Amendments To The Proceeds Of Money Laundering And Terrorist Financing Prevention Act

Original Language Title: Grozījumi Noziedzīgi iegūtu līdzekļu legalizācijas un terorisma finansēšanas novēršanas likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/249656


The Saeima has adopted and the President promulgated the following laws: amended Criminal money laundering and terrorist financing Prevention Act, to make the Crime of money laundering and terrorist financing Prevention Act (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 2008, no. 16; 2009, no. 2; Latvian journal, 2009, 196, 205. no; 2011, 60 no). the following amendments: 1. Express article 1 paragraph 6 by the following: "6) a credit institution, the Republic of Latvia, in another Member State or in a third country credit institution or a Member State, a third country credit institution's branch or representative office;". 2. Article 32: replace the first paragraph, the words "one or more of related transactions or from certain types of debit transactions in customer's account" with the words "one or more of related transactions or from certain types of debit transactions in customer's account (of the transaction); replace the second paragraph, the words "do business" with the words "from a transaction"; Express 2.1 part as follows: "(21) not later than five working days after the subject of the law received the message about abstinence from transaction, inspection service assesses the subject passed the law in the first part of the decision provided for in accordance with the provisions of the Act and the particular person or a particular legal limit is reasonable, and the order to continue or terminate the transaction, withdrawals. Order for inspection services, in accordance with which the law entity shall terminate abstinence from transaction, it is necessary to base. " replace the third paragraph in the introductory part, the words "to carry out a transaction or for abstention from certain types of debit transactions in customer's account" with the words "from a transaction"; Add to paragraph 1 of part b of the second sentence of the paragraph after the word "transaction" with the words "or a certain type of debit the customer's account"; turn off the third part in paragraph 2, the words "or from certain types of debit transactions in customer's account"; replace the third subparagraph of paragraph 3, the words "do business" with the words "from a transaction"; replace the eighth part of the introductory part, the words "or certain types of debit transactions in customer's account" with the word "made"; turn off the eighth part in paragraph 4, the words "or from certain types of debit transactions in customer's account". 3. Replace article 39 paragraph 2, second subparagraph, the words "do business" with the words "from a transaction". 4. Article 56: Supplement to article 1.1 part as follows: "(11) control service after the Attorney General or a specially authorised prosecutor from the point of view of the legality and reasonableness is assessed and accepted the authority of national security, this service provides the information about the person: 1) immigration law has requested a residence permit, and there is a reasonable suspicion that the person may pose a threat to national security or the public order and security and a possible link with a criminal money laundering or the financing of terrorism; 2) strategic movement in the procedure prescribed by law is required by the strategic product license, and there is a reasonable suspicion the person's suspicious transactions to strategic goods and the possible connection with criminal money laundering or the financing of terrorism. " to supplement the article with the third part as follows: "(3) control services at the financial and capital market Commission's request, provide to the statutory assessment of persons required on this service, information about the person concerned may be contributing to criminal money laundering or the financing of terrorism." 5. To supplement the law with the following chapter XIV: "chapter XIV Law subjects and control services of unreasonable and illegal activities caused damages of article 64. Unreasonable conduct (1) subject to the law is unreasonable, if at the time of adoption of the decision, it acted in good faith in accordance with the provisions of the Act, but later has one of this law, article 68 of the damages set out in legal rights. (2) inspection service action is unwarranted if it acted according to the provisions of this law, but later has one of this law, article 68 of the damages set out in legal rights. Article 65. Illegal conduct (1) subject to the law is illegal, if it does not comply with the provisions of this law. (2) inspection services is illegal if it, by ordering, violated the provisions of this law. 66. article. The loss is the loss of invaluable economic pametum that person brings to the control service or the subject of the law unreasonable or illegal activities. Article 67. Causation (1) the right to reimbursement of a loss occurs if the subject or between law inspection service is unreasonable or unlawful conduct and the damage caused by the person there is a direct causal link between the objective of the law subject or control services and generating action in time following the loss of injurious consequences, namely that action is the main factor that inevitably caused these effects. (2) a causal relationship does not exist, if the same loss would be incurred, not when someone from legal damages. 68. article. Damages the legal basis (1) damages the legal basis is as follows: 1) in accordance with article 32 of this law, the provisions of part 2.1 control service issued the order to end abstention from transactions; 2) according to article 32 of this law, third subparagraph, point 2 of the Act the subject of the inspection services issued a statement that this service is not found the basis for issuing this law article 32 of part three of the orders referred to in paragraph 1; 3) according to article 32 of this law, the fifth and the sixth part of the control service issued an order to cancel the order, issued in accordance with this law, article 32 paragraph 1 of part three; 4 the Attorney General or a specially authorised) the Prosecutor's decision to cancel control service order issued in accordance with article 32 of this law, or the third part 2.1 of part 1. (2) if the subject of the law acted unreasonably, the right to reimbursement of loss not arising from when it, in accordance with article 32 of this law, the second subparagraph is reported to the inspection services, until the inspection service in accordance with article 32 of this law 2.1 part ordered an end to abstinence from such transaction. Article 69. The Person is not entitled to ownership of full or partial reimbursement of a loss, get if it: 1) has used their knowledge, abilities and practical capabilities, as well as not done everything possible to prevent or reduce loss; 2 assess the transaction, obstructed), including not provided or not provided in a timely manner the information needed (required) for evaluation of the transaction, provided false information, have not been reachable declared residence or actual domicile (law entity is specified by its address), or registered address; 3) the other way caused himself injury or caused by such damage from occurring. 70. article. The quantum of damages to be (1) a Person shall be recoverable by such direct losses: 1) refrain from transactions or activities concerned, not as a result of the suspension of earnings; 2) default or as a result of the losses suffered by the delay; 3) other not mentioned in this article is direct loss as set forth in the civil code, and that person can show. (2) if the person as the taxpayer has been calculated for the period of the late when it illegally or wrongly was denied the opportunity to deal with the financial resources and the Attorney General or a specially authorised prosecutor decides on damages, to the person concerned the late deletes the law "About taxes and duties". 71. article. Determination of loss reimbursement claims (1) in determining the appropriate damages, the amount of the reimbursement shall take account of the legal entity or control the action of the service legal and factual reasons and motives, as well as the person's actions. (2) in determining the amount of the reimbursement of the damages, addition can also take into account other specific case essential conditions, if it is possible to objectively prove it. (3) loss, calculated in accordance with article 70 of the law and article 71 of the first and second parts of the regulations, to pay the following amount: 1) 100 percent — of the calculated amount or part of the amount not exceeding 100 000 lats; 2) 75 percent, of the estimated amount of the part exceeding 100 000 LVL but less than 1 000 000 lats; 3) 50 percent, of the estimated amount of the part exceeding 1 000 000 lats. (4) a Person to be paid compensation for the losses would not be subject to income tax and duty tax laws. 72. article. Procedures be submitted and examined the application for compensation of damages

(1) an application for the reimbursement of a loss of a person six months from this law, in article 68 such legal basis accession shall be submitted to the General Prosecutor's Office. The application shall specify: 1) — natural person applicant name, address and social security number, but if not, other information that enables you to identify a person or a legal person, the name, registration number and registered office; 2) claim; 3 reimbursement of loss) a legal basis and other facts that justify the right to reimbursement of a loss; 4) personal assurances that that person was not a free financial funds to the loss occurs fulfil their obligations; 5) or bank account postal account settlement system properties to which the reimbursement of damages payable; 6) Optional: other contact information (address, phone number, e-mail address). (2) the application shall be accompanied by the loss of supporting documents and other evidence. (3) the Attorney General or a specially authorised prosecutor within three months of receipt of the application for reimbursement of loss evaluated by the legal framework and decide on compensation and the amount of loss or refusal to pay the damages. If objective reasons it is not possible to comply with the three-month time limit, it may be extended to six months, informing the applicant in writing. If necessary, the Attorney General or a specially authorised prosecutor may request additional information. (4) For knowingly making false declarations to the General Prosecutor's Office of the person called to the statutory liability. 73. article. The Attorney General or a specially authorised prosecutor's decision and the validity (1) the decision on refusal of compensation or damages for the loss of pay in effect at the moment when it is notified to the applicant. (2) a Person does not agree with the Attorney General or a specially authorised prosecutor's decision on damages in case of loss, are entitled to 30 days to go to court in the civil procedure law. 74. article. Reimbursement of loss in the case of enforcement of a decision (1) after the entry into force of the Attorney General or a specially authorised prosecutor's decision on damages, the General Prosecutor's Office within three working days, send to the Ministry of Finance: 1 a copy of the decision); 2) information on personal data, bank or postal account system properties and contact information, if a person has indicated it. (2) after the entry into force of the Attorney General or a specially authorised prosecutor, General Prosecutor's Office of the decision within three working days 70. this law referred to in the second subparagraph of article for deletion late sends tax administration: 1 a copy of the decision); 2) information on personal data, stop the transaction amount and the time period in which the person was denied the chance to handle the funds. (3) the Ministry of Finance within one month of receiving all necessary information, the cost of reimbursement of a loss, moving it to the application specified in the bank or postal account settlement system. (4) the Ministry of finance in accordance with the reasoned decision loss compensation may be paid in instalments during the year after receiving all necessary information. This decision is final and appealable. (5) loss compensation paid from the State budget specifically for these purposes. 75. article. Overview of financial damages the Ministry annually (up to 15 January of the following year) shall prepare and submit to the Cabinet a report on all the Attorney General received during the relevant period, or specifically authorised the Prosecutor's decision on compensation from the State budget. 76. article. Law subject's liability (1) if the State pay the person subject to the law of unlawful act damages, reimbursement of the costs of the General Prosecutor's Office after draws against recourse to the law subject. (2) before the subrogation referral against the subjects of law, the Prosecutor shall notify it of the decision taken and calls the month voluntarily pay the damages. (3) the recourse procedures included in recoveries for the country in General. " 6. transitional provisions be supplemented with paragraph 9 and 10 by the following: "9. Article 70 of this law, second paragraph and article 74, paragraph 2 shall enter into force simultaneously with the amendments to the law" About taxes and duties ". 10. This law, 64, 65, 66, 67, 68 and 69 article 70, first paragraph article, 71, 72 and 73, article 74, article the first, third, fourth and fifth, and 75 article 76 shall enter into force on January 1, 2013. " The Parliament adopted the law of 7 June 2012.
The President a. Smith in 2012 on June 27.