368/2016 Sb.



LAW



of 19 December 2003. October 2016,



amending Act No. 253/2008 Coll., on certain measures against the

the legalization of proceeds from crime and the financing of terrorism, as amended by

amended, and other related laws



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on certain measures against the legalization of proceeds of crime

the activities and financing of terrorism



Article. (I)



Act No. 253/2008 Coll., on certain measures against the legalization of proceeds from

crime and the financing of terrorism, as amended by Act No 227/2009

Coll., Act No. 281/2009 Coll., Act No. 285/2009 Coll., Act No. 199/2010

Coll., Act No. 139/2011 Coll., Act No 420/2007 Coll., Act No. 428/2011

Coll., Act No. 457/2011 Coll., Act No. 18/2009 Coll., Act No. 377/2012

Coll., Act No. 399/2009 Coll., Act No. 241/2013 Coll., Act No. 303/2013

Coll., Act No. 257/2014 Coll., Act No. 166/2015 Coll., Act No. 377/2015

Coll., Act No. 188/2016 Coll. and Act No. 243/2016 Coll., is amended as follows:



1. in article 1, the words ' European Communities ' ^ 1 ') "shall be replaced by

"The European Union" ^ 1 ")" and the words "of the European communities ^ 2)" shall be replaced by

the words "European Union ^ 2)".



Footnotes 1 and 2 shall be added:



"1) directive of the European Parliament and of the Council (EU) 2015/849 of 20 December.

may 2015 on the prevention of the use of the financial system for money laundering and

the financing of terrorism, for the regulation of the European Parliament and of the Council

Regulation (EU) No 648/2012 and repealing Directive of the European Parliament and of the Council

2005/60/EC and Commission Directive 2006/70/EC.



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 (EU) 2015/847 of 20 December. may

2015 information accompanying transfers of funds and the

repeal of Regulation (EC) No 1781/2006. ".



2. In article 2 (2). 1 (b). (b)), point 3, the words "with the exception of the investment

^ 6) "provider, including footnote No. 6 be deleted.



3. In article 2 (2). 1 (b). (b)), paragraph 4, the words ", pension company and

Pension Fund "shall be replaced by" and pension company ".



4. In article 2 (2). 1 (b). (b) point 10), the words "foreign exchange law"

replaced by the words "the law on foreign exchange activities".



5. In article 2 (2). 1 letter c) is added:



"(c)) the operator of a gambling under the law governing games of chance with

other than the operator of cash, in-kind, or instant lottery number,

the game of bingo or raffle ".



6. In article 2 (2). 1 (b). (h)) the introductory part of the provisions read as follows: "means a person other than

in subparagraph (g)), which provides in the course of its business or

the activities of the Trust Fund or the activities of other legal arrangement without

legal personality of another person services that consist in ".



7. In article 2 (2). 1 (b). (h)), point 2, the words "any other person" be replaced by

"any other person".



8. In article 2 (2). 1 (b). (h)), paragraph 4, the words "European Community",

replaced by the words "European Union".



9. in section 2 (2). 1 the letter i) deleted.



Letters j to l)) are known as letters) to).



10. In paragraph 2, at the end of paragraph 1, the period is replaced by a comma and the following

the letter l) is added:



"l) the person providing the services associated with the virtual currency, which is to

the purposes of this Act, the electronically stored unit regardless of

on it, whether or not the issuer and which is not money instrument

under the Act on payment systems, but is accepted as payment for goods

or services and another person other than the issuer. ".



11. In paragraph 2 (2). 2 (c)) shall be deleted.



Subparagraph (d)), and (e)) shall become points (c) and (d)).)



12. in section 2 (2). 2 c) and (d)):



"(c)), an entrepreneur who is not listed in paragraph 1 to trade in cash

of a value of € 10,000 or more,



(d)) a legal entity that is not an entrepreneur, if it is entitled to

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

When you trade in cash of a value of EUR 10 000 or greater. ".



13. in section 2 (2). 3 the words "d) and (e))" shall be replaced by "c) and (d))".



14. in paragraph 3, at the end of paragraph 2, the period is replaced by a comma and the following

subparagraph (c)), which read as follows:



"(c)) for the purposes of this act as well as the financing of proliferation of weapons of mass

destruction referred to in paragraph 3. '.



15. In paragraph 3, the following is inserted after paragraph 2 paragraph 3, including the

footnote # 29:



"(3) the financing of proliferation of weapons of mass destruction means

the collection or provision of funds or other assets

with the knowledge that it will be, even if only in part, used conveyor weapons

mass destruction or will be used to promote the dissemination of such weapons in the

contrary to the requirements of international law 29 ^ ^).



29) for example, Decree of the Minister of Foreign Affairs No. 61/1974 Coll. on

The Treaty on non-proliferation of nuclear weapons, the Decree of the Minister for foreign

things no 96/1975 Coll., on the Convention on the prohibition of the development, production and Stockpiling of

of Bacteriological (Biological) and Toxin Weapons and on their

destruction, the Ministry of Foreign Affairs notice No. 14/2009 Sb. m. s.,

replacing communication from the Ministry of Foreign Affairs announced

under Act No. 94/1997 Coll. on the adoption of the Convention on the prohibition of the development, production, accumulation

inventory and use of chemical weapons and on their destruction ".



The former paragraph 3 shall become paragraph 4.



16. in section 3, paragraph 3. 4, the words "paragraphs 1 and 2 shall be replaced by

"paragraphs 1 to 3".



17. in section 4, paragraphs 4 and 5 are added:



"(4) the owner for the purposes of this Act, a natural person

the person who has de facto or legally able to exercise, directly or

indirectly, a dominant influence in the legal entity in the Trust Fund or in

other legal arrangement without legal personality. It is considered that, in the

meet the conditions referred to in the first sentence, the real owner is the



and in a business Corporation) is a natural person,



1. which itself, or together with persons acting in concert with it

It has more than 25% of the voting rights of the business corporation, or

has a share of the capital is greater than 25%,



2. which itself, or together with persons acting in concert with it controls

person referred to in paragraph 1,



3. to be the recipient of at least 25% of the profits of the business corporation,

or



4. who is a member of the statutory body, the representative of the legal person in the

This authority or a similar position in the position of a statutory

authority, if not the actual owner or if it cannot be determined in accordance with points 1

up to 3,



(b)) in the League, generally beneficial companies, owners

units, the Church, religious society or other legal entity

under the law governing the status of churches and religious communities

a natural person,



1. which has more than 25% of its voting rights,



2. to be the recipient of at least 25% of the allocations, it

or



3. who is a member of the statutory body, the representative of the legal person in the

This authority or a similar position in the position of a statutory

authority, if not the actual owner or if it cannot be determined from the point 1

or 2, the



(c)) for the Foundation of the Institute, of the Endowment Fund, trust fund or other

legal arrangement without legal personality means the natural person or the actual

the owner of the legal person, who is in a position



1. founder,



2. the trustee,



3. the beneficiary,



4. the person in whose interest was founded or operating Foundation, the Institute,

Endowment Fund, a trust fund or other arrangement without legal personality,

If it is not determined by the beneficiaries, and



5. persons entitled to exercise supervision over the administration of the Foundation, the Institute,

the Endowment Fund, trust fund or other legal arrangement without

legal personality.



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



a) an individual who is or was in a prominent public function with the

national or regional importance, such as, in particular, the head of State,

the Prime Minister, head of the central body of State administration and his Deputy

(Deputy Secretary), Member of Parliament, Member of the management body of the

political parties, local self-government authorities, leader of the judge

the Supreme Court, the Supreme Constitutional Court or other judicial

authority against whose decisions in General, with some exceptions, you cannot use the

remedies, a member of the Bank Council of the Central Bank, the high

an officer of the armed forces or corps member or representative of a member, if the

by a legal person, the statutory authority of business corporations controlled by the

State, Ambassador or head of a diplomatic mission, or physical

a person who performs a similar function or engaged in another State, in the

the institution of the European Union or in an international organization,



(b)) a natural person who is



1. a person close to the person referred to in subparagraph (a)),



2. a partner or owner of the same legal entity,

where appropriate, a trust fund or other legal arrangement without legal

personality, as the person referred to in subparagraph (a)), or is it mandatory to the person

known to be in any other close business relationship with the person

referred to in point (a)), or



3. the owner of a legal person or trust fund

or other legal arrangement without legal personality, which is

mandatory person known to have been created for the benefit of a person referred to in

(a)). ".




18. in section 4, paragraph 7 is added:



"(7) the Correspondence relation for the purposes of this Act, the



and provision of banking services) once the Bank as correspondent

the Bank, another bank as a respondent to the Bank, including the provision of regular

or other account and related services such as cash management,

international transfers of funds, clearing cheques, continuous

correspondent accounts and foreign exchange services, or



(b)) relationships between credit institutions, financial institutions or

between each other credit and financial institutions, including relations

created for the purpose of securities transactions and transfers of

resources, in which the correspondent institution respondent

the institution provided similar services as in (a)). ".



19. in paragraph 4, the following paragraphs 8 to 11 shall be added:



"(8) a person providing services associated with the virtual currency for the purposes of

This Act means a person who, as the object of their business

the activities of the buys, sells, stores, manages, or for another

mediates in the purchase or sale of virtual currency, or provides

other services associated with the virtual currency.



(9) an indirect influence, for the purposes of this Act, means the influence exercised by the

through another person or other persons.



(10) Disponováním with voting rights for the purposes of this Act, the

the ability to exercise the voting rights at its discretion without

regardless of whether, and under what legal reason are exercised,

where appropriate, the possibility to influence the exercise of voting rights by another person.



(11) a close business relationship for the purposes of this Act, the

such material interdependence within the framework of the business activity, when

benefit or harm one person could reasonably feel the other person

as a favour or prejudice its own. ".



20. In paragraph 5 (b). (b)), the words "in people who are its statutory

authority or its Member, the information referred to in subparagraph (a)) "shall be replaced by" for

a natural person who is a member of its statutory authority, information on

detecting and verifying its identity ".



21. in section 5, is at the end of subparagraph (b)) the dot replaces the comma and the following

subparagraph (c)), which read as follows:



"(c)) for a trust fund or other legal arrangement without legal

the personality of its markings and identification data of its administrator,

translates into higher, or persons in a similar position in the range according to the

letters and) and (b)). ".



22. in paragraph 5 of the present text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) if justified by the risk assessment under section 21a, may be in addition

the information in paragraph 1 obtained additional information to identify such

in particular, the telephone number, delivery address, e-mail

information about employment or employer. ".



23. in section 6 (1). 1 introductory part of the provisions, the words "financing

terrorism, "the words" or otherwise, or that the store is associated

with the financing of terrorism ".



24. in section 6 (1). 1 at the end of the text of subparagraph (d)), the words ", or

performs complex or unusually large trades ".



25. in § 7 paragraph 1 reads:



"(1) a mandatory person does identify the client no later than when the

It is obvious that the value of the trade exceeds EUR 1 000, unless the

Furthermore, the law does not provide otherwise. ".



26. in section 7 (2). 2 (c)) shall be deleted.



Subparagraph (d)) to (g)) shall become point (c)) to (f)).



27. in section 7 (2). 2 (d)) shall be deleted.



Subparagraph (e)), and (f)) shall become points (d) and (e)).)



28. in paragraph 7, the following paragraph 4 is added:



"(4) a person Required for each type of it provided by the shops, on the

not covered by paragraph 2, shall be based on risk assessment

pursuant to section 21a of the value of the trade, in which always executes

identify the client. This value cannot be greater than the amount referred

to in paragraph 1. ".



29. in section 8, paragraph 2, the following paragraph 3 is added:



"(3) in the context of the client identification required the person finds and records, whether

the client is not politically exposed person or whether it is the person against whom the

Czech Republic international sanctions under the law on the implementation of the

international sanctions. "



Paragraphs 3 to 8 shall become paragraphs 4 to 9.



30. In section 8, paragraph 5 is added:



"(5) if the client is represented by a legal representative or guardian,

carried out the identification of the legal representative or guardian pursuant to

of paragraph 2. Provide proof of identification data of the legal representative of the represented,

the guardian shall submit the decision of the Court. ".



31. in § 8 para. 7, the words "or soundness" is replaced by ",

the justification for a simplified control client (section 13) or "and the text" section 13 "

replaced by the text "§ 13a".



32. section 9, including the title reads as follows:



"section 9



Client check



(1) the control of the client required a person



and before you make a trade out of) a business relationship



1. no later than at the time when it is clear that reaches a value of EUR 15 000 or

later,



2. politically exposed person, or



3. with a person established in the country, on the basis of the designation of the European Commission

or for any other reason should be considered high risk,



(b)) in the situations covered by the obligation of identification according to § 7

paragraph. 2 (a). a) to (c)), and at the latest before the transaction,



(c)) at the time of duration of the business relationship,



d) referred to in section 2 (2). 1 (b). (c)) at a value of EUR 2 000 or

higher, or



e) referred to in section 2 (2). 2 (a). (c)), and (d)), in trade worth € 10 000

or higher.



(2) the client check includes



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

the relationship,



(b) ownership and control) of the structure of the client and its actual

the owner, if the client is a legal entity, a trust fund or other

the legal arrangement without legal personality, and the adoption of measures to identify

and verify the identity of the beneficial owner,



(c)) the continuous monitoring of the business relationship including scrutiny of shops

carried out in the course of the relationship in order to determine whether the stores

are in accordance with what is required of the person known to the client and his

the business and risk profile,



(d) examination of the sources of funds) or other property,

which the trade or business relationship and



e) within the framework of the business relationship with politically exposed person also

reasonable measures to establish the origin of its assets.



(3) a mandatory person checks the client referred to in paragraph 2 (a). (c)), and

(d)) to the extent necessary to assess the potential risk of money laundering

crime and the financing of terrorism, depending on the type of customer,

business relationship, product or transaction. Persons authorized to perform

checks on compliance with the obligations pursuant to § 35 justify mandatory person

the adequacy of the extent of the client's control and evidence of how the implementation of the

or the verification of compliance with the conditions for simplified identification and control

the client pursuant to section 13 or for an exception from the identification and control of a client

under section 13a, and having regard to the above risks.



(4) in assessing the risks referred to in paragraph 3 required the person

taking into account the risk factors listed in the risk assessment pursuant to section 21a.



(5) the person Required for each type of shops provided her down

on the basis of the risk assessment pursuant to section 21a of the value of trade at which

the achievement always checks the client. This value cannot be greater

than the amount referred to in paragraph 1.



(6) in implementing the client checks the obliged entity ascertains and records

u



and beneficial owner information) to verify his identity and to

its discovery,



(b)) of the beneficiary of the Trust Fund or other legal arrangement without

legal personality, which is determined on the basis of certain characteristics or

belonging to a particular category, information sufficient to identify the

a particular beneficiary at the time of the payout, or at the time when

beneficiaries apply their acquired rights,



(c) the authorized person from) life insurance, which is



1. designed as a specific person or legal arrangement without legal

personality, her name and surname or name,



2. based on its relationship to the insured or otherwise, information

sufficient to identify the specific beneficiaries at the time of payment

the performance,



3. politically exposed person, all the relevant circumstances and the progress of the

the business relationship.



(7) the client shall provide the required information to the person, in order to conduct

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



(8) the Required person may, for the purposes of this Act, make copies of or

extracts from the documents submitted, and handle the information thus obtained to

fulfill the purpose of this Act. ".



33. the heading of section 10 reads: "Mediated identification".



34. In section 10, paragraph 1 reads:



' (1) at the request of the client, or the client can identify

pursuant to section 8 (2). 1 perform the notary or public administration contact point. ".



35. In section 10, paragraph 1. 2 of the introductory part of the provisions for the word "Notary"

the words "or the focal point of public administration" and the words "or Office referred to

in paragraph 1 "shall be deleted.



36. In section 10, paragraph 1. 5 of the introductory part of the provisions for the word "Notary"

the words "and the focal point of public administration" and the words "and the authority referred to in

paragraph 1 "shall be deleted.




37. In section 11 (1) 1 introductory part of the provisions, the words "and the findings"

the words "the ownership and control structure of the client and his".



38. In section 11 (1) 1 (b). a), the words "foreign exchange law" shall be replaced by

the words "of the law on foreign exchange activities".



39. In article 11, paragraph 1, the following paragraph 2 is added:



"(2) Required the person referred to in section 2 (2). 1 (b). (e)), and (g)) may not perform

identify the client, finding information on the purpose and intended nature of the

trade or business relationship pursuant to § 9 para. 2 (a). and) and the findings

the ownership and management structure of the client and its beneficial owner according to the

§ 9 para. 2 (a). (b)), if those acts were carried out by a person of the same

type acting on the territory of the State, which she stores in the area of the fight against

the legalization of the proceeds of crime and terrorist financing obligations

equivalent to the requirements of European Union law and in which is against it

applied supervision at the level of the corresponding law of the European Union. '.



Paragraphs 2 to 7 shall become paragraphs 3 to 8.



40. in section 11 paragraphs 3 and 4 are added:



"(3) the obliged entity, which shall act in accordance with paragraph 1 or 2, you must have

to ensure the provision of information, including copies of relevant documents, the

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

the ownership and management structure of the client and the identity of the beneficial owner

from a credit or financial institution or person identification or

the findings of the relevant data.



(4) for implementing the actions referred to in paragraphs 1 and 2 corresponds to the obliged entity,

as if it is carried out by herself. The person does not take the required information about the

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

business relationship or finding the ownership and control structure of the client and

its beneficial owner referred to in paragraphs 1 and 2, if a question arises about the

accuracy or completeness of such information, and if it is not provided in advance

the fulfillment of the conditions referred to in paragraph 3. '.



41. In article 11, paragraph 5 shall be deleted.



Paragraphs 6 to 8 shall be renumbered as paragraphs 5 to 7.



42. In paragraph 11 (1) 5 and 6, the words "and finding" the words

"the ownership and control structure of the client and his".



43. In paragraph 11 (1) 5, the last sentence is replaced by the sentence "this information

including copies of relevant documents, unless they have been taken, shall be deposited with

mandatory of the person. ".



44. In article 11, paragraph 6, the following new paragraphs 7 and 8, including

footnotes # 30:



"(7) Required the person referred to in § 2 paragraph 1. 1 (b). a) and b) points 1 to 11,

that concludes with the client a written contract for the provision of financial services,

without the physical presence of a client who is a natural person, or

a natural person acting on behalf of a client, if the client is a legal person,

to identify the client, if



and the client sends the required person) copies made in the manner specified in § 10

paragraph. 4



1. the relevant parts of the identity card and at least one other

the supporting document, from which you can discover the appropriate identification data

natural persons, the nature and number of the identity card, the State or authority,

that issued it, and the period of their validity,



2. a document certifying the existence of the account held in the name of the client for

credit institution or at a foreign credit institution operating on the territory of the

State of the European economic area,



(b)) the first payment of this contract will be executed through your account.

(a)), section 2 and



(c) the person does not have) a mandatory doubt as to the real identity of the client.



(8) without the physical presence of a client who is a natural person, or

a natural person acting on behalf of a client, if the client is a legal person,

can the person perform the required identification of the client, if



and shall notify the person required) client identification information according to § 5 para. 1 and

additional information required to identify pursuant to § 5 para. 2 she laid down

in a way,



(b)) a mandatory person authenticates the competent natural persons for

a qualified service provider trust by directly

of the applicable legislation of the European Union relating to the electronic

identification and trusted services for electronic transactions to the

^ 30) internal market and



(c) the person does not have) a mandatory doubt as to the real identity of the client.



30) European Parliament and Council Regulation (EU) No 910/2014 of 23.

July 2014 on electronic identification, and services that make

confidence for electronic transactions in the internal market and repealing Directive

1999/93/EC ".



The present paragraph 7 shall become paragraph 9.



45. In paragraph 11 (1) 9, the words "paragraphs 1 and 4 to 6 shall be replaced by

"paragraphs 1, 2 and 5 to 8" and at the end of the paragraph, the following sentence "when

the risk assessment shall take into account the obliged entity risk factors listed in the

the risk assessment under section 21a. ".



46. In article 11, the following paragraph 10 is added:



"(10) when the procedure's obliged entities pursuant to paragraphs 1 and 2 in order to

the fulfilment of obligations pursuant to section 9 can exchange relevant

information related to the trades, through

shall be carried out. Exchange of information and of relying on another person when

the activities referred to in paragraphs 1, 2 and 5 to 8 it is not possible for people working in the

high risk of third countries, with the exception of branches and subsidiaries

by a person established in a Member State of the European Union,

the constituent in the fight against the legalization of proceeds of crime

and terrorist financing responsibilities equivalent to those of European

Union. ".



47. In paragraph 12, the words "paragraph. 4 and 6 "shall be replaced by" paragraph. 5 to 8 ".



48. the heading of section 13 reads: "Simplified identification and control of a client".



49. In § 13 para. 1 introductory part of the provisions: "the Mandatory person may

to perform a simplified identification and control of a client in relation to the

categories of clients with a potentially lower risk of misuse for legalization

the proceeds of crime or financing of terrorism, and that if the

the client ".



50. in § 13 para. 1 (b). (b)), the words "European Community" ^ 1 ")"

replaced by the words "European Union" ^ 1 ")".



51. In § 13 para. 1 (b). (c)), the words "European Community",

replaced by the words "European Union".



52. In § 13 para. 1 (b). (f)), point 1, the words "of the European communities"

shall be deleted.



53. In § 13 para. 1 (b). (f)) at the end of the text, point 4 is replaced by a comma

the word "and".



54. In § 13 para. 2 introductory part provision is worded: "simplified

identification and control of a client can also apply for the obliged entity ".



55. In § 13 para. 2 at the end of subparagraph (b)) the following the word "or", and

subparagraph (c)), and (d)) shall be deleted.



Letter e) is renumbered as paragraph (c)).



56. In § 13 para. 2 (a). (c)) (2) the words ' of the European

Community ^ 1) "shall be replaced by the words" European Union "^ 1") ".



57. In article 13, paragraph 3 as follows:



"(3) in the cases referred to in paragraphs 1 and 2, it is sufficient, if required

person only



and) verifies whether those conditions are fulfilled,



(b)) in an appropriate manner and shall record the identification data of the client and



c) detects according to the information available to it, if any of the clients,

provided by the product or a particular shop does not represent an increased risk

abuse for the legalization of the proceeds of crime or financing

terrorism; in case of doubt, the simplified identification and

client check referred to in paragraphs 1 and 2 shall not apply. ".



58. In § 13 para. 4, the words "exception under paragraph 2 shall be replaced by

"Simplified identification and control of a client".



59. under section 13 shall be added to § 13a, which including the title reads as follows:



"§ 13a



Exemptions from the obligation of identification and control client



(1) the obligation to identify and control the client do not need to perform the



and) electronic money held on media that cannot be recharged,

If the highest withheld amount shall not exceed EUR 250, or 500 euros

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

domestic payment transactions,



(b)) electronic money held on a medium that can be recharged, if

can only be used to perform domestic payment transactions and

total monthly limit for outgoing payments and at the same time the highest

Note: the amount does not exceed EUR 250, or



(c) 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 the total limit of payments

realized from one phone number for the calendar year

does not exceed EUR 2 500.



(2) the means of payment referred to in paragraph 1 may only be used to

the purchase of goods or services and shall not be taken or charged

with anonymous electronic money.



(3) the exemption provided for in paragraph 1 shall not apply when it is at the request of the holder of the

means of payment in arrears, a changed amount is higher than EUR 100.



(4) the obliged entity monitors transactions involving means of payment

referred to in paragraph 1 so as to make it possible to detect suspicious business

According to § 6. ".



60. section 14 and 15, including headings and footnotes, No 20:



"section 14



Exemption from the requirement to indicate the information accompanying transfers of

resources



Obligations under applicable European Union legislation directly governing the

information accompanying credit transfers of funds ^ 20)

shall not apply to transfers of funds or money services,


implementing the payment for the supply of goods or services, if



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



(b) the payee's payment service provider) is via the payee

payment always be able to use the unique identifier of the transaction

trace the transfer of funds from the natural or legal persons,

that has an agreement with the recipient for the supply of goods or services, and



c) transferred value does not exceed EUR 1 000.



§ 15



The non-trade



(1) a mandatory person refuses the implementation of trade or establishing a business

relationship or a business relationship terminates in case that is given to the identification

the obligation pursuant to § 7 para. 1 or 2 and



and the client)



1. refuses to submit to the identification,



2. rejects the power of attorney under section demonstrate the 8(5). 4, or



3. fails to provide the necessary assistance during the inspection under section 9,



(b)) for any other reason unable to perform the identification or control the client,

or



(c)) if the person conducting the identification or checking the doubts as to the

the veracity of the information provided by the client or on the authenticity of the

the documents submitted.



(2) a person is not carried out Mandatory trade with politically exposed person, and

even in the context of the business relationship, if it is not known the origin of the assets

applied in the trade.



(3) the consent of the statutory authority required of a person or its designee to

in the area of control measures against the legalization of proceeds of crime and

terrorist financing is needed to



business relation with) politically exposed person, or



(b)) even if only a partial referral to performance of life insurance, if the

in the situation referred to in § 9 para. 6 (a). (c) point 3) found an increased risk of

abuse for the legalization of the proceeds of crime or financing

terrorism.



20) Regulation of the European Parliament and of the Council (EU) 2015/847. ".



61. In article 16 paragraph 1 reads:



"(1) the person shall keep the Required for a period of 10 years from the sale or

from the end of the business relationship with the client



and) identification data obtained pursuant to § 8 para. 1 to 3 or on the basis of

directly applicable European Union legislation relating to information

accompanying credit transfers of funds ^ 20),



(b)) a copy of the documents submitted to identify if they have been taken,



c) an indication of when and who made the first identification of the client,



d) information and copies of documents obtained under the control of the client pursuant to §

9,



e) documents justifying derogation from the identification and control of a client

under section 13a and



f) in the case of representation the original or a certified copy of the power of attorney or

reference number of the Court's decision on the appointment of a guardian. ".



62. In § 16 para. 3 the words "(a). (j)) and k) "are replaced by the words" (a). I) and

(j)) ".



63. In section 18 para. 1 the words "Ministry of Finance (hereinafter referred to as

"the Ministry") "shall be replaced by the words" the Financial Analytical Department (hereinafter

"the authority") ".



64. In paragraph 4 of section 18 reads as follows:



"(4) the notification of the suspected trade accepts authority. The address of and conditions for

delivery and more links for reporting suspicious

trade, the authority shall publish in a way allowing remote access. ".



65. In section 18 para. 6, the word "Ministry" is replaced by "the Office" and

the word "Ministry" shall be replaced by the word "authority".



66. In section 20 (2). 1 the term "Ministry" is replaced by "the Office" and

the word "Ministry" shall be replaced by the word "authority".



67. In section 20 (2). 2 the words "in particular for the operations carried out by the

electronic means of payment, "shall be deleted and the word" Ministry "

shall be replaced by the word "authority".



68. In section 20 (2). 3 of the introductory part of the provisions, the word "Ministry"

replaced by the word "authority".



69. In section 20 (2). 3 (b). and) the words "for a period of 72 hours from the receipt of the

the notification of a suspect by the Ministry of trade "shall be replaced by the words" for a further 2

working days ".



70. in section 20 (2). 3 (b). (b)), the words "72 hours" shall be replaced by "3

working days ".



71. In section 20 (2). 4, the words "permissible decompiling" shall be replaced by

"appeal".



72. In section 20 (2). 5, the word "Ministry" is replaced by "the Office" and

the word "Ministry" shall be replaced by the word "Authority".



73. In section 20 (2). 6, the word "Department" shall be replaced by "the Office" and

the word "filed" shall be replaced by the word "filed".



74. In section 20 (2). 7, the word "Department" shall be replaced by "the Office" and

the words "mandatory person executes the command the client after the expiration of 3 calendar

days "are replaced by the words" the postponement of the fulfilment of the client or to ensure the

the assets referred to in paragraph 1 or 3 shall be extended by 3 working days ".



75. In paragraph 21 of the paragraphs 1 and 2 shall be added:



"(1) a mandatory person will introduce and apply the appropriate policies and procedures

internal control and communication to mitigate and manage effectively the risks

the legalization of proceeds from crime and financing of terrorism

identified in the risk assessment pursuant to section 21a and to populate the other

the obligations laid down in this law.



(2) a mandatory person referred to in section 2 (2). 1 (b). a) to (d)), and (h)), shall draw up

within 60 days from the date on which the person became liable on the basis of

the risk assessment under section 21a, and to the extent in which it carries out operations

subject to the scope of this Act, in writing, a system of internal policy,

procedures and control measures to meet the obligations laid down in this

the law (hereinafter referred to as "a system of internal policy"). Included in the written system

internal policy is a written risk assessment under section 21a, para. 2.

A system of internal policy, including the risk assessment approved by the statutory

authority of the obliged entities. ".



76. In § 21 para. 3 and 4, the words "(a). b) to (d)), h) and (i)) "shall be replaced by

the words "(a). b) to (d)), and (h)) ".



77. In section 21 para. 5 (b). (f)), the word "Ministry" is replaced by

"The Office".



78. In § 21 para. 5 (b). (j) "), the text of § 25 para. 4 "is replaced by the text" section

paragraph 24A. 2. "



79. In § 21 para. 6, the word "Ministry" is replaced by "the Office",

the words "system of internal policy" shall be inserted after the words "including its new

the wording of "and the words" the obligations under the first sentence "shall be replaced by the words" these

the obligations ".



80. in paragraph 21 of the paragraph. 8, the word "Department" shall be replaced by "the Office".



81. In paragraph 21, paragraph 9, including footnote # 21:



"(9) if it is expedient for the efficient fulfilment of the requirements of this Act,

the Czech National Bank, within the limits laid down in paragraph 5 (b). (c)), and (d))

the Decree lay down requirements for the introduction and implementation of the system

internal policies and risk assessment under section 21a some mandatory

persons to whom the Czech National Bank exercises supervision ^ 21).



21) for example, § 44 of Act No. 6/1993 Coll., on the Czech National Bank, in

as amended. ".



82. in paragraph 21, the following new section 21a, which including the title reads as follows:



"§ 21a



The risk assessment



(1) a mandatory person identifies and assesses the risks of money laundering

crime and the financing of terrorism, which may occur in the context of the

its activities subject to the scope of this Act. When assessing the

risk taking into account mandatory person and a possible higher risk factors, referred to

in annex 2 to this Act.



(2) a mandatory person referred to in section 2 (2). 1 (b). a) to (d)), and (h)), shall draw up

not later than 60 days from the date on which the person became a mandatory written

risk assessment the legalization of proceeds from crime and the financing of

terrorism for the types provided by the shops and commercial relations, in

the extent to which performs the activities subject to the scope of this

the law. It shall take into account the risk factors, in particular the client type, purpose,

the periodicity and duration of the business relationship or trade outside of the

the business relationship, the type of product, value and method of making the sale and

risk countries or geographical areas, to which shops.



(3) part of the risk assessment referred to in paragraphs 1 and 2 are measures for the

internal control, monitoring of compliance with legislation and the screening

employees of the obliged entities, and according to the extent and nature of the activities of the mandatory

of the person and the establishment of an independent body for testing of these measures,

policies and procedures pursuant to § 21 para. 1.



(4) the obligor of the risk assessment referred to in paragraph 2 shall regularly

updates, especially before the start of new products.



(5) the obliged entities that are part of a group, the Group

policies and procedures for the fight against the legalization of proceeds of crime

and the financing of terrorism, including data protection policies to the extent that

the right of the third State allows, and the policies and procedures for sharing

information within the group. Those policies and procedures are also

applied in branches and subsidiaries in other Member

States and third countries. '.



83. In paragraph 22 of the paragraph. 1 the term "Ministry" is replaced by "the Office"

the words "without delay" the Ministry shall be replaced by "and required a person

referred to in § 2 (2). 1 (b). (c)), d) and (h)), the Office shall without delay ".



84. In § 23 para. 3, after the word "stores", the words "the requirements

laid down for the implementation of a mandatory person identification and control client

and procedures for identifying risk factors for the client ".



85. In paragraph 24, the words "Ministry" is replaced by "the Office", the word

' the Ministry ' shall be replaced by "the Office", the word "Ministry"

shall be replaced by "the Office" and after the word "notice" with the words "and

administrative supervision ".



86. In paragraph 24 of the present text shall become paragraph 1 and the following

paragraph 2, which, including footnote # 31 is added:




"(2) the obliged entities shall provide clients before establishing a business relationship

or performing a trade outside the business relation information required under

the law on the protection of personal data ^ 31). This information shall include in particular

a general warning regarding the obligations of the obliged entities under this

law to process personal data for the purposes of the prevention of money laundering

of crime and the financing of terrorism, as referred to in § 1.



31) section 11 of Act No. 101/2000 Coll., on the protection of personal data and on amendments

certain acts, as amended. ".



87. under section 24 shall be added to § 24a, including footnote # 32

added:



"§ 24a



(1) a mandatory person in their branches and subsidiaries ^ 32),

operating in States that are not States of the European economic

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

which are at least equivalent to the requirements of European Union law ^ 1). For this

to them the relevant information about the applied methods and

procedures.



(2) the obliged entity, having a branch or a subsidiary in the Member State

whose law does not permit the application of equivalent measures

in accordance with paragraph 1, it shall inform the Office and take the appropriate additional

measures to effectively manage the risk of misuse for money laundering

criminal activities or the financing of terrorism and the prevention of the transmission of such

risks in the Czech Republic and other countries of the European economic

space.



(3) the obliged entity, that has a branch or establishment in another Member

State of the European Union, shall ensure that this branch or establishment complies with the

national provisions in the field of combating the legalization of proceeds of crime

the activities and the financing of terrorism of that other Member State.



(4) the obliged entity at the request of the authority in the prescribed period it shall communicate to the

whether it maintains or in the previous 10 years trading

relationship with a specific natural or legal person against whom she had

the obligation of identification, and about the nature of this relationship. For this purpose, introduce

mandatory person an effective system, corresponding to the size of the institution and the nature of the

its business activities.



section 74 paragraph 32). 2 Act No. 90/2012 Coll., on commercial companies and

cooperatives (law on commercial corporations). ".



88. In § 25 para. 1 introductory part of the provisions for the word "Credit"

the words "or financial", the word "Bank" shall be deleted and for the

the word "credit" shall be inserted after the word "financial".



89. In § 25 para. 1 (b). (c)), the words "European Community" ^ 1 ")"

replaced by the words "European Union" ^ 1 ")".



90. in § 25 para. 2 of the introductory part of the provisions for the word "Credit"

the words "or financial" and the word "Bank" shall be deleted.



91. In § 25 para. 2 at the end of the text of subparagraph (a)) the following words "and

other risk factors ".



92. In § 25 para. 2 at the end of subparagraph (b)) the following the word "and".



93. In § 25 para. 2 (c)):



"(c)) and assess the measures implemented by the respondent's institutions against

the legalization of the proceeds of crime and terrorist financing, including

the way and the quality of the implementation of the identification and control of the client and

the ability to provide such information on request, as well as the ability to

provision of information on the payer and the recipient in the transfers of

resources. ".



94. In § 25 para. 3, the word "Bank" shall be deleted and the word "credit"

the words "or the financial".



95. In article 25, paragraphs 4 to 6 shall be deleted.



The present paragraph 7 shall become paragraph 4.



96. In section 26 para. 1 and in section 27 para. 1 and 2, the text "section 24" inserted text

"paragraph. 1. "



97. In section 26 para. 4 and in section 27 para. 3, the word "Ministry" is replaced by

the word "Authority".



98. In section 27 para. 4 for the text "section 24" is inserted after "paragraph text. 1 ", the word

' the Ministry ' shall be replaced by "the Office" and the word "Ministry"

replaced by the word "Authority".



99. the heading of section 28 is added: "special provisions for payments in cash".



100. In the introductory part of the provisions of section 28, the text "(c). (e)) "is replaced by the text

"(b). (d)) ", the words" accepts "shall be replaced by the words" takes place

Shop "and the amount" EUR 15000 "is replaced by" EUR 10000 ".



101. In section 28 (f). a), the words "exception under § 13" shall be replaced by

"the possibility of the simplified procedure pursuant to section 13 or exemption pursuant to § 13a".



102. In section 28 (f). (b) "), the text of paragraph 1. 3 "shall be replaced with" paragraph 1. 4 "and

the word "Ministry" shall be replaced by the word "authority".



103. In section 29 para. 1 the term "Ministry" is replaced by "Authority".



104. In section 29 para. 2, the word "Department" shall be replaced by "the Office".



105. the following section is inserted after section 29a 29b, which including the title reads as follows:



"section 29b



The retention of data on the beneficial owner



(1) a legal person leads and continuously records the actual data to the

identification and verification of its beneficial owner, including the

the fact that bases the position of the beneficial owner or other

the reasons why that person is treated as the beneficial owner.



(2) a trustee or a person in a similar position to another

legal arrangement without legal personality records data to determine the

and verify the identity of the beneficial owner of the Trust Fund or

legal arrangement within the meaning of § 4 para. 4 (b). (d)).



(3) the information to identify and verify the identity of the beneficial owner according to the

paragraphs 1 and 2 shall keep the legal person, the trustee or the person in

a similar position against a different arrangement without legal personality

After a period during which the person is the beneficial owner, and at least 10 years

Since the demise of such a relationship.



(4) the information on the beneficial owner of a legal person, the Trust Fund or

other legal arrangement without legal personality shall be entered in the register of

information about beneficial ownership in the manner and to the extent provided by law

about public registers of legal entities and natural persons.



(5) if it is not shown in the records of the data about the actual owners or

When in doubt about the correctness of the data given there legal person

a trustee or person in a similar position in relation to other legal

the arrangement without legal personality at the request of the obliged entity, the Office, a court,

law enforcement authority, the authority of the Financial Administration of the Czech

the Republic or of the customs administration of the Czech Republic shall inform the person who is or has been

her real owner and enter the details to determine and verify its

identity; a legal person shall communicate the details of its interests held

or other reasons, why this person is considered to be the actual

owner. ".



106. In the heading of part III, the word "MINISTRY" is replaced by

"The OFFICE".



107. In the heading of title I, the word "MINISTRY" is replaced by

"The OFFICE".



108. In the third section to the top of the head and the following new section 29 c, 29 d and

that including the title as follows:



"The Office



section 29 c



(1) the authority shall be established as an administrative office is located in Prague, which holds the

the function of financial intelligence units for the Czech Republic and is

under the authority of the Ministry of finance.



(2) the authority operating in the fields covered by this activity and other

legislation, including the decision to initiate and how their

the investigation about the acquisition, processing and sharing of information and on the implementation of

checks.



(3) in its activities, the Office applies the organizational, personnel and

other measures, which guarantee that with information obtained during its

activities under this Act does not come into contact with others.



(4) the activities of the Office of the material, administratively and financially ensures

The Ministry of finance. The Office is an entity; its revenue and expenditure

they are part of the Ministry of finance budget chapter.



section 29 d



(1) the authority shall be governed by the Director.



(2) the selection, appointment and dismissal of the Director, is governed by the State

service. ".



109. In § 30 paragraph 2. 1, the word "Department" shall be replaced by "the Office".



110. In § 30 paragraph 2. 2, the word "Department" shall be replaced by "the Office".



111. In § 30 paragraph 3 to 5 including the footnotes # 32 to 38

shall be added:



"(3) the authority may, to the extent necessary for the investigation of the suspect to trade

demand from processors or the provision of information from the records Manager

the records referred to in paragraph 4. The processor or the administrator registration

provide information free of charge, unless otherwise provided by other law to the contrary.

The processor or the administrator of the register are required to request, without undue

delay.



(4) the authority may, to the extent necessary for the investigation of the suspicious trade and

the performance of the administrative supervision of the demand from processors or administrator registration

the provision of information in a way allowing remote and 24/7 access

from the information system of civil registration certificates ^ 32), information

the system of registration of travel documents ^ 33), the information system records

diplomatic and service passports ^ 33), the information system of aliens,

information system of population register ^ 34), the land register ^ 35),

basic population register ^ 36), the basic registry of legal persons,

natural persons-entrepreneurs and public authorities ^ 36), basic

territorial registry identification, addresses and real estate ^ 36), basic

registry of the agendas of the public authorities and certain rights and obligations ^ 36),

territorial information system of identification of ^ 36), register of road

^ 37) vehicles, the central register of road transport vehicles ^ 37), registry


historical and sporting vehicles ^ 37), register of drivers ^ 38) and

^ Central Register of drivers 38).



(5) the authority for the provision of the information referred to in paragraphs 3 and 4 only

in a way that will allow him to keep employee identification data,

that the provision of the information requested and the purpose for which it was

provision of the information requested, at least for a period of 5 years. About these

the facts are the processor or the administrator evidence required to maintain

confidentiality.



32) Law No 328/1999 Coll., on civil, as amended

regulations.



33) Act No. 326/1999 Coll. on travel documents and on the amendment of Act No.

283/1991 Coll., on the police of the Czech Republic, as subsequently amended,

(the law on travel documents), as amended.



34) Act No. 133/2000 Coll., on registration of the population and the birth numbers and

amendments to certain laws (law on population register), as amended

regulations.



35) Act No. 256/2013 Coll., on the real estate cadastre (Land Registry Act).



36) Law No 111/2009 Coll., on basic registers, as amended

regulations.



37) Act No. 56/2001 Coll., on conditions for the operation of vehicles on the road

roads and on the amendment of the Act No. 168/1999 Coll., on liability insurance

for damage caused by operation of the vehicle and amending certain related

laws (the law on the liability insurance of the vehicle), as amended by

Act No. 309/1999 Coll., as amended.



38) Act No. 361/2000 Coll. on road safety and on

amendments to certain laws (road traffic law), as amended by

amended. ".



112. In § 30 paragraph 2. 6, the word "Department" shall be replaced by the word "authority".



113. under section 30, the following new section 30a, which including the title reads as follows:



"section 30a



Risk assessment at the level of the United States



(1) the authority shall coordinate the process of risk assessment, the legalization of the proceeds of crime

the activities and the financing of terrorism at the level of the Czech Republic (hereinafter referred to as

"the national risk assessment"). The national risk assessment and processing

its continuous update also obliged entities, Czech national

the Bank, the authorities responsible for criminal proceedings, other interested State

authorities and other institutions.



(2) the risk assessment referred to in paragraph 1 shall take account of the possible factors of higher

the risks, listed in annex 2 to this Act and risk assessment

carried out by the institutions of the European Union and other international or

international institutions.



(3) national risk assessment is used in particular to improve measures

against the legalization of proceeds from crime and financing of terrorism

level of Government and in the compulsory subjects.



(4) national risk assessment is updated, in particular with regard to the development of

the risks of legalization of proceeds from crime and the financing of terrorism and

the activity of the institutions of the European Union.



(5) on the basis of the incremental risk assessment each of the bodies referred to in

paragraph 1, the authority shall prepare and submit to the Government for consideration, the final

the version of the national risk assessment and updates. ".



114. In § 31 para. 1, the word "Department" shall be replaced by "the Office" and

the word "authorized" shall be replaced by the word "authorized".



115. In § 31 para. 2 and 3, the word "Department" shall be replaced by

"The Office".



116. In § 31 para. 4, the word "Department" shall be replaced by "the Office" and

the word "Ministry" shall be replaced by the word "Authority".



117. section 31a is including the title.



118. the heading above paragraph 31b: "checking the activities of the Office".



119. In paragraph 31b para. 1 the words "the Financial Analytical Unit"

shall be replaced by the word "Authority".



120. In paragraph 31b para. 3, the word "Ministry" is replaced by "Director of the

The Office ".



121. In section 31 c of paragraph 1. 1 and 2, the word "Department" shall be replaced by

"The Office" and the words "the activities of the Financial Analytical Unit" shall be replaced by

the words "of its activities".



122. In section 31 c of paragraph 1. 3 the words "the case, which has not been completed

the investigation conducted under this Act, and the case passed according to § 32,

If such information could compromise ongoing investigations "shall be replaced by

"neukončeném investigation conducted under this Act, or of the investigation

conducted on the basis of § 30 paragraph 2. 6 or submitted pursuant to section 32, if

such information could compromise the activities of law enforcement authority, or

the intelligence services ".



123. In section 31 c of paragraph 1. 4, the word "Ministry" is replaced by "Authority".



124. In section 31 c of paragraph 1. 5, the words "the Financial Analytical Unit"

shall be replaced by the word "Authority".



125. In § 32 para. 1, the word "Department" shall be replaced by "the Office".



126. In § 32 para. 2, the word "Department" shall be replaced by "the Office",

the word "activities" with the words "the police of the Czech Republic", the words

"Customs authorities" shall be replaced by the words "authorities of the customs administration of the Czech

of the Republic ", after the word" findings "are inserted after the words" police of the Czech

of the Republic "and the words" or if applied under paragraph 1 "

shall be deleted.



127. In paragraph 32, the following paragraph 3 is added:



"(3) if the Office finds the facts important for the protection of significant

economic or financial interest of the United States or the European Union,

provide information about it to the competent institution, unless the provision of such

information contrary to the purpose of this Act. In doing so, shall apply the protection

the legitimate interests of other persons according to § 39 para. 4. ".



128. In § 33 para. 1 and 2, the word "Department" shall be replaced by

"The Office".



129. In § 34 paragraph 1. 1, the word "Department" shall be replaced by "the Office",

the word "party" is replaced by "financial institutions" and for text

"§ 2 (2). 1 "is added after the text" (c). (b)) ".



130. In § 34 paragraph 1. 2 (a). (b)), section 34 para. 4 and in section 34 para. 8 start

part of the provisions, the word "Department" shall be replaced by the word "authority".



131. In § 34 paragraph 1. 5, the word "Department" shall be replaced by "the Office".



132. In § 34 paragraph 1. 7, the word "Ministry" is replaced by "Authority".



133. In § 34 paragraph 1. 9, the word "Dithering" is replaced by the word "Appeal".



134. In § 35 para. 1 the introductory part, the words ' the provisions of the Ministry,

that "shall be replaced by" Office ".



135. In § 35 para. 1 (b). (c)), the text "(c). (j)) and to) "is replaced by the text

"(b). I) and (j)) ".



136. In § 35 para. 2, the word "Department" shall be replaced by "the Office" and

the words "of the European communities, setting out the obligation to accompany

transfers of funds information on the payer "shall be replaced by

"The European Union relating to the information accompanying the non-cash

transfers of funds ".



137. In § 35 para. 3, the word "Department" shall be replaced by "the Office".



138. In § 35 para. 4, the word "Ministry" is replaced by "Authority".



139. In § 35 para. 5 and § 36, the word "Department" shall be replaced by

"The Office".



140. In paragraph 35, the following paragraph 6 is added:



"(6) the supervisory authority referred to in paragraph 1 (b). a) to (c)) applicable in the

administrative supervision according to this law its supervisory permission

According to the legislation governing its scope. "



141. In § 36 odst. 2, the word "Department" shall be replaced by "the Office".



142. In § 37 para. 2 the term "Ministry" is replaced by "the Office" and

the word "Ministry" shall be replaced by the word "authority".



143. In § 38 paragraph 1(a). 1 the term "Ministry" is replaced by "the Office"

the word "Department" shall be replaced by "the Office", the word "Ministry"

shall be replaced by "the Office" and the text "section 24" is added after the text "paragraph. 1. "



144. In § 38 paragraph 1(a). 2 the term "Ministry" is replaced by "Authority".



145. In § 39 para. 1 to the beginning of the letter d), the words "Police

The United States, ".



146. In § 39 para. 1 (b). (h)), the word "Department" shall be replaced by

"The Office".



147. In § 39 para. 1 (b). (j)), the word "notification" shall be replaced by

"communication" and the word "Ministry" shall be replaced by the word "Authority".



148. In § 39 para. 2 (a). a), (b)), and (c)), the words "of the European

the Community ' shall be replaced by the words "European Union".



149. In paragraph 39, the following paragraph 4 is added:



"(4) the exceptions referred to in paragraph 1 (b). (c)) and m)



and) applies only to the extent necessary depending on the purpose of the provided

information, in particular with regard to the protection of information about notifiers

suspicious trades,



(b)) does not apply if the disclosure of the information could frustrate or

compromise the ongoing investigation of the suspected business or criminal proceedings,

or where disclosure of the information would be clearly disproportionate

the legitimate interests of the person to whom the information relates or the purpose for which

the application was made. ".



150. In section 40 para. 1, after the words "section of the" the words "with the exception of §

paragraph 39. 1 (b). (e)) ".



151. In paragraph 2 of section 40. 2, the text "section 39" is inserted the text "paragraph. 1 (b). (e)) and ".



152. In § 41 para. 6, the word "Department" shall be replaced by the word "authority".



153. In § 42 para. 3, the word "Ministry" is replaced by "Authority".



154. In § 43 para. 1 the term "Ministry" is replaced by "the Office"

the word "Department" shall be replaced by "the Office" and the words "set out in"

shall be replaced by the word "by".



155. In § 44 para. 1 letter c) is added:



"(c) breach of the prohibition of trade to take place), or enter into business relationship pursuant to §

15, or ".



156. section 45 including the title reads as follows:



"§ 45



Failure to comply with information obligations



(1) a mandatory person committing an administrative offense, by



and fails to comply with information requirements under) § 24 para. 1 or § 24a para. 4,



(b)) does not pass the relevant information to its branch or subsidiary

under section 24a of para. 1,



(c) fails to take appropriate additional measures) to the effective management of risks


abuse under § 24a para. 1, or



d) contrary to section 24a of para. 3 does not ensure compliance with the regulations of another

the Member State in the field of combating the legalization of proceeds of crime

the activities and the financing of terrorism by its branch or permanent establishment

active in that other Member State.



(2) for the administrative offence referred to in paragraph 1 shall be fined up to 10 000 000

CZK. ".



157. In § 46 para. 1 the words "Ministry of trade" shall be replaced by

the words "the Office of the trade according to § 18 para. 1. "



158. In § 47 para. 2 the term "Ministry" is replaced by "Authority".



159. In § 48 para. 2 the term "Ministry" is replaced by "the Office" and

After the words "pursuant to § 21 para. 6 "with the words" does not remove the

the prescribed period shortcomings ".



160. In section 48 paragraph 3 reads:



"(3) a person who is Required under section 21a, para. 2 to

draw up a written risk assessment, committing an administrative offense by

that



and does the risk assessment) in the specified range or set

the time limit, or



(b)) does not update regularly risk assessment. ".



161. In paragraph 48, in paragraph 3, the following paragraph 4 is added:



"(4) a mandatory person is guilty of an administrative offense, by



and) contrary to section 21 para. 1 does not boot or the corresponding

the policies and procedures of internal control and communication to mitigate and

manage effectively the risks of legalization of proceeds of crime and

terrorist financing identified in the risk assessment and to populate the

other obligations laid down in this Act, or



(b) does not provide training of staff) under section 23. ".



Paragraphs 4 to 7 shall become paragraphs 5 through 8.



162. In § 48 para. 5 after the word "Credit" the words "or

financial ".



163. In § 48 para. 8, the words "paragraphs 4 or 5" shall be replaced by

"paragraphs 4 to 6".



164. In § 49 paragraph 1. 1 the introductory part, the words ' the provisions of the European

the community, which specifies the content of the information accompanying such

transfers "are replaced by the words" of the European Union relating to the information

accompanying credit transfers of funds ".



165. In § 49 paragraph 1. 1 (b). a) to (d)), after the words "the payer" the words

"and the consumer."



166. in paragraph 51, the following new section 51a is inserted:



"§ 51a



(1) for the administrative offence mandatory of the person under section 43 to 49, the administrative authority

referred to in § 35 para. 1 taking into account the nature and gravity, as well as to

circumstances committed administrative offense, also a penalty save

publication of the decision of an administrative offense.



(2) the publication of the decision on Administrative Penalty of the offence is

publication of final decision on the part of an administrative offence on

the website of the Office for a period of 5 years.



(3) the publication of the decision on Administrative Penalty of the offence cannot be saved if

It is considered that the



and its imposition was) clearly disproportionate to the nature and severity of the

committed the administrative offence, or



(b)) would result in a threat to the stability of the financial markets.



(4) the content of the publication of the decision of an administrative offense shall not be

data allowing identification of the persons, other than the perpetrator ".



167. In § 52 paragraph 5 is added:



"(5) administrative offences under this Act, with the exception of administrative offences

pursuant to § 50, hears the authority referred to in section 35 para. 1 violations of the

the law found. ".



168. In section 52, paragraph 6 shall be deleted.



Paragraphs 7 to 9 shall be renumbered 6 to 8.



169. In § 52 para. 7, the first sentence shall be deleted and the end of the paragraph,

added the sentence "If the administrative offence being heard by the Czech National Bank,

is income from income to pay the costs of the Czech National Bank; on

income from reimbursement of the costs of the proceedings conducted by the Czech National Bank

This Act shall for the purposes of their collection and recovery seen as

public budget resources. ".



170. under section 52 shall be added to § 52a is inserted:



"§ 52a



(1) the Office shall keep the register initiated and completed administrative proceedings

offences under section 43 to 49 (hereinafter referred to as "the register").



(2) the competent supervisory authority, which initiated the proceedings on administrative tort

under section 43 to 49, shall inform the Office for the purpose of registration in a register of the following

details:



and start date) administrative offense,



(b)) the identification of the suspect from the administrative offense,



(c) the designation of the administrative offense) legal,



(d) a description of the deed), which is considered an administrative offense, and



(e) the designation of the authority), who leads the proceedings of an administrative offense.



(3) after the final conclusion of the proceedings of an administrative offence under section 43 to 49

the competent authority shall inform the Supervisory Authority for the purpose of registration in the register of the indication of the

termination and shall send a copy of the final

the decision of an administrative offense.



(4) the Registration is conducted electronically. Data from the register, the authority

the supervisory authority referred to in section 35 para. 1 for the performance of tasks arising

from the scope of its activities on request or in a manner allowing remote

access.



(5) the Office continuously monitors individually on the administrative management-led

offences under section 43 to 49 and upon request of the supervisory authorities shall inform the

previous procedures conducted with the same body and procedures with similar

subject. ".



171. In § 54 para. 3, the second sentence shall be deleted.



172. In paragraph 54, paragraph 3, the following paragraph 4 is added:



"(4) If a payment Is divided into several separate transactions, the value of the

trade or payments to their sum, if the performance of the

related. ".



Paragraphs 4 and 5 shall be renumbered as paragraphs 5 and 6.



173. In paragraph 54, the following paragraphs 7 to 10, including the notes below

# 39 the following line:



"(7) the contract of lump-sum deposit account, the insurance contract and the provision of

payment services through electronic money or public

mobile networks for the purposes of this Act, whenever the business relation.



(8) the obligations and restrictions related to politically exposed persons

apply the obliged entity at least for a period of 12 months from the date on which the

politically exposed person ceased to perform the function; always

However, until the obliged entity on the basis of the risk assessment for the excluded

client-specific risk for politically exposed persons. During this time,

is in the same range applies also to the client, whose actual

the owner is a politically exposed person, and in respect of which it is mandatory

a person known to be acting in favor of politically exposed persons.



(9) the provisions applicable to the client shall apply mutatis mutandis to

a person acting on behalf of the client.



(10) the rules of the law on the protection of personal data on the activities carried out by

obliged entities under this Act shall apply to the extent of the obligations

When processing personal data manager for the purpose of the prevention,

Search and detection of crime and prosecution of criminal offences ^ 39).



39) § 3 (1). 6 (a). d) of Act No. 101/2000 Sb. ".



174. In § 55 para. 2 and 3, the word "Department" shall be replaced by

"The Office".



175. In § 55 paragraph 4 is added:



"(4) the staff of the Office shall exercise the activities under this Act

demonstrate professional certificate, a specimen of which shall issue a decree the Ministry of

finances. ".



176. section 56, including the title.



177. The existing annex shall become Annex No 1 and the following

Appendix 2 is added:



"Appendix No. 2 to the law no 253/2008 Sb.



Non-exhaustive list of potential higher risk factors under section 21a, para. 1

and section 30a para. 2



1. The risk factors of the client:



and a business relationship is being implemented), under unusual circumstances,



(b)), the client is established in geographical areas with a higher risk, as

laid down in point 3,



(c)) any legal person, trust or other legal arrangement without

legal personality is a personal tool of the repossession of assets,



(d)), the client is a business corporations, which can cause the credentials of the shareholders

or shareholders or that issues shares in bearer form,



e) client when his business to a large extent takes advantage of

cash, or



f) ownership structure of client seems unusual or too complex

due to the nature of its business activities.



2. Factors relating to the products, services, or distribution transactions

channels:



and) use the services, private banking



(b)) the use of products or transactions which may assist

anonymous,



c) accounts or transactions without personal presence of the client or

for him, acting on natural persons and without certain security measures,

such as electronic signatures,



d) incoming payments from unknown or unrelated third parties, or



(e)), new products and new business practices, including new distribution

systems, and the use of new or developing technologies for new

or existing products.



3. Factors of the geographical risk:



and) countries that were European Union institutions or international

institutions, dealing with measures against the legalization of proceeds from

crime, terrorist financing or proliferation of weapons of mass

destruction marked as countries that do not have effective systems for combating

money laundering and the financing of terrorism, or is involved in the illegal

the proliferation of weapons of mass destruction,



(b)) of the country, which have been marked as credible resources in countries with

significant levels of corruption or other criminal activities,




(c)) of the country, which were imposed sanctions, embargoes or similar restrictive

the measures imposed, for example, the European Union or by the United

Nations, or



(d)) of the country, which provide financial resources or support for

terrorist activity or where the identified

the terrorist organization. ".



Article II



Transitional provisions



1. the person referred to in section 2 (2). 1 (b). a) to (d)), and (h)) Law No.

253/2008 Coll., in the version in force from the date of entry into force of this Act,

ensure that its governing body approves in accordance with § 21 para. 2 of the Act

No 253/2008 Coll., in the version in force from the date of entry into force of this

the Act, written risk assessment prepared under section 21a of the law No.

253/2008 Coll., in the version in force from the date of entry into force of this Act,

not later than 6 months from the date of entry into force of this Act.



2. the risk assessment referred to in point 1 shall deliver a credit institution, a credit

institutions, electronic money institutions, financial institutions referred to in

§ 2 (2). 1 (b). (b)) and 11 of the Act No. 253/2008 Coll., in the version in force

from the date of entry into force of this Act, and required the person referred to in section 2 of the

paragraph. 1 (b). c) of Act No. 253/2008 Coll., in the version in force from the date of

entry into force of this Act, the tax authority within 30 days of restricted

from the date of its approval under point 1. Required the person referred to in section 2 (2).

1 (b). (b)) points 1 to 4 of Act No. 253/2008 Coll., in the version in force from

the effective date of this Act, has the duty to the United

the National Bank.



3. The proceedings and procedures before the date of entry into force of this Act

the Ministry of Finance has not been terminated, completes the Financial Analysis Office

pursuant to Act No. 253/2008 Coll., in the version in force prior to the date of acquisition

the effectiveness of this Act.



4. Exercise of the rights and obligations of labor relations with employees

The United States entered in the Financial Analytical Department of the Ministry of

Finance passes the effective date of this Act to the financial

the analytical Office.



5. A public employee in the staff ratio pursuant to Act No. 234/2014 Sb.

the civil service, as amended, that is, at the date of acquisition

the effectiveness of this law placed on staff in the financial

the Analytical Department of the Finance Ministry, is from the date of entry into force of

of this Act, a civil servant in the staff ratio in

The financial analysis of the authority; the Director of the financial analytic authority to

10 working days from the date of entry into force of this law, shall decide on the

the inclusion of a civil servant on duty station; pay grade

State employee does not change.



6. A public employee in the staff ratio pursuant to Act No. 234/2014 Sb.

that is the date of entry into force of this Act, appointed to the staff

the site is presented in the Financial Analytical Department of the Ministry of

Finance, is from the date of entry into force of this Act, a civil servant

and introduced in the staff introductions to staff ratio

presented in the financial analysis of the authority; the Director of the financial

the analytical Office within 10 working days from the date of entry into force of this

the law will decide on the appointment of a civil servant on duty station

It is presented; pay grade civil servant does not change.



7. A public employee in the staff ratio pursuant to Act No. 234/2014 Sb.

that is the date of entry into force of this Act, appointed to the staff

Director of Financial Analytical Department of the Ministry of finance, is

from the date of entry into force of this Act, the Director of the financial

the analytical Office; pay grade civil servant does not change.

State employee referred to in the first sentence may perform service on

the staff Director of Financial Analytical Office, up to

until this business instead of a busy signal on the basis of a sample

proceedings, which will announce the State Secretary in the Ministry of finance to 6

months from the date of entry into force of this Act; the provisions of § 186 paragraph. 4

the second sentence of the Act No. 234/2014 Coll., as amended,

apply, mutatis mutandis.



8. jurisdiction to manage the property of the United States, including the rights and

other assets, under which it is appropriate to manage

The Ministry of finance to the extent necessary for the operation of the financial

the Analytical Department of the Ministry of finance, the date of application

the effectiveness of this law on the Office of Financial analysis.



9. The Payables and receivables of the State, as well as the rights and obligations arising from the

other legislation related to the Financial Analytical

the Ministry of finance, the Department and carries out from the date of entry into force of

of this Act, the Office of Financial analysis.



10. a legal person registered in the commercial register shall be notified within 1 year

from the date of entry into force of this Act, the Court of rejstříkovému the data on

the actual owner pursuant to section 118e law No 304/2013 Coll., on public

registers of legal entities and natural persons, in the version in force from the date of

entry into force of this Act. The rest of the registered legal person shall notify the

information about the actual owner pursuant to section 118f law No 304/2013 Coll. in

the version in force from the date of entry into force of this Act, within 3 years from the date of

entry into force of this Act.



PART TWO



Amendment of the Act on the implementation of international sanctions



Article. (III)



Law No. 69/2006 Coll., on the implementation of international sanctions, as amended by law

No. 227/2009 Coll., Act No. 281/2009 Coll., Act No. 139/2011 Coll., Act

No 167/2012 Coll., Act No. 399/2012 Coll. and Act No. 377/2015 Sb,

be amended as follows:



1. in § 9 para. 1 the introductory part, the words ' the provisions of the Ministry of finance

(hereinafter referred to as "the Ministry") ' shall be replaced by "Office of Financial analysis

(hereinafter referred to as ' the authority '). "



2. § 9 para. 2, the word "Department" shall be replaced by "the Office", the word

"may" is replaced by the word "could" and the word "Ministry" is replaced by

the word "authority".



3. In section 10, paragraph 1. 1 and section 11 (1) 2 the term "Ministry" is replaced by

the word "Authority".



4. In article 11 (1) 3, the word "Department" shall be replaced by "the Office" and

the words "Department of the Ministry will issue a" are replaced by the words "authority to issue

The Office ".



5. In article 11 (1) 5 of the introductory part of the provisions, section 12 paragraph 1. 1 introductory part

provisions and in section 12 paragraph 1. 2, the word "Department" shall be replaced by

"The Office".



6. In the title of § 12, the word "Ministry" is replaced by "Authority".



7. § 12 para. 1 (b). h) point 2 and § 12 para. 6 the word

"Ministry" is replaced by "Authority".



8. § 12 para. 3, the word "Dithering" is replaced by the word "Appeal" and

the word "Decay" shall be replaced by the word "Appeal".



9. in section 12 paragraph 1. 4, the word "dithering" is replaced by the word "appeal" and

the word "decay" shall be replaced by the word "appeal".



10. in § 12 para. 7, the word "Department" shall be replaced by "the Office",

the word "Ministry" shall be replaced by the words "the Office" and the word

"the Ministry" shall be replaced by the word "Authority".



11. in § 12 para. 8 and § 13 para. 3 and 8, the word "Ministry"

replaced by the word "authority".



12. In § 13 para. 1, the word "Department" shall be replaced by "the Office" and

the words "the Ministry authorized" are replaced by the words "the authority entitled to".



13. in § 13 para. 4 and 7, the word "Department" shall be replaced by "the Office".



14. in § 13 para. 5, the word "Department" shall be replaced by "the Office" and

the words "the Ministry is not entitled to" shall be replaced by "Office of the

in doing so, is not entitled to ".



15. In § 13 para. 9, the word "Ministry" is replaced by "the Office" and

the word "Ministry" shall be replaced by the word "authority".



16. in § 13 para. 10, the word "Ministry" is replaced by "the Office" and

the word "Ministry" shall be replaced by the word "authority".



17. in § 14 para. 1 the words "Ministry is to fulfill the purpose of this

the law entitled "are replaced by the words" the Office is to fulfill the purpose of this

the law authorized ".



18. in § 14 para. 2 the term "Ministry" is replaced by "the Office" and

the word "Ministry" shall be replaced by the word "authority".



19. in § 14 para. 3 of the introductory part of the provisions, the word "Ministry"

replaced by the word "Authority".



20. in § 14 para. 4, the word "Ministry" is replaced by "Authority".



21. in § 14 para. 5, 6 and 8, the word "Department" shall be replaced by

"The Office".



22. in § 14 para. 7, the words "the Ministry is authorised to" shall be replaced by

"The Office is entitled to", the words "entitled to associate" shall be replaced by

"shall be entitled to bring together" and the word "Ministry" shall be replaced by the word "authority".



23. in § 14 para. 9, the word "Department" shall be replaced by "the Office" and

the word "Ministry" shall be replaced by the word "authority".



24. in article 15, paragraph 2. 1, the word "Department" shall be replaced by "the Office" and

the word "Ministry" shall be replaced by the word "Authority".



25. In section 16(1). 1 the term "Ministry" is replaced by "the Office" and

the word "Ministry" shall be replaced by the word "Authority".



26. in section 16(1). 4 and in section 20 (2). 6, the word "Department" shall be replaced

the word "authority".



27. in § 20 paragraph 7 is added:



"(7) of the fine and costs shall be payable within 30 days from the date of

legal force of the decision. Revenue from fines and refunds the costs

the State budget revenue. ".



28. in paragraph 20, paragraph 8 shall be deleted.



29. in paragraph 22 of the paragraph. 2 the term "Ministry" is replaced by "Authority".



30. in paragraph 1 of article 23. 2, after the word "Ministry" is inserted after the word "Finance".



PART THREE



Amendment of the Act on public registers of legal entities and natural persons



Article IV




In part three of the Act No 304/2013 Coll. on public registers

legal and physical entities, the following new part four, including

title and footnotes # 17 to 19 is added:



"PART FOUR



REGISTRATION INFORMATION ABOUT BENEFICIAL OWNERSHIP



section 118b



(1) there is hereby established the register data on the beneficial owner of a legal person

registered in the public register under this Act, and the Trust Fund

registered in the register of trust funds under this Act, which

means the beneficial owner according to the Act on certain measures against the

the legalization of proceeds from crime and financing of terrorism (hereinafter referred to as

"evidence of beneficial owners").



(2) the Evidence of beneficial owners is a public information system

Administration.



(3) records of beneficial owners is kept in electronic form.

Records of beneficial owners leads the commercial court.



§ 118c



Records of beneficial owners is not a public registry. The provisions of sections

first to fourth on the records of beneficial owners, and information about the actual

the owner shall not apply, unless the context otherwise requires.



section 118 d



Information on the beneficial owner runs registration Court for each registered

legal entity and each registered trust fund in a special insert

According to § 2 (2). 1.



section 118e



(1) an application for registration of the information on the beneficial owner, its modification or deletion

(hereinafter referred to as "registration data on the beneficial owner") may submit a person

It is under this or another act may submit an application for entry into the

the public register; § 11 (1) 3 does not apply.



(2) an application for registration of the information on the beneficial owner shall be made without

undue delay after the formation of the operative event.



(3) an application for registration of the information on the beneficial owner may be made only on the

the form. The provisions of § 19, 22 to 24 shall apply mutatis mutandis.



(4) the Ministry of Justice shall issue a decree requirements form

for application for registration of the information on the beneficial owner. Form The Ministry Of

Justice at the same time publish a manner allowing remote access.



section 118f



In the register of beneficial owners is on the beneficial owner writes



and) name and address the place of stay, where appropriate, place of residence, if different from the

the address of the place of stay



(b)) date of birth and social security number, if assigned,



c) nationality and



d) an indication of the



1. the share of the voting rights determined by the position of the actual

the owner of the direct participation in the legal entity,



2. the share of the distributed resources, determined by the position of the

the beneficial owner that is the recipient, or



3. a different reality, where the position of the beneficial owner established

otherwise.



§ 118g



(1) the information on the beneficial owner are not provided along with a copy of the minutes of

public register pursuant to § 3-5 or neuveřejňují.



(2) Listing data from the records of beneficial owners may obtain the written

person. Extract the data from the records of beneficial owners may, in the scope of the data

about the name, State of residence, year and month of birth of the beneficial owner and

information pursuant to section 118f (b). (c)), and (d)), you may receive the one who demonstrated an interest in the

the context of the prevention of offences of handling stolen goods, handling stolen goods

negligence, the legalization of the proceeds of crime, money laundering

crime of negligence and criminal offences and their source

the crime of terrorist attack under section 311 paragraph 2. alinea 2 of the third

of the criminal code. The extract from the register of beneficial owners is § 3 and 4

shall apply mutatis mutandis.



(3) the Ministry of Justice will allow remote access to the data on the

beneficial owner



and) Court in court proceedings,



(b)) law enforcement authorities for the purpose of criminal proceedings, and

the public prosecutor also for performance purposes other than criminal

the scope of the,



(c) tax, fee) or other similar financial for

the purpose of the performance of their management,



(d)) for the purpose of intelligence functions under the law, which

regulates the activities of the intelligence services,



(e) the financial analytical Office) of the Czech National Bank and other institutions

in the exercise of activities in accordance with the Act on certain measures against the

the legalization of the proceeds of crime and terrorist financing or

the law on the implementation of international sanctions in order to maintain

international peace and security, the protection of fundamental human rights and

the fight against terrorism,



(f)), the Czech National Bank in exercising supervision over the persons acting on

the financial market and in the exercise of activities in accordance with the law on health

and resolution on the financial market,



(g)), the National Security Bureau, the Ministry of Interior or

the intelligence service for the purpose of safety management according to the law, which

governs the protection of classified information and security requirements,



(h)) the Supreme authority for the purposes of the exercise of its competence under the

other legislation



I) mandatory according to the law the person on certain measures against the legalization of

the proceeds of crime and the financing of terrorism in connection with the

the implementation of the identification and control of a client,



j) public financial support under the law on financial

control ^ 17),



k) the managing authority, intermediate body, the certification authority and

the audit authority for the purposes of the exercise of their competence under the regulation

The European Parliament and of the Council (EU) No 1303/^ 18),



l) the paying agency and the certification body for the purposes of the performance of their

scope of regulation of the European Parliament and of the Council (EU) No.

1306/^ 19),



m), which provided for under other law.



(4) the Ministry of Justice will allow the access referred to in paragraph 3, if the

an identifiable identity of specific individuals to the data on the

beneficial owner are accessed. How to access information about the actual

the owner establishes the Ministry of Justice Decree.



(5) For access in accordance with paragraph 3 (b). I) and m) belongs to the replacement

costs. The amount of this compensation cannot exceed the value actually

incurred costs associated with the operation and application updates

allowing access under the first sentence. The amount of the reimbursement of costs and content

the responsibilities associated with the approach under the first sentence sets out the Ministry of

Justice by Decree.



§ 118h



(1) the information on the beneficial owner entered in the register of the commercial court

the actual owners, without issuing a decision based only on the

the application for registration of the information on the beneficial owner.



(2) the application for registration of the information on the beneficial owner is the regional

the Court, in whose district the ordinary court of the person to whom the registration relates.

The provisions of sections 75 and 76 shall apply mutatis mutandis.



(3) the Court shall not be registered information on the beneficial owner in the register

beneficial owners, if the application for registration of the information on the beneficial owner



and) has been made by a person not authorised,



(b)) was not made in the prescribed manner,



(c)) does not contain all the prescribed formalities,



d) is unintelligible or indeterminate,



(e)) was not filed with the papers, which are to be in accordance with this or another

the law, supported by information on the beneficial owner.



(4) if the information on the beneficial owner entered in the register

beneficial owners in accordance with paragraph 3, it sends about the Court in

a period of 3 working days from the date of receipt of the application for registration of data on

the actual owner of the notification to the person who made the proposal, and indicate the reasons

the non-implementation of the registration, including the lessons learned, how can weaknesses

delete.



(5) the provisions of section 87 and section 95 para. 1 shall apply mutatis mutandis. Error in writing and

in numbers, as well as the other obvious inaccuracies in the register shall correct the President

the Senate at any time even without a motion, without issuing a decision.



(6) if the Court writes the data on the beneficial owner, that have

the substrate in the notarial registration, examining only whether notarial

writing meets the requirements on it by another law.



(7) unless otherwise provided for in this section shall apply to the proceedings on the application

to write data on the beneficial owner of the provisions of the law governing

civil proceedings.



section 118i



(1) the information on the beneficial owner entered in the register of the commercial court

beneficial owners within 5 working days from the day on which it was received by the

write the information on the beneficial owner. Nevertheless, where a court fee from a design

paid up after the proposal went to the Court, or if there has been a change in the design,

According to the first sentence, the period runs from the date of payment of the fee or

from the day when the Court reached an amended proposal rejstříkovému.



(2) the registration Court shall register the information on the beneficial owner to the

evidence of the actual owners of the date referred to in the proposal, however, the first

the date of transposition.



section 118j



The notary shall register the information on the beneficial owner in the register of the real

If the owners are fulfilled pursuant to § 108. The provisions of §

110, 112, 113 and 116 to write data on the beneficial owner in the register

beneficial owners by a notary public shall apply mutatis mutandis.



17) Act No. 320/2001 Coll., on financial control in the public administration and the

amendments to certain acts (the Act on financial control), as amended

regulations.



18) European Parliament and Council Regulation (EU) No 1303/2013 of 17 May.

December 2013 (CPR) on the European Fund for

Regional Development Fund, the European Social Fund, the Cohesion Fund,


The European agricultural fund for rural development and the European maritime and

Fisheries Fund, laying down general provisions on the European Fund for

Regional Development Fund, the European Social Fund, the Cohesion Fund and

The European maritime and Fisheries Fund and repealing Council Regulation (EC) No.

1083/2006, as amended.



19) European Parliament and Council Regulation (EU) no 1306/2013 of 17 May.

December 2013 for funding, managing and monitoring the common agricultural

policy and repealing Council Regulation (EEC) no 352/78, (EEC) No 165/94,

(EC) No 2799/98, (EC) no 814/2000, (EC) No 1290/2005 and (EC) No.

485/2008, as amended. ".



The fourth part is referred to as part of the fifth.



PART FOUR



Amendment of the Act on banks



Article. In



In § 38 paragraph 1(a). 3 (b). e) of Act No. 21/1992 Coll., on banks, as amended by

Act No. 293/1993 Coll., Act No. 84/1995 Coll., Act No. 61/1996 Coll.,

Act No. 306/1997 Coll., Act No. 125/1998 Coll., Act No. 167/1998 Coll.,

Act No 120/2001 Coll., Act No. 320/2001 Coll., Act No. 126/2002 Coll.

law no 453/2003 Coll., Act No. 413/2005 Coll., Act No. 57/2006 Coll.

Act No. 62/2006 Coll., Act No. 70/2006 Coll., Act No. 159/2006 Coll.

Act No. 189/2006 Coll., Act No. 120/2007 Coll., Act No. 216/2008 Coll.,

Act No. 254/2008 Coll., Act No. 281/2009 Coll., Act No. 285/2009 Coll.,

Act No. 156/2010 Coll., Act No. 73/2007 Coll., Act No. 254/2009 Coll., and

Act No. 135/2014 Sb., the words "Department of finance" shall be replaced by

"Financial Analytics authority".



PART FIVE



Changing the tax code



Čl.VI



In § 53 para. 1 (b). and) Act No. 280/2009 Coll., the tax code, as amended by

legal measures the Senate no 344/2013 Coll., the words "Ministry of

the Treasury "is replaced by" Financial analytic Office. "



PART SIX



Amendment of the Act on free access to information



Article. (VII)



In section 11 (1) 4 (b). e) of Act No. 106/1999 Coll., on free access to

information, as amended by Act No. 155/2000 Coll., Act No. 61/2006 Coll.

Act No. 254/2008 Coll., Act No. 123/2010 Coll. and Act No. 181/2014

Coll., the words "Department of finance" shall be replaced by "of the financial

the analytical Office ".



PART SEVEN



Amendment of the Act on information systems of public administration



Article. (VIII)



In section 3, paragraph 3. 3 (b). f) of Act No. 365/2000 Coll., on information systems

public administration and on the amendments to certain other laws, as amended by Act No.

413/2005 Coll., Act No. 70/2006 Coll., Act No. 81/2006 Coll. and Act No.

18/2012 Coll., the words "Ministry of finance" shall be replaced by

"Financial analytics authority".



PART EIGHT



Amendment of the Act on the treatment of rough diamonds, on the conditions of their

import, export and transit



Article. (IX)



In section 6 (1). 4 (b). c) of Act No. 440/2003 Coll. on the management of rough

diamonds, on the conditions of their import, export and transit and amending

certain acts, as amended by law No 60/2005 Coll., Act No. 70/2006 Sb.

and Act No. 18/2009 Coll., the words "the relevant organizational folder

The Ministry of finance "shall be replaced by" Financial analytic Office. "



PART NINE



Amendment of the Act on investment companies and investment funds



Article. X



In section (b), 640. f) of Act No. 240/2013 Coll. on investment companies and

investment funds, the words "Ministry of finance" shall be replaced by

"Financial Analytics authority".



PART TEN



Amendment of the Act on insurance



Article. XI



In section 128 of Act No. 277/2009 Coll., on insurance, the following paragraph 7 is added:



"(7) a violation of the confidentiality obligations is not whether or not the performance

obligations towards Financial Analytical Office of law

provides for certain measures against the legalization of proceeds of crime

the activities and the financing of terrorism ^ 35) or from the law on the implementation of the

international sanctions ^ 36) and to the Ministry of finance, in respect of the implementation

obligations arising from this Act, for the purposes of the analysis of the financial

market and the preparation of legislation in the field of the financial market. "



PART ELEVEN



Amendment of the law on court fees



Article. (XII)



Act No. 553/1991 Coll. on court fees, as amended by Act No.

271/1992 Coll., Act No. 273/1994 Coll., Act No. 36/1995 Coll., Act No.

118/1995 Coll., Act No. 160/1995 Coll., Act No. 151/1997 Coll., Act No.

209/1997 Coll., Act No. 227/1997 Coll., Act No. 101/2000 Coll., Act No.

155/2000 Coll., Act No. 242/2000 Coll., Act No. 257/2000 Coll., Act No.

452/2001 Coll., Act No. 151/2002 Coll., Act No. 192/2003 Coll., Act No.

555/2004 Coll., Act No. 628/2004 Coll., Act No. 361/2005 Coll., Act No.

72/2006 Coll., Act No. 112/2006 Coll., Act No. 115/2006 Coll., Act No.

159/2006 Coll., Act No. 189/2006 Coll., Act No. 296/2007 Coll., Act No.

123/2008 Coll., Act No. 216/2008 Coll., Act No. 7/2009 Coll., Act No.

217/2009 Coll., Act No. 281/2009 Coll., Act No. 427/2010 Coll., Act No.

218/2007 Coll., Act No. 303/2007 Coll., Act No. 457/2011 Coll., Act No.

458/2011 Coll., Act No. 19/2009 Coll., Act No. 202/2009 Coll., Act No.

396/2009 Coll., Act No. 404/2012 Coll., Act No. 45/2013 Coll., Act No.

167/2013 Coll., Act No. 293/2013 Coll., Act No. 335/2014 Coll., Act No.

87/2015 Coll., Act No. 161/2016 Coll. and Act No. 258/2016 Coll., is amended

as follows:



1. in article 11, the following paragraph 9 is added:



"(9) to benefit from the fee are hereinafter the Act Court of registration

information on the beneficial owner in the register information on the beneficial owner according to the

§ 118h of the Act on public registers of legal entities and natural persons

in the case of



and actual) write to the owner of a legal person

not recorded in the commercial register, or amendments thereto,



(b) information concerning the actual) write to the owner of the Trust Fund or its changes,

or



(c)), pursuant to section 118f to write data (a). (d)) of the Act on public registers

legal and physical entities or changes. ".



2. in article 16, the following new section 16b, which reads as follows:



"section 16b



For the purposes of this Act for the public register and records

information on the beneficial owner. ".



3. In the annex, under Item 24 24a, the following item is added:

"Entry 24a



For the registration of data on the beneficial owner under section 118f

the Act on public registers of legal entities and natural persons is $100. ".



Article. XIII



Transitional provision



People registered in the public register referred to in law No 304/Coll.

the public registers of legal and physical persons, as amended

regulations, in the version in force before the date of entry into force of this Act,

shall be exempt from the registration fee data on the beneficial owner for 1

year from the date of entry into force of this Act.



PART TWELVE



Amendment of the Act on public procurement



Article. XIV



Act No. 134/2016 Coll., on public procurement, shall be amended as follows:



1. In § 41 para. 8, the words "§ 122 para. 5 "shall be replaced by the words" § 122 para.

7. "



2. In article 104, paragraph 2 shall be deleted and shall be deleted at the same time, paragraph

1.



3. In § 122 para. 3 at the end of the text of subparagraph (a)) following the word "and".



4. In § 122 para. 3 (b). (b)), the words "paragraph. 1, and "shall be replaced by a period.



5. In § 122 para. 3 (c)) and the sting in the tail of the paragraph after the semicolon

shall be deleted.



6. In paragraph 122, the following new paragraph 3, paragraphs 4 and 5 are added:



"(4) for the selected supplier is a legal person, the contracting authority

information about the beneficial owner according to the Act on certain measures

against the legalization of proceeds from crime and financing of terrorism

(hereinafter referred to as "true owner") from register data on the beneficial ownership

under the law governing public registers of legal entities and natural

persons. Any contracting authority shall specify in the contract documentation.

For these purposes, the Ministry of Justice will allow the sponsor of remote

access to information on the beneficial owner according to the law governing public

registers of legal entities and natural persons; for the purposes of the exercise of supervision pursuant to

part of the thirteenth title II will allow for such an approach, the Ministry of

Justice also the Office for protection of competition.



(5) If you cannot find the information on the beneficial owner according to the procedure referred to in paragraph

4, the contracting authority in the invitation referred to in paragraph 3 shall invite the selected vendor

also to the production of an extract from the register similar records of data on

beneficial ownership or



and communication identifying information) to all the people who are its

the real owner, and



(b)) to the submission of the documents, which show the relationship of all persons referred to in point (a)

and) to suppliers; the following documents are particularly



1. extract from the commercial register or other similar evidence,



2. the list of the shareholders,



3. the decisions of the statutory authority for the payment of profit sharing,



4. the partnership agreement, memorandum or statute. ".



Paragraphs 4 and 5 shall be renumbered as paragraphs 6 and 7.



7. In § 122 para. 6, after the words "paragraph 3" the words "or 5".



8. In § 122 para. 7, after the words "paragraph 3" the words "or 5".



9. In paragraph 123 (c). (b)), paragraphs 3 and 4, the words "paragraph. 1 "shall be deleted.



10. In section 124 para. 3 the words "documents pursuant to § 122 para. 3 (b). (c)) "

replaced by the words "the information pursuant to § 122 para. 4 or 5 ".



11. In paragraph 125 of paragraph 1. 2 the words "§ 122 para. 3 and 5 "shall be replaced by the words" § 122

paragraph. 3 to 7 ".



PART THIRTEEN



The EFFECTIVENESS of the



Article. XV



This Act shall take effect on 1 January 2000. January 2017, with the exception of


the third, eleventh, and twelfth, which will become effective on 1 January 2004. January

2018.



Hamáček in r.



Zeman in r.



Sobotka in r.