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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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DECREE NO 104
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That by Legislative Decree No. 498 dated December 02, 1998, published in Official Journal No. 240, Volume 341, of the 23rd of the same month and year,
the Law Against the Laundering of Money and Assets was issued.
II.-That the Act referred to in the previous recital has
per object to prevent, detect, punish and eradicate the Crime and Money Laundering Crime, as well as its cover-up, which will be applicable, to any natural or legal person.
III.-That with the purpose of the legal regulations of El Salvador According to International Standards on the fight against money laundering and
assets, financing of terrorism, organized crime, drug trafficking and any of its variants and the Financial Action Group International (FATF), which seeks to contribute to the education of international standards with legislation
of terrorism.
IV.-That for the reasons outlined above, it becomes necessary to issue the
legal reforms relevant to the Law enunciated in the
FOR TANTO,
in use of its Constitutional powers and on the initiative of the President of the Republic, through the Minister of Justice and Public Security.
DECCRETA, the following:
REFORMS TO THE LAW AGAINST MONEY LAUNDERING AND MONEY LAUNDERING
Art. 1.-Add to Chapter II, "From Offences", Art. 8-A, as follows:
"Tray of Money and Assets.
Art. 8-A.-The person who by himself or interposited person when entering, transiting or leaving the territory of the Republic by any means, regardless of his nationality, omit to declare, falsely or inaccurately, to the customs authority, in the previously established form, possession,
holding or carrying of banknotes, negotiable instruments to the bearer, securities or goods with foreign exchange value that are not of personal use, individually or in whole, valued in currency national or foreign, in the amount of ten thousand dollars of the United States of America or more or the equivalent in foreign currency, will be punished with imprisonment of three to five years.
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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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In the form referred to in the preceding paragraph, the established in the Article. '
Art. 2.-Replace Art. 20, by the following:
" Art. 20.-It is the responsibility of the General Directorate of Customs, the verification of the veracity of the declarations referred to in Art. 19 of this Law.
The falsehood, omission or inaccuracy of the statement in amount that is equal to or greater than ten thousand dollars from the United States of America or its equivalent in foreign currency, will cause the retention of the values and once established, the National Civil Police and the Office of the Prosecutor General of the
Republic will be notified, for the legal effects referred to in Art. 8-A of this Law and others that proceed.
The resolutions that the The General Directorate of Customs will issue an appeal.
In case of file, dismissal or acquittal, the withheld or seized will be returned, imposing a fine of five percent, if it is proven that there was negligence. In case of
conviction or failure to demonstrate the legitimate origin, the Judge shall order that the money, assets and securities seized enter into the Special Fund of Dineros of Precautionary Measures or of Extinction, established in Art. 93 of the Special Law on the Extinction of the Domain and the Administration of the Goods of Origin or the Illicit Destination. "
Art. 3.-This Decree shall enter into force eight days after its publication in the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the three days of September of the year two thousand fifteen.
LORENA GUADALUPE PEÑA MENDOZA, PRESIDENT.
GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALMASEZ DE ESCOBAR, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.
JOSÉ SERAFIN ORANTES RODRÍGUEZ, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE-PRESIDENT.
SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.
GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.
MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LÓPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY.
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JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.
ABILIO ORESTES RODRÍGUEZ MENJÍVAR, JOSÉ FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.
CASA PRESIDENTIAL: San Salvador, at the twenty-two days of the month of September of the year two thousand fifteen.
PUBESQUIESE,
Salvador Sánchez Cerén, President of the Republic.
Benito Antonio Lara Fernández, Minister of Justice and Public Security.
D. O. N ° 173
Took N ° 408 Date: September 23, 2015
JQ/pch 22-10-2015
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