LEGE no. 656 656 of 7 December 2002 (** republished) (* updated *) for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat terrorist financing * **) ((updated until 30 June 2016 *)
ISSUER
PARLIAMENT
---------- ** **) Republicated pursuant to art. IV of Government Emergency Ordinance no. 53/2008 amending and supplementing Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of terrorist acts, published in the Official Gazette of Romania, Part I, no. 333 of 30 April 2008, approved with amendments and additions by Law no. 238/2011 , published in the Official Gazette of Romania, Part I, no. 861 of 7 December 2011, giving the texts a new numbering. Law no. 656/2002 was published in the Official Gazette of Romania, Part I, no. 904 of 12 December 2002 and subsequently amended and supplemented by: - Law no. 39/2003 on the prevention and combating of organized crime, published in the Official Gazette of Romania, Part I, no. 50 50 of 29 January 2003; - State budget law for 2004 no. 507/2003 , published in the Official Gazette of Romania, Part I, no. 853 of 2 December 2003, with subsequent amendments and completions; - State social insurance budget law for 2004 no. 519/2003 , published in the Official Gazette of Romania, Part I, no. 864 of 4 December 2003, with subsequent amendments and completions; - State budget law for 2005 no. 511/2004 , published in the Official Gazette of Romania, Part I, no. 1.121 of 29 November 2004, with subsequent amendments and completions; - State social insurance budget law for 2005 no. 512/2004 , published in the Official Gazette of Romania, Part I, no. 1.128 of 30 November 2004, with subsequent amendments and completions; - Law no. 230/2005 amending and supplementing Law no. 656/2002 for the prevention and sanctioning of money laundering, published in the Official Gazette of Romania, Part I, no. 618 618 of 15 July 2005; - Government Emergency Ordinance no. 135/2005 for amendment Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of terrorist acts, published in the Official Gazette of Romania, Part I, no. 897 of 7 October 2005 (approved with amendments and additions by Law no. 36/2006 , published in the Official Gazette of Romania, Part I, no. 200 200 of 3 March 2006); - State budget law for 2006 no. 379/2005 , published in the Official Gazette of Romania, Part I, no. 1.151 of 19 December 2005, with subsequent amendments and completions; - State social insurance budget law for 2006 no. 380/2005 , published in the Official Gazette of Romania, Part I, no. 1.150 of 19 December 2005, with subsequent amendments and completions; - Law no. 405/2006 on the amendment Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of terrorist acts, published in the Official Gazette of Romania, Part I, no. 947 947 of 23 November 2006; - Law no. 306/2007 amending the Annex to Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of terrorist acts, published in the Official Gazette of Romania, Part I, no. 784 784 of 19 November 2007; - Framework law no. 330/2009 on the unitary salary of the personnel paid from public funds, published in the Official Gazette of Romania, Part I, no. 762 of 9 November 2009 and corrected in the Official Gazette of Romania, Part I, no. 268 268 of 26 April 2010; - Government Emergency Ordinance no. 26/2010 to amend and supplement Government Emergency Ordinance no. 99/2006 on credit institutions and the adequacy of capital and other normative acts, published in the Official Gazette of Romania, Part I, no. 208 of 1 April 2010 (approved with amendments and additions by Law no. 231/2010 , published in the Official Gazette of Romania, Part I, no. 826 826 of 10 December 2010). ---------- The title of the law was amended by 1 1 of art. 111 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. ---------- + Chapter I General provisions + Article 1 This law establishes measures to prevent and combat money laundering, as well as some measures to prevent and combat the financing of terrorism. ---------- Article 1 has been amended by section 1. 4 4 of art. 111 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 of 12 November 2012, by replacing a phrase. + Article 2 For the purposes of this Law a) by money laundering is understood the crime provided in art. 29 29; ... b) the financing of terrorism means the offence provided for in art. 36 36 of Law no. 535/2004 on preventing and combating terrorism; ... ---------- Lit. b) of art. 2 2 has been amended by section 4.2 4 4 of art. 111 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 of 12 November 2012, by replacing a phrase. c) goods shall mean tangible or intangible assets, movable or immovable property, as well as legal acts or documents certifying a title or a right with regard to them; ... d) by suspicious transaction means the operation that apparently does not have an economic or legal purpose or which, by its nature and/or unusual character in relation to the activities of the client of one of the persons referred to in art. 10, raises suspicion of money laundering or terrorist financing; ... ---------- Lit. d) of art. 2 2 has been amended by section 4.2 4 4 of art. 111 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 of 12 November 2012, by replacing a phrase. e) by external transfers in and from the accounts, cross-border transfers are understood, as defined according to the national regulations in the matter, as well as payment transactions and receipts made between residents and non-residents on Romanian territory; ... f) credit institution means the entity defined in art. 7 7 para. ((1) pt. 10 of Government Emergency Ordinance no. 99/2006 on credit institutions and capital adequacy, approved with amendments and additions by Law no. 227/2007 , with subsequent amendments and completions; ... g) by financial institution means any entity, with or without legal personality, other than the credit institution, which carries out one or more of the activities referred to in art. 18 18 para. ((1) lit. b)-l), n) and n ^ 1) of Government Emergency Ordinance no. 99/2006 , approved with amendments and additions by Law no. 227/2007 ,, with subsequent amendments and completions, including postal service providers providing payment services and specialized entities that carry out foreign exchange activities. Enter this category and: ... 1. insurers, reinsurers and insurance and/or reinsurance brokers, authorized according to the provisions Law no. 32/2000 on insurance and insurance supervision activity, with subsequent amendments and completions, as well as branches located on the territory of Romania of insurers, reinsurers and intermediaries in insurance and/or reinsurance authorised in other Member States; 2. financial investment services companies, investment consultants, investment management companies, investment companies, market operators, system operators, as defined according to the provisions of the Law no. 297/2004 on the capital market, with subsequent amendments and completions, and the regulations issued in its application; h) the business relationship means the professional or commercial relationship related to the professional activities of the persons referred to in art. 10 and which, at the time of initiation, is considered to be of a certain duration; ... i) by operations which appear to have a link between them shall be understood to be the operations of a single transaction arising from a single commercial contract or agreement of any kind between the same parties and the value of which is fragmented in instalments less than 15,000 euros or the equivalent in lei, when they are carried out during the same bank day, in order to avoid legal requirements; ... j) through the fictitious bank is understood a credit institution or an institution that carries out equivalent activity, registered in a jurisdiction in which it does not have a physical presence, namely the management and administration of the activity and records the institution is not located in that jurisdiction, and which is not affiliated to a regulated financial group; ... k) through service providers for companies and other entities or legal constructions means any natural or legal person who provides on a professional basis any of the following services for third parties: ... 1. constitute companies or other legal entities; 2. exercises the position of director or administrator of a company or has the status of associate of a company in order or a similar quality within other legal entities or intermediates as another person to exercise these functions or qualities; 3. provide a registered office, an elected domicile or any other service related to a commercial company, a company in the order or any other legal person or similar legal construction; 4. has the status of fiduciary in the performance of express fiduciary activities or other similar legal operations or intermediates as another person to exercise this quality; 5. acts or intermediates that another person acts as a shareholder for a person, other than a company whose shares are traded on a regulated market that is subject to advertising requirements in accordance with the legislation community or internationally established standards; l) the group means a group of entities, as defined in art. 2 2 para. ((1) pt. 13 of Government Emergency Ordinance no. 98/2006 on the supplementary supervision of credit institutions, insurance and/or reinsurance undertakings, financial investment services companies and investment management companies in a financial conglomerate, approved with amendments and additions by Law no. 152/2007 . ... + Article 3 (1) For the purposes of this law, politically exposed persons are individuals who exercise or have exercised important public functions, their family members, as well as persons publicly known as close associates of individuals who exercise important public functions. ... (2) Individuals exercising, for the purposes of this law, important public functions are: ... a) heads of state, heads of governments, members of parliaments, European commissioners, members of governments, presidential advisers, state advisers, secretaries of state; ... b) members of constitutional courts, members of supreme courts or other high courts whose decisions can only be appealed by means of extraordinary remedies; ... c) members of the courts of accounts or assimilated to them, members of the boards of central banks; ... d) Ambassadors, business officials, high-ranking officers of the armed forces; ... e) heads of institutions and public authorities; ... f) the members of the boards of directors and of the supervisory boards and the persons holding management positions of the autonomous regions, of the commercial companies with majority state capital and of the national companies. ... ((3) None of the categories provided in par. ((2) lit. a)-f) does not include persons occupying intermediate or lower functions. The categories provided in par. ((2) lit. a)-e) include, as the case may be, the functions exercised at Community or international level. ... (4) The members of the families of persons exercising important public functions are, for the purposes of this ... a) the spouse; ... b) children and their spouses; ... c) parents. ... (5) People publicly known as close associates of individuals exercising important public functions are: ... a) any natural person who proves to be the real beneficiary of a legal person or a legal entity together with any of the persons referred to in par. ((2) or having any other privileged business relationship with such a person; ... b) any natural person who is the only real beneficiary of a legal person or a legal entity known to be established for the benefit of one of the persons referred to in par. ((2). ... (6) Without prejudice to the application, on the basis of an assessment of the risk, of the additional measures of knowledge of the clientele, after the completion of a period of one year from the date on which the person ceased to occupy an important public office in the sense of par. (2), the institutions and persons referred to in art. 10 no longer considers that person to be politically exposed. ... + Article 4 (1) For the purposes of this law, the real beneficiary means any natural person who ultimately owns or controls the customer and/or the individual on behalf of or in whose interest, directly or indirectly, a transaction or a operation. ... (2) The notion of "real beneficiary" shall include at least: ... a) in the case of companies: ... 1. the person or natural persons who own or ultimately control a legal person by holding, directly or indirectly, the full package of shares or a number of shares or voting rights large enough to hold them. ensure control, including bearer shares, the legal person owned or controlled not being a trading company whose shares are traded on a regulated market and subject to advertising requirements in accordance with those regulated by Community legislation or with internationally established standards. This criterion is considered to be fulfilled in the case of holding at least 25% of the shares plus an action; 2. the person or natural persons who otherwise exercise control over the management or management bodies of a legal person; b) in the case of legal persons, other than those provided in lett. a), or of other entities or legal constructions that administer and distribute funds: ... 1. the natural person who is the beneficiary of at least 25% of the assets of a legal person or of an entity or legal construction, if the future beneficiaries have already been identified; 2. the group of persons in whose main interest is constituted or operates a legal person or entity or legal construction, where individuals who benefit from the legal entity or legal entity have not been still identified; 3. the person or natural persons exercising control over at least 25% of the assets of a legal person or entity or legal construction. + Chapter II Procedures for identifying clients and processing information on money laundering + Article 5 (1) As soon as a natural person, within the activity carried out for a legal person provided for in art. 10, or one of the individuals referred to in art. 10 has suspicions that an operation to be carried out is aimed at laundering money or financing terrorism, informs the person designated according to art. 20 20 para. (1), which immediately notifies the National Office for Prevention and Control of Money Laundering, hereinafter referred to as the Office. The designated person shall analyse the information received and notify the Office of reasonable reasoned suspicion. It confirms receipt of the referral. For the natural and legal persons referred to in art. 10 lit. k), the complaint is transmitted by the person who has suspicions that the operation to be carried out is aimed at laundering money or financing terrorism. ... ---------- Alin. ((1) of art. 5 5 has been amended by section 4 4 of art. 111 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 of 12 November 2012, by replacing a phrase. (2) The National Bank of Romania, the National Securities Commission, the Insurance Supervisory Commission or the Supervisory Commission of the Private Pension System shall immediately inform the Office of the authorization or refusal of authorization operations provided for art. 28 28 of Law no. 535/2004 , also communicating the reason for which the solution was ordered. ... (. If the Office considers it necessary, it may order, reasoned, the suspension of the operation for a period of 48 hours. If the 48 hours are fulfilled on a non-working day, the term shall be extended until the first working day. The amount for which the suspension of the operation was ordered remains blocked in the account of the holder until the expiry of the period for which the suspension was ordered or, as the case may be, until the disposition of another measure by the Prosecutor's Office of the High Court of Cassation and Justice, under the law. ... (4) If the Office considers that the period provided for by paragraph (3) is not sufficient, may request, motivated, before the expiry of this term, to the Prosecutor's Office of the High Court of Cassation and Justice to extend the suspension of the operation by no more than 72 hours. If the 72 hours are fulfilled on a non-working day, the term shall be extended until the first working day. The Prosecutor's Office of the High Court of Cassation and Justice may once authorize the requested extension or, as the case may be, order the termination of the operation. The decision of the Prosecutor's Office of the High Court of Cassation and Justice shall be communicated forthwith ... (. The Office shall communicate to the persons referred to in art. 10, within 24 hours, the decision to suspend the operation or, as the case may be, the measure of its extension, ordered by the Prosecutor's Office of the High Court of Cassation and Justice. ... (6) If the Office has not made the communication within the period provided in par. ((5), the persons to whom art refers. 10 will be able to perform. ... (7) Persons referred to in art. 10 or persons designated according to the provisions of 20 20 para. (1) shall report to the Office, no later than 10 working days, to carry out operations with cash, in lei or in foreign currency, whose minimum limit is the equivalent in lei of 15,000 euros, regardless of whether the transaction is carried out through one or more many operations that seem to have a connection between them. ... (8) The provisions of par. (7) shall also apply to external transfers in and from accounts for amounts whose minimum limit represents the equivalent in lei of 15,000 euros. ... (9) Persons referred to in art. 10 lit. e) and f) do not have the obligation to report to the Office the information they receive or obtain from one of their clients during the determination of the legal situation of it or of its defence or representation within certain judicial proceedings or in relation to them, including the provision of advice on the triggering of judicial proceedings, according to the law, whether that information has been received or obtained before, during or after the conclusion procedures. ... (10) The form and content of the report for the operations provided in ((1), (7) and (8) shall be determined by decision of the plenum of the Office, within 30 days from the date of entry into force of this Law. The reports provided in par. ((7) and (8) shall be transmitted to the Office, within 10 working days, on the basis of a working methodology developed by the Office. ... (11) In the case of persons provided in art. 10 lit. e) and f), the reports shall be made to the persons designated by the management structures of the liberal professions, who are required to transmit them to the Office no later than 3 days after receipt. The information shall be forwarded to the Office. ... (12) The National Customs Authority communicates monthly to the Office all the information it holds, according to the law, in relation to the statements of individuals regarding cash in foreign currency and/or in national currency, which is equal or exceeds the limit established by Commission Implementing Regulation (EU) No 1.889/2005 of the European Parliament and of the Council of 26 October 2005 on the control of cash at the entry or exit of the Union, held by them at the entry or exit of the Union. The National Customs Authority will communicate to the Office immediately, but no later than 24 hours, all information related to suspected money laundering or terrorist financing that are identified during the specific activity. ... (13) They are exempted from the reporting obligations provided in par. (7) the following operations carried out in name and on its own: between credit institutions, between credit institutions and the National Bank of Romania, between credit institutions and the State Treasury, between the National Bank of Romania and the Treasury State. By decision of the Government can be established, at the proposal of the plenum of the Office, other exemptions from the reporting requirements provided in par. ((7), for a fixed term. ... + Article 6 (1) Persons referred to in art. 10, who are aware that an operation to be carried out is aimed at laundering money, can carry out the operation without the prior information of the Office, if the transaction is required to be carried out immediately or if its failure would thwart efforts to track the beneficiaries of the suspicious transaction These persons, however, are obliged to inform the Office as soon as possible, but no later than 24 hours, about the transaction made, stating and the reason why they did not make the information, according to art. 5. ... (2) Persons referred to in art. 10, which finds that an operation or several operations that have been carried out on behalf of a customer shows indications of anomaly for the activity of this customer or for the type of the operation in question, will immediately refer the matter to the Office, if any suspicions that deviations from normality are aimed at laundering money or financing terrorism. ... ---------- Alin. ((2) of art. 6 6 has been amended by section 4 4 of art. 111 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 of 12 November 2012, by replacing a phrase. (3) Persons referred to in art. 10 immediately notifies the Office, when it finds that compared to an operation or several operations that have been carried out on the account of a customer there are suspicions that the funds are aimed at laundering money or financing terrorism. ... ---------- Alin. ((3) of art. 6 6 has been amended by section 4 4 of art. 111 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 of 12 November 2012, by replacing a phrase. + Article 7 (. The Office may require the persons referred to in art. 10, as well as to the competent institutions the data and information necessary to carry out the duties Information in relation to referrals received according to art. 5 5 and 6 are processed and used in the framework of the Office under confidentiality. ... (2) Persons referred to in art. 10 shall transmit to the Office the data and information requested, within 30 days from the date of receipt of the request. ... (3) The professional and banking secret to which the persons referred to in art. 10 10 are not posable to the Office. ... (4) The Office may exchange information, on the basis of reciprocity, with foreign institutions having similar functions and having the obligation to keep the secret under similar conditions, if such communications are made for the purpose of preventing and combating money laundering or terrorist financing. ... ---------- Alin. ((4) of art. 7 7 has been amended by section 4 4 of art. 111 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 of 12 November 2012, by replacing a phrase. + Article 8 (1) The Office will proceed with the analysis and processing of information, and when there is a thorough indication of money laundering or terrorist financing, it will immediately refer the matter to the Prosecutor's Office of the High Court of Cassation and Justice. If the financing of terrorism is found, the Romanian Intelligence Service will also immediately refer to the suspicious operations of terrorist financing. ... ---------- Alin. ((1) of art. 8 8 has been amended by section 4 4 of art. 111 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 of 12 November 2012, by replacing a phrase. ((2) Identity of the natural person who informed the designated natural person in accordance with art. 20 20 para. ((1) and of the natural person who, in accordance with art. 20 20 para. (1), has notified the Office cannot be disclosed in the complaint. ... (3) If following the analysis and processing of information received by the Office there is no sound evidence of money laundering or terrorist financing, the Office shall keep the information in evidence. ... ---------- Alin. ((3) of art. 8 8 has been amended by section 4 4 of art. 111 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 of 12 November 2012, by replacing a phrase. (4) If the information provided in par. ((3) are not completed for 10 years, they rank within the Office. ... (5) After receiving the complaint, the prosecutor who performs or supervises the prosecution and the Romanian Intelligence Service may request the Office to complete it. ... ---------- Alin. ((5) of art. 8 8 has been amended by section 1 1 of art. 55 of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (6) The Office shall have the obligation to make available to the prosecutor who carries out or supervises the prosecution and the Romanian Intelligence Service, at their request, the data and information it has obtained according to the provisions of this laws. ... ---------- Alin. ((6) of art. 8 8 has been amended by section 1 1 of art. 55 of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (7) The prosecution bodies will periodically communicate to the Office the status of resolution of the submitted referrals, as well as the amount of the amounts in the accounts of the natural or legal persons for whom the blocking was ordered, as a result of the suspensions performed or the precautionary measures ordered. ... ---------- Alin. ((7) of art. 8 8 has been amended by section 1 1 of art. 55 of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (8) The Office shall provide the natural and legal persons referred to in art. 10 10, as well as to the authorities responsible for financial control and prudential supervision, through a procedure considered appropriate, general information on suspicious transactions and typologies of money laundering and financing terrorism. ... ---------- Alin. ((8) of art. 8 8 has been amended by section 4 4 of art. 111 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 of 12 November 2012, by replacing a phrase. (9) The Office shall provide the persons referred to in 10 lit. a) and b), whenever possible, as a matter of confidentiality, through a means of secure communication, information on customers, individuals and/or legal persons exposed to the risk of money laundering and terrorist financing. ... ---------- Alin. ((9) of art. 8 8 has been amended by section 4 4 of art. 111 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 of 12 November 2012, by replacing a phrase. (10) After receiving reports of suspicious transactions, where there is a strong indication of the commission of offences other than money laundering or terrorist financing, the Office shall immediately refer the matter to the competent body. ... ---------- Alin. ((10) of art. 8 8 has been amended by section 4 4 of art. 111 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 of 12 November 2012, by replacing a phrase. + Article 9 (1) The application in good faith of the provisions of art. 5 -7 by natural and/or legal persons, including those provided in art. 10, cannot attract disciplinary, civil or criminal liability thereof. ... (2) Suspension and extension of the suspension made with non-compliance with the legal provisions and in bad faith or carried out as a result of the commission of an illicit act, under the conditions of tort civil liability and an injury was caused, by the Office and by the Prosecutor's Office of the High Court of Cassation and Justice draws the state's responsibility for the damage caused. ... + Article 10 The following natural or legal persons shall be subject to this law: a) credit institutions and branches in Romania of foreign credit institutions; ... b) financial institutions, as well as branches in Romania of foreign financial institutions; ... c) private pension fund managers, in their own name and for the private pension funds they manage, authorized marketing agents/approved in the private pension system; ... d) casinos; ... e) auditors, natural and legal persons who provide tax or accounting advice; ... f) public notaries, lawyers and other persons exercising liberal legal professions, if they provide assistance in the preparation or completion of operations for their clients regarding the purchase or sale of immovable property, shares or parts social or elements of the trade fund, the administration of financial instruments or other customer goods, the establishment or administration of bank accounts, savings or financial instruments, the organization of the subscription process of the contributions necessary for the establishment, operation or administration of a company commercial, constitution, administration or management of companies, collective investment undertakings in securities or other similar structures or conduct, according to the law, other fiduciary activities, as well as in the case of who represent their clients in any financial transaction or for immovable property; ... g) service providers for companies and other entities or legal constructions, other than those referred to in lett. e) or f), as defined in art. 2 lit. k); ... h) persons with attributions in the privatization process; ... i) real estate agents; ... j) associations and foundations; ... k) other natural or legal persons who sell goods and/or services, only to the extent that they are based on operations with cash, in lei or in foreign currency, whose minimum limit represents the equivalent in lei of 15,000 euros, whether the transaction is executed through a single operation or through several operations that seem to have a connection between them. ... + Article 11 Persons referred to in art. 10 are obliged, in carrying out their activity, to adopt measures to prevent money laundering and terrorist financing and, for this purpose, on the basis of risk, apply standard, simplified or additional measures of knowledge of the clientele, enabling them to identify, where appropriate, and the beneficial owner. ---------- Article 11 has been amended by section 1. 4 4 of art. 111 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 of 12 November 2012, by replacing a phrase. + Article 12 Credit institutions will not enter into correspondent relationships with a fictitious bank or credit institution that is known to allow a fictitious bank to use its accounts and if they have such relationships they will finish them. + Article 13 (1) Persons referred to in art. 10 have the obligation to apply the standard customer knowledge measures in the following situations: ... a) to establish a business relationship; ... b) to carry out occasional transactions in the amount of at least 15,000 euros or equivalent, regardless of whether the transaction is carried out through a single operation or several operations that seem to have a connection between them; ... c) when there are suspicions that the operation in question is aimed at laundering money or financing terrorism, regardless of the incidence of the derogatory provisions from the obligation to apply the standard knowledge measures of the clientele established in the present law and value of the operation; ... ---------- Lit. c) a par. ((1) of art. 13 13 has been amended by section 4.2 4 4 of art. 111 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 of 12 November 2012, by replacing a phrase. d) if there are doubts about the veracity or relevance of the identification information already held about the customer; ... e) to buy or change in chips casinos whose minimum value is the equivalent in lei of 2,000 euros. ... (2) When the amount is not known at the time of acceptance of the transaction, the natural or legal person obliged to determine the identity of the clients will proceed to their immediate identification, when informed about the value of the transaction and when he determined that the minimum limit provided in par. ((1) lit. b). ... (3) Persons referred to in art. 10 have the obligation to ensure the application of the provisions of this law also in the case of outsourced activities or those carried out ... (4) Credit institutions and financial institutions shall apply procedures for the knowledge of the clientele and of keeping records relating to it at least equivalent to those laid down in this Law in all branches and subsidiaries. they are located in third countries. ... + Article 14 Persons referred to in art. 10 will apply the standard customer knowledge measures to all new customers. The same measures will be applicable, depending on the risk, as soon as possible, and in the case of existing customers. + Article 15 (1) Credit institutions and financial institutions shall not open and operate anonymous accounts, i.e. accounts for which the identity of the holder or beneficiary is not known and evidenced accordingly. ... (2) In application of art. 14, persons referred to in art. 10 will apply the standard knowledge measures of the clientele to all holders and beneficiaries of existing anonymous accounts as soon as possible and anyway before they are used in any way. ... + Article 16 (1) Customer identification data shall include: ... a) in the case of individuals-the civil status data mentioned in the identity documents provided by law; ... b) in the case of legal persons-the data mentioned in the registration documents provided by law, as well as proof that the individual who leads the transaction legally represents the legal person. ... (2) In the case of foreign legal entities, at the opening of bank accounts will be requested those documents showing the identity of the company, the headquarters, the type of company, the place of registration, the special power of the one representing it in transaction, as well as a translation into Romanian of documents authenticated by an office of the notary public. ... + Article 17 Persons referred to in art. 10 may apply simplified customer knowledge measures in the following situations: a) in the case of life insurance policies, if the insurance premium or annual payment rates are less than or equal to the equivalent in lei of the amount of 1,000 euros or the single insurance premium paid is worth up to the equivalent in lei of 2.500 2.500 euros. If the periodic premium rates or annual payment amounts are either to be increased in such a way as to exceed the limit of the equivalent in lei of 1,000 euros, respectively of the equivalent in lei of 2,500 euros, the standard measures will be applied knowledge of the clientele; ... b) in the case of acts of accession to pension funds; ... c) in the case of electronic money defined according to the law, in the situations and under the conditions provided by the regulation ... Note ... ----------- * *) See Government Decision no. 594/2008 on the approval of the Implementing Regulation Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of terrorist acts, published in the Official Gazette of Romania, Part I, no. 444 444 of 13 June 2008, as amended. d) if the customer is a credit or financial institution, within the meaning of art. 10 10, from a Member State of the European Union or of the European Economic Area, or, where appropriate, a credit or financial institution of a third State, which imposes requirements similar to those laid down by this Law and supervises them relating to their application; ... e) in other cases and conditions, relating to customers, operations or products, which are at low risk of money laundering and terrorist financing, provided by the regulation implementing this law. ... ---------- Lit. e) of art. 17 17 has been amended by section 4.2 4 4 of art. 111 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 of 12 November 2012, by replacing a phrase. + Article 18 (1) Persons referred to in art. 10 apply, in addition to the standard customer knowledge measures, the additional measures to know the clientele in the following situations which, by their nature, may present an increased risk of money laundering or terrorist financing: ... ---------- The introductory part of para. ((1) of art. 18 18 has been amended by section 4.2 4 4 of art. 111 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 of 12 November 2012, by replacing a phrase. a) in the case of persons who are not physically present at the operations; ... b) in the case of correspondent relations with credit institutions from states that are not members of the European Union or do not belong to the European Economic Area; ... c) in the case of transactions or business relations with politically exposed persons, who are resident in another Member State of the European Union or of the European Economic Area or in a third country. ... (2) Persons referred to in art. 10 applies the additional measures of knowledge of the clientele and in other cases than those provided in par. (1), which, by their nature, pose an increased risk of money laundering or terrorist financing. ... ---------- Alin. ((2) of art. 18 18 has been amended by section 4 4 of art. 111 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 of 12 November 2012, by replacing a phrase. + Article 19 (1) In each case where the identity is requested according to the provisions of this law, the legal person or the natural person provided in art. 10, which has the obligation to identify the customer, will keep a copy of the document, as proof of identity, or identity references, for a minimum period of 5 years, starting with the date when the relationship with the customer ends. ... (2) Persons referred to in art. 10 will keep the secondary or operative records and records of all financial operations arising from the conduct of a business relationship or an occasional transaction for a period of at least 5 years after the end of the business relationship, respectively from the realization of the occasional transaction, in an appropriate form, in order to be used as means of proof in justice. ... + Article 20 (1) Legal persons referred to in art. 10 will designate one or more persons who have responsibilities in the application of this law, whose names will be communicated to the Office, together with the nature and with the limits of the said responsibilities. ... (2) Persons referred to in art. 10 lit. a)-d), g)-j), as well as the management structures of the liberal professions provided in art. 10 lit. e) and f) shall designate one or more persons having responsibilities in the application of this law, whose names shall be communicated to the Office, specifying the nature and limits of the responsibilities entrusted, and shall establish policies and procedures adequate knowledge of the clientele, reporting, secondary or operative record keeping, internal control, risk assessment and management, compliance and communication management, to prevent and prevent suspected operations of money laundering or terrorist financing, ensuring training corresponding to employees. Credit institutions and financial institutions are required to designate a subordinate compliance officer to the executive management, which coordinates the implementation of internal policies and procedures for the application of this law. ... (3) Persons designated according to par. ((1) and (2) are responsible for carrying out the tasks set out in the application of ... (4) Provisions of para. ((1), (2) and (3) are not applicable to the natural and legal persons referred to in art. 10 lit. k). ... (5) Credit institutions and financial institutions shall inform all branches and subsidiaries located in third States of the policies and procedures established in accordance with paragraph 1. ((2). ... (6) Persons designated according to par. ((1) and (2) will have direct and timely access to the relevant data and information necessary to fulfill the obligations provided by this law. ... + Article 21 Persons designated according to art. 20 20 para. (1) and the persons referred to in art. 10 will draw up for each suspicious transaction a written report, in the form established by the Office, which will be transmitted immediately to it. + Article 22 (1) The management structures of the liberal professions will conclude with the Office, within 60 days from the entry into force of this law, collaboration protocols. ... (2) The Office shall organize at least once a year training seminars in the field of prevention of money laundering and terrorist financing. Upon request, the Office and the supervisory authorities may participate in the special training programs of the persons referred to in art. 10. ... ---------- Alin. ((2) of art. 22 22 has been amended by section 4 4 of art. 111 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 of 12 November 2012, by replacing a phrase. + Article 23 ((1) Authorization and/or registration of entities performing foreign exchange activities on the territory of Romania, other than those subject to the supervision of the National Bank of Romania under this law, shall be carried out by the Ministry Public Finance, through the Commission for the authorisation of foreign exchange activity, hereinafter referred to as the Commission. ... (2) The legal provisions regarding the tacit approval procedure do not apply within the authorization and/or registration procedure of the entities referred to in par. ((1). ... (3) The composition of the Commission referred to in paragraph ((1) is established by joint order of the Minister of Public Finance, the Minister of Administration and Interior and the President of the Office, from its structure being part of at least one representative of the Ministry of Public Finance, Ministry of Administration and Interior and Office. ... (4) The procedure for the authorization and/or registration of the entities referred to in par. (1) is established by order of the Minister of Public Finance. ... + Article 24 (1) The application of the provisions of this law shall be checked and controlled, within the framework of the duties, by the following authorities or structures: ... a) prudential supervisory authorities, for persons subject to this supervision, according to the law, including for branches in Romania of foreign legal entities subject to similar supervision in the country of origin; ... b) Financial Guard and other authorities with financial-fiscal control powers, according to the law; the Financial Guard has powers including for entities performing foreign exchange activities, except those supervised by the authorities referred to in letter a); ... c) the management structures of the liberal professions, for the persons referred to in art. 10 lit. e) and f); ... d) Office, for all persons referred to in art. 10, except for those for which the application of the provisions of this law shall be verified and controlled by the authorities and structures provided in lett. a). ... (2) When the data obtained result in suspicions of money laundering, terrorist financing or other violations of the provisions of this law, the authorities and structures provided in par. ((1) lit. a)-c) shall immediately inform the Office. ... ---------- Alin. ((2) of art. 24 24 has been amended by section 4 4 of art. 111 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 of 12 November 2012, by replacing a phrase. (3) The Office may carry out joint checks and checks with the authorities referred to in paragraph ((1) lit. b) and c). ... (. In the exercise of the tasks of verification and control, the authorized representatives of the Office may consult the documents drawn up or held by the persons subject to the control and may retain their photocopies in order to establish circumstances surrounding suspected money laundering and terrorist financing. ... + Article 25 (1) The staff of the Office shall be obliged not to transmit the information received during the activity except under the law. The obligation is also maintained after the termination of the position for a duration of 5 years. ... (2) Persons referred to in art. 10 and their employees have the obligation not to transmit, outside the conditions provided by law, the information held in connection with money laundering and terrorist financing and not to warn customers about the complaint of the Office. ... ---------- Alin. ((2) of art. 25 25 has been amended by section 4 4 of art. 111 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 of 12 November 2012, by replacing a phrase. (3) It is forbidden to use for personal purposes the employees of the Office and of the persons referred to in art. 10 of the information received, both during the activity and after its termination. ... (4) The commission of the following acts in the exercise of its duties does not constitute a violation of the prohibition provided in par ((2): ... a) providing information to the competent authorities referred to in art. 24 and the provision of information in the cases expressly provided by law; ... b) the transmission of information between credit institutions and financial institutions from Member States of the European Union or of the European Economic Area or from third countries belonging to the same group and applying procedures for the knowledge of the clientele and for the keeping of records relating to this equivalent to those provided for in this Law and shall be supervised in respect of their application in a manner equivalent to that regulated by this Law; ... c) transmission of information between the persons referred to in art. 10 lit. e) and f) of Member States of the European Union or of the European Economic Area or third States which impose conditions equivalent to those laid down in this Law, which carry out their professional activity within the same legal entity or of the same structure in which the ownership, administration or control of conformity is common; ... d) transmission of information between the persons referred to in art. 10 lit. a), b), e) and f), located in Member States of the European Union or of the European Economic Area or third States that impose requirements equivalent to those of this law, in cases related to the same customer and to the same transaction carried out by two or more of the abovementioned persons, provided that they come from the same professional category and that equivalent requirements are applied to professional secrecy and the protection of personal data. ... (5) When the European Commission adopts a decision finding that a third State does not meet the requirements laid down in paragraph 1. ((4) lit. b), c) or d), the persons referred to in art. 10 and their employees have the obligation not to transmit to this state or to institutions or persons in the state concerned the information held in connection with money laundering and terrorist financing. ... ---------- Alin. ((5) of art. 25 25 has been amended by section 4 4 of art. 111 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 of 12 November 2012, by replacing a phrase. (6) It is not considered a violation of the obligations provided in par. (2) the act of persons provided in art. 10 lit. e) and f) which, in accordance with the statutory provisions, seeks to discourage a client from carrying out illicit activities. ... + Chapter III National Office for Prevention and Control of Money Laundering + Article 26 (1) The office operates as a specialized body with legal personality subordinated to the Government and the coordination of the Prime Minister, through the Chancellery of the Prime Minister, based in Bucharest. ... ---------- Alin. ((1) of art. 26 26 has been amended by section IV of art. 8 of EMERGENCY ORDINANCE no. 40 40 of 28 June 2016 , published in MONITORUL OFFICIAL no. 490 490 of 30 June 2016. (2) The office has as its object of activity the prevention and combating of money laundering and terrorist financing, the purpose in which it receives, analyzes, processes information and notifies, under the conditions of art. 8 8 para. (1), the Prosecutor's Office of the High Court of Cassation and Justice and the Romanian Intelligence Service. ... ---------- Alin. ((2) of art. 26 26 has been amended by section 2 2 of art. 55 of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (. The Office shall conduct the analysis of suspicious transactions ... a) to the complaint of any of the persons referred to in art. 10 10; ... b) ex officio, when he becomes aware of any way about a suspicious transaction. ... (4) The Office may order, at the request of the Romanian judicial bodies or at the request of foreign institutions that have similar duties and which have the obligation to keep the secret under similar conditions, the suspension of a transaction that has as purpose of money laundering or terrorist financing, art. 5 5 para. ((3)-(6) by applying properly, taking into account the justifications submitted by the requesting institution, as well as the fact that the transaction could have been suspended had it been the subject of a report on a suspicious transaction submitted by one of the natural and legal persons referred to in art. 10. ... ---------- Alin. ((4) of art. 26 26 has been amended by section 4 4 of art. 111 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 of 12 November 2012, by replacing a phrase. (5) In order to exercise its powers, the Office shall have its own apparatus, at the central level, whose organizational chart is approved by Government decision. ... (6) The Office shall be headed by a President, appointed by the Government of the members of the plenum of the Office, which shall be the principal authorising officer, assisted by 3 councillors. ... (7) The Plenum of the Office is the deliberative and decision-making structure, consisting of one representative of the Ministry of Public Finance, Ministry of Justice, Ministry of Administration and Interior, Prosecutor's Office of the High Court of Cassation and Justice, the National Bank of Romania, the Court of Accounts and the Romanian Association of Banks, appointed for a period of 5 years, by Government decision. ... (8) The deliberative and decision-making activity provided in par. (7) refers to the specialized works analyzed by the plenum of the Office. On matters of an economic and administrative nature the plenum of the Office shall be pronounced only at the request ... (9) In the exercise of his duties the plenum of the Office shall adopt decisions by the majority ... (10) Members of the Office shall, at the time of appointment, meet the following conditions: ... a) to be licensed and to be at least 10 years old in an economic or legal function; ... b) to be domiciled in Romania; ... c) to have only Romanian citizenship; ... d) have the exercise of civil and political rights; ... e) to enjoy a high professional and moral competence nestirbita. ... (11) It is prohibited to members of the Office of the Office to be part of political parties or to conduct public activities of a political nature ... (12) The position of a member of the Office's plenum shall be incompatible with any other public or private function, with the exception of teaching positions in higher education. ... (13) Members of the Office of the Office shall immediately, in writing, communicate to the President of the Office the occurrence of any incompatibility situation. ... (14) During the period of office the members of the plenum of the Office will be posted, respectively their employment relationship will be suspended, and upon termination of the mandate will return to the previously held position. ... (15) In case of vacancy of a post within the plenum of the Office, the head of the competent authority will propose to the Government a new person, within 30 days from the date of vacancy of the post. ... (16) The mandate of the plenum of the Office shall cease in the following situations: ... a) on expiry of the term for which he was appointed; ... b) by resignation; ... c) by death; ... d) by the impossibility of exercising the mandate for a period of more than 6 months; ... e) the occurrence of incompatibilities; ... f) by revocation by the appointing authority. ... (17) The staff employed by the Office may not occupy any post or perform any function within any of the legal persons referred to in art. 10 at the same time as the employee's employee activity. ... (18) For the functioning of the Office the Government will transmit in its administration the necessary buildings-land and buildings-from the public and private domain, within 60 days from the date of registration of the application. ... (19) The Office may participate in the activities of international specialist bodies and may be a member thereof. ... + Chapter IV Liabilities and penalties + Article 27 Violation of the provisions of this law attracts, as appropriate, civil, disciplinary, contravention or criminal liability. + Article 28 (1) The following facts are contrary to the Constitution, if they were not committed under such conditions as to constitute crimes: ... a) non-compliance with the obligations provided 5 5 para. ((1), (7) and (8) and in art. 6 6; ... b) non-compliance with the obligations provided 5 5 para. (3) third sentence, art. 7 7 para. ((2), art. 11 11, 12, 13, 14, 15, art. 18 18 para. ((1), art. 19 19-21 and in art. 24. ... (2) Contraventions provided in par. ((1) lit. a) is sanctioned with a fine of 10,000 lei to 30,000 lei, and the contraventions provided in par. ((1) lit. b) is sanctioned with a fine of 15,000 lei to 50,000 lei. ... (3) The sanctions provided in par. ((2) shall also apply to legal persons. ... (4) In addition to the sanction provided in par. ((3), the legal person may apply one or more of the following complementary contravention sanctions: ... a) confiscation of goods intended, used or resulting from the contravention; ... b) suspension of the opinion, agreement or authorization to exercise an activity or, as the case may be, the suspension of the activity of the economic operator, for a duration of one month to 6 months; ... c) the withdrawal of the license or of the opinion for certain operations or for foreign trade activities, for a period of one month to 6 months or definitively; ... d) blocking the bank account for a period of 10 days to one month; ... e) the cancellation of the opinion, agreement or authorization to exercise an activity; ... f) closing the unit. ... (5) Contraventions are also found the sanctions provided in par. ((2) shall apply by representatives empowered, as the case may be, by the Office or by another competent authority, according to the law, to carry out the control. If the control is carried out by the supervisory authorities, the finding of contraventions and the application of sanctions shall be made by the representatives of power appointed by those authorities. ... (6) For the facts provided in par. (1), in addition to the contravention sanctions, they may apply by the supervisory authorities and specific sanctioning measures, according to their competence. ... (7) The provisions of this Law on contraventions shall be duly completed with the provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, except art. 28 28 and 29. ... + Article 29 (1) It constitutes the crime of money laundering and is punishable by imprisonment from 3 to 10 years: ... a) the change or transfer of goods, knowing that they come from the commission of crimes, for the purpose of concealing or concealing the illicit origin of these goods or in order to help the person who committed the crime from which his or her assets come evade prosecution, judgment or execution of the sentence; ... b) concealment or concealment of the true nature of the provenance, of the situation, of the provision, of the movement or property of the goods or of the rights on them, knowing that the goods come from the commission of crimes; ... c) the acquisition, possession or use of goods, knowing that they come from the commission of crimes. ... (2) The attempt is punishable. ... (3) If the act was committed by a legal person, in addition to the penalty of the fine, the court applies, as the case may be, one or more of the complementary penalties provided for in art. 136 136 para. ((3) lit. a)-c) of the Criminal Code. ... (4) The knowledge of the provenance of the goods or the intended purpose can be inferred/inferred from the objective factual circumstances. ... (5) Provisions of para. ((1)-(4) shall apply regardless of whether the crime from which the property originates was committed on the territory of Romania or abroad. ... ---------- Article 29 has been amended by section 6.6. 2 2 of art. 111 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012, as amended by RECTIFICATION no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 117 117 of 1 March 2013. + Article 30 The person who committed the crime provided in art. 29, and during the criminal investigation denounces and facilitates the identification and criminal liability of other participants in the commission of the crime benefits from the reduction in half of the limits of the sentence provided by law. + Article 31 (1) Failure to comply with the obligations provided for in 18 constitutes a crime and is punishable by imprisonment from 6 months to 3 years or a fine, if the act does not constitute a more serious crime. ... (2) If the act provided in par. (1) was committed at fault, the sentence is imprisonment from 3 months to 2 years or fine. ... ---------- Article 31 has been amended by section 6.6. 3 3 of art. 111 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012, as amended by RECTIFICATION no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 117 117 of 1 March 2013. + Article 32 If a crime of money laundering or terrorist financing has been committed, taking precautionary measures is mandatory. ---------- Article 32 has been amended by section 4.2. 4 4 of art. 111 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 of 12 November 2012, by replacing a phrase. + Article 33 (1) In the case of crimes of money laundering and terrorist financing, the provisions of art. 118 of the Criminal Code on confiscation of goods. ... ---------- Alin. ((1) of art. 33 33 has been amended by section 4 4 of art. 111 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 of 12 November 2012, by replacing a phrase. (2) If the goods subject to confiscation are not found, their equivalent in money or the goods acquired in their place shall be confiscated. ... (3) Income or other material benefits obtained from the goods referred to in par. ((2) shall be confiscated. ... (4) If the goods subject to confiscation cannot be individualized against the legally acquired goods, goods shall be confiscated up to the value of the value of the goods subject to confiscation. ... (5) Provisions of para. (4) shall also apply accordingly to the income or other material benefits obtained from the goods subject to confiscation, which cannot be individualized against the legally acquired goods. ... (6) In order to guarantee the carrying out of the confiscation of goods, it is mandatory to take the precautionary measures provided by the Code of Criminal Procedure ... + Article 34 Repealed. ---------- Article 34 has been repealed by point (a) 3 3 of art. 55 of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 35 Repealed. ---------- Article 35 has been repealed by point (a) 3 3 of art. 55 of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 36 Repealed. ---------- Article 36 has been repealed by point (a) 3 3 of art. 55 of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 37 Final court decision on the offence provided for in art. 29 29 the Office shall communicate. ---------- Article 37 has been amended by section 6.6. 4 4 of art. 55 of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Chapter V Final provisions + Article 38 Identifying customers, according to art. 13, will be made from the date of entry into force of this law. + Article 39 Within 30 days from the date of entry into force of this Law, the Office shall submit to the Government for approval its regulation of organization and functioning. + Article 40 Law no. 21/1999 for the prevention and sanctioning of money laundering, published in the Official Gazette of Romania, Part I, no. 18 of 21 January 1999, as amended, shall be repealed. * The provisions of art. 1 1 para. ((5), art. 2 2 para. ((1), art. 3 3 section 1, 2 and 6-10, art. 4, 5, 6, 7, art. 8 8 para. ((2), art. 9 9 para. ((1), (5) and (6), art. 10 10 para. ((1), art. 11 11 para. ((1)-(3) and (5), art. 13, 14, 17, 20, 21, 22, 23, 25, 26, 27, art. 28 28 para. ((2)-(7), art. 29 29, art. 31 31 para. ((1) and (3), art. 32 32, art. 33 33 para. ((1) and (2), art. 34 34, art. 35 35 para. ((1) and (3), art. 37 37 para. ((1)-(3) and (5), as well as of art. 39 39 of Directive of the European Parliament and of the Council COUNCIL DIRECTIVE of 26 October 2005 on the prevention of the use of the financial system for the purposes of money laundering and terrorist financing, published in the Official Journal of the European 309 of November 25, 2005, and art. 2 2 of European Commission Directive 2006 /70/EC COMMISSION DECISION of 1 August 2006 laying down implementing measures Directive of the European Parliament and of the Council as regards the definition of "politically exposed persons" and the technical criteria for the application of simplified customer due diligence procedures, as well as exemption on the grounds of a financial activity carried out on a casual basis or at very limited scale, published in the Official Journal of the European Union, L series, no. 214 214 of 4 August 2006. Note ... ---------- NOTE: We reproduce below art. III of Government Emergency Ordinance no. 53/2008 amending and supplementing Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of terrorist acts, approved with amendments and completions by Law no. 238/2011 ,, which is not incorporated into the republished form and which shall continue to apply as its own provisions: "" Art. III. --(1) In application Regulation of the European Parliament and of the Council (EC) No 1.781/2006 COUNCIL DECISION of 15 November 2006 on information on the payer accompanying transfers of funds published in the Official Journal of the European Union no. L 345 of 8 December 2006 shall be designated as the authorities responsible for monitoring compliance with the provisions on information about the payer, accompanying transfers of funds: a) National Bank of Romania, for credit institutions and payment institutions; ... b) National Office for Prevention and Control of Money Laundering, for postal service providers who provide payment services according to the applicable national legislative framework. ... (2) They are exempted from the application Regulation of the European Parliament and of the Council (EC) No 1.781/2006 of 15 November 2006 transfers of funds referred to in art. 3 3 para. 6 6 of the Regulation. ... (3) The following facts are contraventions: ... a) violation of the provisions of art. 9 9 para. ((2) the last sentence of Regulation of the European Parliament and of the Council 1.781/2006 of 15 November 2006; ... b) violation of the provisions of art. 4 4, art. 5 5 para. ((1), (2), (4) and (5), art. 6 6 para. ((2), art. 7 7 para. ((2), art. 8 8, art. 9 9 para. ((1) and para. (2) the first sentence, art. 11 11, art. 12 12, art. 13 13 para. ((3), (4) and (5) and art. 14 the first sentence of Regulation of the European Parliament and of the Council 1.781/2006 . ... (4) Contraventions provided in par. ((3) lit. a) is sanctioned with a fine of 10,000 lei to 30,000 lei, and the contraventions provided in par. ((3) lit. b), with a fine of 15,000 lei to 50,000 lei. ... (5) Contraventions shall be found and the contravention sanctions shall be applied by the authorized representatives appointed by the National Bank of Romania, respectively by the National Office for Prevention and Control of Money Laundering, according to skills. ... (6) Provisions art. 22 22 *) of Law no. 656/2002 ,, as amended and supplemented, shall apply accordingly. '; ... ------------- *) Article 22 has become following the republication and renumbering of art. 28. ---------- -------
