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Law No. 230 Of 13 July 2005 On The Modification And Completion Of The Law #. 656/2002 For The Prevention And Sanctioning Of Money Laundering

Original Language Title:  LEGE nr. 230 din 13 iulie 2005 privind modificarea şi completarea Legii nr. 656/2002 pentru prevenirea şi sancţionarea spălării banilor

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LEGE no. 230 230 of 13 July 2005 amending and supplementing Law no. 656/2002 to prevent and sanction money laundering
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 618 618 of 15 July 2005



The Romanian Parliament adopts this law + Article I Law no. 656/2002 for the prevention and sanctioning of money laundering, published in the Official Gazette of Romania, Part I, no. 904 of 12 December 2002, as amended, shall be amended and supplemented as follows: 1. The title of the law will read: " L E G E 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 " 2. Article 1 shall read as follows: "" Art. 1. -This law establishes measures to prevent and combat money laundering, as well as some measures to prevent and combat the financing of acts of terrorism. " 3. in Article 2, after letter a) the letter of ^ 1 is inserted) with the following contents: " a ^ 1) by the financing of acts of terrorism means the offence provided for in art. 36 36 of Law no. 535/2004 on preventing and combating terrorism; '. 4. In Article 2, letter c) shall read as follows: " c) by suspicious transaction means the operation which, by its nature and unusual character in relation to the activities of the client of one of the persons referred to in art. 8, awakens suspicion of money laundering or financing of acts of terrorism; ". 5. in Article 2, after letter c), the following point d is inserted: "d) through external transfers in and from the accounts shall be understood the operations of payments and receipts made between persons on the territory of Romania and persons abroad." 6. In Article 3, paragraph 1 shall read as follows: "" Art. 3. -(1) As soon as the employee of a legal person or one of the individuals referred to in art. 8 has suspicions that an operation to be carried out is aimed at laundering money or financing acts of terrorism, will inform the designated person according to art. 14 14 para. (1), which will immediately refer the National Office for Prevention and Control of Money Laundering, hereinafter referred to as the Office. It will confirm receipt of the referral. " 7. in Article 3, after paragraph 1, the following paragraph 1 shall be inserted: " (1 ^ 1) The National Bank of Romania, the National Securities Commission or the Insurance Supervisory Commission shall immediately inform the Office about the authorization or refusal of authorization of the operations provided for in art. 28 28 of Law no. 535/2004 on the prevention and combating of terrorism, also communicating the reason for which that solution was ordered. " 8. In Article 3, paragraphs 2 and 3 shall read as follows: " (2) If the Office considers it necessary, it may order, reasoned, the suspension of the operation for a period of 3 working days. 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. (3) If the Office considers that the period of 3 working days is not sufficient, it may request, reasoned, before the expiry of this period, to the Prosecutor's Office of the High Court of Cassation and Justice to extend the suspension of the operation with working days. The Prosecutor's Office of the High Court of Cassation and Justice may once authorize the requested extension or, as the case may be, the termination of the suspension of the operation. 9. in Article 4, paragraph 2 is inserted as follows: " (2) Persons referred to in art. 8, 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 acts of terrorism. " 10. In Article 5, paragraphs 1 and 4 shall read as follows: "" Art. 5. -(1) The Office may ask the persons referred to in Article 8, 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. 3 and 4 have a secret service character. .................................................................. (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. " 11. In Article 6, paragraph 1 shall read as follows: "" Art. 6. -(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 Justice. Cassation and Justice. If the financing of acts of terrorism is found, the Romanian Intelligence Service will also immediately refer to the suspicious operations of financing the acts of terrorism. " 12. Article 6 (1) shall be inserted after paragraph 1 with the following contents: "" (1 ^ 1) Identity of the natural person who, in accordance with art. 14 14 para. ((1), referred to the Office shall not be disclosed in the complaint. " 13. In Article 6, paragraphs 2, 3, 4 and 6 shall read as follows: " (2) 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. (3) If the information provided in par. ((2) are not completed for 10 years, they rank within the Office. (4) After receiving the complaints, the Prosecutor's Office of the High Court of Cassation and Justice may request, reasoned, the Office to complete them. The request can also be made by the prosecutors ' offices near the courts of appeal or from the courts or, as the case may be, by the National Anti-Corruption Prosecutor's Office, in the cases assigned to the Prosecutor's Office of the High Court of Cassation and Justice. ............................................................... (6) The prosecutor's office of the High Court of Cassation and Justice or, as the case may be, the National Anti-Corruption Prosecutor's Office will communicate quarterly the stage of resolution of the transmitted referrals, as well as the amount of the amounts legal for which the blocking was ordered, as a result of the suspensions carried out. " 14. in Article 6, after paragraph 6, paragraphs 7 and 8 shall be inserted as follows: " (7) The Office shall provide the natural and legal persons referred to in art. 8 8, 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 of acts of terrorism. (8) 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. ' 15. In Article 8, letters a)-c) and letter e) shall read as follows: "" a) banks, branches of foreign banks, credit institutions and branches in Romania of foreign credit institutions; b) financial institutions, such as: investment funds, investment firms, investment management companies, storage companies, custody companies, financial investment services companies, pension funds and other such funds, which perform the following operations: lending, including consumer credit, mortgage credit, factoring, financing of commercial transactions, including lump sum, financial leasing, payment transactions, issuance and administration of means of payment, credit cards, traveller's cheques and the like, granting or assuming guarantees and underwriting commitments, transactions on own account or in the account of clients through money market instruments, cheques, payment orders, deposit certificates, currency exchange, financial products derivatives, financial instruments related to the exchange rate or interest rate, securities, participation in the issuance of shares and the provision of services related to these issues, advice given to enterprises in matters of structure of capital, industrial strategy, consulting and services in the field of mergers and acquisitions of enterprises, intermediation in interbank markets, portfolio management and consultancy in this field, custody and administration of securities, as well as branches in Romania of foreign financial institutions; c) insurance and reinsurance companies, as well as branches in Romania of foreign insurance and reinsurance companies; ................................................................... e) auditors, natural and legal persons who provide tax, accounting or financial-banking consultancy; ". 16. in Article 8, by letter e) the letter e ^ 1 is inserted) with the following contents: " e ^ 1) public notaries, lawyers and other persons exercising liberal legal professions, where they provide assistance in the preparation or completion of operations for their clients regarding the purchase or sale of immovable property, shares or social parts 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 organisation of the process of underwriting the contributions necessary for the establishment, operation or administration of a companies, the establishment, administration or management of companies, undertakings for collective investment in transferable securities or other similar structures, and where they represent their clients in any operation with financial character or immovable property; '. 17. In Article 8, letter i) shall read as follows: "" i) State Treasury and customs authorities; '. 18. in Article 8, after letter j), the letter j ^ 1 is inserted) with the following contents: "" j ^ 1) associations and foundations. " 19. in Article 8, paragraph 2 is inserted as follows: " (2) The persons referred to in par. ((1) lit. e) and e ^ 1), with regard to the information they receive or obtain from one of their clients, in the course of determining the legal situation of it or of the defence or its representation in judicial proceedings or in relation to they, including the provision of advice on the triggering of legal proceedings, whether that information has been received or obtained before, during or after the end of the proceedings. '; 20. In Article 9, paragraph 3 shall read as follows: "" (3) As soon as there is an information that the operation is aimed at laundering money or financing terrorist acts, it will be done to identify customers, even if the value of the operation is lower than the minimum limit set in par. ((2). ' 21. in Article 9, after paragraph 5, paragraphs 6 and 7 shall be inserted as follows: " (6) The authorities of prudential supervision of persons referred to in art. 8 issue, according to their competence, rules on the measures necessary to establish the identity of customers in the case of operations carried out between persons who are not physically present at their performance (7) The prudential supervisory authorities and the financial control authorities of the persons referred to in art. 8 issue, according to their competence, rules on the standards of knowledge of the clientele. " 22. Article 11 shall read as follows: "" Art. 11. -If there is information regarding the customers referred to in art. 9 9 and 10, in the sense that the transaction does not take place in its own name, the natural and legal persons mentioned in art. 8 will take measures to obtain data about the person's true identity in the interest of or on whose behalf these clients act, including from the Office. " 23. In Article 12, paragraph 3 shall read as follows: " (3) Customer identification requirements shall not be required if it has been established that payment will be made by debiting an account opened on behalf of the customer at a credit or financial institution in Romania, from a Member State of the European Union or at a secondary establishment in a Member State of the European Union of a credit or financial institution in a third country. ' 24. in Article 12, after paragraph 3, paragraph 4 is inserted as follows: "" (4) The identification requirements of the customer shall not be required if it is a credit or financial institution in Romania, from a Member State of the European Union, a branch of a European Union Member State of a credit institution or financial institutions from a third country or, where applicable, a credit or financial institution in a third country, which imposes identification requirements similar to those laid down by the Romanian law. " 25. Article 14 (1) shall be inserted after paragraph 1 with the following contents: "" (1 ^ 1) Financial institutions have the obligation to designate a compliance officer at the level of the executive management, who will have duties in relation to: a) the development of internal policies, procedures and control, in order to ensure high standards for the employment of personnel; b) the conduct of continuous professional training programs; c) implementation of control procedures for testing the system. " 26. In Article 14, paragraph 2 shall read as follows: " (2) Persons designated according to par. ((1) and (1 ^ 1) shall be responsible for carrying out the tasks established in the application of this Law 27. In Article 16, paragraph 1 shall read as follows: "" Art. 16. -(1) Legal persons referred to in art. 8, as well as the leading structures of the liberal legal professions will establish appropriate procedures and methods of internal control, to prevent and prevent money laundering and the financing of acts of terrorism, and will ensure the training of employees for the recognition of operations which may be related to money laundering or to the financing of terrorist acts and to taking immediate action in such situations. '; 28. Article 16 (1) shall be inserted after paragraph 1 with the following contents: "" (1 ^ 1) The management structures of the liberal professions shall conclude with the Office, within 60 days from the entry into force of this law, protocols of cooperation. " 29. In Article 17, paragraph 1 shall read as follows: "" Art. 17. -(1) The authorities with financial control powers, according to the law, and those of prudential supervision of the persons referred to in art. 8 will check and control, within the framework of their duties, the application of the provisions of this law, and when the data obtained result suspicions of money laundering, financing of acts of terrorism or other violations of the the provisions of this law shall immediately inform the Office. " 30. in Article 17, after paragraph 2, paragraph 3 is inserted as follows: " (3) The obligation provided in par. (1) shall also apply to the National Customs Authority on persons crossing the state border of Romania having on them cash or securities exceeding the equivalent in lei of 10,000 euros. " 31. In Article 18, paragraph 2 shall read as follows: " (2) Persons referred to in art. 8 and their employees have the obligation not to transmit, outside the conditions provided by law, the information held in connection with money laundering and the financing of terrorist acts and not to warn customers about the complaint of the Office. " 32. In Article 19, paragraphs 2 and 4 shall read as follows: " (2) The office has as its object of activity the prevention and combating of money laundering and the financing of acts of terrorism, the purpose in which it receives, analyzes, processes information and notifies, under the conditions of art. 6 6 para. (1), the Prosecutor's Office of the High Court of Cassation and Justice. ................................................................. (4) 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. " 33. Article 20 shall read as follows: "" Art. 20. --(1) Salarization of the members of the plenum and the staff of the Office, the nomenclature of functions, the conditions of seniority and studies for the framing and promotion of the personnel are set out in the Annex which forms an (2) Members of the plenum and staff of the Office shall have all the rights and obligations laid down in the legal regulations referred to in the ((3) Persons who, according to the law, manage classified information benefit from a 25% increase granted for the management of classified data and information. " 34. In Article 22, paragraphs 1 and 2 shall read as follows: "" Art. 22. -(1) The following facts are contrary to the Constitution: a) non-compliance with the obligations provided 3 3 para. ((1), (6) and (7) and in art. 4 4; b) non-compliance with the obligations provided 5 5 para. ((2), art. 9 9, art. 11 11, art. 13-15 13-15, art. 16 16 para. ((1) and in art. 17. (2) Contraventions provided in par. ((1) lit. a) is sanctioned with a fine of 100,000,000 lei to 300,000,000 lei, and the contraventions provided in par. ((1) lit. b) is sanctioned with a fine from 150,000,000 lei to 500,000,000 lei. " 35. Article 24 shall be inserted after Article 24 with the following contents: "" Art. 24 24 ^ 1. -If a crime of money laundering or terrorist financing has been committed, the taking of precautionary measures is mandatory. " 36. Article 25 shall read as follows: "" Art. 25. -(1) In the case of crimes of money laundering and financing of acts of terrorism, the provisions of art. 118 of the Criminal Code on confiscation of goods. (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. 37. Article 26 shall read as follows: "" Art. 26. -In the case of crimes provided for in 23 and 24, as well as in the case of the crime of financing acts of terrorism, banking secrecy and professional secrecy are not opposable to prosecution bodies nor to the courts. The data and information requested by the prosecutor or the court shall be communicated by the persons referred to in art. 8, at the written request of the criminal investigation bodies, with the authorization of the prosecutor or the prosecutor or the court. " 38. Article 27 shall read as follows: "" Art. 27. -(1) When there are strong indications regarding the commission of the crime of money laundering or terrorist financing, in order to collect evidence or identify the perpetrator, the following measures may be ordered: a) the supervision of bank accounts and their assimilated accounts; b) surveillance, interception or recording of communications; c) access to information systems. (2) The measure provided in par. ((1) lit. a) may be ordered by the prosecutor for a duration of no more than 30 days. For thorough reasons, this measure can be extended by the prosecutor by reasoned order, each extension not exceeding 30 days. The maximum duration of the measure ordered is 4 months. (3) The measures provided in par. ((1) lit. b) and c) may be ordered by the judge, according to art. 91 ^ 1 -91 ^ 6 of the Code of Criminal Procedure, which applies accordingly. (4) The prosecutor may order to be communicated documents, bank documents, financial or accounting documents, under the conditions provided in par. ((1). ' 39. Article 27 (1) shall be inserted after Article 27: "" Art. 27 27 ^ 1. -If there are thorough and concrete indications that it has been committed or that it is preparing to commit a crime of money laundering or financing acts of terrorism, which cannot be discovered or whose perpetrators cannot be identified by other means, may be used, in order to collect data on the existence of the crime and identify the perpetrators, undercover investigators, under the conditions provided by the Code of Criminal Procedure. " 40. The Annex shall read as follows: "" ANNEX SALARIZATION members of the Office of the Office National Prevention and Control of Money Laundering No. The level of studiesLegal regulation according to which SALARIZAREAVechimea is made 1.PresidentsCoefficient of multiplication provided for in Government Emergency Ordinance no. 177/2002 177/2002, ANNEX no. 1 1 head. a no. crt. 210 210 years in economic or legal functions 2.Member of the plenum The coefficient of multiplication provided for in Government Emergency Ordinance no. 177/2002 177/2002, Annex no. 1 1 head. a no. crt. 310 years in economic or legal functions 3.Adviser of the President SCoefficient of multiplication provided for in Government Emergency Ordinance no. 177/2002 177/2002, Annex no. 1 1 head. a no. crt. 4-4.DirectoryThe coefficient of multiplication provided for in Government Emergency Ordinance no. 177/2002 177/2002, Annex no. 1 1 head. a no. crt. 5-5.Chief of servicesThe coefficient of multiplication provided for in Government Emergency Ordinance no. 177/2002 177/2002, Annex no. 1 1 head. a no. crt. 9-6.Financial analyst the degree ISCoefficient of multiplication provided for in Government Emergency Ordinance no. 177/2002 177/2002, Annex no. 1 1 head. a no. crt. 188 years in economic or legal functions 7.Financial analyst degree IISCoefficient of multiplication provided in Government Emergency Ordinance no. 177/2002 177/2002, Annex no. 1 1 head. a no. crt. 236 years in economic or legal functions 8.Financial analyst degree IIISCoefficient of multiplication provided for in Government Emergency Ordinance no. 177/2002 177/2002, Annex no. 1 1 head. a no. crt. 244 years in economic or legal functions 9.Financial analyst degree IVSCoefficient of multiplication provided in Government Emergency Ordinance no. 177/2002 177/2002, Annex no. 1 1 head. a no. crt. 292 years in economic or legal functions 10.Assistant analyst step IMCoefficiency of multiplication provided in Law no. 50/1996 50/1996, Annex no. 2 2 head. A No. crt. 137 years in legal, economic or administrative ancillary functions 11.Assistant analyst step IIMCoefficient of multiplication provided for in Law no. 50/1996 50/1996, Annex no. 2 2 head. A No. crt. 144 years in legal, economic or administrative auxiliary functions 12.Sofer IAMLevel of payroll provided in Government Emergency Ordinance no. 24/2000, Annex V/2-13.Unqualified worker M/GLevel of payroll provided for in Government Emergency Ordinance no. 24/2000, Annex V/2-NOTE: For computer activity, graduates of higher education institutions may be employed as a financial analyst. " + Article II This law shall enter into force 30 days from the date of publication in the Official Gazette of Romania, Part I. + Article III Law no. 656/2002 for the prevention and sanctioning of money laundering, published in the Official Gazette of Romania, Part I, no. 904 of December 12, 2002, as amended, as well as with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law transposes Directive no. 2001 2001 /95/EC of the European Parliament and of the Council on amending Council Directive no. 91 91 /308/EEC to prevent the use of the financial system for money laundering, published in the Official Journal of the European Communities no L344/76 of 28 December 2001. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. p. CHAMBER OF DEPUTIES PRESIDENT, DAN RADU RUSANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, July 13, 2005. No. 230. ------------