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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
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, no. 196) the following amendments: 1. Replace article 4, paragraph 1, first subparagraph, the words "making a criminal offence" with the words "criminal offence".
2. Supplement article 26, fourth paragraph, after the words "third countries" with the words "and" the territory.
3. To make the first paragraph of article 30, paragraph 3 of the following: "3) within seven working days of the receipt of the written request of the control service, which derives from the message or subject of the law this law referred to in article 62 of the bodies and institutions of the information, provide it on this statutory functions required subject of the law on the information and documents on the client or its business, the origin of the funds and their further movement What is the subject of the law won, in implementing the provisions of this law. For the rest of this client's business information and documents to inspection services on demand to be served by the Attorney General or a specially authorised prosecutor's consent. Taking into account the nature and volume of information, and coordination with the control service request execution time can be extended. "
4. Article 32: Supplement to article 2.1 part as follows: "(21) not later than five working days after the subject of the law received the message of abstinence to do business or abstention from certain types of debit transactions, the customer's account in the control services shall assess whether the subject of the law passed by the first part of the decision provided for in accordance with the provisions of the Act and the particular person or a particular legal restriction is proportionate and the order to continue or terminate the abstention of one or more of related transactions or from certain types of debit customer's account. Control the order of service, on the basis of which the law terminating the subject abstain from one or more of related transactions or from certain types of debit transactions in customer's account, it is necessary to base. "
to make the third part of the introductory paragraph as follows: "(3) no later than 40 days after receiving the message about abstinence to do business or abstention from certain types of debit transactions in customer's account, but in exceptional cases the Attorney General or his specifically authorised prosecutor additional time-limit laid down, not longer than 40 days required for essential communication of the information requested, including from abroad, the control service shall take one of the following :”;
to make the third part of point 2 as follows: "2) in writing to the holder of this law that further refrain from transaction, or from certain types of debit transactions in the customer's account is terminated, in the third paragraph of this article referred to in paragraph 1 is not issued;";
Replace paragraph 3, third paragraph, the word "sixtieth" with the word "fortieth";
to complement the eighth paragraph 4 by the following: "4) has received 2.1 of this article referred to in the order for inspection services end to abstinence from business or from certain types of debit customer's account."
5. To supplement the law with 33.1, 33.2 and 33.3 article as follows: "article 20.6. The object to which the eligible control service orders (1) Order that the inspection service issued in accordance with this law, article 32 paragraph 1 of part three and to article 33, the first paragraph, apply to the criminal obtained means, including relating to the property which has been converted into a criminal get features other values.
(2) if the means were obtained in whole or in part is added from legitimate sources for features, control orders apply to service from criminal and from legitimate sources, the total weight does not exceed the value of the proceeds.
(3) If the resources on which in accordance with the first and second subparagraphs shall apply control orders, the service is achieved, then the order for inspection services also apply to the resulting fruits or parts thereof that meet from proceeds of crime the fruits gained value.
Article 33.2. The order of transaction monitoring control services if, based on its existing information received from the subjects of the law, or in the form of exchanges of information with this law, article 62 of the said authorities and institutions, have reason to believe that has happened or is a criminal offence, including criminal money laundering, terrorist financing or the operation by the Attorney General, or his specifically authorised the Prosecutor's acceptance of the order subject to the law to make a deal on monitoring the customer's account, for a period up to one month. If necessary, this deadline to be extended for one month the Attorney-General or his authorized Special Prosecutor.
Article 33.3. Order notification to the land registry Department (1) inspection services in accordance with this law, article 32 paragraph 1 of the third paragraph of the order, if it contains the land registry's competence, notify land registry Department. If the land Department to order or an order for the term of the shore received a request for a voluntary right to inspection service concept in order for real estate, the land registry Department of the judge shall decide on the suspension of the proceedings at the request of the shore to the order laid down. Land Registry Department of the decision taken shall send the control service.
(2) After article 32 of this law, the third part referred to in paragraph 1 of the control services of receipt of order for land registry Department shall inform the person in writing to which it refers, sending a copy of the order that explains it for appeal. "
6. Article 34: Add to the first paragraph, after the word "webmaster" with the words "or the land registry department";
Add to article 1.1 part as follows: "(11) in accordance with article 32 of this law 2.1 part inspection service issued orders the person to which the transactions or certain kinds of debit operations have continued abstinence, or the authorized representative of such persons, as well as the subjects of this law can be a challenge especially authorized prosecutor the deadlines set out in this Act.";
to complement the second paragraph after the word "first" with name and number "and 1.1".
7. Add to article 39, the first paragraph after the words "control services" with the words and figures "as well as to inform the customer of the control services in accordance with article 32 of this law, the part of the issued order 2.1".
8. Article 45: turn off the introductory paragraph the words "monitoring and control";
turn off the first part of paragraph 9;
Add to article 1.1 part as follows: "(11) business with a national cultural monument in the list of cultural monuments is monitored and controlled by the Government for the protection of cultural monuments of inspection."
9. Supplement article 48, first subparagraph, after the words "information about a client" with the words "monitoring of transactions in customer's account".
10. Add to article 51 of the second subparagraph of paragraph 2, after the word "webmaster" with the words "or turn to the land registry office with the request".
11. Replace article 56, first paragraph, introductory paragraph, the words "If the criminal offences provided for in article 5 of this law" with the words "If a criminal offence".
12. transitional provisions be supplemented with paragraph 8 by the following: ' 8. Article 32 of this law, Amendment 32 part 2.1. the third subparagraph of article introductory paragraph and paragraph 3 of part three concerning the 40 day time limit, article 32 paragraph 4 of part 8, article 34 amendments to part 1.1 article 34, second paragraph, as well as the amendment to article 39, first paragraph regarding the customer's information on the inspection service in accordance with article 32 of this law, the part of the issued order 2.1 not applicable law subject to messages that control service submitted to the 2009 December 31. "
The law shall enter into force on January 1, 2010.
The Parliament adopted the law in 2009 December 10.
President Valdis Zatlers in Riga V 2009 December 30