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In accordance with the decision of the Parliament:
The aim of this law is to prevent money laundering and terrorist financing, to promote the detection and investigation of such activities and to improve the tracing and recovery of the proceeds of crime. The law also provides for the obligation to register certain activities and the requirements and controls to be imposed on such activities.
This law shall apply:
1) the law on credit institutions (10/2014) Of a credit institution, branches of a foreign credit institution and a credit institution with a credit institution belonging to the same consolidation group, as well as other business and professional activities in accordance with Article 1 (1) (3) to (11) of Chapter 5 of that Law Of which services are provided; (88/2014/638)
Paragraph 2 is repealed by the L 30.12.2010/1368 .
(3) investment services (18/07/2012) And the branch of a foreign investment firm, as well as any other business or professional activity provided for in Article 3 (3) of that law; (14.12.2012/72)
Paragraph 4 is repealed by the L 14.12.2012/772 .
(5) investment fund countries (1999) The management company, the depositary and the branch of a foreign management company; (12/01/1497)
(5a) Law on alternative fund managers (162/2014) , the depositary, the depositary, the specific depositary and the branch of the EEA alternative fund manager; (17/04/2013)
Paragraph 6 is repealed by L 29.12.2011 .
Paragraph 7 has been repealed by L 22.7.2011/907 .
(8) the law on the system of values and clearing and settlement (12/09/2012) The central securities depository, the accounting officer and the account of the account holder in Finland, which has received the rights of the account holder; (14.12.2012/72)
(9) Law on pawnshops (1353/1992) To a dedicated pawnbroker; (17/04/2013)
(10) Insurance Companies Act (18/02/1979) And the Law on the Insurance Companies and Pension Insurance Companies (354/1997) To the occupational pension insurance company; (17/04/2013)
(11) in insurance undertakings; (180/1987) In the case of insurance undertakings; (17/04/2013)
(12) Law on foreign insurance companies (398/1995) Issued by a foreign insurance company; (30.4.2010/303)
13) by the law on insurance mediation; (12/07/2005) Of the insurance intermediary referred to in (17/04/2013)
(14) The law of the (1047/2001) And traders and entities engaged in the provision of participation declarations and payments related to gambling activities; (30.12.2013/1185)
(15) gambling activities within the territory of the Åland Islands, intended for the Åland Islands, as well as the trader and the Community which mediates in the Province of Åland the declarations and payments of participation in gambling activities; (17/04/2013)
16) by the law on property brokering and brokerage premises; (1075/2000) And the agency's brokerage brokerage; (17/04/2013)
17) in the audit law (17/01/2015) The statutory auditor; (18.09.2015/1151)
L to 115/2015 Paragraph 17 shall enter into force on 1 January 2016. The previous wording reads:
17) in the audit law (209/2007) The statutory auditor; (17/04/2013)
(18) Law on the auditors of the public administration and the economy (467/1999) The JHTT auditor and the JHTT Community; (17/04/2013)
(19) business or professional activities primarily in the form of tax consultancy services; (17/04/2013)
20) by means of payment institutions, (197/2010) And referred to in Articles 7 and 7a of that Act; (22/09/98)
(20a) Law on the operation of a foreign payment institution in Finland (298/2010) Issued by a foreign payment movement; (30.4.2010/303)
(21) business or professional activities carrying out accounting tasks; (17/04/2013)
(22) as a business or professional activity, goods sold or conveying to the seller, in so far as it is received in cash as a single payment or in combination with each other, a total of at least eur 15 000; (17/04/2013)
(23) Directive 2005 /60/EC of the European Parliament and of the Council on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, hereinafter referred to as: Third money laundering directive , the service provided for in Article 3 (7) ( Asset management and business service provider ); (17/04/2013)
(24) Law on lawyers (446/1958) And his/her assistant, as well as other business or professional activities in respect of the provision of legal services in respect of the client's behalf or on behalf of the client in respect of transactions relating to:
(a) the purchase, sale, execution or planning of buildings or business units;
(b) the management of the client's money, securities or other assets;
(c) the opening or running of bank, savings or value-cooperative accounts;
(d) the organisation of the funds necessary for the establishment, management or management of undertakings; or
(e) the establishment, management or operation of foundations, companies or similar entities.
(17/04/2013)Paragraph 1 shall also apply to the foreign credit institution, the foreign investment firm, the foreign management company, the EEA alternative fund manager, the foreign insurance company and the foreign payment institution, A foreign company representative in Finland if the company offers services in Finland without starting a branch. (17/04/2013)
Insurance Companies L 1062/1979 Has been repealed by L for the entry into force of the Insurance Companies Act 522/2008 , see Insurance Companies L 521/2008 .
This law shall apply to the prevention and detection of money laundering and terrorist financing, including when the assets under the transaction come from operations carried out in the territory of another State.
This law shall not apply to activities in which the services referred to in Article 2 (1), (3) and (20) are provided on an occasional or very limited basis. The decree of the Ministry of Finance lays down a definition of a politically exposed person and a simplified customer for the purposes of implementing Directive 2005 /60/EC of the European Parliament and of the Council Commission Directive 2006 /70/EC, hereinafter referred to as 'the technical criteria for derogations granted on the basis of ad hoc or very limited financial activities', hereinafter referred to as: Commission Implementing Directive , the more detailed provisions for implementation as to when the provision of the service is deemed to be adventitious or very limited.
This law shall not apply to the use of cash dispensers outside the gambling casino.
This law shall not apply in the event of a supply or organisation of another person acting as a nominal shareholder on behalf of another person, in the case of a company whose securities are admitted to trading or in another In a member of the Economic Area ( EEA State ) To be admitted to trading.
This Act shall not apply to the exercise of the duties of a judicial assistant or of the counsel of the court. In addition to the tasks relating to the legal proceedings, the legal representation of the client and of the pleadings in this Act shall be legal advice on the legal position of the client in the event of a criminal offence or In the pre-litigation stage, or the initiation or avoidance of a trial.
For the purposes of this law:
(1) Money laundering Criminal law (39/1889) The activities referred to in Articles 6 to 10;
(2) Terrorist financing Article 34 (5) of the Penal Code The activities referred to;
(3) Reporting obligation The entities and traders referred to in Article 2 of this Act;
(4) Identification The identification of the customer on the basis of the information provided by the customer;
(5) Identity verification, Ensuring the identity of the client on the basis of documents or information from a reliable and independent source;
(6) The beneficial owner The natural person to whom the transaction is carried out or, where the customer is a legal person, the natural person controlled by the customer.
A natural person shall be deemed to have control when he has:
(1) more than 25 % of the voting rights produced by shares or units, and this number is based on ownership, membership, statutes, articles of association or comparable rules, or any other agreement; or
(2) the right to appoint, or dismiss, a majority of the members of an undertaking or of a Community institution, or an institution comparable to it, or an institution with equivalent right, and that right shall be based on the same elements as referred to in paragraph 1; Number of votes.
In order to identify the customer, the reporting obligor must comply with the provisions of this Chapter.
If the obligation to notify the customer is not possible, the reporting obligation shall not be based on the obligation to establish a customer relationship or carry out a transaction. In addition, if the conditions laid down in Articles 23 and 24 are met, the reporting obligation shall be notified to the financial intelligence unit referred to in Article 35.
The reporting obligation shall include adequate methods of the risk management of money laundering and terrorist financing, in relation to the nature and scope of the reporting obligation. When assessing the risks of money laundering and terrorist financing, the reporting obligation shall take into account money laundering and money laundering related to its activities, products, services, technology developments, customers and activities and activities. The risks of terrorist financing ( Risk-based assessment ).
The customer due diligence measures provided for in this Chapter shall be based on a risk-based assessment basis throughout the customer relationship.
The notifying authority shall be able to demonstrate to the supervisory authority referred to in Article 31 or to ensure that the methods of customer knowledge and continuous monitoring of the customer provided for in this law are adequate for money laundering and The risk of terrorist financing.
The notifier shall identify its customers and verify the identity of the customer:
(1) the establishment of a stable customer relationship;
(2) where the size of the transaction to be carried out or the size of the connected transactions amount to a total of eur 15 000 or more and is adventitious;
3) in gaming activities;
(4) in the case of a suspicious transaction, or if the reporting obligation suspects the funds included in the transaction to finance terrorist financing or to the undertaking which is punishable by it; or
(5) if the reporting obligation suspects the reliability or adequacy of the identity of the verified customer's identity.
By way of derogation from paragraph 1, in a gambling operation other than a gambling operation, the customer shall be identified and his identity verified if the cash input provided by the player is one of the direct or inter-linked contributions. At least eur 3 000.
If someone acts on behalf of a client ( Representative ), the reporting obligation should identify and, where appropriate, verify the identity of the representative.
The reporting obligation shall identify the client and verify the identity of the client when the customer relationship is established or, at the latest, before the customer has control over the assets or other assets contained in the transaction or before the transaction is Completed.
Where, in the cases referred to in paragraph 1, the identification of the customer and the verification of the identity of the customer arise, the aggregate value of the individual transactions shall be at least eur 15 000 or, in the cases referred to in paragraph 2, 3 000 The euro, the identity shall be verified when the mentioned limit is reached.
The obligation to recognise also provides for information on the payer accompanying transfers of funds by Regulation (EC) No 1781/2006 of the European Parliament and of the Council, hereinafter referred to as: Payer information-regulation .
The notifier shall identify the actual beneficiary and, where appropriate, verify his identity.
However, the actual beneficiary is not required to be identified if the customer is a company or entity whose securities are in the securities market (445/1989) Or the subject of trading in another EEA State. In addition, the actual beneficiary is not required to be identified if the customer is a company or entity whose securities are traded in a non-EEA State for trading in the same way as trading in the same way, and if the company or the entity is subject to disclosure requirements, Which is responsible for markets in financial instruments and amending Council Directives 85 /611/EEC and 93 /6/EEC and Directive 2000 /12/EC of the European Parliament and of the Council and repealing Council Directive 93 /22/EEC Council Directive 2004 /39/EC, hereinafter referred to as Financial instrument market directive , the obligation to provide information.
The credit institution is not required to identify the beneficial owner of a lawyer or other legal service in another EEA State, provided that the identity of the beneficial owner is the credit institution 's At its request.
In addition, a credit institution does not need to identify the beneficial owner of a lawyer or other legal service in a Member State other than the EEA State, if:
(1) at the request of the credit institution, the identity of the beneficial owner is available; and
(2) any lawyer or other legal service provider shall be subject to the obligations of this law and shall be subject to compliance with those obligations.
In addition, the credit institution does not need to identify any legal or legal counsel or any lawyer or other legal service to carry out the tasks excluded from the scope of this Act. The beneficial owners of customer reserve accounts.
The reporting obligation shall provide information on the activities of its client, the nature and extent of this business and the criteria for the use of the service or the product.
The reporting obligation shall provide adequate monitoring of the quality and extent of the customer's activities and the risk to ensure that the customer's activity is consistent with the experience and information which the customer and his client have in relation to the client and his/her client. Activities.
In particular, the declarant shall pay particular attention to transactions which are different from the normal nature of the structure or the size of the reporting obligation or the place of establishment. Similarly, if transactions do not have a clear economic purpose or are incompatible with the experience or information which the declarant has on the client. Where necessary, the origin of the financial assets must be determined.
Information on the customer's knowledge shall be kept in a reliable manner for a period of five years from the end of a permanent customer relationship. In the event of a random transaction involving more than eur 15 000 or more than eur 3 000 in the cases referred to in Article 7 (2), the information on the customer's knowledge shall be kept for a period of five years from the date of the transaction.
The information on the customer's knowledge shall be kept:
(1) name, date of birth and identification number;
(2) the name, date of birth and identification number acting as the representative;
(3) the full name, registration number, date of registration and the registration authority of the legal person;
(4) the full names, dates of birth and nationality of the members of the legal entity or of the responsible party body;
(5) the scope of the legal entity;
(6) the name, date of birth and identification of the beneficial owner;
(7) the name of the document used for the verification of identity, the document number or other identifier and the issuer, or a copy of the document;
(8) where the customer is remotely identified, the information on the procedure or sources used for the verification;
9) For the purposes of Article 9 (1), the information required to identify the customer, such as information on the activities of the client, the nature and extent of the business, the financial position, the criteria for the use of the transaction or service, and information on the assets Origin; and
(10) Essential information obtained in order to fulfil the obligation to provide a declaration provided for in Article 9 (3).
In addition to the information provided for in paragraph 2 of this Article, if the customer is a foreigner without a Finnish social security number, the information on the customer's nationality and the travel document shall be kept.
The obligations relating to the customer's knowledge may be fulfilled by a credit institution, a financial institution, a management company, an investment firm, an investment firm, a payment institution, an insurance company, an insurance intermediary, a lawyer or an auditor, An authorisation or registration in a compulsory professional register in Finland or in another EEA State or an alternative fund manager who has been authorised in Finland or in another EEA State. Such obligations may also be accepted by a credit institution, financial institution, investment firm or an EEA branch of an EEA State which has been authorised in a non-EEA State. (17/04/2013)
In addition to the provisions of paragraph 1, customer due diligence obligations may also be met by a credit institution, financial institution, alternative fund manager, investment firm, insurance company, lawyer or An auditor who has been authorised or registered in a compulsory professional register in a Member State other than the EEA State where it is subject to the obligations of the client and is subject to compliance with this law. (17/04/2013)
By way of derogation from paragraphs 1 and 2, the obligation to notify cannot be accepted by a payment institution which, as the principal payment service, provides financial intermediation within the meaning of the law on payment institutions, and the exchange of foreign currency is not fulfilled. (30.4.2010/303)
The reporting obligation shall ensure that, before the transaction is carried out, the information referred to in Article 10 (2) (1) to (8) is authorised by Article 10 (2) (1) to (8). In addition, the reporting obligation shall ensure that all information on the customer's knowledge is made available to the declarant and that it is submitted on its behalf to the reporting person at the request of this person.
In accordance with Article 9 (2), the notifying party shall continuously monitor the customer relationship which the customer has identified on its behalf.
The obligation to notify shall not be free of responsibility under this Act, on the grounds that, on behalf of the reporting obligor, the obligations relating to the customer's knowledge have been fulfilled on its behalf.
Where the customer, product, service or transaction is associated with a low risk of money laundering and terrorist financing, the obligation to notify does not need to be governed by Articles 7 and 8, Article 9 (1) and Article 10 ( Simplified customer due diligence procedure ). However, the customer relationship shall be monitored within the meaning of Article 9 (2) in order to ensure that the reporting obligation identifies exceptional or unusual transactions within the meaning of Article 9 (3).
A simplified customer due diligence procedure may be followed if the customer is:
1) the Finnish authority;
2) a credit institution authorised in Finland or in another EEA State, a financial institution, an investment firm, a payment institution, a management company, an alternative fund manager or an insurance company;
(3) a credit institution, a financial institution, an investment firm, an investment firm, an alternative fund manager or an insurance company governed by the obligations of the EEA State, which is subject to the obligations of this law, Compliance; or
4) a branch of a credit institution, financial institution, investment firm or insurance company authorised in a Member State other than the EEA State.
The obligation of notification may be in accordance with a simplified customer due diligence procedure if the customer is a company or entity whose security is the subject of public trading in the securities market or in another EEA State Or where the customer is a company or an entity whose security is traded in a non-EEA State for trading in public trade and the company or entity is subject to a disclosure obligation, which is equivalent to: The obligation to provide information as provided for in the Directive on financial instruments.
The notification of a simplified customer due diligence procedure may be carried out if the contract order concerns:
(1) insurance with a premium of up to eur 1 000 for the period of insurance, or a maximum of eur 2 500 for the collection fee;
(2) statutory occupational pension insurance or business pension insurance which does not involve a repurchase order and cannot be used as collateral; or
(3) as a pension benefit, a pension, retirement or equivalent scheme to be offered to workers, whose contributions are deducted from pay and whose rules do not allow the Member to transfer the benefits received.
If an electronic data tool that cannot be reloaded, the electronic money referred to in the payment institution bill shall be stored up to a maximum of EUR 250 or if the rechargeable electronic data tool is deposited in the same calendar year Up to a maximum of eur 1 000, the obligation to notify the simplified customer due process.
The reporting obligation shall comply with the customer's knowledge-related behaviour in a more efficient manner, where the customer, service, product or transaction is associated with a higher risk of money laundering or terrorist financing, or where the customer or The transaction is linked to a State which does not meet international obligations under the system of prevention and settlement of money laundering and terrorist financing.
If the customer is not present when the identity and identity are verified ( Distance identification ), with a view to reducing the risk of money laundering and terrorist financing:
(1) verify the identity of the customer by acquiring additional documents or information from a reliable source;
(2) ensure that the transaction related to the transaction comes from the credit institution's account or is paid into an account that was previously opened in the name of the client; or
(3) verify the identity of the customer through a strong electronic identification and electronic signature law; (19/2009) By means of an identification instrument or a quality certificate, or by means of other electronic identification technology, which is information security and evidence. (7.8.2009/621)
Where a credit institution makes payments and other orders for the management of contracts ( Correspondent banking relationship ) A credit institution prior to the conclusion of an agreement with a credit institution located outside the EEA State shall provide sufficient information on the credit institution acting as counterparty.
The credit institution shall assess the quality of the credit institution's credit institution and its quality of supervision, as well as measures to prevent money laundering and terrorist financing. The credit institution's senior management shall approve the initiation of the correspondent banking relationship. The contract should expressly agree on the fulfilment of the customer's duties.
Where an investment firm, a payment institution, a management company, an alternative fund manager or an insurance company makes an arrangement corresponding to paragraph 1 of the contract, the reporting obligation shall comply with the provisions of this Article. (17/04/2013)
The obligation to notify must have appropriate risk-based assessment procedures to establish whether the customer or has been in another State in a significant public task ( Politically exposed person ).
If the client is or has been a politically exposed person or is a member of the family of such a person or person known to be a close associate of such a person:
(1) the obligation to start a customer relationship with such a person shall be approved by the reporting authority;
(2) an obligation to report on the origin of assets and assets relating to the relationship or transaction in question; and
(3) the reporting obligation shall provide continuous and enhanced surveillance of the customer relationship.
The person is no longer regarded as a politically exposed person when he has failed to play a significant public role in at least a year.
The credit institution, the financial institution, the investment firm, the payment institution, the management company, the AIFM, the insurance company, the insurance company, the insurance intermediary and the insurance intermediary shall comply with the customer's knowledge of the In a branch other than that in the EEA State. In addition, the reporting obligation referred to above shall ensure that the obligations laid down in this Chapter are also complied with in a company other than the EEA State, whose shares or units producing the voting rights The reporting obligation has more than 50 %. (17/04/2013)
Where the legislation of that State does not allow the customer to comply with the procedures laid down in this Chapter, the reporting obligation shall inform the supervisory authority referred to in Article 31.
The Decree of the Council of State may provide for more detailed procedures for the fulfilment of the obligations laid down in Articles 6 to 9 and Articles 11 to 21.
The decree of the Council of State may provide for more detailed provisions necessary for the implementation of the Third Money Laundering Directive and the Commission Implementing Directive for the customers, products, services or transactions referred to in Article 12 Is associated with a low risk of money laundering or terrorist financing within the meaning of Article 17, and the procedures to be followed in these situations, and on who can be considered politically As a powerful person.
The State Council may establish a list of non-EEA States whose provisions on the prevention and detection of money laundering and terrorist financing fulfil the conditions laid down in Article 8 (4) and (5), Article 11 (2) and Article 13. Accordingly, a decision of the General Council may establish a list of States whose provisions on the prevention and detection of money laundering and terrorist financing do not correspond to those referred to in Article 17 International obligations.
After completing the declaration of credit provided for in Article 9 (3), the declarant shall immediately inform the financial intelligence unit of a suspicious transaction or of the suspicion of terrorist financing. The pawn shop shall inform the financial intelligence unit if it is a significant financial asset.
The notification shall normally be made by electronic means. For specific reasons, the notification may also be made in any other way.
The reporting obligation shall provide the financial intelligence unit free of charge to the financial intelligence unit with all the necessary information and documents which may be relevant in order to establish the suspicion.
For a period of five years, the reporting obligation shall keep the necessary information provided for the purpose of performing the notification requirement provided for in this Article. The information shall be kept separate from the customer register. The information shall be deleted after a period of five years from the date of the notification, unless the retention of the data is necessary in order to safeguard the criminal investigation, the pending trial, or the rights of the declarant or its service. The need for further data retention shall be examined no later than three years after the review of the need to maintain the previous data. A marking shall be made on the review.
The data subject does not have the right of access to the information obtained in accordance with Article 9 (4) or Article 9 (3). The Data Protection Supervisor may, at the request of the data subject, verify the legality of the data relating to the registration referred to in paragraph 4 and in Article 9 (3).
The General Council Regulation lays down more detailed provisions on the precise structure and content of the notification. (30.12.2013/1185)
If the customer has a connection to the State whose money laundering and terrorist financing and settlement system does not meet international obligations, the reporting obligation shall be submitted in order to comply with the enhanced notification obligation The financial intelligence unit, if:
(1) the customer does not provide any clarification required to fulfil the obligation to provide a declaration;
(2) according to the reporting obligation, the report is unreliable;
(3) where the reason for the transaction and the origin of the funds is not sufficiently clear on the basis of the reporting obligation;
(4) the legal person cannot be identified; or
(5) the actual beneficiaries or the person on whose behalf the customer is acting cannot be identified or reliably identified.
The notification referred to in paragraph 1 shall otherwise be subject to the notification of a suspicious transaction under Article 23 (2) to (5).
The notification of the notification referred to in Articles 23 and 24 shall not be disclosed to the person concerned by the suspicion or to any other person. The obligation of professional secrecy shall also apply to the person employed by the reporting obligation and to the person who has received confidential information under this Article.
Notwithstanding paragraph 1, the reporting obligation shall be disclosed to the effect that the notification referred to in Articles 23 and 24 has been made and information on the content of the notification in the law on the supervision of financial and insurance groups (699/2004) For the same financial and insurance group in Finland or in another entity authorised in the EEA State. Similarly, information may be disclosed to the entity authorised in a non-EEA State belonging to the same financial and insurance group, where the Community is subject to the obligations of this law and the Community is subject to such obligations. Compliance.
Notwithstanding paragraph 1, the reporting obligation shall be disclosed to the effect that the notification referred to in Article 23 or Article 24 has been made to the notification requirement referred to in Article 2 (1) to (7) of the EEA State, and A payment institution involved in a single transaction related to the client and the transaction to which the notification relates. Under the same conditions, information may be disclosed to the notification obligation referred to in paragraphs 1 to 7 of Article 2, other than those referred to in paragraphs 1 to 7 of the EEA State, if the addressee of the information is subject to the obligations of this law and the Community And Directive 95 /46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data Personal data protection obligations. (30.4.2010/303)
Upon disclosure of the information referred to in paragraph 3, the customer's name, date of birth, identification number and the statement of reasons shall be given. If you do not have a Finnish social security number, you may also be informed of the nationality of the person concerned.
Information obtained under this section shall only be used to prevent and determine the financing of money laundering and terrorist financing. The information received shall be subject to the provisions of Article 23 (4) and (5) on the retention and verification of data.
The declarant shall suspend the transaction for further clarification or refuse the transaction if:
(1) a suspicious transaction; or
(2) the obligation to notify the funds in the transaction to the financing of terrorist activities or to the undertaking which is punishable by it.
If the transaction cannot be excluded, or where the suspension or refusal of the transaction is likely to make it more difficult to identify the beneficial owner of the transaction, the reporting obligation may be carried out on the basis of which The notification referred to in Article 23 shall be made immediately.
A police officer who works at the financial intelligence centre may make an obligation to notify an obligation to refrain from carrying out transactions for a maximum period of five working days if such restraint is necessary for money laundering or To prevent or clarify the financing of terrorism.
At the request of the authority responsible for combating money laundering or terrorist financing, a police officer who works at the financial settlement centre may, at the request of the authority responsible for combating money laundering or terrorist financing, issue an obligation to hold a transaction For a maximum period of five working days, if such abstinence is necessary to prevent or clarify money laundering or terrorist financing;
The weekdays referred to in this article do not include Saturdays.
A currency exchange operation shall be carried out before the commencement of operations. The obligation to register shall not apply to activities carried out on an occasional or very limited basis and complying with the conditions referred to in Article 4. (30.4.2010/303)
Applicants fulfilling the conditions of registration shall be entered in the register. The registration of the register shall be conditional on the fact that the report from the applicant is considered reliable. The applicant shall not be considered reliable if the applicant is a natural person or a member of the Board of Directors of the Community or of the Foundation or of the Foundation, the Executive Director, the responsible company man or any other comparable or During the last five years, the actual beneficiary has been sentenced to a prison sentence or, in the last three years, a fine for a criminal offence which may be regarded as proving to be manifestly inappropriate; Payment business or currency exchange operations. In addition, the applicant is not considered to be reliable if, otherwise, in his previous activities he has shown that it is manifestly inappropriate to conduct business or currency exchange operations.
The application shall be made to the Regional Administrative Agency. The content of the application is governed by the Council Regulation. (22.12.2009)
Before the start of the operation, the asset management and business service provider must register. The obligation to register does not apply to lawyers, auditors and their assistants.
Applicants fulfilling the conditions of registration shall be entered in the register. The registration of the register shall be conditional on the fact that the report from the applicant is considered reliable. The applicant shall not be considered reliable if the applicant is a natural person or a member of the Board of Directors of the Community or of the Foundation or of the Foundation, the Executive Director, the responsible company man or any other comparable or During the last five years, the actual beneficiary has been sentenced to a prison sentence or, in the last three years, a fine for a criminal offence which may be regarded as proving to be manifestly inappropriate; To act as a provider of asset management and business services. Moreover, the applicant is not considered to be reliable if, otherwise, through his previous activities he has shown that he is manifestly unfit to act as a provider of asset management and business services.
The application shall be made to the Regional Administrative Agency. The content of the application is governed by the Council Regulation. (22.12.2009)
The Office shall keep a register of foreign exchange operations (foreign exchange register) and asset management and business service providers (Register of Business Services). The currency exchange register shall be kept for the purposes of monitoring compliance with the provisions of this law by the operators of currency exchange operators and the business services register. (30.4.2010/303)
The Currency Exchange Register and the Business Services Register shall record: (30.4.2010/303)
(1) the full name and identity of the private trader or, in the absence thereof, the date of birth and nationality as well as the name of the business name, the grant name, the company and the Community logo and the business address of each establishment where the activity is carried out;
(2) the name of the Finnish legal person, the potential aid name, the company and community symbol and the business address of each establishment where the activity is carried out;
(3) the name of the branch of a foreign legal person registered in Finland, the company and community symbol and the business address of each establishment where the activity is carried out;
(4) the name and identity of the representative of the branch and, in the absence of this, the date of birth and nationality;
(5) persons whose reliability is complete, in accordance with Articles 27 and 28, full names, personal identification numbers or, in the absence thereof, date of birth and nationality;
(6) registration and date of registration; and
7) the cause and date of removal from the register.
The register shall also include information on those who have been ordered to carry out activities without registration under Article 33.
Any changes to the information entered in the register shall be notified without delay to the Regional Administrative Agency.
The regional administrative office shall withdraw from a foreign exchange register or a business service register if the registrant no longer fulfils the conditions for registration or has ceased operations. Before removal from the register, registration shall be given an opportunity to be heard.
Compliance with this law and the provisions adopted under it shall be monitored:
1) Financial supervision as regards the credit and financial institution referred to in Article 2 (1) and the reporting obligations referred to in paragraphs 4 to 8, 10 to 13, 20 and 20a; (30.12.2010/1368)
2) The gambling community referred to in Article 2 (14);
3) the gambling community referred to in Article 2 (15) of the Åland Islands;
(4) The audit control of the Patents and Registration Board as referred to in Article 2 (17) and (18); (18.09.2015/1151)
L to 115/2015 Paragraph 4 shall enter into force on 1 January 2016. The previous wording reads:
(4) The Audit Board of the Central Chamber of Commerce and the Audit Committees of the Chamber of Commerce for their supervision by the statutory auditor and audit firm;
Paragraph 5 has been repealed by L 18.9.2015/1151 , which enters into force on 1 January 2016. The previous wording reads:
(5) the reporting obligation referred to in Article 2 (18) of the Public Administration and Finance Audit Board;
(6) as regards the reporting obligation referred to in Article 2 (9) and (23); (30.4.2010/303)
(7) For the purposes of Article 2 (1), the Office of the Regional Administrative Board, other than a credit or financial institution, other than an investment firm within the meaning of Article 2 (3), as referred to in Article 2 (3), The obligation to notify and other legal services referred to in Article 2 (24); and (30.4.2010/303)
8) lawyers' associations, as referred to in Article 2 (24).
The Regional Administrative Agency shall have the right, notwithstanding the confidentiality rules, to obtain the information necessary to monitor compliance with this law and the provisions adopted pursuant to paragraph 1 (6). The same right shall be the same as for the reporting obligations referred to in paragraph 1 (7).
The Regional Administrative Agency shall have the right to secrecy without prejudice to the (672/2002) Article 46 For the purpose of checking the reliability of the register provided for in Articles 27 and 28 or for the deletion of the register referred to in Article 30.
The supervisory authority referred to in paragraph 1, the supervision or savings bank (1502/2001) , as well as the Law on Cooperative Banks and Other Credit Institutions, (1504/2001) , the central entity of the cooperative banks shall inform the financial intelligence unit if it detects a suspicious transaction on the basis of the surveillance carried out or otherwise indicated in connection with the performance of its tasks. Or suspects the financing of terrorism or its punishable activity.
Paragraph 5 has been repealed by L 30.4.2010/303 .
L cooperative banks and other cooperative credit institutions 1504/2001 Has been repealed by L in respect of cooperative banks and other cooperative credit institutions 423/2013 . See. L Financial supervision Chapter 3 878/2008 . See also L for public authorities 621/1999 Chapter 7 .
The relevant official of the Regional Administrative Agency shall have the right to supervise compliance with this law and the provisions adopted thereunder in order to carry out an inspection in the Register of Movement and Storage in the Register referred to in Article 29. (30.4.2010/303)
The relevant official of the Office of the Regional Administrative Agency shall be entitled to check compliance with this law and the provisions adopted pursuant to it pursuant to Article 2 (16), (19), (21) and (22), and the other The provision of legal services and the non-credit and financial institution referred to in Article 2 (1), as well as the business and storage facilities of the investment firm referred to in Article 2 (3). (30.4.2010/303)
For inspection purposes, the trader shall allow the official referred to in paragraphs 1 and 2 to the store and storage facilities in his administration. The official supplying the inspection shall be entitled to inspect the trader's records, records of data processing and any other documents which may be relevant for the enforcement of this law or of the provisions adopted pursuant to it. The official supplying the inspection shall have the right to require oral explanations on the spot and to record the answers received.
If necessary, the police shall, on request, provide assistance in order to carry out the inspection referred to in paragraphs 1 and 2 as expressly provided for.
The inspection referred to in this Article shall not be carried out on the premises of domestic peace.
Where the provider of a currency exchange or the asset management and business services fails to comply with the obligation to register or continue to pursue activities prohibited by the registration, or the removal from the register shall continue Its activities, the Regional Administrative Agency may prohibit it from continuing its activities. In the event of non-compliance with the information entered in the register, the Office may call upon the competent authority to fulfil its obligations within the time limit. (30.4.2010/303)
The Regional Administrative Agency may impose a periodic penalty payment on the prohibition or request referred to in this Article. The imposition and imposition of a periodic penalty payment shall be laid down in the (1113/1990) .
The notifying party shall ensure that its employees receive appropriate training in order to ensure compliance with this law and the provisions adopted pursuant thereto.
The notifier shall take appropriate and adequate measures to protect workers who make the notification referred to in Article 23 or Article 24.
In addition, the obligation to provide information on procedures for the knowledge of customers and compliance with the reporting and reporting obligations related to the prevention of money laundering and terrorist financing should be provided by the notifying party.
The Central Criminal Police has a financial intelligence unit with the task of:
1) prevention, detection and detection of money laundering and terrorist financing; (24/05/508)
(2) promoting cooperation between authorities in the fight against money laundering and terrorist financing;
(3) cooperation and exchange of information with the foreign government authorities and international organisations responsible for preventing and investigating money laundering and terrorist financing;
(4) cooperation with reporting obligations;
5) giving feedback on the impact of the notifications referred to in Articles 23 and 24;
(6) keeping statistics on the number of notifications under Articles 23 and 24 and the number of interruptions to transactions carried out pursuant to Article 26; (3.5.2013/327)
7. On the freezing of funds under the Law on the fight against terrorism (325/2013) Paragraph 3 The reception of notifications, clarification of the conditions of the freezing decisions referred to in Article 4 of that law and the conclusion of the freezing decisions. (3.5.2013/327)
The prevention, detection and detection of money laundering and terrorist financing refers to the receipt, deposit and other treatment of suspicions of money laundering and terrorist financing, as well as to money laundering, The prevention, detection and detection of terrorist financing and the crime in which the property or criminal proceeds of money laundering or terrorist financing are obtained or obtained. (24/05/508)
The Central Criminal Police should report annually to the Police Board on the activities of the financial intelligence unit, the declarations and orders referred to in Articles 23 and 24 of the number of transactions, money laundering and terrorism The general progress of anti-financing activities in Finland. (22.12.2009)
For the purpose of preventing and clearing the financing of money laundering and terrorist financing, a permanent register of personal data shall be kept for the purposes of the financial intelligence unit. The controller is a clearing house.
The register may contain the information and documents obtained pursuant to Article 35 and the necessary information and documents obtained pursuant to Article 37.
The register of the prevention and detection of money laundering and terrorist financing shall only be used by the staff of the FIU. Information may be used and disclosed only in order to prevent and investigate money laundering and terrorist financing.
Personal data shall be provided with a full name, date of birth, identification number, gender, mother tongue, nationality, nationality, country of birth, birth, domestic, profession, address and telephone number or other contact information, information Information on the person's death and the person's travel document.
The data subject does not have the right of access to the data referred to in Article 35 (1) (7) of the register. The Data Protection Supervisor may, at the request of the data subject, verify the legality of the data relating to the data subject. (3.5.2013/327)
The data shall be deleted from the register ten years after the final entry for the laundering of money laundering or terrorist financing.
The police records of the police are otherwise provided for in the law on the processing of personal data (761/2003) .
The Financial Reporting Centre shall have the right to receive from the Authority and the public office, as well as the information and documentation necessary for the prevention and detection of money laundering and terrorist financing. Without prejudice to the confidentiality of information on business and professional secrecy or the financial circumstances, financial position or tax information of the individual, entity or foundation. (30.12.2013/1185)
The acquisition of confidential information within the meaning of paragraph 1 shall be carried out by a police officer working in the clearing centre.
The clearing centre shall have the right to receive free of charge from the private entity, the Foundation and the staff of the police officer working at the Centre for the Prevention of Money Laundering and Terrorist Financing, and Without prejudice to the obligation of professional secrecy, the Member State of the Community, the auditor, the savings auditor, the member of the Board of Directors or the employee.
The information referred to in paragraphs 1 and 3 may be disclosed to the financial intelligence unit by means of a database or a technical service. (30.12.2013/1185)
The information received may be used and disclosed, notwithstanding the provisions of confidentiality, only in order to prevent, detect and clarify money laundering and terrorist financing. In addition, information may be handed over to the Ministry of Foreign Affairs by the Ministry of Foreign Affairs pursuant to Article 9 of the Law on the freezing of assets and the duties conferred on him by Article 14 of that Act and of certain Of the Law on the fulfilment of the laws of the Member States and of the European Union (659/1967) In order to fulfil their duties. (24/05/508)
The transmission of the information referred to in paragraph 5 shall be made by a police officer who works in the financial intelligence unit. (24/05/508)
The intelligence or content of an enquiry carried out on the basis of the information law referred to in paragraphs 1 and 3 above shall not be divulged to the object of the enquiry. The maintenance and verification of intelligence and the subsequent verification of the response shall be in force, as provided for in Article 23 (4) and (5). (30.12.2013/1185)
Notice on the right of the object of the notification to be informed of the person's right to be informed of the public authorities' activities (18/09/1999) By law. (24/05/508)
The customs, border guards, tax and enforcement authorities and the bankruptcy trustee shall ensure that their activities are taken into account in the prevention and detection of money laundering and terrorist financing, as well as in the performance of their duties. The suspicion of the financing of suspicious transactions or terrorist financing to the financial intelligence unit.
A police officer who works at the financial intelligence unit may entrust the customs authority with the order to arrest the customs authority and the border guard authority for the arrest of border inspection or border control For a maximum period of five working days, where such a measure is necessary to prevent or clarify money laundering or terrorist financing. The weekdays referred to in this article do not include Saturdays. The assets to be withheld refer to cash as defined in Article 2 of Regulation (EC) No 1889/2005 of the European Parliament and of the Council on the control of cash entering and leaving the Community.
The role of the Customs and Border Protection Authority as a pre-trial authority shall be determined separately.
The obligation to declare shall be liable to compensate the customer for the purpose of liquidation of the transaction, the disclosure of suspicious transaction or the suspension of the transaction or the refusal of the transaction only if: The obligation to notify has not respected the degree of care which, in the light of the circumstances, may reasonably be required.
As regards the settlement of damages and the division of liability between two or more liable parties, the (1999) Chapters 2 and 6 provide.
Anyone who intentionally or negligently infringes the obligation laid down in Articles 6 to 9 or 17 to 21 to maintain the customer's knowledge of the obligation provided for in Article 10, must be condemned, Violation of the obligation to know Fine, unless the law provides for a heavier penalty in the rest of the law.
Every deliberate or gross negligence
(1) fails to comply with the registration obligation laid down in Articles 27 or 28;
(2) continue to carry out activities prohibited by registration; or
(3) removed from the register;
Must be condemned On the infringement; Fine, unless the law provides for a heavier penalty in the rest of the law.
Anyone who violates a penalty or a call for a penalty payment under Article 33 cannot be punished for the same offence.
In breach of the prohibition laid down in Article 25, either intentionally or negligently, in breach of the prohibition laid down in Article 25, fails to comply with the obligation to clarify the obligation laid down in Article 9 (3), Whereas, therefore, the existence of a reporting obligation referred to in Article 23 or Article 24 must be condemned; On the notification of money laundering Fine.
The Financial Control Act (878/2008) in Chapter 4 Shall be imposed on the credit institution and the investment firm as laid down in Chapter 20 of the Law on credit institutions and in Chapter 15 of the Investment Services Act.
The decision of the Regional Administrative Board shall be subject to appeal by the administrative court in accordance with the administrative law (18/06/1996) Provides.
The decision on the removal of the register referred to in Article 30 and of the prohibition of action referred to in Article 33 shall be subject to appeal by the Court of Justice as laid down in the Law on Administrative Law. An appeal against any other decision of the administrative court may be lodged only if the Supreme Administrative Court grants an appeal.
The decision to withdraw from the register referred to in Article 30 and the decision on the prohibition of action referred to in Article 33 shall, in spite of an appeal, be complied with, unless the appeal authority decides otherwise.
L to 22/2015 Article 44 enters into force on 1 January 2016. The previous wording reads:
The decision of the Regional Administrative Agency shall be subject to appeal in the form of a rule of administrative law (18/06/1996) Provides.
The decision to withdraw from the register referred to in Article 30 and the decision on the prohibition of action referred to in Article 33 shall, in spite of an appeal, be complied with, unless the appeal authority decides otherwise.
This Act shall enter into force on 1 August 2008.
This Act repeals the Law of 30 January 1998 on the prevention and detection of money laundering (1998) With its subsequent modifications.
Before the law enters into force, measures may be taken to implement the law.
This law shall also apply to a customer relationship which began before the entry into force of this Act. In such a client relationship, the customer's knowledge of the customer's knowledge, as provided for in Chapter 2, may be based on a risk-based assessment as referred to in Article 6 (3). The reporting obligation shall bring the risk management methods referred to in Article 6 (3) to comply with this law within 12 months of the entry into force of this Act.
Any activity requiring registration under this Act and which has submitted an application for registration as referred to in Article 27 or 28 within six months of the date of entry into force of this Act may continue to operate without the entry into force of this Act. Registration until the matter of registration has been settled.
THEY 25/2008 , HaVM 8/2008, EV 77/2008This Act shall enter into force on 1 January 2009.
THEY 66/2008 , TaVM 20/2008, EV 109/2008
This Act shall enter into force on 1 September 2009.
THEY 36/2009 , LiVM 12/2009, EV 90/2009
This Act shall enter into force on 1 January 2010.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 161/2009 , HVM 18/2009, EV 205/2009
This Act shall enter into force on 1 May 2010.
By virtue of Article 52 (2) of the Law on Payment Institutions, this law is applicable to the payment service, as applicable to the payment institution and pursuant to Article 52 (5) of that Law, as applicable to the payment service, as applicable to the payment service. The person referred to in Article 7 of the Payment Institutions Act.
Financial supervision shall monitor compliance with this law and the provisions adopted pursuant to it with regard to the service providers referred to in paragraph 2. The powers of financial supervision in the exercise of the supervision provided for in this paragraph shall apply, as provided for in the Law on Financial Supervision, as provided for by the Financial Supervisory Authority, in the supervision of the other financial markets.
Within two months of the entry into force of this Act, the Regional Administrative Agency shall transfer the information on the payment services to the Financial Supervisory Authority in the currency exchange register.
THEY 172/2009 , TaVM 5/2010 EV 39/2010
This Act shall enter into force on 31 December 2010.
THEY 127/2010 , TaVM 33/2010, EV 260/2010, Directive 2009 /111/EC of the European Parliament and of the Council (32009L0111); OJ L 302, 17.11.2009, p. Directive 2010 /76/EU of the European Parliament and of the Council (32010L0076); OJ L 329, 14.12.2010, p. 3 TO 35
This Act shall enter into force on 1 August 2011.
THEY 2/2011 , TaVM 1/2011, EV 3/2011, Directive 2009 /110/EC of the European Parliament and of the Council (32009L0110) OJ L 267, 10.10.2009, p. 7-17
This Act shall enter into force on 31 December 2011.
THEY 113/2011 , TaVM 10/2011, EV 100/2011, Directive 2009 /65/EC of the European Parliament and of the Council (32009L0065); OJ L 302, 17.11.2009, p. 32, Commission Directive 2010 /43/EU (32010L0043); OJ L 176, 10.7.2010, p. 42, Commission Directive 2010 /44/EU (32010L0044); OJ L 176, 10.7.2010, p. 28, (corrected by OJ L 179, 14.7.2010, p. 16), Directive 2010 /78/EU of the European Parliament and of the Council (32010L0078); OJ L 331, 15.12.2010, p. 120
This Act shall enter into force on 1 January 2013.
THEY 32/2012 , TaVM 11/2012, EV 117/2012
This Act shall enter into force on 1 June 2013.
THEY 61/2012 , HaVM 3/2013, EV 41/2013
This Act shall enter into force on 1 January 2014.
THEY 66/2012 , HVM 26/2013, EV 216/2013
This Act shall enter into force on 15 March 2014.
THEY 94/2013 , TaVM 38/2013, PeVL 43/2013, EV 4/2014, Directive 2011 /61/eu of the European Parliament and of the Council; (32011L0061); OJ L 174, 1.7.2011, p. 1
This Act shall enter into force on 15 August 2014.
THEY 39/2014 , TaVM 6/2014, EV 62/2014
This Act shall enter into force on 1 June 2015.
THEY 288/2014 , HaVM 44/2014, EV 280/2014
This Act shall enter into force on 1 January 2016.
In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.
THEY 230/2014 , LaVM 26/2014, EV 319/2014
This Act shall enter into force on 1 January 2016.
THEY 254/2014 , TaVM 34/2014, EV 371/2014
