Microsoft Word - DL facsimile-2015.doc REPUBLIC OF SAN MARINO DECREE - LAW 197 of December 30, 2015 We the Captains Regent of the Most Serene Republic of San Marino Having seen the need and urgency referred to in Article 2, paragraph 2, point b) Constitutional Law 15 December 2005 n. 183 and Article 12 of the Qualified Law 184 of 15 December 2005, namely:  the need to strengthen the integrity and soundness of the financial economy of San Marino and the international cooperation of the Republic of San Marino in the fight against money laundering and to financing of terrorism and the protection of national and international security;  the urgency of immediate enforcement to relevant standards for this purpose and to adapt national legislation in light of the need to respond rapidly to the latest international standards; Given the decision of the 101 State Congress adopted in the sitting of 28 December 2015; Having regard to Article 5, paragraph 2, of the Constitutional Law no.185 / 2005 and Articles 9 and 10, paragraph 2, of the Qualified Law n.186 / 2005; Promulgate and publish the following decree-law: URGENT PROVISIONS BEARING CHANGES TO LEGISLATION ON PREVENTING AND COMBATING MONEY LAUNDERING AND TERRORIST FINANCING - AMENDMENTS TO THE LAW 17 June 2008 N. 92, AS AMENDED Art. 1 1. L ' Article 46, paragraph 4, of Law 17 June 2008 n. 92 is amended as follows: "4. If the resolution of the UN Security or decision of a committee of the Board Council foresees the adoption, amendment or repeal or, generally, updates related to restrictive measures, and their implementation in the territory of the Republic of San Marino shall be as follows: a) by the State Congress by resolution; b) in the case of decisions relating to updates to the lists referred to in paragraph 1, letter a) that have already been the subject of transposition by resolution of the Congress of State, by publication of the same automatically updates to the appropriate section of the Secretariat website State for Foreign Affairs. ". Art. 2 1. Article 46, paragraph 6, of the Law 17 June 2008 n. 92 is amended as follows: "6. The resolutions of the Congress of State and the change referred to in paragraph 4, letter b) shall be sent to the Agency which shall be sent to the judicial authorities, the Administration indicated in Article 48 and to the persons designated in Article 17. ". Art. 3 1. Article 47, paragraph 3, of the Law 17 June 2008 n. 92 is amended as follows: "3. The freeze is effective from the date of adoption of the congressional resolution transposition of single resolution of the Council of the United Nations Security or from the date of publication on the section of the website of the State Secretariat of Foreign Affairs in the case of updates by the Security Council or a committee of the Board referred to in Article 46, paragraph 4, letter b). The publication on the website must be made within one business day of receipt of the notice sent by the Security Council or a committee thereof. ". Art. 4 1. Article 47b, paragraphs 1 and 2 of Law 17 June 2008 n. 92, as introduced by Article 21 of the Decree - Law of 25 July 2013 n. 98, are amended as follows: "1. In the cases referred. 45 bis, paragraph 1, letter b): a) the freezing referred to in Article 46 may be revoked at any time by using a special State Congress resolves following the request of one member of the Committee for Credit and Savings or at the request of anyone who claims to be affected, when there are no reasonable grounds to believe that individuals, groups and entities affected by such a measure can commit or groped to commit or participate in or facilitate the commission of the acts mentioned in Article 1 , paragraph 1, letter k) and p); b) the freezing referred to in Article 46 shall be automatically reconsidered every sixty days and must be lifted when there are no longer reasonable grounds for believing that individuals, groups and entities affected by such measures could commit or groped to commit or participate in or facilitate the commission of the acts mentioned in Article 1, letter k) and p). 2. At the request of anyone who has been affected by the freezing referred to in Article 46, the Committee for Credit and Savings may: a) give the applicant the funds necessary for primary expenses, which include food, rent or mortgage, medicines or treatments doctors, taxes, insurance premiums and utility bills; b) give the applicant the funds necessary for the exclusive payment of reasonable fees and reimbursement related to legal services;
c) give the applicant the funds necessary for the exclusive payment of taxes relating to the management of frozen assets. ". Art. 5 1. Article 48, paragraph 3, letter a) of Law 17 June 2008 n. 92 is amended as follows: "3. The parties referred to in Article 17 shall: a) notify the Agency, within one working day of the adoption of the congressional resolution or the publication referred to in Article 46, paragraph 4, letter b), or from the date of detention of funds and economic resources, the measures applied in accordance with this law indicating the parties involved, the amount and nature of the funds or economic resources ". Art. 6 1. Article 50, paragraph 1, of the Law 17 June 2008 n. 92 is amended as follows: "1. Against the restrictive measures ordered by the Congress resolution, or in the manner provided for in Article 46, paragraph 4, letter b), and against measures adopted by the Committee for Credit and Savings the person concerned may, in person or through legal, request of objection. Against the said measures may be to the courts. ". Art. 7 1. Article 57, paragraph 2, of the Law 17 June 2008 n. 92 is amended as follows: "2. The same penalty applies to anyone who does not observe the restrictive measures taken under Article 46. ". Art. 8 1. Article 60 of Law 17 June 2008 n. 92 is amended as follows: "Art. 60 (Circumvention of freezing measures) 1. Engaging in acts intended to circumvent the freezing measures laid down in Article 46 shall be punished with imprisonment, with a fine by days and with the third-degree disqualification. It is also liable to a monetary fine of up to twice the value of funds or economic resources subject to freezing. ". Given at Our Residence, this day of 30 December 2015/1715 THE CAPTAINS REGENT Lorella Stefanelli - Nicola Renzi THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Gian Carlo Venturini