Regulations on measures against money laundering and terrorist financing, etc.

Date of-2009-03-13-302 Ministry Ministry of finance published in the 2009 booklet 3 effective date last modified-15.04.2009 FOR 2011-12-21-1444 from 01.01.2012 Change-2003-12-10-1487 applies to Norway Pursuant LAW-2009-03-06-11-section 4, LAW-2009-03-06-11-section 6, LAW-2009-03-06-11-section 7, LAW-2009-03-06-11-section 12, LAW-2009-03-06-11-section 13, LAW-2009-03-06-11-section 15, LAW-2009-03-06-11-section 17, LAW-2009-03-06-11-section 18, LAW-2009-03-06-11-section 21, LAW-2009-03-06-11-section 22, LAW-2009-03-06-11-section 24, LAW-2009-03-06-11-section 29, LAW-2009-03-06-11-section 32, LAW-2009-03-06-11-section 33 Announced 17.03.2009 at. 40 pm short title money-laundering regulations Chapter overview: Chapter 1. Introductory provisions (section 1) Chapter 2. Customer control and ongoing follow-up (§ § 2-11) Chapter 3. Investigation and reporting (§ § 12-16) Chapter 4. Storage (section 17) Chapter 5. Internal procedures and systems etc. (section 18)
Chapter 6. Final provisions (sections 19-21) the legal authority: set by the Ministry of finance 13. March 2009 under the legal authority of the Act 6. March 2009 No. 11 on measures against money laundering and terrorist financing, etc. (money laundering Act) section 4, section 6, § 7, § 12, § 13, § 15, § 17, § 18, section 21, section 22, section 24, section 29, section 32 and section 33.
EEA EEA referrals: annex IX Nr. 23B (Directive 2005/60/EC), Nr. 23ba (Directive 2006/70/EC) and no. 23d (Regulation (EC) No. 1781/2006).
Changes: modified by regulations 18 des 2009 Nr. 1726, 21 Dec 2011 No. 1444. Chapter 1. Initial provisions § 1. Scope the regulation applies to the reportable as mentioned in law 6. March 2009 No. 11 on measures against money laundering and terrorist financing, etc. (money laundering Act) section 4.

Chapter 2. Customer control and ongoing follow-up section 2. The establishment of customer relationships customer relationships shall be deemed established when the customer can use the rapporteringspliktiges services, such as when creating the account or the issuing of payment cards.
Chartered and registered Auditors is considered to have established a customer relationship when they have undertaken a mission, including consulting and other services, or sent the auditor statement to business enterprises, cf.. Enterprise registry law § 4-4.
Authorized accountants is considered to have established a customer relationship when they have entered into a written contract agreement with the client or mission that requires written agreement, cf. accountant law § 3.
Real estate brokers who run with real estate are considered to have established a client relationship with the principal when they have undertaken a sales or purchase assignment. By sales commissions to real estate agent in addition require that the buyer presents valid identification prior to the settlement. First and second sentence applies to building societies and lawyers that drive with real estate, once the assignment applies to business.
Lawyers and others that an employment or constantly provides independent legal aid is considered to have established a customer relationship when they have undertaken a mission as stated in the money-laundering law § 4 second paragraph Nr. 3. Lawyers and others that an employment or constantly provide independent legal assistance is considered in all cases to have undertaken a mission as stated in the first sentence when the assignment confirmation is sent the client.

§ 3. Especially at dealers of artifacts reportable after money-laundering law § 4 second paragraph Nr. 7, will be conducting customer control after money-laundering law § 7 1.
by transactions in cash of 40 000 Norwegian kroner or more or the equivalent in foreign currency, if it is suspected that the transaction relate to the dividends of an offence or to conditions affected by penal code section 147a, 147b section or § 147c, and 2.
at every transaction on 100 000 Norwegian kroner or more or the equivalent in foreign currency, where 40,000 dollars or more or the equivalent in foreign currency, paid in cash.

Amount limit is calculated the total for transactions carried out in several operations that appear to be linked with each other.

§ 4. Especially on lawyers and others that an employment or constantly provide independent legal assistance For reportable as mentioned in the money-laundering law § 4 second paragraph Nr. 3 applies to the money-laundering rules when reportable assists or acting on behalf of clients by: 1. planning or performing financial transactions 2.
transactions involving real estate, and 3.
transactions involving objects where the object is to be paid in cash at the 40, 000 u.s. dollars or more, or the equivalent in overseas currency.

§ 5. Physical credentials for physical persons Valid credentials for the physical person is original of documents: 1. is issued by public authority, or of other body that has reassuring control routines for document issuance and the documents have a satisfactory level of security, and 2.
contains full name, name plate, photography and national identity number or D-number.

For the physical person who has not been awarded Norwegian identity number or D-number, to credential documents in addition to the requirements imposed by in the first paragraph include date of birth, place of birth, gender and citizenship.
If the verification of a physical person's identity shall be made on the basis of physical credentials without his or her personal attendance in line with the money-laundering Act section 7 the fourth paragraph, the certified copy of the documents referred to in the first and the second paragraph is used.
Requirement that the physical credentials for physical persons includes the name plate does not apply for the Passport.

section 6. Electronic credentials for physical persons Valid credentials for physical persons are electronic signature that meets the requirements of regulations 21. November 2005 No. 1296 about volunteer even arrangements for declaration certificate issuers section 3 and that is listed on the published list according to § 11 the first paragraph in the said regulation.

section 7. Physical credentials for legal persons Valid credentials for the legal person registered is the certificate of registration that is not older than 3 months.
Valid credentials for the legal person registered in the device registry, but not in business enterprises, is printing from the device registry that contains all registered information about the device, see. the device registry law section 5 and section 6, second paragraph, and which are not older than 3 months.
Valid credentials for the legal person who is not registered in the device registry, but in other public register, certificate or printout from the registry that provides information about the name, address of place of business or head office and any foreign organization number. It should be disclosed in the public registry that can verify the information.
Valid credentials for the legal person who is not registered in a public registry are: 1. evidence that the person exists, and 2.
written statement from physical contact person as mentioned in the money-laundering Act section 8 fourth paragraph that the registered information about the legal person is correct and valid credentials for that person.

section 8. Subsequent to the collection of credentials verification of identity on the basis of valid credentials as mentioned in the fourth paragraph of section 7, legal persons are recorded in the business enterprises, to be reportable require certificate of registration within four weeks after the expiry of the time limit for registration after the Enterprise registry law § 4-1 the first paragraph for those mentioned legal persons.
By confirmation of identity on the basis of valid credentials as mentioned in section 7 the fourth paragraph for legal persons to be entered in the device registry but not in business enterprises, to be reportable require printing from entities as mentioned in section 7 second paragraph within four weeks after the expiry of the deadline for registration in the register of the device the device registry law § 12.
By confirmation of identity on the basis of credentials as mentioned in section 7, fourth paragraph of the legal person are recorded in other public registry, the reportable require certificate or printout from the registry that provides information about the name, address of place of business or head office and any foreign organization number within four weeks after registration in the relevant register, or within four weeks after the deadline for registration in the appropriate register where such deadline exists.
For legal persons that are registered in the business enterprises, entities or other public registry to be reportable require valid identification as stated in § 7 first, other or third paragraph, within six months from the creation of the customer relationship.
If the requirements of the subsequent obtaining of credentials in this provision is not met, the reportable liquidate customer relationship.

§ 9. More on the utkontraktering of the implementation of the customer control in addition to the physical and legal persons who after the money-laundering Act section 12 can work as contractors, reportable enter into written agreement about the implementation of the utkontraktering of the customer control of the companies and individuals that perform services on behalf of or for the reporting required when these are included as part of the rapporteringspliktiges distribution device.
Money-laundering law § 12 third and fourth paragraph also applies when the customer the control utkontrakteres to companies or persons referred to in the first paragraph.

§ 10. Simplified customer control the obligation to conduct customer control after the money-laundering law § 6 subsection no. 1, 2 and 4 do not apply to: 1. If the customer is a legal person as mentioned in the money-laundering law § 4 the first paragraph, except no. 4, 8 and 9, or a company which operates insurance brokerage, 2.

If the customer is a legal person covered by Directive 2005/60/EC article 2 No. 1 (1) and (2), or a similar legal person in a State outside the EEA which imposes equivalent requirements as set out in Directive 2005/60/EC and the supervision of compliance with finish requirements, 3.
If the customer is a company that has financial instruments concerned to listing on a regulated market in the EEA State or is subject to the duty of information similar to that apply to listing on a regulated market in the EEA State, 4.
If the customer is a Norwegian State or municipal government agency, 5.
in relation to the registration of information about and the confirmation of the identity of the real copyright holders for accounts with funds from several people brought by lawyers and other independent legal professionals from EEA States, or 6.
in relation to the registration of information about and the confirmation of the identity of the real copyright holders for accounts with funds from several people brought by lawyers and other independent legal professionals from third States, provided that: a. they are subject to requirements to combat actions as described in the Penal Code section 317 and section 147b in accordance with international standards, b. it successfully audit of compliance with these requirements and c. information about the identity of the real rights holders on request are available for credit institutions that lead the relevant accounts.

The obligation to conduct customer control after the money-laundering law § 6 subsection no. 1, 2 and 4 do not apply by: 1. Drawing of life insurance policies, if the annual premium does not exceed 1 000 euros, or if it should be charged a one-time premium not exceeding 2 500 euros, 2. Drawing of pensjonsforsikringspolise, if the policy does not contain a redemption clause and can not serve as collateral for a loan, 3. Drawing of damage insurance policies, including travel insurance policies, and credit insurance policies, 4. schemes which provides retirement benefits to employees , if the contributions paid as a deduction in salary and the rules for the scheme does not allow the transfer of a member's rights according to the scheme, or 5.
the issuance of electronic money, provided that: a. the maximum amount that is stored on the electronic medium is 250 euros and the media can not be recharged again, or b. it is determined a limit of 2 500 euros for the total transferred amount in a calendar year, unless the holder has redeemed an amount of at least 1 000 euros in the same calendar year.

section 11. Politically exposed persons with the holder of the senior public office or position as mentioned in the money-laundering Act No. 15, third paragraph 1, refers to: 1. the head of State, head of Government, minister or deputy minister, 2. a member of the National Assembly, 3. a member of the higher court as we make decisions that only in exceptional cases can be appealed, 4. a member of the Board of the national audit, the Audit Court or the Central Bank, 5. Ambassador, chargé d ' affaires or military officer of higher rank, 6. a member of the administrative, leading or controlling body of a State-owned enterprise, 7. the holder of the corresponding tasks or position as mentioned in Nr. 1 to 5 in an international organization.

With close family member as stated in money-laundering law § 15, third paragraph, no. 2, refers to: 1. spouse or partner who, after national legislation page be set with spouse, 2., 3. spouse or partner to the children, and 4.
parent.

With familiar with the works as mentioned in the money-laundering Act No. 15, third paragraph 3, refers to a physical person who is known to: 1. be real rights holder in the legal person or asset mass in community with a person as mentioned in the money-laundering Act No. 15, third paragraph 1 or 2, 2.
have near account to a person as mentioned in the money-laundering Act No. 15, third paragraph 1 or 2, or 3.
be only real rights holder in the legal person or asset mass that in reality is established to favour a person as mentioned in the money-laundering Act No. 15, third paragraph 1 or 2.

Chapter 3. Survey and reporting section 12. Investigation of suspicious transactions circumstances that can trigger research duty after a money laundering law § 17 can be that the transaction seems to be missing a legitimate purpose, is exceptionally large or complex, is unusual compared to the customer's known business or personal transactions, be made to or from a customer in a country or region that does not have satisfactory responses to the actions as described in the Penal Code section 317 and section 147b or otherwise have an unusual character.

section 13. Transmittal of information to the Economic Crime Division responsible for the transmittal of information to Økokrim as mentioned in the money-laundering Act section 18 is the person who is designated as responsible for money-laundering law § 23 the second paragraph.
Information provided after the money-laundering law § 18 shall as far as possible contain description of the reason for the suspicion, including information about the suspects, of any third parties, any account information and information about your movements on the account, information about the nature and size of the transaction, and whether the transaction is carried out, as well as to whom the funds to be transferred and detailed origin. As a supplement to the information relevant documents should be attached or ettersendes.
Transmittal of information to take place online via Altinn. If this is not possible can transmittal of information happen through the use of standardized form prepared by the Economic Crime Division.

section 14. Disclosure of investigations, reporting or investigation ban on to do third parties familiar with undergoing investigation, reporting or investigation for money-laundering law § 21, does not apply when: 1. Communication of information to prosecutors or the authority that oversees the compliance of rapporteringspliktiges money-laundering regulations.

2. The exchange of information between legal persons belonging to the same group, as defined in the accounting Act § 1-3, where these are: a. legal persons referred to in the money-laundering law § 4 the first paragraph, except no. 4 and 8 and 9, or a company which operates insurance brokerage, b. legal persons covered by Directive 2005/60/EC article 2 No. 1 (1) or (2), or c. the corresponding legal persons in a State outside the EEA which imposes equivalent requirements as set out in Directive 2005/60/EC and the supervision of compliance with finish requirements.

3. The exchange of information between people who are exercising their professional activities within the same legal person or network, where these are: a. persons referred to in the money-laundering law § 4 second paragraph Nr. 1 to 3, or company that offers similar services against remuneration, b. persons covered by Directive 2005/60/EC article 2 No. 1 (3) (a) or (b), or c. the corresponding persons in a State outside the EEA which imposes equivalent requirements as set out in Directive 2005/60/EC.

4. Exchange of information between the persons referred to in no. 2 letter a to c or no. 3 letter a to c regarding a private customer in a transaction where the appropriate individuals are involved, provided that the people and are required corresponding obligations with regard to confidentiality and the protection of personal data.

With the network as mentioned in the first paragraph Nr. 3 refers to a structure that have common ownership, management or internal control with compliance with relevant regulations.
Information exchanged under subsection no. 2, 3 and 4 shall only be able to be used for the purpose of prevention of transactions related to the benefits of a criminal offence or circumstances affected by penal code section 147a, 147b section or § 147c.

section 15. Special reporting of transactions with relation to the countries or regions that do not have implemented adequate measures against money laundering and terrorist financing, etc. The Ministry of finance may, in a decision from the Financial Action Task Force on Money Laundering (FATF) fix a specific and systematic reporting duty of the Economic Crime Division for transactions with or for people or corporations that relate to the countries or regions that do not have conducted satisfactory measures against the laundering of the proceeds from the actions as described in the Penal Code section 317 and section 147b.

section 16. Prohibitions or restrictions for access to rapporteringspliktiges to establish customer relationships with or make transactions to or from countries that have not implemented adequate measures against money laundering and terrorist financing, etc. The Ministry of finance may, in a decision from the Financial Action Task Force on Money Laundering (FATF) fix special prohibitions or restrictions when it comes to access for reportable to establish customer relationships with or conduct transactions with persons or entities that relate to the countries or regions that do not have conducted satisfactory measures against the laundering of proceeds of crime, as described in the Penal Code section 317 and section 147b.

Chapter 4. Storage section 17. Storage of information copies of the proposed credential documents as mentioned in section 5 and section 7 should be applied «straight copy be confirmed "with the signature of the person who has made the customer control as well as the date of the control.
Documents and information must be stored on a medium that preserves read the quality throughout the retention period.
It should be released backup of electronic material. The backup copy should be kept separate from the original.

Chapter 5. Internal procedures and systems etc.

§ 18. Electronic monitoring systems financial institutions as mentioned in the money-laundering law § 4 subsection no. 1 to establish electronic monitoring systems that will have to purpose to identify transactions that may have association with the dividends of crime or circumstances affected by penal code section 147a, 147b section or § 147c.
Financial audit can by individual decisions make exceptions from the first paragraph.

Chapter 6. Closing provisions


§ 19. Proceedings in economic crime and the police economic crime Division to develop guidelines for its internal case management systems to ensure for the receipt of reassuring information from reportable, and prevent uvedkommendes access to such information.
The police should keep informed of reportable status in the investigation of reported cases.

section 20. Information about the sender that is to follow a transaction in the payment chain to the EEA Agreement annex IX Nr. 23d (Regulation (EC) No. 1781/2006) regarding the information on the payer to accompany money transfers, that regulation with the customizations that follows from annex IX, Protocol 1 to the agreement and the agreement by the way.

§ 21. Entry into force these regulations shall enter into force 15. April 2009.
From the time these regulations come into force, repealed Regulations 10. December 2003 No. 1487 on measures against the laundering of proceeds of crime, etc. (money-laundering regulations).
The duty of the winding up of the customer relationship after section 8 applies only to customer relationships which are established after the entry into force forskriftens.