Law Decree 29 November 2010 Ranked # 190 - Urgent Measures Of Adjustment To International Standards In Matter Of Transparency And Information Exchange

Original Language Title: Decreto Legge 29 Novembre 2010 N.190 - Misure Urgenti Di Adeguamento Agli Standard Internazionali In Materia Di Trasparenza E Scambio Di Informazioni

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PROVISIONS RELATING TO THE SUPERVISION OF ECONOMIC ACTIVITIES

SAN MARINO

DECREE - LAW November 29, 2010 # 190



We the Captains Regent of the Most Serene Republic of San Marino


Given the necessity and urgency referred to in Article 2, paragraph 2, point b) of the Constitutional Law
December 15, 2005 and 183 of Article 12 of the Qualified Law 12 December 2005 n
.184 namely the need to adapt existing legislation to the standards of
transparency and exchange of information for tax purposes of the OECD and the urgency of making such
adaptation;
Given the decision of the Congress of State # 1 adopted at its meeting of 29 November 2010;
Considering Article 5, paragraph 2, of the Constitutional Law no. 185/2005 and Article 9 and Article 10, paragraph 2,
of Qualified Law n.186 / 2005;
We promulgate and send for publishing the following Decree-Law:


URGENT MEASURES OF ADJUSTMENT TO THE INTERNATIONAL STANDARDS IN
TRANSPARENCY AND INFORMATION EXCHANGE


I
TITLE CHANGES TO LEGGE18 June 2008 N.95


Art.
1 (Amendments to Article 1 of Law 95 of June 18, 2008)

Article 1 of Law 95 of June 18, 2008 is replaced by:

"Art.
1 (Purpose)

This Act regulates the supervision and monitoring services on economic activities for
prevent and combat tax fraud, the "the like", fraud and distortions in
regarding interchange.
This Act regulates also the administrative cooperation and exchange of information on tax matters
with other states in compliance with international agreements in force
between the Republic of San Marino and such other States. ".


Art. 2
(Amendments to Article 11 of Law 95 of June 18, 2008)

Article 11 of Law 95 of June 18, 2008 is replaced by:
2

"Art.11
(Duties, functions and powers)

The Central Liaison Office is designated as the national authority responsible for
contacts with the offices and the competent authorities of other Member
for administrative cooperation and the exchange of tax information requests in accordance with the agreements International
in force between the Republic of San Marino and those other states. And 'excluding
Office is responsible in collaboration with foreign supervisory authorities in the financial systems.
The Central Liaison Office has direct power to access the information needed to
give rise to forms of cooperation and information exchange referred to in the previous paragraph;
Also has power of access to information in order to combat and prevent tax evasion, the
"the like", fraud and distortions in economic relations with other states. The skills
referred to in this paragraph shall be exercised regardless of whether the
behavior constitutes criminal law cases.
The banking secrecy specified in Article 36 of Law 165 of 17 November 2005
and subsequent amendments and additions, as well as in general the confidentiality and professional secrecy, not to be relied
'Central Liaison Office in carrying out its functions, the
which can also be accessed directly to the information held by the operators of the financial system
.
The members of the Bar and registered with the Board of Certified Public Accountants or
can not oppose the Central Liaison Office
professional secrecy unless the information they receive in ' carry out their task of defending or representing
their client in judicial proceedings or in connection with such proceedings,
including advice on instituting or avoiding proceedings, whether such information is received or
obtained before, during or after such proceedings.
The provisions of Law 70 of May 23, 1995, shall not apply within
of the exchange of information made in implementation of international agreements in force between
the Republic of San Marino and other states relating to cooperation on tax matters, did
subject to compliance of provisions for data they contain confidentiality.
The Central Liaison Office, the work carried out at the Congress of State for
by the Secretary of State for Finance and Budget and the Secretary of State for Industry,
l ' Craft and Commerce.
The Central Liaison Office Manager is required to submit annually to the
Great and General Council, through the Secretary of State for Finance and Budget, a

Activity report by the Office. ".


Art.
3 (Amendments to Article 12 of Law 95 of June 18, 2008)

Article 12 of Law 95 of June 18, 2008 is replaced by:

"Art.12
(Relations with the Administration offices and the Police)

In carrying out its tasks, the Central Liaison Office:
- can make use of the collaboration of the Office of Control and Supervision of Economic Activities
referred to in Article 3, the Tax Office and the Offices Public Administration.
- May request the cooperation of police forces, including the Anti-Fraud Unit of the Police Civil
, for access to information and documentation with the relevant stakeholders.
The Office for Control and Supervision of Economic Activities, the Tax Office, the Forces of
Police and the Anti-Fraud Unit of the Civil Police which operates in accordance with articles. 31 and 32 of the Law
23 July 2010 n. 129, as well as all the offices of the Public Administration, are required to
3
process requests in the manner indicated by the Central Liaison
in the performance of their tasks of institution referred to in Article 11. ".


Art. 4
(Sanctions)

After Article 13 of Law 95 of June 18, 2008, as amended by Law 23 July 2010
129 is inserted the following Article 13a:

"Art. 13a
(Sanctions)

Anyone obstacles the Central Liaison Office's activities referred to in paragraphs 1 and 2, article 11
, or who fails to pay the demands in the manner specified by the Office, or the Nevada || | partially, it shall be punished, without prejudice to other penalties under the law, with a
administrative sanction from Euro 1,000.00 to Euro 50,000.00 applied by
Tax to the extent stated by the Central Liaison Office .
The administrative fine referred to in the previous paragraph shall be doubled if
which, in addition to unlawful conduct, is resorted to fraudulent means. No power is applied
to extinguish the breach with reduced payment.
Against the sanction is allowed administrative judicial
in the manner and form provided for by Article 34 of Law 68 of June 28, 1989, and any subsequent changes
.
Expiry of the deadline for payment, the Tax Office makes use, for the collection of sums,
of the recovery procedure through role under Law 70 of May 25, 2004.
The pecuniary administrative violations defined by this Law shall be included in the list which annually
the Administrative Judge of Appeal proposes
under Article 32 of Law 68 of June 28, 1989. ".


Art. 5
(Access to information and data)

After Article 15 of Law 95 of June 18, 2008 The following is inserted in Article 15a:

"Art. 15a
(Access to information and data)

The Central Liaison Office access, even by computer in the full versions and
not limited to data and information contained in available records, archives, registers kept
at the Central Bank, the Agency Financial Information, public Administrations and
professional associations.
Except as provided in the preceding paragraph, the data and information required by
government and the professional orders, are made available to the Office of
Link Station, a written reasoned submission in relation to targets and skills that
art. 11.
For the same purposes and powers specified in the preceding paragraph, the Central Bureau of
connection, a simple request, can access the registers, the archives of data or information stored
at the Authority police and at the Single Court, including data related to
criminal record. The data and related judicial activities information is released to the Office of Central Liaison
, with the approval of the court only in relation to the tasks of the same institute
Central Liaison Office.
4
The data and information obtained by the Office of Central Liaison
can be used exclusively for the performance of the duties prescribed by law.
The Central Liaison Office also has access to all information held by
the Office of the Trust Register, as of the subjects already identified art.2, paragraph 4, of the Decree
Chief 16 March 2010 n.50, as well as, in the exercise of its functions, may require
directly to the trustee the performance of the Book of which all'art.28 Events, paragraph 5, of the Law 1
March 2010 n.42. ".


Art. 6

(Cooperation instruments between the surveillance offices on economic activity, the Central Bank and the Financial Intelligence Agency
)

After Article 17 of Law 95 of June 18, 2008 is the following Article 17a:

"Art. 17a
(cooperation instruments between the surveillance offices on economic activity, the Central Bank and the Financial Intelligence Agency
)

With special agreement signed between, on the one hand, the Central Liaison Office and
the Office of Control and Supervision of economic activities, on the other hand, the
Coordination Supervision of the Central Bank of Republic of San Marino, are regulated:
- forms of collaboration for the deepening of the banking and financial aspects, as per art.
13 of this Act, subject to the provisions dall'art.36 paragraph 5 letter. d) of the Law
November 17 2005 165;
- Reporting procedures, in art. 7, paragraph 2 of this Act;
- Further the process of reporting of alleged irregularities detected in the exercise of their public functions
, with reference to the fields of competence of the other authority of
control, on a reciprocal basis and the inapplicability of the secret d 'office referred,
, respectively, in Article 17 of this law and Article 29 of the law of 29 June 2005
96.
The Central Liaison Office, in the exercise of public functions, has access
at the Central Bank of the Republic of San Marino Archives Anagrafico established by Decree-Law
May 14, 2009 65, in the methods, forms and terms to be determined by the same
Central Bank and reported in the Agreement referred to in the previous paragraph.
The Central Liaison Office and the Office of the activities economic
control and supervisory work, including exchanging information with the Financial Intelligence Agency
stipulating specific memoranda of understanding. ".



TITLE II AMENDMENTS TO THE LAW November 17, 2005 165


Art. 7
(Amendments to Article 36 of Law 165 of 17 November 2005)

Article 36, paragraph 6, letter c) of Law 165 of 17 November 2005, and subsequent amendments and additions
, is replaced by:
"c) the communication is addressed ultimate parent undertaking , San Marino or foreign State with which it is in force
specific agreement referred to in Article 103, and is provided for the enforcement of the rules on
consolidated supervision under Part II, Title I, Chapter III of this law;".
After paragraph 9, Article 36 of Law 165 of 17 November 2005, and subsequent amendments and additions
, is inserted the following paragraph:
5
"10. The observance of this discipline of banking secrecy, freedom to authorized entities, the
financial advisors, agents and insurance intermediaries from complying with the additional
provisions in the Law 70 of May 23, 1995, as amended, to
protection of confidentiality of data, including that from the last paragraph of Article 4. "


Art. 8
(Amendments to Article 156 of Law 165 of 17 November 2005)

After paragraph 8, Article 156 of Law 165 of 17 November 2005 following paragraphs are inserted
:
"9. For group relationships existing at the date of entry into force of this Act, the
communication to the foreign parent company referred to in Article 36, paragraph 6, letter c), for purposes of consolidated supervision is intended
also permitted in the absence of current agreement.
10. For contracts and rights provided for in Article 149, paragraph 1, respectively, signed and dated
arisen prior to the entry into force of this Act, applies-year limitation period from the date of entry into
force of this Act or the ordinary limitation period thirty
if its course appears earlier than the aforementioned deadline. ".

TITLE III OTHER PROVISIONS




Art. 9
(Preservation tax documents)

Article. 38 of Law 13 October 1984 n. 91 is replaced by the following:

"Art. 38
(Preservation of Documents)

All records and documents provided for in Title IX, and the supporting evidence and documentation required by
other tax laws and those still relevant
effects of the investigations, even in conflict with provisions that provide for shorter terms,
must be kept for five years, excluding the tax year to which they relate and in any case up to
when not defined verification regarding the same tax year. ".


Art.
10 (Penalties for breach of the obligations referred to 'art. 72 of Law 23 February 2006 n. 47 and subsequent changes
)


The Company does not comply with one or more requirements of Article 72 of Law 23 February 2006 n
. 47, as amended, imposed an administrative fine of € 2,000.00
€ 15,000.00. The penalty was imposed by the Office of Control and Supervision of Economic Activities
.
In the case of convictions under administrative violations referred to in the preceding paragraph
administrative penalty is increased to three times as much as the maximum in the minimum, taking into account the gravity
.
It is a recidivist who, in the two years preceding the last violation, alleged to have same
administrative violation. In that case it does not allow the voluntary subsidies provided for in Article 33 of the Law
28 June 1989 n. 68.
6
And 'admitted the deposit of the books and records referred to' art. 72 of Law 23 February 2006 n.
47 in the office of a lawyer and a notary or Certified Public Accountant or Bookkeeper
regularly enrolled in the professional San Marino Notwithstanding the obligation of
exhibition to the competent authorities if requested, checks or inspections. Failure to display
to rise to the application of the sanctions referred to in paragraph 1.


Art. 11
(Tax Office Controls)

The Tax Office, as part of its mandate and for the fulfillment of the functions
assigned to it, and in addition to the checks already provided for by special laws may, on its own initiative or following
recommendations received by the bodies of the Public Administrations,
to the applicable regulations, are authorized to request them:
- give notice to taxpayers and tax registered at the Registry Operators consist Cheap
both individually and as a company, as well as representatives of non-profit organizations
, to show up at the office to provide explanations, information and evidence and to produce any
deemed necessary documentation;
- Make access, inspections and audits at the premises where the activities of the economic
;
- Inspect and verify the records, acts and documents still held by companies and individual
economic operators carrying out business activities or self-employment;
- Require taxpayers producing the original documents related to the costs referred
ask the deductibility under Article 6 of Law 91/1984 and subsequent amendments and additions
;
- Access, in view-only mode, unless otherwise authorized, data and
information contained in records, archives, databases stored and used at the Public
Administration, which may be useful for the purpose of ' performance of its duties and functions
;
- Requiring public officials an extract or copy of the documents and the acts of which are
possession;
- Ask the help of technical experts for assessments that require special knowledge.
When tests are not run on direct initiative, the Tax Office is required to report back
the outcome for the applying organization.
In case of refusal or failure to present, delivery or transfer of the product to the
paragraph 1, the Tax Office applies an administrative sanction from Euro 2,000.00 to Euro
15,000.00.


Given at Our Residence, this day of 29 November 2010/1710 dFR


THE CAPTAINS REGENT
Giovanni Francesco Ugolini - Andrea crocuses




THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta

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