Amendments To The Law "on Laundering"

Original Language Title: Grozījumi likumā "Par noziedzīgi iegūtu līdzekļu legalizācijas novēršanu"

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The Saeima has adopted and the President promulgated the following laws: law on laundering "make law" on laundering "(Latvian Saeima and the Cabinet of Ministers rapporteur, 1998, no. 3; 2000, No 14; 2002, no. 16) follows: 1. Replace the entire law, the word" Finance "with the word" financial ".
2. in article 1, paragraph 1: Add to the "b" section with the words "in accordance with the provisions of the financial leasing";
to make the "e" of paragraph 1 subparagraph by the following: "(e)) in its trade with currency or on behalf of a client,";
put the "g" of paragraph 1 subparagraph by the following: "(g)), investment services and investment and the provision of additional services of investment funds and pension fund management,";
1. turn the "l" section;
Replace paragraph 2, second sentence, the word "financial" with the word "professional";
make paragraph 3 by the following: "3) financial resources, means of payment cash and non-cash way, precious metals, as well as financial instruments;".
3. in article 2: replace the first paragraph, the words "financial institutions, credit institutions" with the words "this article, persons referred to in the second subparagraph";
make the second paragraph as follows: "(2) the requirements of this law refers to: 1) financial and capital market participants, including: credit institutions, (b)) (a)), insurers, private pension funds and insurance intermediaries, c) stock exchanges, depositaries and brokers, brokerage company d) investment firms, credit unions and investment advisors;
2) lotteries and gambling operators and providers;
3) undertakings (companies), dealing with currency exchange;
4) natural and legal persons carrying out financial transactions connected with professional activities (advisory services, transaction approval), including: (a)) postal service providers, and other similar institutions carrying out money transfers and transfers, b) tax consultants, sworn auditors, sworn auditor commercial companies and financial service providers, except as related to their professional activities during the pre-trial investigation or proceedings, c) notaries , lawyers, employees and self-employed lawyers if they help the customer to plan or carry out in real estate, a company (the company) the purchase or sale of client money, financial instruments and other management, different types of account opening and providing for the administration of the investment required for the organisation of the undertaking (company), operation or management, fiduciary (trust), company (companies) and similar structures, management or driving, as well as if they represent a client or do him financial transactions or transactions with real estate unless the defenders or the related functions of the representative proceedings, d) persons whose professional activity involves the marketing of real estate, vehicles, art, and cultural values, as well as intermediation in these commercial transactions, e) economic operators dealing with precious metals, precious stones and their marketing. "
4. Make article 3 by the following: ' article 3. This law aims to prevent money laundering criminal opportunities in the Republic of Latvia. "
5. in article 4: make the first paragraph by the following: "(1) the criminal obtained means are found to the financial resources and other property which, directly or indirectly, for the Criminal offences provided for in the offence.";
Express 1 and the second subparagraph of paragraph 2 as follows: "1) person due to suspected of committing terrorist acts or complicity is included in any of the Cabinet of Ministers of the Republic of Latvia, the criteria laid down in the appropriate national or international organisations for the following list of individuals drawn up;
2) person, for which this law, article 33 of the said institutions have information that gives a sufficient basis to be suspect of crime, terrorism or participation therein. ";
make the third paragraph as follows: "(3) the second paragraph of this article, the persons referred to in control services under the conditions of the supplier shall inform this law article 2 referred to in the second subparagraph."
6. Supplement article 5 with the second part as follows: "(2) in Criminal money laundering must be regarded as such even where the offence provided for in the criminal code, the result of which is, directly or indirectly, for the following features, was committed outside the territory of the Republic of Latvia and of the crime instead of their criminal liability is provided for. ';
believe the current text of article about the first part.
7. Express 6, 7 and 8 as follows: "article 6. 2. This law referred to in the second subparagraph of article person shall have the right to open an account or accept the deposited financial means or other values, requiring a customer's identity documents, which provide the following information: 1) on: (a) natural persons) resident: name, surname, personal code, b) on non-residents — the name, identity document number and date of issue, the institution which issued the document;
2) for legal persons, the legal registration of formation or legal basis, address, as well as the person's name, identity document number and date of issue, the institution which issued the document, as well as the natural persons of authority and status and, if necessary, to the head of the legal person or the administrative organ of the highest officials in the first name and last name.
7. article. (1) of this law, Any article 2, persons referred to in the second subparagraph identifies the client in article 6 of this law in the order, also to any other financial transaction, unless the amount of the individual transaction or series of related transactions clearly the total amount in dollars after the Bank of Latvia exchange rate transactions a day is equivalent to Euro 15 000 or more, and earlier, when opening an account or accept the deposited financial means client identification is not done.
(2) If a financial transaction, the total amount determined, identification of the customer, to become known as soon as the total amount of the transaction, which in dollars by the Bank of Latvia the rate is equivalent to Euro 15 000 or more.
(3) regardless of the amount of the financial transactions of this law article 2, persons referred to in the second subparagraph identifies the customer, provided the signs fall into at least one of the unusual characteristics of the transaction characteristics contained in the list or other circumstances suspected criminal money laundering or legalization attempt.
(4) the customer repeatedly identified as soon as doubts arise about the original identification of the veracity of the information obtained.
8. article. If this law article 2, second paragraph, the said person is known or suspected that this law, articles 6 and 7 of the said transactions are carried out on behalf of third parties, at your own pace should take targeted actions for the identification of third parties, including to request a customer's signed statement of a person whose interests are made. "
8. in article 9: replace in paragraph 1, the words "credit or financial authorities" with the words "this Act article 2 referred to in the second subparagraph";
make paragraph 1 subparagraph "b" as follows: "(b)) a credit institution or financial institution which issued the license to the country mentioned control services within the list. Inspection service in this list include countries which have laws in force adopted pursuant to the directive of the Council of the European Union against the criminal use of the financial system for money laundering; ";
Replace in paragraph 3, the number and the word "late" with the number 500, and the words "1000 euros equivalent in lats according to the Latvian Bank rate" and the number and the word "1500 lats ' — with a number and the words" 2500 euros equivalent in lats according to the Latvian Bank rate ".
9. Replace the 10, 12 and 18, the words "credit institution or financial institution" (fold) with the words "this law article 2, persons referred to in the second subparagraph" (fold).
10. To supplement the law with the 10.1 article as follows: "article 10.1. (1) of this law, Any article referred to in the second paragraph of the person entering into business relations or conducting transactions with the customer, who is not personally come to these parties, special measures shall be taken to ensure the accuracy of the customer's identification data. For this purpose, may require additional documents to verify identification data and get different types.
(2) in the first part the special measures referred to in this law article 2 referred to in the second paragraph of the person duly authorized by the governing bodies of the internal laws. "
11. Replace the 11, 17, 17.1, 23, 25, 26, 29 and article 37, the words "credit and financial institutions" (the fold) with the words "this law article 2 referred to in the second subparagraph of persons" (fold).
12. To make article 14 as follows:

"article 14. This law, article 2, second paragraph, the said person, its officers and employees have the right to inform the client or a third party that the information about a client or transaction (transactions) are supplied with the control service. "
13. Article 16 be expressed by the following: ' article 16. (1) If this Act article 2, persons referred to in the second subparagraph, the officer or employee is given a message control service in accordance with the requirements of the law, regardless of whether the criminal money-laundering fact is or is not proven in court or in the investigation, as well as independent of the client and this law article 2 referred to in the second paragraph of the terms of the contract the person reporting for the control service is not considered confidential message disclosure and due to this law, article 2, second paragraph, the said person or to the official or employee does not preclude legal responsibility.
(2) compliance with the provisions of this law is not the law article 2, persons referred to in the second subparagraph or their supervisory and control authorities, as well as the officials and staff of the rules governing the professional activities. "
14. To supplement the law with 17.2 article as follows: "article 10.7. (1) where, on the basis of the inspection services of the information available, that there is a suspected criminal money laundering or attempted laundering, control service can make this law, article 2, second subparagraph, the persons referred to in order to stop the financial debit the customer's account or other property at the time of the motion, no more than 45 days.
(2) inspection service order this law article 2, second paragraph, the following people comply immediately and request from client control services information specified in the order.
(3) inspection service cancels order for financial debit customer's account or other property of the customer, the movement has provided reasonable information about financial resources or other property the legality of origin. Such information submitted to this law, article 2, second paragraph, the said person, it shall, without delay, the control service.
(4) if the order is not canceled, the inspection service within 10 working days after the issue of the preliminary information provided to the institutions in article 32 of this law. "
15. Express and 19.1 article 19 by the following: ' article 19. 2. If this law referred to in the second subparagraph of article has refrained from such transaction according to this law, the requirements of article 17, the abstinence or delay the deal because of this law, article 2, second paragraph, the said person, the officer or employee does not preclude legal responsibility no matter what is the result of the use of the information provided.
 19.1 article. (1) If this Act article 2 referred to in the second paragraph of the person stopped financial debit the customer's account or other things pursuant to this Act of movement requirements of article 17.1, then no matter what financial debit or other property, a result of the suspension of movement of this law article 2, second paragraph, the said person, as well as its official or employee does not preclude legal responsibility.
(2) If an order for financial debit customer's account or other property of motion suspension given under the provisions of this law, and its inspection service officials not legal responsibility for the consequences of the order. "
16. the title of chapter V be expressed by the following: "chapter V internal control".
17. Article 20 be expressed as follows: "article 20. (1) article 2 of this law the persons referred to in the second subparagraph shall establish and document the crime of money laundering and terrorist financing prevention internal control system provides for a regular review of the effectiveness of its activities, as well as a clearly defined customer identification and management of economic activities.
(2) article 2 of this law the persons referred to in the second subparagraph shall ensure that it is aware of the requirements of this law, as well as carry out regular employee training in unusual transactions for signs of suspicious financial transactions or the detection and control of the activities provided for in the rules.
(3) this law, article 2, second paragraph the persons determined by the Department or appoint one or more employees who are empowered to make decisions and are directly responsible for the implementation of this law. The establishment of such units or the appointment of a staff member of this law article 2, second paragraph, the said person shall notify the control authority of the person concerned as well as the monitoring and control of the institution.
(4) article 2 of this law the persons referred to in the second subparagraph shall be recorded in a control report provided by the service and ensure the availability of monitoring and control institutions. "
18. the express article 21, first paragraph as follows: ' (1) article 2 of this law referred to in the second subparagraph, the supervisory and control body, control services and its officers and employees do not have the right to disclose to third parties the data about their employees or departments specially designated staff responsible for liaising with the control service. "
19. the title of Chapter VI to express the following: "chapter VI supervisory and control duties of the institutions".
20. the express article 22 the following: ' article 22. Article 2 of this law the persons referred to in the second subparagraph of the supervisory and control bodies, if any, is established in accordance with this regulatory activity of persons regulations, is obliged to notify the control service regarding discovered during checks facts that meet the unusual characteristics of the transaction characteristics contained in the list, and on which the this law, article 2, second paragraph, the said person reported no control. "
21. Make the article 24 as follows: "article 24. Article 2 of this law the persons referred to in the second subparagraph of the supervisory and control bodies and their employees do not have the right to make this law article 2, second paragraph, the following people or third parties that control has details of this law, 11, 12, 22 and 23 in the cases referred to in article and in accordance with the procedure laid down. "
22. To supplement the law with 26.1 article 26.1: "this article. To supervisory and control bodies to perform the obligations laid down in this Act, those laws in specific competence has the right to require from the natural or legal persons information related to compliance with the requirements of this law, as well as to take actions to reduce the use of Latvia's financial system and capital market criminal money laundering. "
23. Add to article 33 of the Prosecutor after the words "mandated" by the words "from the point of view of the legality and validity of the assessment and".
24. the express article 38, the first paragraph by the following: "(1) the composition of the Board: 1) two representatives appointed by the Minister of finance, including one from the State revenue service;
2) one representative designate: (a) the Minister, (b))) the Minister of Justice, c), (d) the Bank of Latvia) the financial and capital market Commission, e), the Association of commercial banks of Latvia) Latvian Insurers Association (f), (g)) the Latvian Council of sworn auditors Association, h) the Latvian Council of sworn notary Council, i) the Latvian Council of sworn advocates College, j) Supreme Court. "
25. Article 39: replace the first subparagraph of paragraph 2, the words "referred to in article 4 of this law, other than the avoidance of tax and payment of the equivalent of" with the words "who is also a criminal act in Latvia";
replace the second paragraph, the words "the this law, 4. the offences referred to in article 1, other than the avoidance of tax and payment of the equivalent of" by the word "offences".
26. To supplement the law with the informative reference to European Union directives as follows: "Informative reference to European Union directives, the law includes provisions that derive from European Union directives 91/308/EEC and 2001/97/EC. '
The law shall enter into force on 1 February 2004.
The law adopted by the Parliament in 2003 on 18 December.
State v. President Vaira Vīķe-Freiberga in Riga 2004 January 7, editorial comment: the law shall enter into force by February 1, 2004.

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