Law Against Reformed Money Laundering And Asset.

Original Language Title: REFÓRMASE LA LEY CONTRA EL LAVADO DE DINERO Y DE ACTIVOS.

Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/reformase-la-ley-contra-el-lavado-de-dinero-y-de-activos-2/archivo_documento_legislativo



1 DECREE No. 104

THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
:
I.- by Legislative Decree No. 498, dated December 2, 1998, published in the Official Journal No. 240, Volume 341, 23 of the same year,
the Law Against Money Laundering and Asset was issued.
II.- That Law to which reference has been made in the previous paragraph, has
to prevent, detect, punish and eradicate Money Laundering and Asset and its concealment, which shall apply to any natural or legal person.
III.- That the purpose of the legislation of El Salvador is in accordance with the International Standards on combating money laundering and
assets, financing of terrorism, organized crime, drug trafficking and any of its variants and the Group of Financial Action Task Force (FATF), which seeks to contribute to the education of international standards with relevant legislation in the fight against money laundering and financing of terrorism
.
IV.- That for the above reasons, it becomes necessary to make the legal reforms
relevant to the rule in the first Recitals Law.
THEREFORE,
in exercise of its constitutional powers and initiative of the President of the Republic, through the Minister of Justice and Public Security.
DECREES the following:
AMENDMENTS TO THE LAW AGAINST MONEY LAUNDERING AND ASSET
Art. 1. It is hereby added to Chapter II, "Offences" Article 8-A, as follows:.
"Transfer of Money and Assets.
Art. 8-A.- Anyone who personally or vicariously to enter, transit or leaving the territory of the Republic by any means, regardless of nationality, skip declare, declare falsely or inaccurately, to the customs authority, in the form previously established, ownership, possession or transport
tickets, bearer negotiable instruments, securities or exchange value goods other than personal use, individually or jointly, valued in national or foreign currency, in the amount of ten thousand dollars of the United States or more or the equivalent in foreign currency, shall be punished with imprisonment of three to five years.

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In the form that the previous paragraph refers to, it shall be noted the provisions of this Article. "
Art. 2. Article 20 is hereby replaced by the following:.
"Art. 20. It is the responsibility of the Directorate General of Customs, checking the veracity of the statements referred to in Art. 19 of this Law.
Falsehood, omission or inaccuracy of the statement in an amount that is equal or greater than ten thousand dollars of the United States of America or its equivalent in foreign currency, will cause retention values ​​and once established, be notified to the Civil National Police and the Attorney General of the Republic
, for It referred to legal purposes Art. 8-a of this Act and other made that are appropriate.
The resolutions that the General Customs Directorate shall be appealable issue.
In cases of file, dismissal or acquittal, which detained or seized shall be returned, imponiéndosele a fine of five percent if it is established that there was negligence. If
conviction or does not prove the legitimate origin, the judge will order that the money seized goods and values ​​into the Special Fund Monies objects injunctive or Extinction, established in Art. 93 of the Special Law Forfeiture and Administration of the Goods of Origin or Destination unlawful. "
Art. 3. This Decree shall enter into force eight days after its publication in the Official Journal.
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, on the third day of September of the year two thousand and fifteen.
LORENA GUADALUPE MENDOZA PEÑA, PRESIDENT.
GUILLERMO ANTONIO NAVARRETE GALLEGOS Ana Vilma Albanez de Escobar, FIRST VICE. SECOND VICE PRESIDENT.
ORANTES SERAFIN JOSE RODRIGUEZ, NORMAN NOEL GONZALEZ Quijano, THIRD VICE. FOURTH VICE.
SANTIAGO FLORES ALFARO, FIFTH VICE.
GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO MOLINA REYES, First Secretary. Second Secretary.
MARIO ALBERTO GUERRERO TENORIO, REYNALDO ANTONIO LOPEZ Cardoza Third Secretary. Fourth secretary.

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JACKELINE AVALOS NOEMI RIVERA, JORGE ALBERTO ESCOBAR BERNAL, QUINTA Secretariat. SIXTH SECRETARY.
ABILIO Orestes MENJIVAR RODRIGUEZ, JOSE FRANCISCO LOPEZ MERINO, seventh Secretary. EIGHTH SECRETARY.

PRESIDENTIAL HOUSE: San Salvador, on the twenty-second day of September in the year two thousand and fifteen.
PUBLISHED,
Salvador Sanchez Ceren, President of the Republic.
Benito Antonio Lara Fernández, Minister of Justice and Public Security. OJ No. 173

Volume No. 408 Date: September 23, 2015
JQ / pch 10/22/2015
LEGISLATIVE INDEX