,



(b) the actual owner) if the client is a legal person,



(c)) to obtain the information necessary for the implementation of the ongoing monitoring of the

the business relationship including scrutiny of trades carried out in the course of the

the relationship in order to determine whether the stores are carried out in

accordance with what mandatory person knows about the client and its business and

risk profile,



(d) review of the sources of funds).



(3) the person carrying out the check referred to in paragraph 2 in the client scope

How to assess the potential risks of the legalization of proceeds from crime

the activities and the financing of terrorism, depending on the type of client,

business relationship, product or transaction. Persons authorized to perform

checks fulfilment of the obligations under this Act (section 35) required a person

justify the appropriateness of the scope of the client or the verification of compliance with the

conditions for exemption from the identification and control of the client pursuant to section 13,

with regard to the above risks.



§ 10



Identification of the client made by a notary, the regional authority or municipal

Office



(1) If the first client identification required by the person referred to in

§ 8 paragraph. 1 preventing the serious reasons, on the basis of the request of the client or mandatory

the person may perform the notary or such identification in the transferred

the scope of the regional office or municipal office municipality with extended competence.



(2) the notary or the authority referred to in paragraph 1 shall check on the identification of the instrument,

that is a public Charter, stating



and who, who's) request and for what purpose the identification carried out,



(b) the identification data of the client)



(c) a certificate of the Declaration identified) of the natural person, the person acting

on behalf of the legal person or the representative identified identified

the person on the end, made the identification and confirmation of the correctness of the

identification, where applicable, of the reservations made to the identification,



(d)) the place and date of drafting of the Charter, where appropriate, the place and date where and when to

the identification was made, if different from the location or the date of writing,



e) signature, fingerprint identification, who made his official stamp and

the serial number of the registration documents of identification.



(3) the annex to the instrument of identification are a copy of those parts of the documents,

used to identify from which to determine the identification data and

on the type and number of the identity card, the State authority which, where appropriate, be

issued, and the period of its validity, and a copy of the application, if submitted in writing.

If the identification is implemented in this way, it is representative of Annex i

the original power of attorney or a certified copy thereof. The said Annex shall be firmly

connects to a volume to the instrument of identification.



(4) copies of the documents must be taken in such a way that the competent

the data have been read and ensure their preservation for

provided for in section 16, and must include a copy of a representation of the identified

the physical person in the identity card in such quality to allow

verification of conformity.



(5) Notaries and the Office referred to in paragraph 1, leads a separate register of deeds

of identification, which includes



and serial number, and date) of the drafting,



(b) the particulars of the identified person)



1. name, surname, permanent or other residence, social security number, or date

the birth of an identified natural person or a natural person acting on behalf of

identified by the legal person,



2. in the case of identification of a legal person, its business name or

the name including distinct appendix or other designation, the identification

the number of persons and registered office,



(c)) the purpose of the identification.



(6) the Registration of an instrument on the identification of the results for the calendar year.

After its closure is imposed for a period of 10 years.



§ 11



The takeover of the identification



(1) a person may not make the identification of the client, the findings

information on the purpose and intended nature of the business or the business relation

pursuant to section 9 (2). 2 (a). and determine the actual owners), and under section 9 of the

paragraph. 2 (a). (b)), if these operations have been carried out



and) credit or financial institutions with the exception of the person authorized to

Exchange activities in accordance with the foreign exchange law, the holder of the postal licence

According to the law governing the postal service, payment institutions, which

activity consists primarily in the provision of payment services, which

transfer of funds occurs when the payer or the recipient

do not use an account with the payment service provider of the payer and

the payment service provider of the small scale according to the law

adjusting the payment, or



(b)) a foreign credit or financial institutions, with the exception of foreign

the persons entitled to the money exchange activities, foreign payment institutions

whose activity consists primarily in the money remittance or foreign

the payment service provider with a similar status, as has

the payment service provider of the small scale according to the law governing the

payment, if operating on the territory of the State which imposes the

in a comparable way the obligation of the client identification, control and

preservation of records in this State is subject to the mandatory professional

registration and supervised over it, covering the monitoring of the implementation

These obligations, including the control of the individual shops and

checks on the spot.



(2) a person who shall proceed in accordance with paragraph 1, it must be ensured

the provision of information, including copies of relevant documents on the identification

the client, the purpose and intended nature of the business relationship and the identity of the

the actual owner of the credit or financial institution, or from the

foreign credit and financial institutions, to identify or

the findings of the relevant data. A credit or financial institution

the consent of the person identified in the request, shall provide the

information, including copies of the relevant documents referred to in the first sentence, other

obligatory, if this person on her client's identification or detection

relevant data relies.



(3) a person does not take the information on the identification of the client,

information on the purpose and intended nature of the business or the business relation

or the actual owner referred to in paragraphs 1 and 2, there is a

doubt as to the accuracy or completeness of such information.



(4) in the case of contracts for financial services are concluded by distance

According to the Civil Code makes mandatory the person identification

the client so that the



and the first payment) from this contract will be carried out through an account

maintained on the client's name with a credit institution or credit for foreign

institutions operating in the territory of a Member State of the European Union or

The European economic area,



(b) the client shall send the required person) a copy of the document confirming the existence of the

the account under subparagraph (a)), copies of the relevant parts of the identity card and

at least one supporting document, from which you can determine

identification and on the type and number of the identity card, the State,

where appropriate, the authority which issued it and the period of its validity; the copy must be

taken in the manner referred to in section 10, paragraph 1. 4.



(5) a credit or financial institution does not have to perform the identification

the client, finding information on the purpose and intended nature of the business, or

business relationship under section 9 (2). 2 (a). ) and determine the actual

the owner under section 9 (2). 2 (a). (b)), if these acts were

the implementation of the trade carried out by the person who acts on its behalf and on

her account and is bound by its internal regulations, and if the credit

or financial institution shall be responsible for damage caused by activities

This person. Information, including copies of the relevant documents referred to in the sentence

First, if they have been taken, shall be deposited with the mandatory of the person.



(6) the credit institution or financial institution in the provision of investment services

do not identify the client, finding information on the purpose and

the intended nature of the business or the business relationship under section 9 (2). 2 (a).

and the actual owners) and the findings under section 9 (2). 2 (a). (b)), if

These acts have been carried out in accordance with the investment intermediary

This law and its internal regulations. Required for the execution of the person

These operations correspond to, like it is done alone.



(7) in the cases referred to in paragraphs 1 and 4 to 6 mandatory person verifies,

whether those conditions are fulfilled, and that according to the information that has

mandatory person available, does not represent any of the clients, one of the

products or any particular trade increased the risk of abuse for


the legalization of the proceeds of crime or financing of terrorism. In

case of doubt, the exemption does not apply.



§ 12



Provisions common to identify pursuant to section 10 and 11



If the identification and other acts carried out under section 10 or under section 11

paragraph. 4 and 6, identification and other information and documents there

referred to must be deposited with the mandatory of the person before the trade.



section 13



Exemptions from the obligation to identify and control client



(1) a person may not perform the identification and control of a client,

If the client is



and the credit or financial institution),



(b)) foreign credit or financial institutions operating on the territory of the State,

that saves this institution in the field of combating the legalization of income from

crime and terrorist financing obligations equivalent

the requirements of Community law ^ 1), and with regard to the implementation of the

These obligations is supervised,



(c)) of the companies whose securities are admitted to trading on a

a regulated market, and which is subject to disclosure requirements

equivalent to the requirements of Community law,



(d) the actual owner of the funds) imposed on escrow account

notary public, lawyer, bailiff or court,



(e)) the central authority of State administration of the Czech Republic, the Czech national

Bank or higher local government total, or



(f)), the client



1. which have been entrusted with prominent public functions in accordance with the laws of the

Of the European communities and the European Union,



2. the identification data are publicly available and there is no reason

doubt their accuracy,



3. whose activities are transparent,



4. whose accounting serves a faithful and honest picture of the subject of accounting and

the financial situation,



5. who is responsible to either the authority of the European Union or to the authorities of the Member

State of the European Union or the European economic area, or

that there are other appropriate control procedures for checking its

activity.



(2) the obligation to identify and control the client does not need to meet the



and) life insurance on supplementary pension insurance with State

the contribution or on the supplementary pension savings, if disposable

insurance or deposit does not exceed the amount of EUR 2 500 or if normal

the premiums or the summary of deposits in one calendar year does not exceed the

the amount of EUR 1 000, the



(b)) of the Treaty on pension savings and insurance contracts of insurance income

under the law governing pension saving,



c) systems for occupational retirement provision, operating on the territory of the

The Czech Republic, the institutions of the Member States of the European Union or of States

The European economic area in accordance with other legislation), ^ ^

When contributions are paid by withholding and the rules of the system

do not allow the assignment of shares within the system,



d) electronic money, if the maximum amount stored electronically

on the media, which cannot be recharged, shall not exceed the amount of € 250, or 500 €

in the case of electronic money that can be used only to perform the

national payment transaction, or if the media can be recharged, is for

calendar year set an overall limit of EUR 2 500, with the exception of the

in cases where at the request of the holder of the electronic money in the same

calendar year retroactively replaced total amount of EUR 1 000 or more,



(e) the payment of the services provided through the) public mobile

the phone networks other than with the use of electronic money, if the value of

each transaction does not exceed EUR 250 and at the same time, for the calendar

year established total limit of transactions realized from one

the phone number in the amount of EUR 2 500 or



(f)) other products, if they represent a low risk of diversion to

the legalization of the proceeds of crime or financing of terrorism and the

at the same time meet the following conditions:



1. a contract for the provision of the product is always in writing,



2. payments under this product shall only be made through the

account held on the client's name with a credit institution or a foreign

credit institutions operating in the territory of a Member State of the European Union or

The European economic area, or acting on the territory of a State, which

It stores in the area of the fight against the legalization of proceeds of crime and

terrorist financing obligations equivalent to those rights of European

the community of ^ 1) and with regard to the fulfilment of these obligations is above it

supervised,



3. the product or individual payments are not anonymous and their nature

is such that allow detection of the suspicious trade,



4. the product has a predetermined limit the maximum value of the trade,

that does not exceed the amount of EUR 15 000, and in the case of savings products

shall not exceed the amount of the lump-sum deposit EUR 2 500 or the sum of the regular

deposits in a calendar year shall not exceed the amount of EUR 1 000, the



5. implementation of the product could not be made in favour of third parties,

except in cases of death, disability, exceeding the predetermined advanced

age or similar events,



6. for products that allow invest resources in financial assets

or claims, including insurance or other kind of conditional

the claims are in respect of this product a viable only in the

long time limits, the product cannot be used as a

ensure and does not perform any accelerated payment, are not used

the provisions on the withdrawal, and in the course of a business relationship is not made the Act

to premature termination.



(3) in the cases referred to in paragraphs 1 and 2 of the mandatory person verifies whether the

those conditions are met, and that according to the information that is mandatory

person available, does not represent any of the clients, one of the products

or any particular trade increased the risk of abuse for legalization

the proceeds of crime or financing of terrorism. In the case of

the doubts, the exemption referred to in paragraphs 1 and 2 shall not apply.



(4) the Exception referred to in paragraph 2 shall not apply to the client, which is politically

an exposed person.



§ 14



Exemption from the requirement to indicate the information on the payer for transfers of

resources



Obligations under the directly applicable regulation of the European communities,

laying down the obligation to accompany transfers of funds

information on the payer ^ 20), shall not apply to transfers of funds

or money services, implementing a payment for the provision of goods and

services, if



and the transfer will take place) in the Czech Republic,



(b) the payee's payment service provider) is through a payee

payment always able to determine a specific payer and the purpose of the payment,



(c)) the amount transacted does not exceed EUR 1 000.



§ 15



Non-trade



(1) the person refuses the implementation of the trade or business closure

in the event that it is given an identification obligation according to § 7 (2). 1

or 2 and the client refuses to submit to an identification or refuses to substantiate

a power of attorney under section 8 (2). 3, does not provide the necessary synergies when

inspection under section 9, or for any other reason unable to perform the identification

or control the client, or if the person performing the identification or

control of doubt on the veracity of information provided by the client or

about the authenticity of the documents.



(2) a person is not carried out trade with the politically exposed person

If it is not known the origin of the assets used in the business.



(3) an employee of the person is not carried out mandatory trade with politically

an exposed person without the consent of the immediate superior or

the statutory authority of the person required.



TITLE II



RETENTION OF INFORMATION



section 16 of the



Retention of data required by the person



(1) the identifying information obtained under section 8 (2). 1 and 2 or on the basis of

directly applicable European Community regulation laying down

the obligation to accompany transfers of funds information

the payer ^ 20), copies of the documents presented for identification, if

taken, information about when and who made the first identification of the client,

documents justifying the exemption from the identification and control of the client according to the

section 13, and in the case of the representation of the original or a certified copy of the power of Attorney,

stores the required person after a period of 10 years from the termination of the business relationship with the

by the client.



(2) the information and documents about the stores associated with the duty of identification

stores the mandatory person in at least 10 years after the sale, or

their business relationship.



(3) the person referred to in section 2 (2). 1 (a). (j)) and k) and keeps the data

documents for a period of at least 10 years after their trade or business

the relationship, if the value of the trade of € 10 000 or more; in the other

cases 5 years after their trade.



(4) the time limit referred to in paragraphs 1 to 3 shall begin to run on the first day of the calendar

the year following the year in which they were made the last act

trade known to the person required.



§ 17



Cooperation in data retention



If on a particular trade with the same client more compulsory

individuals, the data may be retained in accordance with section 16 only for some of them

provided that the other interested persons are required to ensure

the provision of the necessary information, including copies of relevant documents without

undue delay.



TITLE III



TO SUSPICIOUS TRADE



section 18



Notification of suspicious trade



(1) where a person is required in the context of its activities, suspicious

trade, it shall notify the Ministry of Finance (hereinafter referred to as "the Ministry") without

undue delay, no later than 5 calendar days from the date of the findings

the suspected trade. If circumstances so require, the case, in particular, there is a

the danger of delay, notify the person without delay the mandatory suspicious trade

After its findings.



(2) the notice shall state the person suspected of trade required identification

the details of the notification concerned, the identification of all other

participants in the trade, which is at the time of submission of the notification available

information about the essential circumstances of the trade and any other information,

that could be associated with a suspicious trade and are significant for his

assessment in terms of the measures against the legalization of proceeds from crime

activities or the financing of terrorism.



(3) in the notice does not specify details of the mandatory staff person or person

in a similar employment relationship, that the suspect business has found.




(4) notice of the suspect accepts the Ministry of trade, through the

The financial analytical unit. In a manner enabling remote access

the Ministry will publish the address for delivery and more options link

for reporting suspicious trade.



(5) if the notification referred to in paragraph 2 also applies to assets

by renowned international sanctions in order to maintain or

restore international peace and security, the protection of fundamental human

rights or the fight against terrorism, required the person on it in the notification

alerts. The notification shall specify further, and a brief description of the asset, the data on

its location and its owner, if known, to the notifier and

whether there is an imminent risk of damage, depreciation

or the use of this property in violation of the law.



(6) the notifier shall simultaneously notify the Ministry name, surname and the working

classification of contact persons (section 22) or of a person under compulsory per person

processing notifications of suspect trade, and dial-up options,

where applicable, an electronic connection with that person, if the information

the Ministry does not have available.



(7) if it is established in the context of its activities, suspicious of trade

mandatory people together, on the basis of sharing information according to § 39, paragraph.

2, is fulfilled the obligation to report suspicious business pursuant to paragraphs 2 to 4

all of the required persons, if the notification shall submit at least one of them, and in

the notification shall indicate for which another person a notification required.



§ 19



Notification of suspicious trade is served in writing by registered letter or

orally in the place specified in advance. For the written

the notification shall be deemed notice filed electronically the technical

means of providing special protection for transmitted data.



section 20



The postponement of the fulfilment of the client order



(1) If there is a danger that the immediate fulfillment of the command, the client should

could be thwarted or substantially difficult to ensure the proceeds of crime

activities or funds intended for the financing of terrorism, the mandatory

a person may meet the command the client concerning the suspicious trade

soon as possible after the expiry of 24 hours from the receipt of the notification of the suspected trade

by the Ministry. Assets, which client command applies, in an appropriate manner

ensure against manipulation, which would be contrary to the purpose of this

the law. On the postponement of the fulfilment of the command, the client notifies the person required

the Ministry in a notice about the store.



(2) in accordance with paragraph 1 shall refrain in the case where the postponement of the meeting

the client command is not possible, in particular for the operations carried out by the

electronic means of payment, or when the person is known, is mandatory

that such a postponement could frustrate or otherwise endanger the investigation

the suspect trade; the fulfilment of the command the client required a person immediately

inform the Ministry. mandatory person shall immediately inform the Ministry of.



(3) if the risk referred to in paragraph 1 and the investigation of the suspect

trade for complexity requires a longer period of time, the Ministry shall decide



and the extension of the period), which postponed the fulfilment of the client order,

However, for a period of not more than 72 hours from the receipt of the notification of the suspected trade

the Ministry, or



(b)) to defer the fulfilment of the client order or ensure assets that

the suspect is to be the subject of trade, for the mandatory of the person in which this

property is located, up to 72 hours.



(4) the decision to postpone the fulfilment of the client order or ensure

asset in accordance with paragraph 3 shall enter into legal force of its publication. Its publication in the

may be done orally, by telephone, by telefax or by electronic means;

always, however, subsequently deliver a copy of the written copy. Against the

the decision to delay compliance with the order of the client or the property

It is not permissible. When making a decision on this measure is a participant in the

only the person who has submitted the required notification of suspicious trade,

or where the assets are located, to be the subject of a suspect

trade.



(5) a person shall notify the Ministry immediately execute a decision pursuant

paragraph 3 (b). (b)), and confirm the time from which the time limit is calculated according to the

paragraph 3 (b). (b)). The Ministry further continuously gives information about the

all the essential facts relating to the assets referred to in

decision.



(6) if the Ministry by the end of the period laid down in paragraph 3 of the compulsory

person indicated that filed a criminal complaint, required the person the client command

performs.



(7) if the Ministry within the time limit laid down in paragraph 1 or 3

the notification authority acting in criminal proceedings according to § 32 paragraph. 1, mandatory

a person performs a command to the client after the expiration of 3 calendar days from the date of

submission of the complaint, if the body active in criminal proceedings to the end

This period of withdrawal or decides to ensure the suspect item

trade. The notification shall inform the Ministry of administration of criminal mandatory

the person before expiry of the period referred to in paragraph 1 or 3.



TITLE IV



THE OTHER OBLIGATIONS REQUIRED OF PERSONS



section 21



A system of internal policy



(1) a person shall establish and apply appropriate internal procedures

control and communication for the purpose of fulfilling the obligations laid down in this

by the law.



(2) the person referred to in section 2 (2). 1 (a). and (d))) up, h) and (i))

be drawn up in the range in which it carries out the activities subject to the scope of the

This Act, in writing, a system of internal policies, procedures and control

measures for the fulfillment of the obligations laid down by this law (hereinafter referred to as

"a system of internal policy").



(3) the person referred to in section 2 (2). 1 (a). b) to (d)), h) and (i)) may not

develop a system of internal policy in writing, if in the areas

activities subject to the scope of this law, they did not employ more

the person, or for her work to other people on the basis of another relationship.



(4) the person referred to in section 2 (2). 1 (a). b) to (d)), h) and (i)), which

contracted activity subject to the scope of this Act only for the

one other liable person, does not have to develop their own system of internal

If the policy is governed by the system of the internal policies of this other person required

in which its activity is sufficiently described.



(5) a system of internal policy referred to in paragraph 2 shall include the



and non-exhaustive list) the detailed character of suspicious deals that

may occur when specific activities required of the person,



(b) the identification of the client), including measures to detect

politically exposed persons and entities against which the Czech Republic

apply international sanctions under the law on the implementation of the international

sanctions,



(c) the procedures for the implementation of the control) client and determining the scope of the

the client checks the corresponding risk of legalization of proceeds from crime

the activities and the financing of terrorism, depending on the type of client,

business relationship, product or transaction,



d) adequate and appropriate methods and procedures for risk assessment, management

risk assessment, internal control and ensuring control over the observance of the

the obligations laid down in this Act,



(e) the procedure for the disclosure of data) held under part two of the heads

(II) the competent authorities,



(f) the procedure required the person from) finding the suspect in time

the delivery of the notification to the Ministry so as to comply with the time limit laid down in the

§ 18 paragraph. 1, as well as the rules for processing suspicious trade and

determining the persons who suspect the trade evaluated,



(g)) the rules and procedures governing when offering services or products

mandatory of the person governed by the third party acting on behalf of or for the account of the mandatory

of the person,



h) measures to eliminate the destruction or making reinsurance

proceeds of crime the immediate satisfaction of a client command,



I) technical and personnel measures, which ensure the implementation delay

the fulfilment of the client order under section 20, and in due time the fulfilment of

obligations under section 24,



(j)) in the cases referred to in § 25 paragraph. 4 a description of the supplementary measures to

the effective management of the risk of the legalization of proceeds of crime, or

the financing of terrorism.



(6) a credit institution, a credit institution, the institution of the electronic

money, the financial institution referred to in section 2 (2). 1 (a). (b)) and paragraph 11

required the person referred to in section 2 (2). 1 (a). (c) the Ministry shall transmit to the system)

internal policy within 60 days from the date when the person became mandatory;

notification of changes in the system of the Ministry of the internal policy delivers 30

days from the date of their adoption. Required the person referred to in section 2 (2). 1 (a).

(b)) points 1 to 4 has obligations under the first sentence against the Czech national

the Bank.



(7) a foreign credit institution or financial institution in the territory of the Czech

Republic operates, through its subsidiaries, branches or

the establishment, not for their work to develop a specific system

internal policy, if their activity is regulated in a similar internal

Regulation of foreign credit and financial institutions and the

the internal regulation satisfies the requirements at least equivalent to the requirements of this

the law. Referred to the internal regulation must be available in Czech language.



(8) where the Ministry or shortcomings in the Czech National Bank

the system of internal policy, which has been sent in accordance with paragraph 6, provides for the

the deadline to remove them. Mandatory person in due time shall

written information on how to correct any identified deficiencies.



(9) the implementing legislation lays down the limits laid down in paragraph 5

(a). (c)), and (d)) the requirements for the introduction and application of the system of internal

some of the policy required by the persons to whom the Czech National Bank

exercises supervision ^ 21).



section 22



Contact person



(1) a person shall designate a specific employee to fulfil the notification

the obligations referred to in section 18 and to ensure continuous contact with the Ministry,

If these activities will provide direct statutory authority. About the destination

of the person and of any subsequent changes shall inform the credit or

a financial institution shall, without delay, the Ministry, with the name, surname,

employment classification and data connections, including dial-up and

electronic.



(2) a member of the statutory body of the credit or financial institution shall not be

contact person, unless this was necessary with regard to the size of the

institutions, the management or the number of employees.



(3) the contact person of the credit or financial institution shall not be

the employee who is responsible for closing or settlement of


shops, or is a person involved in the performance of the internal audit.



(4) if the activity does not provide the contact person directly to the statutory authority,

required the person shall ensure that the contact person of the possibility of direct communication with the

the statutory and supervisory authority required of a person.



section 23



Training of employees



(1) the person shall ensure that at least once during the 12 calendar

months of training employees, who may, in the performance of its work

activities meet with suspicious trades, and training of all employees

before inclusion on such jobs.



(2) the Training referred to in paragraph 1, the person shall ensure that mandatory also for persons,

that is the subject of the activities required of the person involved on the basis of other

than a contract of employment, if such persons may exercise their activities

encounter with the suspicious trades.



(3) the content of the training is in particular the typology and characteristics of suspicious stores and

procedures for the detection of the suspicious trade. Mandatory person training content

continually added and updated.



(4) the person keeps records of participation, and the content of the training, and at least

After a period of 5 years from their venue.



section 24



Information obligation



Mandatory at the request of the person shall notify the Ministry of information in the time limit laid down by

business related to the identification of the obligations or in respect of which

the Ministry conducted an investigation, submit evidence of these stores or

to allow access to them by an authorised staff of the Ministry at

examination of the notification and shall provide information on the persons who are

in any way involved in such deals.



THE HEAD OF THE



SPECIAL PROVISIONS ON CERTAIN MANDATORY PERSONS



§ 25



Special provisions for credit and financial institutions



(1) a credit institution shall enter into correspondent banking

relationship with a foreign credit or similar institutions (hereinafter referred to as

"the respondent's institution"),



and) which is registered in the commercial register or the like in the country, in

which is not physically present or not present, its leadership, and

that is not attached to any regulated financial group,



(b)) which is known to her, that allows the use of its accounts of institutions

referred to in point (a)), or



(c)) that does not apply the measures against the legalization of proceeds from crime

the activities and the financing of terrorism, at least equivalent to the requirements of the law

Of the European Communities ^ 1) and, if already entered into such a relationship,

It must end in the shortest possible time.



(2) a credit institution before you establish a correspondent banking relationship

with respondent institutions



and) gather sufficient information about a respondent institution and the nature of the

its business,



(b)) from publicly available information, what is the quality of supervision,

which the respondent's institution is subject to,



(c)) shall evaluate the measures implemented by the respondent's institutions against legalization

the proceeds of crime and the financing of terrorism.



(3) to establish a correspondent banking relationship shall issue the consent

the statutory authority of the credit institution or branch of a foreign leader

credit institutions operating in the territory of the Czech Republic.



(4) Credit and financial institutions in their branches and majority

owned subsidiaries located in countries that

are not Member States of the European Union or the European economic

space, apply measures to control and record-keeping, client

which are at least equivalent to the requirements of the law of the European

the community of ^ 1). For this purpose, they shall forward the relevant information about the

applied methods and procedures. If the laws of such country

do not allow the application of equivalent measures, it shall inform the

the Ministry; in this case, adopt the required person matching

additional measures for the effective management of the risk of abuse for legalization

the proceeds of crime or financing of terrorism and the prevention of

such transfer of risk on the territory of the Czech Republic and other Member States

The European Union or the European economic area.



(5) a system of internal credit policy or financial institutions approved

its statutory authority.



(6) the credit institution or financial institution, at the request of the Ministry in the

the prescribed time limit shall notify the information that maintains or in the previous 10

years maintained a business relationship with a specific natural or legal

the person, against whom she had the obligation of identification, and about the nature of this relationship.

For this purpose a credit or financial institution shall establish an effective system,

corresponding to the size of the institution and the nature of its business activities.



(7) the rights and obligations which this law provides for credit

the institution, also apply to the Czech National Bank in the management of the accounts and the

providing other banking services.



section 26



Special provisions relating to Auditors, accountants, bailiffs and

Tax guides



(1) the provisions of § 18 paragraph. 1 and section 24 shall not apply to the Auditor, accountant,

bailiff, or tax advisor with regard to information that

gets from their client or that gets about his client during

the detection of its legal position, in its representation in court

proceedings or in connection with such proceedings, including advice

regarding the initiation of such proceedings or avoid such proceedings, without

regardless of whether such information is obtained prior to this procedure,

during it or after it.



(2) if it has an auditor, accountant, bailiff or tax advisor for

the client asks for legal advice for the purpose of money laundering

crime or for the purpose of financing terrorism, paragraph 1

does not apply.



(3) a notice under section 18 shall take



and) auditor Chamber of Auditors of the Czech Republic,



b) bailiff Execution Chamber of the Czech Republic,



(c)) tax advisor to the Chamber of tax advisers of the Czech Republic.



(4) the professional Chamber of the notification received under paragraph 3 of

be reviewed from the perspective that it is not inconsistent with paragraph 1 or with section 18

paragraph. 1, and whether all the conditions laid down in this law. If

the notification requirements laid down in this law, the Chamber does not have to

Notifier alerts. If the notification fulfils the conditions referred to in the sentence

First, the Chamber shall proceed to the Ministry without undue

delay, at the latest within 7 calendar days from the date of discovery of the suspect

trade.



section 27 of the



Special provisions relating to solicitors and notaries



(1) the provisions of § 9, § 18 paragraph. 1 and section 24 shall not apply in the case of a lawyer, if

information about the client, has received from the client or any

Another way during or in connection with the



and the provision of legal advice) or subsequent legal validation

the position of the client,



(b)) the defence in criminal proceedings, the client



(c) the representation of a client) proceedings before the courts or



(d) providing any legal advice) concerning the management of

referred to in subparagraphs (a) (b)) and (c)), and regardless of whether this proceeding

has already been started or not, or whether it has already been terminated.



(2) the provisions of § 9, § 18 paragraph. 1 and section 24 shall not apply for a notary public, if

information about the client, has received from the client or any

Another way during or in connection with the



and the provision of legal advice) or subsequent legal validation

the position of the client ^ 22),



(b) the representation of a client in) proceedings before the courts in the scope of their permissions

provided for by other legislation), or ^ 23



(c) providing any legal advice) concerning the management of

referred to in point (a) (b)), and regardless of whether this proceeding has already been

started or not, or whether it has already been terminated.



(3) a notice under section 18 shall advocate the Czech Bar Association and notary

The notarial Chamber of the Czech Republic. The Czech Bar Chamber of notaries or

Chamber of the Czech Republic (hereinafter referred to as the "Chamber") notice of attorney or

the notary will examine in terms of whether it is in contravention of paragraph 1 or 2, §

2 (2). 1 (a). g) or section 18 paragraph. 1 and that has all the essentials

laid down by this law. If the lawyer or notary

conditions laid down in this law, the Chamber does not have to advocate or

the notary. If the notice meets the lawyer or notary conditions

referred to in the first sentence, the Chamber shall proceed to the

the Ministry without undue delay, no later than 7 calendar days

from the date of the detection of the suspicious trade.



(4) the communication of information, submission of documents or the provision of information under section

24 after the Ministry requires a lawyer or notary through the

the Chamber. A lawyer or notary shall notify the Ministry within the time limit laid

the data required, it shall submit the documents or provide him with the required

information through the Chamber.



(5) an attorney for the purposes of this Act, means the European lawyer

According to the Act on the legal profession.



section 28



Specific provisions of persons receiving cash of 15 000 EUR or

higher



The entrepreneur and the legal person referred to in section 2 (2). 2 (a). (e)), if the

the person becomes compulsory only if it accepts payment in cash

in the amount of EUR 15 000 or more, is within this single trade

the obligation to



and the identification of the client) to perform under section 8, or replace it

identification pursuant to section 10 or 11, if this trade or on the

the client does not apply the exemption under section 13,



(b) refuse the implementation of trade) if he has doubts about the veracity of the

obtained identification information about the client, if the client refuses to

to submit to an identification or refuses to demonstrate the full power under section 8 (2). 3;

of this fact at the same time inform the Ministry,



(c)) to perform a check of the client pursuant to section 9 (2). 2,



d) store information under section 16. 1 and 2,



(e) to submit the notification of a suspect) trade under section 18,



f) information according to § 24,



g) confidentiality under section 38.



section 29



Special provisions concerning the operation of the cash the postal service



(1) to carry out activities on the basis of the postal contract and under the conditions

stipulated by the Act on postal services, whose purpose is the delivery

remitted amounts of money, the only person who is the holder of

certificate of competence issued by the Ministry. The certificate is issued to

the request of the person who intends to carry out this activity.



(2) the Ministry shall issue the certificate referred to in paragraph 1, if the applicant is a person,

which is a member of the applicant, the statutory body of the applicant, a member of the


the statutory body of the applicant, the person who will manage the business

the applicant and the applicant's actual owner are bezúhonnými.



(3) For integrity, for the purposes of this Act, the person shall be deemed to

has not been convicted of an offence committed



and) intentionally, or



(b)) of negligence, the merits of which are related to the subject of business,



If it does not look as if he has not been convicted.



(4) the integrity of the certifying statement of no criminal records

older than 1 month. Furthermore, the integrity of the shows



and natural persons with) at the place of permanent or other residence outside the territory of the

The Czech Republic and for the person who is in the last 5 years continuously

resided outside the territory of the Czech Republic for a period longer than 3 months,

document similar extract from the criminal register not older than 3

for months, issued by the appropriate authority of the State of permanent or other

the stay of this person and the States in which this person in the past 5

years continuously resided for a period longer than 3 months; If the State

permanent or other residence of such person is not the same as the State, which is

This person is a citizen, whether or not a document issued by the State of which he is a citizen,



b) for legal persons established outside the territory of the Czech Republic document

a similar statement of criminal records no older than 3 months,

issued by the appropriate authority of the State of residence, or



(c) an affidavit of good character) within the meaning of paragraph 3 no earlier

than 3 months, made before the competent administrative or judicial authority

State, if that State does not issue the document referred to in (a)), and (b)).



section 29a



Special provisions for national administrators



(1) the National Manager stores information about persons with the account in the register

trading emissions of greenhouse gases, including contract and

documents submitted to the opening of the account and the information associated with the control

the client for a period of 10 years from the termination of the account.



(2) the national administrator on



and checks the client by) § 9 in the scope corresponding to the activities

When setting up your account,



(b) the notification of a suspect) trade under section 18,



(c)) shall establish and operate a system of internal control and communication in accordance with § 21

paragraph. 1,



(d)) shall designate a contact person under section 22,



(e) training of staff) under section 23,



(f)) information requirements under section 24,



g) adheres to the obligation of professional secrecy, pursuant to section 38.



PART THE THIRD



THE ACTIVITY OF THE MINISTRY AND OTHER AUTHORITIES



TITLE I OF THE



THE ACTIVITY OF THE MINISTRY AND OTHER AUTHORITIES



section 30



Getting information



(1) the Ministry may require that information necessary for the performance of

obligations under this Act by the police of the Czech Republic,

the intelligence services and the public authorities.



(2) the suspect in the investigation, the Ministry of trade may in accordance with the

the law governing the administration of taxes, demand from the authorities of the relevant

under other legislation to information obtained in the administration of taxes

administration of taxes; These authorities shall inform the Ministry immediately on the

the suspicion that the tax body is abusing the system of tax administration to legalization

the proceeds of crime or financing of terrorism.



(3) the Ministry are provided for the performance of the scope of this

law



and data from Basic) reference population register,



(b)) of the agendového of the information system of the population register, data on

the inhabitants,



(c)) from the information system data on aliens, aliens



(d)) from the registry of social security numbers on the natural persons that have been

assigned a social security number, but they are not listed in subparagraph (b)), or (c)).



(4) if it allows the technical condition, provides the Ministry of the Interior

the Ministry of information referred to in paragraph 3 only in electronic form

in a manner enabling remote access.



(5) the data provided can be used in a particular case only

such data, the use of which is necessary in a given case.



(6) On the basis of the intelligence service of the notice of the facts

calling a suspect, the Ministry of trade will launch investigation

the suspect trade; the outcome of this investigation, it shall inform the party

the service.



section 31



Processing of information



(1) the Ministry gathers and analyses data obtained during its activities

in accordance with this Act. Is entitled to lead the information obtained in the performance of tasks

under this Act, in the information system under the conditions which it lays down

the law on the protection of personal data. For this purpose, it is entitled to bring together

information and information systems used for different purposes.



(2) the Ministry does not provide under the law on protection of personal data on the

the request of the person concerned, a report on the information that is stored on it

in the information system maintained pursuant to this Act.



(3) the Ministry shall keep the information and the documents of the notifications and of the

its own investigation after a period of 10 years from the end of the year in which the investigation was

terminated. The adoption of a new notification or renewal of the investigation in the same case

or on the same subject, the time limit referred to in the first sentence shall be discontinued in the

their new IP.



(4) the Ministry leads and at least once a year publish on

website statistical reports on the effectiveness and results of the

measures against the legalization of proceeds from crime and the financing of

terrorism. Law enforcement authorities are the Ministry of

keep generalised information about the proceedings in matters related to

the legalisation of proceeds of crime or financing of terrorism.



§ 31a



The Financial Analytical Unit



Part of the Ministry's Financial Analytical Department, which is technically

separated from the other departments of the Ministry and are applied

organizational, personnel and other measures, which guarantee that with

the information obtained in the implementation of its activities under this Act,

does not come into contact with others.



Control of the activities of the Financial Analytical Department of the



Section 31b



(1) control of the activities of the financial analysis unit shall perform the

The Chamber of Deputies, which for this purpose shall be established by the Permanent Commission in accordance with

the law governing the rules of procedure of the Chamber of Deputies (hereinafter referred to as "the Permanent

the Commission "), and the Government.



(2) the Permanent Commission shall consist of seven members. A member of the Standing Committee can be

the only member of the Chamber of Deputies.



(3) the Permanent Commission is not authorised to intervene in personnel competence

the Ministry and replace its management activities.



section 31 c



(1) the Ministry shall submit to the Standing Commission and the Government activity report

The Financial Analytical Unit for the previous calendar year to 31. March

the following calendar year.



(2) the Ministry shall provide to the Permanent Commission on its request information on

the activities of the financial analytical unit.



(3) the report referred to in paragraph 1 and the information referred to in paragraph 2 is not

identification of persons or information, which is covered by

confidentiality under other legislation), and ^ 28 cannot be lodged in them

information about the case, which has not been terminated, the investigation conducted by the

This law, and the case passed pursuant to section 32, if such information

could jeopardise the ongoing investigation.



(4) a report referred to in paragraph 1 and the information referred to in paragraph 2 can be

discuss only in private session the Standing Committee or the closed

meetings meetings of the Government; the Permanent Commission is hearing with the participation of the representative of the

of the Ministry.



(5) the members of the Permanent Commission, accompanied by the Director, may enter or

authorized employees of the Department of the financial analytical unit.



§ 32



Dealing with the results of the investigation



(1) where the Ministry of reality, suggesting that he was

the offence has been committed, shall submit a notification in accordance with the criminal procedure code, and at the same time

authority of the law in criminal proceedings shall provide all related information

from the results of its own investigation.



(2) if the Department finds the facts that are relevant to the performance of the

the activities of the financial administration of the Czech Republic or of the Customs authorities,

These findings inform the Directorate-General or financial

The Directorate-General of customs duties and provide it with all relevant information from the

the results of its own investigation, where the provision of such information is not in the

contrary to the purpose of this Act or if applied in accordance with paragraph

1.



section 33



The international cooperation



(1) in the range specified by international treaty, the Czech

Republic is bound, or on the basis of reciprocity, the Ministry of works

with foreign authorities and international organisations with the same material

competence, in particular in the transfer and acquisition of data used to

achieving the purpose set out in this law.



(2) under the conditions that the information will be used only to achieve the purpose of this

law and enjoy protection, at least in the scope of this law

specified, the Ministry may collaborate with other international

organisations.



§ 34



Exceptions



(1) the Ministry on the basis of the application decides that required a person who

one of the activities referred to in section 2 (2). 1 carries out only

on an occasional or very limited basis, and in such a way that it is

eliminated or greatly restricted its diversion to the legalization of the proceeds of the

criminal activities or the financing of terrorism, will not be in connection with the

This activity is considered liable person under this Act.



(2) the exception referred to in paragraph 1 shall be granted, if the



and the only activity is carried on), additional activities that are directly related to

with the main activity required of the person who otherwise, with the exception of activities

listed in section 2 (2). 2 (a). (d)) is not a required person under this

the law, and is provided only in connection with the main activity compulsory

of the person,



(b)), the total annual turnover from this activity does not exceed 5% of the total

the annual turnover of the person and at the same time required does not exceed the amount that the

the Ministry of the decision establishes, with regard to the type of activities,



(c)) is to ensure that the value of an individual trade or more stores in the

the framework of the activities referred to in point (a)) made during 30 consecutive

consecutive days with the same client, does not exceed EUR 1 000.



(3) the application referred to in paragraph 1 shall meet the required person writing

the conditions in paragraphs 1 and 2.



(4) the exception referred to in paragraph 1 may be granted for a specified period. In the decision

provides the Ministry of any further obligations to the extent of the obligations

the prescribed persons in order to avoid abuse of the exemption for the legalization


the proceeds of crime or financing of terrorism.



(5) the Ministry shall grant an exception only where, in the exercise of the activities of the

required the person eliminated or greatly limited the risk of its diversion to

the legalization of the proceeds of crime or financing of terrorism.



(6) the person will allow the supervisory authority (article 35 (1)) at the time of the duration of the

the exemption referred to in paragraph 1, the inspection of compliance with the conditions laid down and

check if this exception is not being exploited to the activities that would

facilitate the legalization of proceeds of crime or financing

terrorism. The supervisory authorities have the same permissions as in the implementation of

checks required of the person.



(7) the obligation required of the person provided for in section 18 and the procedure of the Ministry to

the person required under section 24 in carrying out the investigation of the suspect to trade

not a decision on the exemption referred to in paragraph 1.



(8) the exception referred to in paragraph 1 shall be withdrawn by the Ministry decision, if



and) has changed significantly the risk assessment activities of the

the possibility of abuse of the legalization of proceeds of crime, or

the financing of terrorism, or



(b)), to whom he granted exemption, infringed the conditions laid down.



(9) the Breakdown against the decision referred to in paragraph 8 does not have suspensory effect.



TITLE II



THE ADMINISTRATIVE SUPERVISION



section 35



The performance of the administrative supervision



(1) the supervisory authority for the administrative supervision of the fulfilment of the obligations

laid down by this Act required persons is a Ministry that

at the same time checks whether there is the legalization of proceeds from crime

activities or the financing of terrorism mandated persons. Control of the implementation

the obligations laid down by this law also performs



and the Czech National Bank) for persons to which the compulsory exercises supervision ^ 21),



(b) the administrative authorities with jurisdiction), compliance with the law on lotteries and

other similar games for the holder of a permit to operate a wagering games

referred to in section 2 (2). 1 (a). (c)),



(c)), the Czech trade inspection in the compulsory persons referred to in section 2 (2). 1

(a). (j)), and k).



(2) the Ministry also oversees the fulfilment of obligations by directly

applicable European Community regulation laying down

the obligation to accompany transfers of funds information

the payer ^ 20); The Czech National Bank carries out control of fulfilling the obligations

pursuant to that regulation in the compulsory exercises the persons to whom

supervision ^ 21).



(3) the Ministry provides the other supervisory authorities the information from its own

the activities required for the performance of administrative supervision or oversight.



(4) other supervisory authorities shall provide to the Ministry upon request, a written

opinions or other desired synergies.



(5) If the supervisory authority referred to in paragraph 1 (b). and (c))) finds

the fact, that could be related to legalisation of proceeds from crime

activities or the financing of terrorism, without delay, inform the

the Ministry and shall communicate to him at the same time all the information in the extent specified in the

§ 18 paragraph. 2.



section 36



The initiative to a withdrawal to the business or other independent

gainful activities



If the Ministry finds that a legal or natural person having income from

business or other self-employment particularly severe

manner or violates any of the requirements laid down in

This law or imposed by decision issued under this Act,

submit the complaint to the cancellation or withdrawal of permission to the business or

other self-employment, which is under the authority of another

the law authorized to decide about its withdrawal. This authority is

shall, within 30 days from the date of delivery of the initiative to inform the Ministry of

its measures and the manner of its execution.



§ 37



Special provisions of the administrative supervision of the lawyer, notary, Auditor,

bailiff, or tax advisor



(1) the provisions of this title, to lawyers, notaries, auditors, legal

bailiffs and tax advisors do not apply.



(2) the Chamber is obliged to carry out on the basis of the written complaint

the Department of supervision of compliance with the obligations arising from this

law, lawyer, notary, accountant, the court bailiff or tax

Advisor and inform the Ministry in writing of the result in the

the prescribed time limit.



PART THE FOURTH



CONFIDENTIALITY



section 38



Obligation of secrecy



(1) unless otherwise provided in this Act, are required of the person and their

the staff, the staff of the Ministry, employees of other supervisory

authorities and individuals, which are obligatory for the person or Ministry

another supervisory employed on the basis of the authority other than a contract of employment, are required to

maintain confidentiality of the facts concerning the notification and

the investigation of the suspect by the Ministry of trade, acts or transactions

the obligations laid down in section 24 or section 31 c.



(2) Transferring persons referred to in paragraph 1 to other work, the end of the

their employment contract or another contractual relationship to the required person

Ministry or another supervisory authority, or by a person required

ceased to exercise the activities referred to in section 2, the obligation of secrecy

does not terminate.



(3) the information referred to in paragraph 1 shall be required to maintain

secrecy, everyone who knows about them.



(4) release the person referred to in paragraphs 1 to 3 of the obligations of confidentiality

in justified cases, be entitled to the Prime Minister or in the individual

cases it authorized member of the Government.



section 39



Exceptions to confidentiality



(1) the obligation of secrecy set out in section 38 shall not be

relied on against



and the authority of the law) in a criminal proceeding, if carried out proceedings concerning an

the crime related to legalisation of proceeds from crime or

the financing of terrorism, or in the case of compliance with the notification

obligations related to such an offence,



(b)) to the specialized police forces to search for the legalization of the proceeds

from crime and terrorist financing, as regards the information

obtained pursuant to § 42 paragraph. 3,



(c)) to a foreign authority referred to in section 33 in the transmission of data used

to achieve the purpose specified in this Act, unless a different legal

the regulation does not prohibit,



(d)) to the general financial Directorate or Directorate-General of customs duties,

as regards the fact that they are part of the information referred to in section 32

paragraph. 2,



(e) the supervisory authorities) referred to in section 35, paragraph. 1 and the competent authorities of the

professional chambers of lawyers, notaries, auditors, legal executors or

tax consultants,



(f)), the administrative authority, which shall carry out the tasks in the system of certification of rough

diamonds under other legislation



(g) administrative authority authorized to perform) State control or lead

penalty administrative procedure according to the law on the implementation of international sanctions,



h) the authority competent under the other legislation to decide on

withdrawal of permission to a business or other self-employed

in the case of activities that the Department shall submit the complaint to the withdrawal of such

permissions,



even the financial arbitrator decision-making by) other legislation in the

the dispute of the claimant against the institution,



(j)) to the person who could make a claim for compensation for damage caused by

procedure laid down in this Act, with respect to the subsequent reporting of the facts

decisive for the application of such a claim; mandatory person in this

the case of informing a client that was consulted pursuant to this Act, to the

the date on which the decision was enforced Authority participating in criminal

the procedure for withdrawal or ensure the suspect item store or in the

which ended the period provided for in section 20 (2). 7; in other cases, the

After the prior written consent of the Ministry,



to) Court in civil proceedings relating to disputes

suspicious of trade or of the right to compensation for the damage incurred as a result of

the fulfilment of the obligations under this Act,



(l) National Security Bureau), the Ministry of the Interior or

intelligence in the implementation of safety management according to another

^ Law 24),



m) the competent intelligence service, in the case of information that is

relevant for the fulfilment of its tasks in the areas of competence defined

the law governing the intelligence services.



(2) the obligation of secrecy set out in section 38,

provided that the information disclosed shall be used solely for the purposes of

the prevention of the legalization of proceeds from crime and the financing of

terrorism cannot be invoked when the communication of information between the



and) credit or financial institutions, including foreign credit

and financial institutions, if the acts on the territory of the State, which they

stores in the area of the fight against the legalization of proceeds of crime and

terrorist financing obligations equivalent to those rights of European

the community, and if you belong to the same group as defined in the Act on

financial conglomerates ^ 25),



(b) compulsory) persons referred to in section 2 (2). 1 (a). e) and (f)) or persons

the same type operating on the territory of the State, which stores in the area

the fight against the legalization of proceeds from crime and financing of terrorism

obligations equivalent to those of Community law, if

they perform their professional activities as an employee, or similar

employment relationship, within the same legal person and between legal

persons that are linked together by contract or personnel, or



(c)) credit or financial institutions, or between the compulsory persons

referred to in section 2 (2). 1 (a). e) and (f)), or persons of the same type

operating on the territory of the State which imposes, in the fight against

the legalization of the proceeds of crime and terrorist financing obligations

equivalent to the requirements of Community law, and in cases,

relating to the same client and the same trade, and on which the

involved in two or more persons, if they are from the same professional category and

are subject to equivalent obligations for the conservation professional

secrecy and the protection of personal data.



(3) the obligation of secrecy cannot be invoked in proceedings under the law on

the implementation of international sanctions.



section 40



Special provisions on the confidentiality of the lawyer, notary, auditor of the Court of

executor or tax advisor



(1) the provisions of this section do not apply to lawyers and notaries.



(2) the provisions of this part, except section 39, paragraph. 2 for Auditors,

court bailiffs and tax advisors do not apply.




(3) the Lawyer, notary, auditor, bailiff and tax advisor is, however,

in relation to the client shall be obliged to maintain confidentiality of the facts

referred to in section 38, paragraph. 1; This does not apply to these facts

communicated to the client in an effort to discourage him from involvement in the illicit

activity.



(4) paragraphs 1 to 3 shall also apply in the case of other persons, to which according to

other legislation covered by the obligation of confidentiality of the stored

lawyers, notaries, auditors, court bailiffs and tax advisors.



PART THE FIFTH



CROSS-BORDER MOVEMENTS



§ 41



The obligation of notification in cross-border převozech



(1) a natural person at the entry to the Czech Republic from outside the territory of the

Of the European communities, and in the output from the Czech Republic to such

the area is obliged to notify in writing to the Customs Office of import and export of the applicable

the cash changeover in the Czech or foreign currency, traveller's cheques or cash

vouchers for cash, convertible securities to bearer

or series, as well as other investment instruments, which are

signed, but not the name of the recipient in the aggregate value of EUR 10 000

or higher.



(2) the obligation provided for in paragraph 1 also has a legal person

the matters referred to in paragraph 1, imported or exported. This obligation for the

a legal person shall carry out any natural person who has these things together when

crossing the border of the territory of the European communities.



(3) the person sending out the Czech Republic outside the territory of the European

community or by mail here or another consignment

contains the things referred to in paragraph 1 in the aggregate value of EUR 10 000 or

higher, is required to notify the Office of this consignment and to ensure that he

the consignment was submitted for review.



(4) the notification obligation referred to in paragraphs 1 to 3 of the person even if

on the territory of the European Community imported or exported from it, or in the

consignment receives or sends out in the course of the 12 consecutive months things

referred to in paragraph 1 in the aggregate value of EUR 10 000 or more. The notification

the obligation arises at the time when the person is known to set boundaries will

achieved.



(5) in the notice referred to in paragraphs 1 to 4 shall include identification data

the notifier, the identification data of the owner and the intended recipient

the transported things, if they are known to the notifier, a description of the transported things,

information about the origin of things, and the purpose of the importation or exportation and route and method

transport.



(6) the notice shall be served on the joint reporting form of the European

the Union, with the specimen given in the annex to this Act. Form

the joint reporting form of the European Union is available

the Customs Office; Department of joint reporting form of the European Union,

including all its other language versions published by the European

the Commission shall also publish in a manner enabling remote access. Person,

that notification is submitted, the responsibility for the correctness and completeness of in it filled

of the data.



(7) for the conversion of other currencies to the euro in accordance with paragraphs 1, 3, or 4

apply for a full calendar month, the rate announced by the Czech National Bank and

valid the penultimate Wednesday of the previous calendar month. The Customs Office

shall notify the persons on the basis of an oral request of the courses for the purposes of implementation of the

notification obligations pursuant to paragraphs 1 to 4. The value of the securities

means of their current market price, or the price fixed under courses

on the official markets.



section 42



The activities of the Customs authorities



(1) the Customs authorities shall check the fulfilment of the obligation provided for in §

41.



(2) the Customs authorities shall be recorded and processed by the notification referred to in § 41

including personal data therein. For the purpose of the checks provided for in

paragraph 1 may record and process information on the transfer or

sending the things referred to in section 41, paragraph. 1, the value of less than EUR 10 000.



(3) the Customs authorities shall without delay, through the General Directorate of customs

be sent to the Ministry of information on the performance of the notification obligation laid down in

section 41 including cases where there has been an infringement of this obligation.



(4) the Customs Office may determine violations of the obligations provided for in § 41

paragraph. 1 to 4 provide things which the infringement relates. Against the

the decision of the Office to ensure the matter is not allowed and the appeal is

enforceable from the moment his oral announcement of who has the stuff for yourself.

A written copy of the decision is served, for whom things were

secured; to ensure further inform decision stejnopisem the one who

things imported or exported, and their owner, if these persons

different from the one to whom things were secured, and if the Customs Office of

known.



(5) the person to whom the decision was about providing the things referred to in paragraph 4

notified of the case shall issue a Customs Office. If they are not secured, the stuff on the challenge

the Office issued, may be the one who is, has withdrawn. The person,

that stuff has released or which have been withdrawn, the Office shall issue on this

the fact confirmation.



(6) if they are not secured to the next control, if required

decision on the confiscation of, or prevent, and does not come into account

their use on payment of fines, costs or execution, it returns

the Customs Office shall, without undue delay, the person is released, or which have been

withdrawn.



PART SIX



ADMINISTRATIVE OFFENCES



§ 43



Violation of obligations of confidentiality



(1) an employee of a person, an employee of the Ministry of mandatory or other

the supervisory authority, or the natural person who is liable for the person

Ministry or other supervisory office operates on the basis of other than work

the Treaty commits the offence by breach of an obligation of confidentiality

provided for in § 38 paragraph. 1 or 2.



(2) a natural person not mentioned in paragraph 1 shall commit the offence by

breach of an obligation of confidentiality under section 38, paragraph. 3.



(3) a person is guilty of misconduct, that the breach of an obligation

confidentiality under section 38, paragraph. 1 or 2.



(4) the offence referred to in paragraphs 1 and 2, you can impose a fine up to 200 000 CZK

for the administrative offence referred to in paragraph 3 shall be imposed to the 200 000 Czk.



(5) for the offence referred to in paragraph 1 may be to impose a fine up to Czk 1 0000 0000 and

for the administrative offence referred to in paragraph 3 shall be imposed to 1 0000 0000 CZK

If this Act has been prevented or aggravated by collateral or

pumping out of the proceeds of crime, or to allow the financing of the

terrorism.



§ 44



Non-compliance in the identification and control of a client



(1) a person commits misconduct by



and the identification of the client fails to comply with the obligation to) under section 7,



(b) fails to comply with the obligation to) repeatedly checks the client pursuant to section 9,



(c) trade closes effected) or a business relationship, in breach of the prohibition

referred to in section 15, or



(d) fails to comply with the obligation to retain data) in accordance with section 16.



(2) for the administrative offence referred to in paragraph 1 (b). and (b))) saves a penalty to

1 0000 0000 Czk.



(3) for the administrative offence referred to in paragraph 1 (b). (c)), and (d)) saves a penalty to

10 0000 0000 Czk.



section 45



Failure to comply with information obligations



(1) a person commits misconduct by



and fails to comply with information requirements under) section 24, or



(b)) in the case referred to in § 25 paragraph. 4 does not accept the corresponding additional

measures for the effective management of the risk of misuse for money laundering

criminal activities or the financing of terrorism and to prevent the transmission of the

risk on the territory of the Czech Republic and other States of the European Union or

The European economic area.



(2) the credit institution or financial institution has committed misconduct by

that



and) contrary to section 25, paragraph. 4 does not pass the relevant information to your branch

or majority-owned subsidiaries located in the State,

that is not a member of the European Union or the European economic area,

about the applied methods and procedures for checks and client retention

records in these countries, or



(b) do not communicate the information referred to in section) 25, paragraph. 6.



(3) for the administrative offence under paragraphs 1 and 2 shall be imposed to the 10 000

USD.



section 46



Failure to comply with the notification requirement



(1) a person commits misconduct that notifies the

the Ministry of trade of the suspect.



(2) for the administrative offence referred to in paragraph 1 is imposed to 5 0000 0000 Czk.



section 47



Failure to comply with the obligation to defer to the client command



(1) a person commits misconduct by breach of an obligation

postpone the fulfilment of the client order, pursuant to section 20 (2). 1.



(2) a person commits misconduct that does not comply with

the obligation to postpone the fulfilment of the client order or ensure assets on

the basis of a decision issued by the Ministry under section 20 (2). 3.



(3) for the administrative offence referred to in paragraph 1 shall be imposed to 1 0000 0000 Czk.



(4) in the administrative offence referred to in paragraph 2 are imposed to 10 0000 0000

CZK.



section 48



Failure to fulfil obligations of prevention



(1) a person who is Required in § 21. 2 to develop a

in writing, a system of internal policy, and does not apply to exempt under section 21

paragraph. 3 or 4, is guilty of misconduct by a system of internal

the policy has failed to the extent provided for in § 21. 5 at the latest within a period of 60

days from the date when the person became mandatory.



(2) a person who is Required in § 21. 6 to deliver

the Ministry or the Czech National Bank's internal policy and notification system

about the changes, committed misconduct by a system of internal

policy or a notice of the changes will not deliver according to § 21. 6 or

the absence of the written information on how to correct any identified deficiencies

According to § 21. 8.



(3) a person commits misconduct that does not ensure

training of employees in accordance with section 23.



(4) a credit institution has committed misconduct that violates

the obligations laid down to establish correspondent banking relationship

According to § 25 paragraph. 1, 2, or 3.



(5) the person referred to in section 29. 1 is guilty of misconduct

by performing activities on the basis of the postal contract and under the conditions

stipulated by the Act on postal services, whose purpose is the delivery

remitted amounts of money, without a certificate of fitness under section 29.



(6) for the administrative offence under paragraphs 1 to 3 shall be imposed a fine of 1 000

USD.



(7) for the administrative offence referred to in paragraph 4 or 5 shall be imposed to the 5 000

USD.



section 49



Violation of the obligations for transfers of funds




(1) a person as a payment service provider or as a

intermediary payment service provider when the transfer of

funds committed misconduct by contrary to directly

the applicable law of the European communities, which specifies the contents of the

the information accompanying such transfers ^ 20),



and does that) transfer of funds are accompanied by information on the

the payer,



(b)) has established effective procedures for the identification of missing or

incomplete information on the payer,



(c) fails to take the appropriate measures against) the payment service provider

the Bill that does not provide for transfer of funds to the payment

She was accompanied by information on the payer, or



(d) make available on request) the payment service provider of the recipient

for complete information on the payer, in cases when the transfer is accompanied by the full

information on the payer.



(2) for the administrative offence referred to in paragraph 1 shall be imposed to the 10 0000 0000

CZK.



section 50



Failure to comply with the notification requirements in cross-border převozech



(1) a natural person has committed the offence by



and fails to comply with the notification obligation) on entry to the Czech Republic from the area

outside the territory of the European communities or in the output of the Czech Republic

in such areas, pursuant to section 41, paragraph. 1 or 4, or



(b) fails to comply with the notification requirement) send a mail or other cargo

from the Czech Republic outside the territory of the European Community or of the adoption of the

such shipments from outside the territory of the European communities, pursuant to section 41

paragraph. 3 or 4.



(2) a legal person commits misconduct by



and fails to comply with the notification obligation) on entry to the Czech Republic from the area

outside the territory of the European communities or in the output of the Czech Republic

in such areas, pursuant to section 41, paragraph. 2 or 4, or



(b) fails to comply with the notification requirement) send a mail or other cargo

from the Czech Republic outside the territory of the European Community or of the adoption of the

such shipments from outside the territory of the European communities, pursuant to section 41

paragraph. 3 or 4.



(3) the offence referred to in paragraph 1 may be to impose a fine up to Czk 10 0000 0000

or the forfeiture of things.



(4) in the administrative offence referred to in paragraph 2 are imposed to 10 0000 0000 Czk

or the forfeiture of things.



Common provisions on administrative offences



section 51



(1) the forfeiture of things can be saved, if the thing belongs to the offender and was



and) to commit misconduct used, or



(b)), the administrative deliktem obtained or acquired as a matter of this deliktem

obtained.



(2) if it has not been saved, the confiscation of the things referred to in paragraph 1 (b). and)

or (b)), decided on its prevents, if



and belongs to the offender which) cannot be prosecuted, under the administrative tort



(b)) do not belong to the perpetrators of the misconduct or does not belong to him completely, or



(c)) the owner is not known.



(3) forfeiture of things cannot be saved, and cannot take the matter, if the value of things

in striking disproportionate to the nature of the misconduct.



(4) the owner of the forfeited or seized things becomes a State.



section 52



(1) a legal person under the administrative tort does not match, if he proves that

made every effort, that it was possible to require that the infringement of the

a legal obligation.



(2) in determining the acreage of the fine legal person shall take into account the seriousness of the

the administrative tort, in particular to the way a criminal offence and its consequences, and

the circumstances under which it was committed.



(3) liability of legal persons for the administrative offence shall cease, if the

the administrative authority about him has commenced proceedings in the 2 years of the date on which it

learned, but not later than 10 years from the day when it was committed.



(4) The responsibility for acts that occurred during the physical business

person or in direct connection with it, shall be subject to the provisions of this

the law on liability of legal persons and sanctions.



(5) administrative offences under this Act, with the exception of administrative offences

committed required the person referred to in section 2 (2). 1 (a). (j)), and k) and

administrative offences under section 50, in the first instance are heard by the Ministry.



(6) the administrative offences committed by a person referred to in section a mandatory 2 (2). 1

(a). (j)), and to be dealt with in the first instance), the supervisory authority.



(7) administrative offences under section 50 shall examine the Customs Office. Misdemeanor under section

paragraph 50. the competent Customs Office may refer to discussion at the customs

the Office, in whose territorial jurisdiction the perpetrator of the offence has a permanent residence.



(8) the fine and costs levied an administrative authority, which is

saved by. Fines and costs are payable within 30 days from the date of

the entry into force of the decision. Revenue from fines and refunds the costs

is the income of the State budget.



(9) if it is not paid within the time limit, the fine due, the Customs Office may, on the

her payment to use the secured property referred to in section 41, paragraph. 1, 3 and 4, if the

is secured; follows, according to the provisions of the customs law of a lien

in accordance with the Customs Act.



section 53



According to another legal regulation ^ 26) to discuss the negotiations, which has characters

misconduct under section 43 to 48, commits to be a lawyer, a notary,

Auditor, the Court executor or tax advisor as required.

The supervisory authority referred to in section 35, paragraph. 1 promptly submits the case to the

consultation of the competent authority in accordance with such other legislation and

at his request, shall make the necessary investigation to safeguard evidence.



PART SEVEN



COMMON AND FINAL PROVISIONS



§ 54



(1) the obligations which the law imposes mandatory for persons who are subject to

only those activities that are the subject of their business or

of the services provided.



(2) unless otherwise provided in this Act, the persons referred to are mandatory

in section 2 (2). 2 (a). and (b))) and the rights and obligations which the law

provides for the required type of the person referred to in section 2 (2). 1.



(3) the amount in euro, unless otherwise provided by this Act (section 41

paragraph. 7), for the purposes of this Act, means the corresponding value in the

any currency provided for by the exchange rate declared by the Czech National Bank

and valid for the day, in which the obligation is met under this Act;

If this course is not yet available at this date, the course

valid for the previous day. If the payment is divided into several

separate transactions, the value of trade or payments to their sum,

If the payment is related.



(4) the payment of a highly valuable commodities such as precious metals, in particular

or precious stones shall be deemed payment in cash.



(5) Mandatory person in whose name or on whose behalf the offering of its

products or services of a third party, shall ensure that such persons apply

procedures for the prevention of the legalization of proceeds of crime and

the financing of terrorism in the same range as this required the person.



section 55



(1) a proceeding under this Act is always non-public.



(2) on the basis of the adopted reporting suspicious of trade or other

the initiative of the Department of investigation be carried out, in which progresses without

unnecessary delays.



(3) After completion of the investigation, the Ministry without undue delay, an appropriate

way to inform about this fact, who filed a notice

the suspected trade. The other person about the investigation and their

nevyrozumívá.



(4) the credentials of the staff of the Ministry shall in the exercise of activities in accordance with

This Act demonstrates the staff ID card, issued on the basis of the law on

the implementation of international sanctions.



section 56



The enabling provisions



The Czech National Bank issues a decree for the implementation of § 21. 9.



§ 57



Transitional provisions



(1) the proceedings initiated before the date of entry into force of this Act

completed under this Act, with the exception of proceedings relating to an offence or other

the administrative tort, committed before the date of entry into force of this Act,

If the previous legislation more favourable to the accused.



(2) a person who, on the date of entry into force of this Act shall perform the activities

on the basis of the postal contract and under the conditions laid down by the law of

postal services, whose purpose is the delivery of the cash amounts remitted,

may in this activity without a certificate of fitness pursuant to § 29 continue

for a maximum period of 6 months from the date of entry into force of this Act.



(3) the person referred to in section 2 (2). 1 (a). and (d))) up, h) and (i)), which

has drawn up a system of internal policies, procedures and control measures

According to the existing legislation, shall draw up, within 60 days from the date of acquisition

the effectiveness of this law a system of internal policies, procedures and control

measures within the meaning of § 21. 2.



(4) a credit institution, a financial institution referred to in section 2 (2). 1 (a).

(b)), paragraphs 5, 6, 10 and 11 and the person referred to in section 2 (2). 1 (a). (c)),

that has drawn up a system of internal policies, procedures and control

the measures provided for in the existing legislation, within 60 days from the date of

the entry into force of this Act, the Ministry of the system of internal policy,

procedures and control measures, drawn up within the meaning of § 21. 2.



section 58



Cancellation provisions



Shall be deleted:



1. Act No. 61/1996, on certain measures against the legalization of the proceeds

from criminal activity and on the amendment and supplement of the related laws.



2. Decree No. 343/2004 Coll., laying down the model of the form according to § 5

paragraph. 5 of Act No. 61/1996, on certain measures against the legalization of

the proceeds from crime and on the amendment and supplement of the related laws.



3. Decree No. 344/2004 Coll., on the fulfilment of the reporting obligations under

Act No. 61/1996, on certain measures against the legalization of proceeds from

crime and amending and complementing related laws.



4. Decree No. 283/2006 Coll., amending Decree No. 344/2004 Coll., on

implementation of notification obligations pursuant to Act No. 61/1996 Coll., on certain

measures against the legalization of proceeds from crime and on the amendment and

Tween related laws.



section 59



The effectiveness of the



This Act shall take effect on the first day of the second calendar month

following the date of its publication.



Vaidya in the r.



Klaus r.



Topolanek in r.



Annex



FORM FOR REPORTING CASH



Selected provisions of the novel



Article. LIONS Act No 420/2011 Sb.



Transitional provisions



1. the certificate of eligibility issued by the Ministry of Finance according to the

the existing legislation is deemed to be certificates issued under

Act No. 253/2008 Coll., as amended, effective from the date of entry into force of

of this law.




2. Administrative offenses under section 44, paragraph. 4, section 45, paragraph. 4, § 46 paragraph. 3, § 47

paragraph. 5, section 48, paragraph. 8 or section 49, paragraph. 3 of Act No. 253/2008 Coll., in

the texts of the effective to date of the entry into force of this Act, committed to the date of

the entry into force of this law, which was the date of the acquisition

the effectiveness of this law, a final decision shall be assessed in accordance with

the existing legislation.



3. the proceedings initiated before the date of entry into force of this law and in the

This open day is finished and the rights and obligations related to

shall be assessed in accordance with the existing legislation.



1) European Parliament and Council Directive 2005/60/EC of 26 April 1999. October

2005 on prevention of the use of the financial system for money laundering and

the financing of terrorism.



Commission Directive 2006/70/EC of 1 July 1999. August 2006 laying down

implementing measures to the European Parliament and Council Directive 2005/60/EC,

If this is the definition of "politically exposed person" and the technical

criteria for simplified customer due diligence procedures and for

an exception on the basis of financial activities carried out on an occasional or

a very limited extent.



2) European Parliament and Council Regulation (EC) No 1889/2005 of 26 July.

October 2005 on controls of cash entering the Community

or leaving.



Regulation of the European Parliament and of the Council (EC) No 1781/2006 of 15 March 2006.

November 2006 on information on the payer accompanying transfers of

resources.



3) Law No 284/2009 Coll., on payments.



4) § 91 to 115 of Act No. 256/2004 Coll., on business, on the capital market

in the wording of later regulations.



5) section 4 of Act No. 256/2004 Coll., as amended.



6) section 29 of Act No. 256/2004 Coll., as amended by Act No 56/2006 Sb.



7) § 2 (2). 1 (a). in the law No.) 363/1999 Coll., on insurance, in

as amended.



8) section 81 et seq.. Act No. 358/1992 Coll., on notaries public and their activities

(the notarial regulations), as amended.



9) of section 502 of the civil code.



10) section 2 of the Act No. 20/1987 Coll. on State care monument.



11) § 1 (1). 1 of law No. 71/1994 Coll., on the sale and export of objects

cultural values, as amended by Act No. 80/2004 Sb.



12) section 93 of the criminal law.



13) section 95 of the criminal code.



14) Article. 1 to 4 of Council framework decision of 13 June 2002. June 2002 on the fight

against terrorism (2002/475/JHA).



section 89, paragraph 15). 8 of the criminal code.



16) § 214 to 302 of the civil code.



17) section 2 of the Act No. 69/2006 Coll., on the implementation of international sanctions.



18) Law No 340/2006 Coll., on the activities of institutions for occupational retirement provision

pension insurance of the Member States of the European Union on the territory of the Czech

Republic and amending Act No. 48/1997 Coll., on public health

insurance and amending and supplementing certain related laws, as amended by

amended.



19) Law No 124/2002 Coll., as amended.



20) European Parliament and Council Regulation (EC) No 1781/2006.



21) section 44 of the Act No. 6/1993 Coll. on Česká národní banka, as amended by

amended.



22) section 3 (3). 1 (a). and Act No. 358)/1992 Sb.



23) section 3 (3). 1 (a). (b)) Law No 358/1992 Sb.



24) Law No 412/2005 Coll., on the protection of classified information and on the

security, as amended.



25) Law No. 377/2005 Coll., on the supplementary supervision of banks,

spořitelními and úvěrními associations, electronic money institutions,

insurance companies and traders in securities in the financial conglomerates directive

and on amendments to certain other laws (the law on the financial conglomerates directive),

in the wording of later regulations.



26) Act No. 85/1996 Coll., on the legal profession, as amended.



Law No 358/1992 Coll., as amended.



Act No. 254/2000 Coll. on Auditors and on the amendment of Act No. 165/1998 Coll.

in the wording of later regulations.



Act No 120/2001 Coll., on the activities of bailiffs and enforcement

(enforcement procedure) and amending other laws, as amended.



Act No. 523/1992 Coll., on income tax advice and the Chamber of tax consultants

The Czech Republic, as amended.



27) section 5 of the Act No. 383/2012 Coll., on conditions for trading

on greenhouse gas emissions.



for example, § 28) 38 of Act No. 21/1992 Coll., on banks, as amended by

amended section 19 of Act No. 377/2005 Coll., as amended

the provisions of § 21 of Act No. 85/1996 Coll., as amended.