Key Benefits:
Year II -- Quito, Thursday December 30, 2010 -- No. 352
SUMMARY:
Pags.
NATIONAL ASSEMBLY
LAW ES:
-Law Reformator ia de la Ley para Repr imir el Lavado de Assets .............................
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-Law Derogator ia Nº 4 para la Debugación
de la Legal regulations ..................................
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RESOLUTION:
-Exhor to the National Water Secretar (SENAGUA), leave out the pending payment values for the use of the water for the activity dedicated to the breeding of trout and tilapia; as well as the ............................
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EXECUTING FUNCTION VA:
RESOLUTION:
MERCHANT MARINE AND PORT NATIONAL ADVICE:
028/10 Set the requirements that Pags must be met by the ships that perform the trans-
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for cargo from the continent to the province of Galapagos and vice versa ..........
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MUNICIPAL ORDINANCES:
013-2010 Decentralized Municipal Government of Ruminahui: What Regents
the determination, administration, control and collection of the vehicle tax
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015-2010 Decentralized Autonomous Municipal Government of Ruminahui: Reformator ia de
the ordinance published in the Official Register No. 311 of October 29, 2010, reform of the Ordinance for the drinking water service of the canton and its reforms
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017-2010 Ruminahui Municipal Decentralized Autonomous Government: Creating the
Social Promotion Patronate ...............
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018-2010 Autonomous Government Rutminahui Municipal Decentralized: Creation of the
"Municipal Public Enterprise of Solid Waste, Ruminahui-ASEO, EPM" ..........
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020-2010 Autonomous Municipal Decentralized Government Ruminahui: For apli-
cation and collection taxes on the utilities
ING. HUGO ENRIQUE DEL POZO BARREZUETA DIRECTOR
Quito: Avenida 12 de Octubre N 16-114 y Pasaje Nicolás Jiménez Dirección: Telf. 2901-629 -- Offices and sales: Telf. 2234-540 Distr ibution (Storeroom): 2430-110 -- Manosca Nº 201 y Av. 10 August Branch Guayaquil: Malecon No. 1606 and Av. 10 August -- Telf. 2527-107 Annual subscription: US$ 400 + VAT -- Printed on National Editor 1,250 copies -- 40 pages -- Value US$ 1.25 + VAT
Administration of the Mr Ec. Rafael Correa Delgado Constitutional President of the Repub lica
S U P L E M E N T O
2 -- Supplement -- Official Record No. 352 -- Thursday, December 30, 2010
Pags.
in the transfer of urban pregod and surplus value of the same .......................
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021-2010 Decentralized Autonomous Government
Ruminahui Municipal: Which regulates the administration, control and collection of the Alcabala Tax ..........................
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-City Council of the Canton Basin: Regulating the determination, administration, control and collection of the Municipal Patent Tax ...........
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-City Council of the Canton Basin: What reform to the Approval Ordinance of the value plane of the urban and rural soil, the values of the typologies of buildings, the factors of land value correction and buildings and the tar ifas, which will govern for the year 2010 .........
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ORDINANCE PROVINCIAL:
-H. Provincial Government of Tungurahua: Reform the Reform Ordinance for the collection of the provincial doorbell .................
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NATIONAL ASSEMBLY Of. No. SAN-010-996
Quito, 22 December 2010
Mr Engineer Hugo Del Pozo DIRECTOR OF THE OFFICIAL REGISTER In his office Mr President: The National Assembly, in accordance with the powers conferred upon it by the Constitution of The Republic of Ecuador and the Organic Law of the Legislative Function, discussed and approved the Project of REFORM LAW OF THE LAW TO REPRESS THE LAUNDERING OF ACTI VOS. In a session held on December 15, 2010, the plenary session of the National Assembly met and spoke on the partial objection presented by the Constitutional President of the Republic. By the above; and, as provided for in Article 138 of the Constitution of the Republic of Ecuador and 64 of the Organic Law of the Legislative Function, I refer to the Authentic and certified copy of the text of the Bill of Law adopted, as well as the certification of the dates of their treatment, for publication in the Official Register. Intently, f.) Dr. Francisco Vergara O., Secretary General.
NATIONAL ASSEMBLY
CERTI SPANISH
In my capacity as Secretary General of the National Assembly, I allow myself to CERTI FICAR that the LAW Project REFORM OF THE LAW TO SUPPRESS THE LAUNDERING OF ACTI VOS, was discussed and approved on the following dates: FIRST DEBATE: 07-Sept-2010
SECOND DEBATE: 05-Nov-2010
PARTIAL OBJECTION: 15 -Dec-2010 Quito, December 21 2010.
f.) Dr. Francisco Vergara O., Secretary General.
NATIONAL ASSEMBLY
THE PLENO
CONSIDERING: That, the Law to Suppress Asset Laundering was enacted in the Official Register No. 127 of 18 October 2005; That the Republic of Ecuador has signed and ratified the United Nations Convention against Transnational Organized Crime, published in the Supplement to the Official Register No. 153 of 25 November 2005; in accordance with Article 3 (8) of the Constitution of the Republic is the primary duty the State guarantee to its inhabitants the right to a culture of peace, to integral security and to live in a democratic society and free from corruption, and therefore must ensure the prosecution of any person involved in the financing, planning, preparation or commission of illicit activities; that, the laundering of assets is one of the greatest scourges against society and the state, for its nefarious effects on the economy, in the administration of justice and the governability of the States, which seriously affects democracy; what, Ecuador as part of the international community, must take effective measures to combat national and transnational organized crime; and, exercising the powers set out in Article 120 of the Constitution, issue the following:
LAW ' S LAW TO SUPPRESS THE WASHING OF ACTI VOS
Art. 1.- Replace the name of the Law with the following: "LAW OF PREVENTION, DETECTION AND ERADICATION OF THE DELI TO WASH OF ACTI VOS AND OF THE FINANCING OF DELI TOS". Art. 2.- Replace Article 1 with the following text:
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" Art. 1. This Law aims to prevent, detect, punish and eradicate the laundering of assets and the financing of crimes in their different modalities. For this purpose, the following Law aims to: (a) Detect ownership, possession, use, supply,
sale, brokerage, internal or external trade, free or onerous transfer, conversion and trafficking of assets, resulting or proceeds of crime, or constituting instruments of
b) Detect the association to execute any of
the activities mentioned in the preceding literal, or their attempt; the organization of companies or companies that have that purpose; and, the management, financing or technical assistance to be made possible, for the application of the corresponding sanctions;
c) Confiscate, for the benefit of the State, the assets of
illicit origin; and, d) Perform the necessary actions and efforts to
recover the assets that are the proceeds of the crimes mentioned in this Law, which are committed in Ecuadorian territory and are located abroad. "
Art. 3.- Replace Article 2 with the following text: " Art. 2.-In addition to those and the subjects required to report, those who know of facts relating to the offences referred to in this Law shall inform the competent authorities and, in the event that they are aware of the existence of transactions or unusual and unjustified economic transactions, will inform the Financial Analysis Unit (UAF). Unusual and unjustified economic transactions or transactions shall mean economic movements, carried out by natural or legal persons, which do not correspond to the profile that they have maintained in the reporting entity and which cannot be sustained. The Financial Analysis Unit (UAF) is the competent agency to receive all kinds of information and reports related to the crimes of money laundering and the financing of crimes. " Art. 4.- Replace Article 3 with the following text: " Art. 3.-The institutions of the financial and insurance system, in addition to the constant duties and obligations in the General Law of Institutions of the Financial System and others of a specific nature, shall: fehacientes,
reliable and reliable, the identity, occupation, economic activity, marital status and the occupation, housing or occupational, of its clients, permanent or occasional. In the case of legal persons, the registration shall include the certification of legal existence, the ability to operate, the payroll of shareholders or shareholders, amounts of the shares or units, social object, legal representation, or documents enabling the establishment of economic activity. The information shall be collected in files or recorded in magnetic media
easily accessible and available; and shall be maintained and updated for the duration of the contractual relationship. The required financial and insurance system subjects shall keep records for 10 years after the end date of the last transaction or contractual relationship;
b) Maintain accounts and transactions in a nominative manner;
consequently, they may not open or maintain encrypted accounts or investments, anonymous, or authorize or conduct transactions or transactions that are not of a nominative character, except those expressly authorized by law;
c) Record individual transactions and transactions
whose value is equal to or more than ten thousand dollars from the United States of America or its equivalent in other currencies, as well as multiple transactions and transactions which, together, are equal to or greater than that value, when they are made for the benefit of the same person and within a period of thirty (30) days. The registration obligation shall include electronic transfers, with their respective messages, throughout the payment chain. The registration will be carried out in the respective forms approved by the Superintendency of Banks and Insurance, in coordination with the Unit of Financial Analysis (UAF). Individual and multiple transactions and transactions, and electronic transfers, indicated in this literal will be reported to the Financial Analysis Unit (UAF) within fifteen (15) days after the close of the monthly financial year each entity;
d) Reporting, under personal responsibility and
institutional, to the Financial Analysis Unit (UAF) the unusual and unjustified transactions or economic transactions, within the two (2) day period, from the date on which the compliance committee of the institution concerned has knowledge of such operations or transactions; and,
e) Reporting to the Financial Analysis Unit (UAF),
within fifteen (15) days after the close of its monthly exercise, its own national operations and (a) the amount of which is equal to or greater than ten thousand dollars of the United States of America or its equivalent in other currencies.
The transactions and transactions referred to in subparagraphs (c), (d) and (e) of this Article shall include those made with jurisdictions regarded as tax havens. ' Art. 5.- Following Article 3, add the following numbered article: " Art. ...-To more than the institutions of the financial and insurance system, they will be obliged to inform the Unit of Financial Analysis (UAF) through the delivery of the reports provided for in article 3 of this Law, according to the regulations that In each case, foreign films under the control of the institutions of the Ecuadorian financial system; the stock exchanges and houses; the funds and trust managers; the cooperatives, foundations and bodies government; natural and legal persons who are engaged in the usual manner of the
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marketing of vehicles, vessels, ships and aircraft; companies engaged in the national or international transfer service money or securities, national and international transport and postal packages, postal packages, mail and parallel mails, including their operators, agents and agencies; tourism agencies and tour operators; natural and legal persons who (a) to be used as a regular basis for inmobiliary investment and intermediation and for construction; casinos and gambling houses, bingos, machine à sous machines and racecourses; montes of piety and pawn houses; the negotiators of jewels, metals and precious stones; dealers of antiques and works of art; notaries; and, Property registrars and mercantiles. The required subjects referred to in the preceding paragraph shall report transactions and economic transactions, the value of which is equal to or greater than that provided for in Article 3 of this Law. Without prejudice to this article, the Financial Analysis Unit (UAF) may request additional information from other natural or legal persons in accordance with the regulations to be issued for the purpose. " Art. 6.- Replace Article 4 with the following text: " Art. 4.-The Financial Analysis Unit (UAF), by issuing the corresponding instructions, will establish the structure and content of the reports from the subjects required to report established by this Law. If the Financial Analysis Unit (UAF) requires additional information from the obligated subjects or from any public sector institution, it must be motivated and the required ones will have the obligation to deliver it within the five days which may be extended, with the appropriate justification, up to a maximum of 15 days. For the purposes of analysis, public sector institutions that maintain databases shall have the obligation to allow the access of the Financial Analysis Unit (UAF) to the same, in fields that are not of a reserved nature. " Art. 7.- Replace Article 5 with the following text: " Art. 5.-Any person who enters or leaves the country with cash, for an amount equal to or greater than ten thousand dollars of the United States of America or its equivalent in other currencies, has the obligation to declare it to the customs authorities, without prejudice to other tax obligations laid down in the legal order. This permanent control will be carried out in the land border areas, sea and river ports, airports and customs districts, by an operating group formed by officials of the Ecuadorian Customs Corporation, the Service of Internal Revenue and the National Police of Ecuador. " Art. 8.- Replace Article 6 with the following text: " Art. 6.-The National Council Against the Laundering of Assets, based in Quito, Metropolitan District, with legal status of public law, is made up of the Board of Directors and the Unit for Financial Analysis (UAF).
The legal, judicial and extrajudicial representation of the National Council Against the Laundering of Assets will be performed by the Director or Director General of the Financial Analysis Unit (UAF). The following are the resources of the National Council Against the Laundering of Assets: (a) The funds allocated
the General Budget of theState; (b) The movable and immovable property that is transferred to it
or which acquires any title; The returns of their assets; d) Contributions from international agreements
; e) Donations, inheritances and legacies that, of
accept them, will do so for the benefit of inventory; f) The values collected by The concept of fines
provided for in this Law; and, (g) Other resources that are legally assigned to it. " Art. 9.- Replace Article 7 with the following text: " Art. 7. The Board of Directors shall be composed of: a) The Attorney General of the State or its
delegate or delegate, who will preside and have a vote of the State;
b) The Attorney General of the State or its delegate or
delegate; c) The Superintendents or Superintendent of Banks and
Insurance or its delegate or delegate; (d) Superintendents or Superintendent of Companies
or its delegate or delegate; (e) Director or General Manager of the Service of
Internal Revenue or its delegate or delegate; (f) The Management o General Manager of the Corporation
Ecuadorian Customs or its delegate or delegate; and, g) La or Minister of the Interior or his delegate or delegate. Delegates or delegates shall be permanent and shall meet the same requirements as those or the holders. The Director or Director of the Financial Analysis Unit (UAF) shall act as the Secretariat or Secretary of the Board of Directors of the Board. " Art. 10.- Replace Article 8 by the following text: " Art. 8.-The functions and powers of the Board of Directors are as follows: a) Design and approve policies and prevention plans and
control of asset laundering and crime financing;
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b) Know and approve the strategic national plan of
prevention and repression of the crime of asset laundering; as well as, Financial Analysis Unit (UAF) annual plans and budget;
c) Approve the Organic Status by Processes of the
Financial Analysis Unit (UAF); d) Designate the Director or Director General of the
Financial Analysis (UAF); and) Designate the Unit Sub-Director or Subdirector
for Financial Analysis (UAF); (f) Authorizing the Director or Director General of the
Financial Analysis Unit (UAF) to subscribe to inter-institutional agreements, agreements and commitments for technical and economic, national or international cooperation;
g) Evaluate compliance with international
conventions and report to the relevant agencies;
h) Designate internal special commissions for issues
point-in-time, which will inform your activities to the Directory;
i) Acquit the queries that the Director or Director
General of the Analysis Unit Financial (UAF), estimate it is necessary to submit to its consideration;
j) To know the annual report of the Director or Director
General of the Unit of Financial Analysis (UAF); k) Know and resolve, on appeal, on the actions
administrative to be instituted against the Director or Director General of the Financial Analysis Unit (UAF);
l) Know and resolve on the resignations of the Director
or Director General and the Deputy Director or Deputy Director Financial Analysis Unit (UAF); Resolver on the removal, removal, or temporary suspension of the Director or Director General of the Financial Analysis Unit (UAF) respecting due process; and,
m) The others that correspond to it, according to this
Law and its general regulation. " Art. 11.- Following Article 8, add the following numbered article: " Art. ....-The President or President of the National Council Against the Laundering of Assets corresponds to the following powers: (a) Velar for the fulfilment of this Law and its regulation
general; (b) Exercise the official representation of the Council National
Against the Laundering of Assets to international bodies created for the purposes provided for in this Law or to delegate it; and,
c) The others provided for in this Law and its regulation
general. "
Art. 12.- Replace Article 9 by the following text: " Art. 9.-The Financial Analysis Unit (UAF) is the operative body of the National Council Against the Laundering of Assets. It is made up of the Directorate General, the Subdirectorate and the specialized technical departments, whose functions and duties will be determined in the Organic Statute by Processes of the Financial Analysis Unit (UAF). The Financial Analysis Unit (UAF) will request and receive, under reserve, information on unusual and unjustified transactions or economic transactions to process, analyze it and if necessary send a report to the Prosecutor General's Office. State, with reserved character and with the appropriate supports. If this is the case, the Financial Analysis Unit (UAF) will address information requirements of the National Intelligence Secretariat, retaining the same reservation or if it is so that it may be used. " Art. 13.- Replace Article 10 by the following text: " Art. 10.-The Financial Analysis Unit (UAF) shall carry out the following tasks: a) Develop programs and execute actions to detect,
in accordance with this Act, unusual and unjustified economic transactions or transactions, in order to promote, if necessary, their sanction and to recover their resources;
b) Request of the subjects required to report, of
compliance with the provisions of this Law, the information it deems necessary for the performance of its functions, with the purpose of processing, analyzing and guarding it; and, of being the (a) where appropriate, in respect of the information given to it, request clarifications or extensions;
c) Coordinate, promote and execute programmes of
cooperation with international analogue bodies and related national units to, within the framework of their competences, exchange general or specific information concerning the laundering of assets and financing of crimes; as well as executing joint, swift and efficient actions through cooperation agreements throughout the national territory including border areas;
d)
State the report of unusual and unjustified operations that will contain the analysis corresponding to the case studies, as well as the extensions and information requested by the Prosecutor's Office; consequently, the Financial Analysis Unit is prohibited from providing reserved information, under its custody, to third parties with the exception provided in the last paragraph of the previous article;
e) Create, maintain and update, with reserved character,
a database with all the information obtained as a product of its activities, compliance with the relevant regulation;
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f) Organize periodic training programs in
prevention of asset laundering and crime financing;
g) Hire, where applicable, companies
specializing in the location of illicit funds and assets, in order to manage their recovery; and,
h) The others that correspond to it, in accordance with this
Law and its general regulation. " Ar t. 14.- Replace Article 11 by the following text: " Art. 11.-The maximum authority of the Unit of Financial Analysis (UAF) is the Director or Director General, who will exercise the legal, judicial and extrajudicial representation of the National Council Against the Laundering of Assets. To serve as Director or Director General of the Financial Analysis Unit (UAF), it will be necessary to be Ecuadorian or Ecuadorian, to have a personal and public trajectory, to have a third-level academic degree and to credit experience in matters related to those referred to in this Law. The Director or Director General shall be free of appointment and removal. Its main responsibilities and responsibilities are: a) Direct financial analysis operations; b) Design and execute the policies, programs and actions
of the Financial Analysis Unit (UAF) to prevent, detect and report cases of asset laundering and crime financing in its different modalities, in accordance with this Law;
c) Determine the work strategies of the Unit of
Financial Analysis (UAF) in the legal, administrative, financial and operational fields, as well as direct and coordinate its application with the State Attorney General and other competent entities;
d) Formulate the Strategic and Operational Plan, as well as
prepare the Annual Budget of the Financial Analysis Unit (UAF), to be submitted for approval by the Board of the National Council Against the Laundering of Assets;
e) Provide, for information, to the Council
National Against the Laundering of Assets General data of the reports of unusual and unjustified operations sent to the Attorney General's Office, such as: number of cases reported, Identified typologies, previous crimes of existence and amounts involved, without include reserved details;
f) Address the execution of the Strategic and Operational Plan and
of the Annual Budget of the Financial Analysis Unit (UAF);
g) Submit for consideration by the Board Directory
National Against the Laundering of Assets, for approval, the Project of Organic Statute by Processes of the Unit of Financial Analysis (UAF);
h) Designate, by means of contest of merit and opposition, to the and the officials and employees of the Financial Analysis Unit (UAF); sanctioning them disciplinarily or removing them according to the Law;
i) Designate the functionaries or officials of the
Financial Analysis Unit (UAF) to represent you on missions of a national or international nature, and report to the National Council Against the Laundering of Assets in respect of the results of the efforts made and the pending tasks assigned to or assumed by those officials or officials in their representation; as well as the contributions provided in favor of the country by institutional missions, national and foreign;
j) Manage and subscribe, with the due authority of the
Directory of the National Council against the Laundering of Assets, Conventions, Memoranda of Understanding and/or Inter-Institutional Cooperation Agreements with public or private, national or international agencies, for the fulfillment of the objectives of this Law, and report regularly to the Directory on the implementation, enforcement and enforcement of each of these commitments;
k) Submit an annual report of work and the other
reports required by the Board of the National Council Against the Laundering of Assets;
l) Celebrate and execute, compliance with the
'slegal order, all acts and contracts that are necessary to meet the objectives of the Financial Analysis Unit (UAF) and the National Council Against the Laundering of Assets, and report to the Directory, with the periodicity requested, on the results and progress achieved, with the respective justifications; and,
m) Other who entrust this Law and its regulation
general. " Art. 15.- Replace Article 12 by the following text: " Art. 12.-To be designated Deputy Director or Deputy Director of the Financial Analysis Unit (UAF), the same requirements as established for the Director or Director General must be met. His principal duties and duties are: a) Replace the Director or Director General in cases
of temporary or permanent absence, and in this case he will replace him until the holder is legally appointed;
b) I comply with the commissions or delegations
assign the Director or Director General, whose compliance the respective report will yield; and,
c) All others assigned to it by the
Director or Director General or the Organic Statute by Processes of the Financial Analysis Unit (UAF). "
Ar t. 16.- Replace Article 13 with the following text:
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" Art. 13.-Officials and employees or employees of the Financial Analysis Unit (UAF) are obliged and obliged to keep secret of the information received on the basis of their position, as well as the tasks of financial analysis. developed, even after two years of having ceased their duties. The same duty to keep secret will govern the subjects required to inform the Unit of Financial Analysis (UAF), in accordance with this Law. Officials and employees of the Financial Intelligence Unit (UAF) who, in an illicit manner, disclose in any way the information reserved outside the scope of this entity, will be subject to or subject to the corresponding administrative, civil and criminal actions. The criminal penalties for the crimes mentioned in this article will be those provided for in the Penal Code. The administrative penalties for the servants or the public servants of the Unit for Financial Analysis (UAF) shall be those referred to in the Law governing the public service, its implementing regulation and the internal regulations of the Unit of Financial Analysis (UAF). '
Art. 17.-Replaced the literal f) of Article 14 the text " Income of money "by" Income and discharge of money "; and, replace the final paragraph of the same article by the following text:" The offences defined in this article shall be investigated, prosecuted, failed or sentenced by the court or the competent authority as Autonomous crimes of other crimes committed inside or outside the country. This does not exempt the State Attorney General's Office from its obligation to demonstrate the illicit origin of the allegedly laundered assets. "
Art. 18.- Replace point (a) of Article 15 (1) with the following text: "(a) Where the amount of the assets covered by the offence does not exceed 50 thousand dollars; and,".
Art. 19.- Replace Article 19 by the following text: " Art. 19.-The institutions of the financial system and insurance institutions that do not comply with the obligations provided for in Article 3 of this Law, will be sanctioned by the Superintendence of Banks and Insurance with a fine of five thousand to twenty thousand dollars from the States. United of America. The penalty does not exempt from compliance with the obligation. The recidivism will result in the temporary suspension of the permit to operate; and, once again the commission of the same fault within the twelve months following the previous one, will be sanctioned with the cancellation of the certificate of operating authorisation. The Financial Analysis Unit (UAF) will report, within five days, on the non-compliance with the obligation indicated in the first paragraph of this article, to the Superintendence of Banks and Insurance with the purpose of compliance with the relevant Act and regulations. '; Art. 20.- Agreguese, following Article 19, the following innumbered article:
" Art. ...-The subjects required to report under Article 5 of this Law, which do not comply with the obligations provided for in this Law, will be punished by the respective control body to which they are subject. This non-compliance will be sanctioned with a fine of five hundred to twenty thousand dollars from the United States of America. The penalty does not exempt from compliance with the obligation. The recidivism will result in the imposition of the maximum of the fine provided for in this article. For the purpose, the Financial Analysis Unit (UAF) shall report, within five days, about the non-compliance with the respective control body, with the aim that it is sanctioned in accordance with the relevant Law and regulations. " Art. 21.- Replace Article 20 by the following text: " Art. 20.-The person who does not declare or falsely or falsely declares before the customs authority or official or competent official, the income or departure of the securities referred to in Article 5 of this Law, shall be sanctioned by the customs authority, once the procedure for determining the infringement and its liability has been exhausted, with a fine equivalent to 30% of the total of the securities not declared or wrongly or falsely declared, without prejudice to the continuation of the shares criminal cases where there is a crime. ' Art. 22.- Replace Article 25 by the following text: " Art. 25.-Public and private sector entities will execute programs and prevention actions designed by the Financial Analysis Unit (UAF) to achieve the objectives of this Law. The levels and modalities of the national education system will include programs that develop the formation of an individual culture and a social conscience aimed at preventing the laundering of assets and financing of crimes. The authorities of the national education system and the directives or managers of all educational establishments shall be actively involved in the said prevention campaigns. The subjects required to report under this Law will observe the instructions that the Financial Analysis Unit (UAF) issues for prevention purposes. The social media will contribute to the prevention campaigns, in the form determined by the Secretariat of Communication of the Presidency of the Republic, at the request of the Unit for Financial Analysis (UAF). The competent authority shall take orders from courts or similar authorities of other States for the provision of mutual assistance in relation to investigations or proceedings of an administrative, civil or criminal nature, having a relationship with the laundering of assets and the financing of crimes. The Financial Analysis Unit (UAF), on the basis of the principle of reciprocity, will cooperate with its counterparts in other states in the exchange of information regarding the laundering of assets and financing of crimes.
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Those who organize and offer the public training courses in the prevention and detection of asset laundering and crime financing, without the corresponding authorization of the Unit of Financial Analysis (UAF), or that the logo of this Unit is improperly used for this purpose, will be forbidden to promote, sponsor or organize new courses on this matter, without prejudice to the administrative, civil and criminal actions to which it has taken place. ';
Art. 23.- Replace the General Disposition Third by the following text: " THIRD.-The illicit origin of the assets, as well as their character as unusual and unjustified, will be determined by the means of proof provided for in the Ecuadorian legislation, correctly applied and valued in accordance with the rules of sound criticism and due process established in the Constitution of the Republic. "
Art. 24.- Delete the point at the end of the Fourth General Disposition and then add the following text: "and the Financial Analysis Unit (UAF), in the field of its competence." Art. 25.- Agreguese, following the Fourth General Disposition, the following text: " QUINTA.- Each of the institutions that make up the Board of Directors of the National Council Against the Laundering of Assets, will conform its respective Unit Anti-laundering, which shall, with the reservation of the case, report to the Financial Analysis Unit (UAF) the unusual and unjustified transactions and transactions of which it has knowledge. Such anti-laundering units shall coordinate, promote and implement cooperation and exchange of information programs with the Financial Analysis Unit (UAF) and the State Attorney General's Office, in order to execute joint rapid actions and efficient to combat crime. SIXTH.- Replace the name "Financial Intelligence Unit (FIU)" with " Unit of Financial Analysis (UAF) in the Law, Regulations and Rules of Equal or Lower Hierarchy. SEPTI MA.- The Financial Analysis Unit (UAF) will prepare and disseminate annually a study on the phenomenology of crimes of asset laundering and crime financing in the Republic of Ecuador. "
REFORMATORY AND REPEAL PROVISIONS
FIRST.- Add, following Article 166, within Chapter IV of Title I, of the Second Book of the Criminal Code, the following innumbered article: ' Art. ....-Those who dolously, individually or collectively, directly or indirectly, by any means, provide, offer or collect funds or assets to finance in whole or in part, with lawful or illicit resources, the commission of the Crimes punishable in this Chapter, will be punishable by the same penalties established for the crime funded.
The offence typified in this article will be investigated, prosecuted, failed or sentenced by the court or the authority competent as an independent offence of other offences established in this Chapter, committed within or outside the country. " SECOND.- Repeal Article 21 and Title V, with Articles 22, 23 and 24 of the Law to Suppress Asset Laundering; and, the General Regulations to the Law to Suppress Asset Laundering, published in the Official Register No. 256 of 24 April 2006 and all its reforms. THIRD.- All statutory regulations, resolutions and instructions that oppose this Law are expressly repealed. TRANSITIONAL PROVISION.- The goods that have been under the temporary administration of the National Council Against the Laundering of Assets, and those that are subsequently the subject of precautionary measures handed down in criminal proceedings for the laundering of assets or financing of crimes, will be held in custody and protected by the National Council for the Control of Narcotic Drugs and Psychotropic, as a mere depositary, until they are delivered, within a maximum period of one hundred eighty days, to the specialized public institution that is created to administer them. Final Article.- This Law shall enter into force on the basis of its publication in the Official Register. Given and signed at the headquarters of the National Assembly, located in the Metropolitan District of Quito, Pichincha Province, on the tenth fifth day of the month of December, two thousand ten. f.) Fernando Cordero Cueva, President. f.) Dr. Francisco Vergara O., Secretary General.
NATIONAL ASSEMBLY Of. No. SAN-10-967 Quito, December 13, 2010 Lord Engineer Hugo Del Pozo Barrezueta DIRECTOR OF THE OFFICIAL REGISTER City. From my considerations: The National Assembly, in accordance with the powers conferred upon it by the Constitution of the Republic of Ecuador and the Organic Law of the Legislative Function, discussed the Project of REPEAL LAW No. 4 FOR DEBUGGING DE LA NORMATI VA LEGAL.
