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Account Registry Law

Original Language Title: Kontu reģistra likums

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The Saeima has adopted and the President promulgated the following laws: law on the register of the accounts article 1. The terms used in the law, the law is applied in the following terms: 1) account: credit institution, Credit Union or the payment service provider (payment services and electronic money within the meaning of the Act) open sight or payment account; 2) credit unions — credit unions credit unions by law within the meaning of article 2; 3) a credit institution, a credit institution, the European Parliament and of the Council of 26 June 2013 Regulation (EU) no 575/2013 for the prudenciālaj requirements for credit institutions and investment firms, and amending Regulation (EC) No 648/2012 article 4 paragraph 1 subparagraph 1; 4) the payment service provider and payment services, electronic money rule 2 of the second paragraph of article 2, 3, 4 and 7 in the payment service provider; 5) the real beneficiary: an individual Crime of money laundering and terrorist financing Prevention Act. 2. article. The purpose of the law the purpose of the Law is to create and maintain the account register (hereinafter register) and to provide individual account data processing to: 1) prevent the Latvian and international financial system for criminal actions, including criminal money laundering, financing of terrorism, weapons of mass destruction, the manufacturing, storage, handling, use, and distribution of funding, and to ensure international cooperation in this field; 2) protect national and public security; 3) facilitate crime investigation, prosecution and criminal proceedings; 4) ensure public institutions and officials opportunities to get the information needed in this statutory public administration tasks; 5) ensure efficient tax administration system. 3. article. Account manager and keeper of the register, their obligations (1) the register is a national information system, and its curator and the holder is the State revenue service. (2) the State revenue service continuously maintain and develop the register, as well as provides register safety management according to the State information system laid down in the laws and safety requirements. (3) the State revenue service has the right to register the information included in this law, be issued only to those laid down in article 6, the registry information to users in article 8 of this law. (4) the State revenue service monitors: 1) check that the registry information of the received user requests content complies with this law, the requirements of article 8; 2) to access the data in the register are provided only in article 6 of this law established the registry information for the users and only to the extent specified. 4. article. The register shall include the status of the messages included in the registry is limited by the availability of information. The registry administrator and the registry information of a user is entitled to register to use the information contained in the objectives set out in the Act. 5. article. Message into the register (1) the inclusion of register Message shall provide: 1) credit institutions; 2) credit unions; 3) payment service providers. (2) the first paragraph of this article news providers (hereinafter referred to as a news provider) for inclusion in the register the following particulars: 1) on the news, in which the open sight or payment account, name, registration number; 2) of the account holder, a natural person who is a resident of the Republic of Latvia: name, surname, personal code, account number, account opening and closing date; 3) of the account holder, a physical person who is not a resident of the Republic of Latvia, name, surname, date of birth, identity document number and the name of the issuing country, account number, account opening and closing date; 4) of the account holder, a legal person who is a resident of the Republic of Latvia or of a non-resident permanent representation in Latvia — the name, registration number, account number, account opening and closing date; 5) of the account holder, the legal persons who are non-residents of the Republic of Latvia, the name, registration number, the name of the country of registration, your account number, account opening and closing date. (3) if the second part of this article, such person is found out the true beneficiary, at the second part of this article, the particulars referred to submit the following information: 1) about the true beneficiary, residents of the Republic of Latvia, natural persons name, surname, personal code; 2) about the true beneficiaries of non-resident — an individual's first name, last name, date of birth, identity document number, the name of the issuing country. (4) the News provider in the second and third subparagraphs to specific messages for inclusion in a register, provided electronically, in accordance with the law of electronic documents through the State regional development agency in the State in the information system savietotāj the data distribution network, not less than once in two working days. (5) the News provider for inclusion in a register message shall provide, if the account is opened or closed, as well as in case the news provider become aware of changes in the second and third subparagraphs above by the account holder and the true beneficiaries of related natural or legal persons. (6) the supplier is responsible for the conformity of the information supplied by the information at its disposal. (7) the State revenue service is responsible for ensuring that the information contained in the register comply with the supplier information. (8) the News provider for inclusion in the register News provides news and registry are included in the Latvian language. A natural person's name, which is not a Latvian citizen or non-citizen, as well as other country registered in the register of the personal name include latīņalfabētisk in transliteration. (9) the registry administrator shall include the details in the register shall be kept for a period of five years after the account is closed. By the end of this period the registry administrator deletes the messages from the registry. (10) the order and the form in which the first paragraph of this article news providers submit for inclusion in the registry in the second and third subparagraphs, of the specified message set by the Cabinet of Ministers. 6. article. Registry information contained in the register of users and message processing targets

(1) the registry administrator shall issue the information contained in the register the following registry information to users based upon their request and the amount set by the Cabinet of Ministers of the following objectives: 1) money laundering prevention service — Criminal money laundering and terrorist financing Prevention Act to perform the function, including the provision of international cooperation with foreign bodies to prevent criminal money laundering and related criminal offences of terrorism, weapons of mass destruction, the manufacturing, storage, handling, use, and distribution of funding; 2) operational entities: the operational activities operational records; 3) the investigating authorities, investigating the conduct of the pre-trial proceedings; 4) financial and capital market Commission, the statutory supervisory functions; 5) national revenue — to a suitable performance guarantee funds, made the recovery of non-contentious procedure, partially or completely stop settlement operations, schedule and ensure the tax control measures, tax administration, planned to repay the State budget funds pārmaksāto or incorrectly state taxes, fees and charges associated with them, as well as the amount of the fine, repay the amounts recovered incorrectly, in the administrative procedure and administrative irregularities in the process for information on account; 6) courts — in the case of proceedings; 7) prosecution service — in criminal proceedings, the pre-trial regulations where the person and the national legislation and the protection of legitimate interests and the maintenance of the public prosecution in court; 8) corruption prevention and combating Bureau — to ensure that the law "on prevention of conflict of interest in the activities of public officials" State officials limit compliance controls, as well as political organizations (parties) Act compliance control; 9) sworn court bailiffs — the statutory duties of the enforcement cases, as well as heritage protection and succession to compile a list of the descriptions of property Division of property; sworn notaries, 10) of the fosters, the statutory duties of protection and heritage heritage list; the Bank of Latvia: 11) it the legislation in statistical and analytical tasks. (2) the first subparagraph of this article, 1., 2., 3., 4., 5., 6., 7., and records referred to in point 8 of the information users as well as fosters responsible persons determined, which is the specific registry information to users, and the volume of messages appearing on the registry should be informed of the Cabinet. Those persons are bound by all statutory obligations of the users of the information in the registry. 7. article. The registry information in the user's obligations (1) the registry information that the user has the following responsibilities: 1) the demand for this statutory legal basis for issuing the message and message processing, as well as a aims to process personal data only in accordance with this statutory information processing goals they required; 2) list the five years and store the information: (a)) for each request for information, indicating the date and the message that identifies the person that made the request for information (personal ID code or registration code, the number of cases in which information was requested), b) of the reply to the request for information, indicating the received response date and response information, c) for cases where the response to the request for information has been received; 3) natural person data processing to follow individual data protection legislation. (2) the registry information of the user is responsible for the register shall include the particulars would be requested and used in accordance with the provisions of this law. 8. article. The message reception registry (1) in article 6 of this law established the registry information of the users included in the Register message shall receive free of charge online Cabinet rules. (2) the order in which the registry information of the users request and receives and administrator of the registry disclaim register news, in the order in which the registry administrator checks the registry information for the user regulatory compliance registry function requirements of the law, as well as registry information on your receipt and electronic information storage determines the order of the Cabinet of Ministers. (3) the Bank shall have the right to it in the legislation that the statistical and analytical tasks required on the Register messages to receive and review the summary way so that it is not possible to directly or indirectly identify an individual included in the registry, any natural or legal person. The Bank of Latvia has the right to express and share that summary and review legislation.
Transitional provisions 1. A credit institution, a Credit Union and the payment service provider is bound by article 5 of this law the second part to be included in the register specified in messages on sight and payment accounts that have been opened and not closed prior to July 30, 2017, to submit to the State revenue service until 31 July 2017. 2. Starting with 2017. august 1, credit institutions, credit unions and the payment service provider of this law article 5 second paragraph specific messages for the State revenue service provided pursuant to article 5 of this law, the time limits laid down in the fourth paragraph. 3. the registry the registry information for the particulars of the State revenue service users for the September 1, 2017. 4. the Cabinet of Ministers to 2017 February 1 issue this law, article 5 of the 10th and the second paragraph of article 8 of these rules. 5. The Cabinet of Ministers to 2017 July 1, draw up and submit to the Parliament a bill providing for procedures for credit institutions, credit unions, or payment service provider account register provides details of the trustee of the Crime of money laundering and terrorist financing Prevention Act. 6. a credit institution, a credit union or the payment service provider of the article 5 of this law in the third part of the true beneficiary for inclusion in the registry begins to provide the next day after the entry into force of the amendments to the Criminal money-laundering and terrorist financing Prevention Act, which transposes the European Parliament and of the Council of 20 may 2015 directives (EU) 2015/849 on the prevention of the use of the financial system for money laundering or terrorist financing and amending European Parliament and Council Directive 2005/60/EC and Commission Directive 2006/70/EC amending proposal in 2016/0208 (COD). The law shall enter into force on 1 July 2017. The Parliament adopted the law in 2016, 23 November. The President r. vējonis Riga 2016 December 10