Key Benefits:
Publication of the natural and legal persons and products which may be exemplifying from the Act of Preventive Measures against the laundering of yield and financing of terrorism, as well as the definition of politically exposed persons ; 1)
In accordance with paragraph 1 (1), 2, section 3, section 2, section 20 (2). 3, section 21, paragraph. 4, and section 37 (3). 3, in the Act of Preventive Preventive Action against the laundering of yield and financing of terrorism, cf. Law Order no. 442 of 11. May 2007, as amended by Section 10 of Law No 517 of 17. June 2008 shall be determined :
Mutilated customer registration requirements
§ 1. Public authorities or public bodies shall not be subject to the legitimization procedure pursuant to section 12 (3). 1-3, in the Act of Preventive Preventive Action against the laundering of yield and financing of terrorism, if the following conditions are met :
1) The Customer shall exercise public functions in accordance with the Treaty establishing the European Community, the Treaty establishing the European Community, or the derivative Community law.
2) The Client's identity is publicly accessible, transparent and can be established with security.
3) The Client's activities and accounting practices are transparent.
4) Client is responsible to a Community institution or authorities, or subject to appropriate control procedures to ensure the control of the Customer's activities.
Paragraph 2. In all cases, sufficient information shall be obtained to establish that the Customer is subject to paragraph 1. 1.
Paragraph 3. Credentials and storage of such documents shall always be required, cf. sections 12, 19 and 23 of the Act on Preventive Action against the laundering of the yield and financing of terrorism when there are suspicions that the transaction has ties to the laundering or financing of terrorism covered by section 7 of this law. the suspicion cannot be discerned, as provided for in section 7 of the Act on Preventive Action against the laundering of the yield and financing of terrorism.
§ 2. Products and transactions related to the product shall not be subject to the legitimacy of the product under Article 12 (2). 1-3 and Section 19 (1). 2 in the Act of Preventive Action against the laundering of the yield and financing of terrorism, if they meet the following conditions :
1) The product is based on a written agreement base on paper or other lasting medium.
2) The transactions associated with this are implemented through the Customer's account
a) in a credit institution, cf. Section 5 (5). 1, no. 2, in the law of financial activities,
b) in a foreign credit institution which is covered by 3. money laundering Directive ;
c) or in a credit institution within a country outside the European Union, which places requirements similar to the requirements of that Directive.
3) The seller of the product or the transaction associated with the product must not remain anonymous.
4) The product or transaction may amount to a maximum of EUR 15 000, regardless of whether the transaction is performed as one or more interconnected transactions. If the right of ownership of the product is transferred to the Customer at the end of the contract cover, the annual payment of the year shall be EUR 15 000.
5) Third party may not be able to benefit from the product or transaction except in the case of death, invalidity, survival until a predetermined high age or similar events.
Paragraph 2. In addition, for products or transactions related to the product where funds are invested in financial assets or claims, including insurance or other types of conditional requirements, the conditions laid down in paragraph 1 shall apply. 1 the following requirements :
1) The benefits of the product or transaction relating to the product shall be capable of being realized only in the long term.
2) The product or transaction must not be used as a security.
3) Payments may not be made to accelerated payments or are used withdrawn clauses.
4) The contractual relationship must not be allowed to be terminated before the end of the contract.
Paragraph 3. The limit laid down in paragraph 1. 1, no. 4 shall not apply to the cases covered by Section 20 in the Act of Preventive Measures against the laundering of the yield and financing of terrorism.
Paragraph 4. Credentials and storage of such documents shall always be required, cf. section 12, 19 and 23 of the Act on Preventive Action against the laundering of the proceeds and the financing of terrorism when there are suspicions that the transaction has ties to the laundering or financing of terrorism covered by section 7 of this Act.
Financial activity inconvenientable or limited to a very limited amount
§ 3. Legal or natural persons are exempt from the Act of Preventive Measures against the laundering of the yield and financing of terrorism, provided that they carry out financial activity that :
1) does not exceed EUR 1000 per customer, regardless of whether the transaction is performed as one or more cohesive transactions ;
2) does not exceed 5%. by the total turnover of the legal or physical person concerned, Year,
3) is a complementary activity and directly related to the main activity,
4) are offered only to the customers of the main activity and not to the general public, and where :
5) the main activity is not covered by Section 1 in the Act of Preventive Measures against the laundering of the yield and financing of terrorism.
Paragraph 2. Paragraph 1 shall not apply to financial activities carried out outside Denmark.
Paragraph 3. Paragraph 1 shall not apply to the transfer of funds, cf. in Annex 1, no. 4 in the law on preventive measures against the laundering of the yield and financing of terrorism.
Paragraph 4. However, the identification and storage of such identification shall always be required, cf. section 12, 19 and 23 of the Act on Preventive Action against the laundering of the proceeds and the financing of terrorism when there are suspicions that the transaction has ties to the laundering or financing of terrorism covered by section 7 of this Act.
Definition of politically exposed persons
§ 4. Politically exposed persons in section 3, paragraph 1. 1, no. 6, cf. Section 19 (1). 4, in the Act of Preventive Action against the laundering of the yield and financing of terrorism, shall be understood in accordance with the definitions laid down in paragraph 1. 2-4.
Paragraph 2. For politically exposed persons who have or have had a higher public professions, the following definitions shall apply :
1) Heads of State, Heads of Government, Ministers and Viguins or the assistant ministers.
2) Members of Parliament.
3) Supreme Court judges, members of the constitutional courts and by other high-ranking judicial authorities whose decisions are only subject to further examination in exceptional circumstances.
4) Members of auditors and boards of central banks.
5) Ambassadors, chargés d' affaires and high-ranking officers in the armed forces.
6) Members of the administrative, leading or control bodies of state-owned companies.
Paragraph 3. The following shall be the following :
1) Spouses.
2) Registered the partners.
3) De in no. One and two people mentioned children.
4) De in no. One and two people mentioned parents.
Paragraph 4. For close collaboration partners :
1) People who have ownership rights for legal entities and legal arrangements or, in any other way, have close business dealings with one of the parties referred to in paragraph 1. 2 included people.
2) People who have the right to a legal entity or a legal arrangement which has been established in favour of one of the parties referred to in paragraph 1. 2 included people.
Paragraph 5. The people in paragraph 3. 2 people mentioned do not include officials at intermediate or lower level.
Paragraph 6. If one of the items referred to in paragraph 1 2 mentioned persons have not had a higher occupation for at least one year, this is no longer regarded as a politically exposed person.
Punishment
§ 5. Inherit of the provisions of section 1 (1). 3, section 2, paragraph 2. 4, and section 3 (3). 4, in this notice, penalties shall be punished.
Paragraph 2. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.
Entry into force
§ 6. This notice shall enter into force on the 15th. July 2008.
Paragraph 2. At the same time, notice No 1377 of 10. In December 2007, about which natural and legal persons and products that can be exempt from the law on preventive measures against the laundering of the yield and financing of terrorism.
1) The announcement contains provisions which implement parts of Commission Directive 2006 /70/EC of 1. In August 2006, laying down implementing measures for Directive 2005 /60/EC of the European Parliament and of the Council with regard to the definition of "politically exposed person" and the technical criteria for muffled procedures for customer registration and, for the exception of cases where a financial activity is occasional or for a very limited extent, (EU-Official Journal of the European Official Journal. L 214, s. TWENTY-NINE.
