Decree Law 181 11/11/2010 - Urgent Provisions Bearing Changes To Statement Of Prevention And Contrast Of Recycling And Financing Of Terrorism

Original Language Title: Decreto Legge 11/11/2010 N.181 - Disposizioni Urgenti Recanti Modifiche Alla Normativa Di Prevenzione E Contrasto Del Riciclaggio E Del Finanziamento Del Terrorismo

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Text Decree - Law

SAN MARINO

DECREE - LAW November 11, 2010 181



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 and urgency to make some changes to the existing
Law 92 of June 17, 2008 and the amending and implementation measures of the same, as well as
other laws that directly or indirectly are related to them even in light of recent
indications coming from international organizations MEPs in the field;
Given the decision of the 20 State Congress adopted in the sitting of the 'November 8, 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:



PROVISIONS THAT PROVIDE URGENT AMENDMENTS TO THE RULES
PREVENTING AND COMBATING MONEY LAUNDERING AND FINANCING OF TERRORISM





TITLE I ADAPTATION OF NATIONAL LEGISLATION TO CONVENTIONS AND
TO INTERNATIONAL STANDARDS ON THE PREVENTION AND
COMBATING MONEY LAUNDERING AND TERRORIST FINANCING


Art. 1

1. Article 1, paragraph 1, letter b) of Law 17 June 2008 n. 92 is amended as follows
:
"b)" government "means the Secretariat of State, the Most Excellent Chamber, the Departments,
public authorities, state corporations, public administration offices; ".

Art. 2

1. In the first paragraph of Article 4 of Law 17 June 2008 n. 92, after the letter g) is added
:
"h) monitor financial activities carried out in a limited form,
not required to fulfill the obligations under this Act, under specific provision of law. ".

2
Art. 3

1. Article 12, paragraph 1, of the Law 17 June 2008 n. 92 is amended as follows:
"1. The Agency also collaborated by exchanging information with the Police Authority and the Office
National Interpol Central, stipulating specific memoranda of understanding. ".

Art. 4

1. Article 12, paragraph 7, of Law 17 June 2008 n. 92, introduced by Article 2 of Decree Law
26 July 2010 n. 134, is amended as follows:
"7. For the purposes referred to in this law, the police authorities cooperate, even
exchanging information with its foreign counterparts on the basis of specific cooperation agreements.
The police authorities may also exchange information also through the Interpol National Central Bureau
. ".

Art. 5

1. Article 13, paragraph 1, of the Law 17 June 2008 n. 92 is amended as follows:
"1. Professional associations, in the exercise of the functions assigned by the respective statutes,
promote compliance with the obligations established by this law from the professionals enrolled
. ".

Art. 6

1. The third paragraph of Article 14 of Law 17 June 2008 n. 92 is replaced by the following:
"3. The Agency is working with the Central Bank, also by exchanging information, the basis of specific
memoranda of understanding. ".
Art. 7

1. Article 15 bis of Law 17 June 2008 n. 92, introduced by Article 4 of the Decree Law 26 July 2010
n. 134, is replaced by the following:

"Art. 15 - bis


(Technical Commission for National Coordination)

1. And 'it established the Commission for National Coordination Technique, whose members include:
a) the Magistrate appointed by the Judicial Council, who chairs the meetings;
B) the Head Magistrate of the Single Court;
C) the Director and Deputy Director of the Financial Intelligence;
D) a member of the Supervision Committee of the Central Bank;
E) a representative of the security service inspection of the Central Bank;
F) the Commanders of the Police Forces;
G) two members of the police forces responsible for combating money laundering and financing of terrorism
;
H) a representative of the Secretariats of State for Foreign Affairs, Finance and Justice
when the Commission meets for the obligations referred to in point b) the following paragraph 3.
2. The Commission shall meet regularly, at the request of the President or of another member.
Of meetings held is specific records. 3
. The Commission has the following functions:
a) coordinating the enforcement of money laundering and terrorist financing of the authorities;

B) report to the Committee for Credit and Savings referred to in paragraph 4 of Article 48 of the Law
29 June 2005 96 on the duties performed;
C) propose to the Committee for Credit and Savings
any useful initiative aimed at effectively preventing and combating money laundering and terrorist financing;
3
4. The Commission, according to the matters on the agenda, may invite to attend meetings
other representatives Authority or Public Administration. ".

Art. 8

1. Article 19, paragraph 1, of the Law 17 June 2008 n. 92, as amended by Article 6
Decree Law 26 July 2010 n. 134, is replaced by the following:
"1. Non-financial parties shall mean parties carrying out the following activities:
a) professional office of the trustee under the trust legislation;
B) assistance and advice in the field of investment services;
C) assistance and advice on administrative, fiscal, financial and commercial;
D) credit brokerage;
E) real estate brokerage;
F) the operation of casinos and games of chance as required by Law 67 of July 25, 2000 and subsequent changes
;
G) offered through the Internet and other electronic networks or telecommunications, gaming,
betting or contests with cash prizes;
H) custody and transport of cash, securities or other assets;
I) management of auction houses or art gallery;
J) dealing in antiques;
K) purchase of unrefined gold;
L) manufacturing, mediation and trade, including export and import, of
stones and precious metals;
M) resale or rental of movable property registered. ".

Art. 9

1. The fourth paragraph of Article 21 of Law 17 June 2008 n. 92 is amended as follows:
"4. Students enrolled in the Register of Certified Public Accountants or
are not required to fulfill the obligations of customer due diligence and record in relation to the conduct of
mere listing and / or transmission of the declaration of
income or the obligations in the field of personnel administration. ".

Art. 10

1. After Article 26 of Law 17 June 2008 n. 92 is introduced as follows:

"Art. 26a
(for trading of one currency against another exercised occasionally and on a limited scale
)

1. Legal persons who perform on an occasional and limited the activities
scale trading of one currency against another, are not required to fulfill the obligations
by this Law, when the following conditions are met:
a) revenues from this activity do not exceed € 250 a month and the value of the non
operations exceed a total of EUR 5,000 per month;
B) such activity is limited on a transaction, but not more than 3 transactions per month per customer
;
C) is not the main activity and in any case not exceed 5% of total revenues;
D) such activity is merely incidental to the main activity;
E) the main activity is not an activity attributable to the restricted acts set out in Annex 1
to Law 165 of 17 November 2005;
F) such activity is provided only to the customers of the main activity and is not generally offered to the public
.
4
2. If the activity carried out in the conditions provided in the preceding paragraph to expose
risk of money laundering or terrorist financing, the Congress of State, having consulted the Agency, may
modify the conditions referred to in paragraph. 3
. The Agency with its Instructions governing the forms and ways of monitoring the activity of which
this Article. ".

Art. 11

1. Article 34 bis of Law 17 June 2008 n. 92, introduced by Article 15 of the Decree Law 26 July 2010
n. 134, is amended as follows:

"Art. 34a
(Management of records and documents concerning financial parties that have
carry out reserved activities)

1. In the event of revocation, surrender or lapse of the authorization to carry out a reserved activity, the
financial entity, even in ordinary or compulsory winding up, appoint
a person responsible for keeping, for the purposes of this Act, the documentation and
electronic archives for at least five years, or for the longer term which is requested by the Agency.
2. The person referred to in the preceding paragraph shall satisfy the demands of
Financial Information on the existence of relationships and / or movements and submit, if
required, the relevant documentation. 3
. The fee due all'incaricato for the performance of their duties shall be borne by the

Person appointed. The person appointed must make available suitable premises dell'incaricato
for storage of documents and electronic files and paper.
4. The charge function is not incompatible with that of liquidator or commissioner. ".

Art. 12

1. Article 35 of Law 17 June 2008 n. 92 is amended as follows:

"Art. 35
(Archive Computer Anti-Money Laundering)

1. The financial parties have to use electronic tools that enable them to
respond promptly and fully with the Agency's requests in order to determine whether they
have had over the last five years with certain customer relationships and the nature of
such relationships.
2. The financial parties referred to in Article 18, paragraph 1 a) and b) establish an archive computer
money laundering. 3
. The anti-money laundering electronic archive is formed and managed according to uniform criteria suitable to
ensure clarity, completeness, immediate and easy access to information. The archive
seal must also ensure the chronological storage of information subject to change or
integration and the ability to derive integrated evidence.
4. The Agency, with its Instructions, governing the characteristics and archive held computer
Anti-Money Laundering. ".

Art. 13

1. Article 38, paragraph 5, of the Law 17 June 2008 n. 92 is amended as follows:
"5. Professional confidentiality and professional secrecy may not be invoked even when the data and
information are necessary for the investigation of crimes and administrative violations
provided by this Act, outside the cases provided for in first paragraph. ".

5
Art. 14

1. Article 40, paragraph 1, of the Law 17 June 2008 n. 92 is amended as follows:
"1. The parties shall take appropriate measures to ensure the utmost confidentiality
about the identity of the individual who has detected the suspicious transaction in accordance with Article 36, paragraph
1, letters a), b) and c) " .

Art. 15

1. Article 40, paragraph 7, of Law 17 June 2008 n. 92 is amended as follows:
"7. It is allowed to communicate the transaction reports between financial entities established in the Republic of San Marino
belonging to the same group. ".

Art. 16

1. Article 43 of Law 17 June 2008 n. 92 is amended as follows:
"1. Auditing firms and other non-financial entities organized in corporate form must
appoint a compliance officer. This requirement may be waived in the case of companies whose
number of employees does not exceed three units. In case of appointment, apply the provisions of Article 42.
".

Art. 17

1. After Article 43 of Law 17 June 2008 n. 92 is inserted as follows:

"
Art.43 bis (Replacement of the compliance officer)

1. The Agency may order the person appointed to replace the person in charge
considers insufficient the requirements of integrity and professional skills of the latter
. ".

Art. 18

1. Article 44, paragraph 7, of Law 17 June 2008 n. 92, as amended by Article 19 of Law Decree
26 July 2010 n. 134, is amended as follows:
"7. The financial parties shall implement the staff selection procedures and
collaborators, to ensure high levels of professionalism to the intake of the same, because
of the role and functions to be performed. ".


Art. 19

1. Article 45, paragraph 1, of the Law 17 June 2008 n. 92 is amended as follows:

"Art.
45 (Obligations of branches and foreign companies controlled by financial parties)

1. The financial parties shall ensure that their foreign branches or foreign entities they control
who perform primarily attributable to an activity reserved activities mentioned in letters
A), B), C), D) and E) of Annex 1 to law 165 of 17 November 2005
fulfill obligations equivalent to those provided for by this Act. ".


6
Art. 20

1. Article 49, paragraph 1, of the Law 17 June 2008 n. 92 is amended as follows:
"The Committee for Credit and Savings, pursuant to Law 96 of June 29, 2005 and subsequent changes
is competent to evaluate requests for unfreezing of funds and resources economic
submitted by interested parties. The decision must be adopted without delay. ".

Art. 21

1. Article 53 bis, paragraph 2, of the Law 17 June 2008 n. 92, introduced by Article 36 of Law Decree
26 July 2010 n. 134, is amended as follows:

"2. If the freezing order, the financial
can inform the customer of enforcement of the order, unless the judicial authorities
has placed limitations on such communication has already been executed. ".

Art. 22

1. After Article 60 of Law 17 June 2008 n. 92, has introduced the following article:

"
Art.60-bis (Non-compliance or delay in the execution of the freezing order)

1. Anyone who does not comply with or delaying the decision whereby the Agency orders the blocking of which
Article 5, paragraph 1, letter d) of this Act, shall be punished by imprisonment of First Instance or with the
daily fine second degree. It also applies
fine from 2.000,00 to 40.000,00 € and the interdiction of 3rd degree.
2. If violations are perpetrated by using fraudulent means, the punishments are
increased by one degree and a fine is doubled. ".

Art. 23

1. After Article 60 bis of Law 17 June 2008 n. 92, the words are introduced:
"CHAPTER II - ADMINISTRATIVE VIOLATIONS.".

Art. 24

1. Article 61 of Law 17 June 2008 n. 92, as amended by Article 23 of Law Decree
26 July 2010 n. 134, is replaced by the following:

"Art.
61 (Violation of customer due diligence obligations)

1. Violations of the customer due diligence obligations under this law is
punished by fine from 5.000,00 to 70.000,00 euro.
2. If the violation of customer due diligence
perpetrated by using fraudulent means, the administrative fine is doubled. 3
. The violation of the abstention obligations provided for in Article 24 shall be punished with a pecuniary administrative sanction
from 5,000.00 to 80,000.00 €.
4. Subject to Article 54, the breach of obligations to provide information
needed to enable the fulfillment of the customer due diligence requirements shall be punished with
fine from 5.000,00 to 80.000,00 € .
5. If the violation referred to in the preceding paragraphs obstacles, delays or prevents control by the Supervisory Authority
, in addition to the sanctions provided for in this Article, the penalty of
fine art. 84 of the Criminal Code. ".
7

Art. 25

1. Article 62 of Law 17 June 2008 n. 92, as amended by art.
24 of the Decree Law 26 July 2010 n. 134, is replaced by the following:

"Art.
62 (Violation of the requirements for registration and storage)

"1. The violation of the registration requirements and conservation laid down in Article 34, shall be punished with
fine from 5.000,00 to 70.000,00 euro. With the same
administrative sanction it has also punished the breach of the obligations referred to in Article 35a.
2. If the violation of the registration requirements carried out using fraudulent means, the
fine is doubled. ".

Art. 26

1. Article 62 bis of Law 17 June 2008 n. 92 is hereby repealed.

Art. 27

1. After Article 62a introduced by Article 25 of the Decree - Law of 26 July 2010 n. 134
words are deleted:
"CHAPTER II - ADMINISTRATIVE VIOLATIONS.".

Art. 28

1. Article 73 of Law 17 June 2008 n. 92 is replaced by the following:
"1. For administrative violations under this Act does not apply the right to terminate the violation
with reduced payment. "

Art. 29

1. Article 86, paragraph 2, of the Law 17 June 2008 n. 92 is hereby repealed.
Art.30


1. Articles 87 and 88 of Law 17 June 2008 n. 92 are hereby repealed.



TITLE II

ASSETS 'FINANCIAL EXERCISED IN AN OCCASIONAL OR VERY LIMITED SCALE





Art. 31

1. Article 30 of Law Decree 134 of 26 July 2010 is hereby repealed.


8

TITLE III AMENDMENTS TO THE DECREE OF DIRECTOR June 19, 2009 74 (Ratification of the Decree
Managing May 4, 2009 62 - cross-border transportation of cash and similar instruments
)



Art. 32

1. Article 1, paragraph 1, of the Chief Executive Decree 74 of June 19, 2009, letter c) is repealed.

Art. 33

1. Article 2, paragraph 2, of the Chief Executive Decree 74 of June 19, 2009 is amended as follows:
"2. The declaration, made in writing, shall be drafted in accordance with the model attached to this Delegated Decree
; it must be submitted to the Commands or branch offices of
Police. The declaration, duly pre-compiled, must be taken in tow by the

Registrant.
A copy of the declaration, with acknowledgment of receipt is returned to the declarant,
which must convey it to later.
The obligation to declare is not fulfilled if the information provided is incorrect or incomplete. ".

Art. 34

1. Article 2, paragraph 4, of the Chief Executive Decree 74 of June 19, 2009 is amended as follows:
"4. The disclosure obligation also applies to transfers of cash and similar instruments
, to and from foreign countries, carried out by post. Even in this case, the declaration shall be made in writing
through the attached form, by submitted to the Commands or branch offices
of the Police Forces, within 48 hours of receipt or during the expedition. " .

Art. 35

1. Article 3 of the Chief Executive Decree 74 of June 19, 2009 is replaced by the following:

"Art. 3
(Police checks)

1. The Police personnel, as part of the regular border controls, identity can be verified
people, inspection, and search means of transport, luggage and items brought
in tow, in order to ensure compliance with the obligations referred to in Article 2. upper
2. Police authorities also subject to control persons, means of transport and
things in them if there are reasonable grounds to believe that the transport of
cash or similar instruments is linked to money laundering or the financing of terrorism
. ".

Art. 36

1. Article 4, paragraph 1, of the Chief Executive Decree 19 June 2009 n.74è amended as follows:
"1. Anyone who fails to make the declaration or providing inaccurate or incomplete information is
punished with an administrative penalty of up to 40% of the amount transferred or attempted to transfer
exceeding the equivalent of 10,000 euro equivalent, with a minimum 200 euro. If
where similar instruments, while reporting the traenza signature does not bear an indication of the amount,
apply administrative fixed penalty of 200 Euros for each instrument. ".

9
Art. 37

1. Article 6, paragraph 10, the Chief Executive Decree 74 of June 19, 2009, letter c) is deleted
.

Art. 38

1. Article 9, paragraph 1 of the Chief Executive Decree 74 of June 19, 2009 is amended as follows:
"1. Except as provided in Article 6, paragraph 2 of this decree, the Forces of Police
transmit the Financial Intelligence Agency copies of all statements received under higher
Article 2. ".

Art. 39

1. Article 9, paragraph 3 of the Chief Executive Decree 74 of June 19, 2009 is amended as follows:
"3. Notwithstanding the provisions of paragraph 2 above, the Police transmit, by
next business day, a copy of the statements referred to in paragraph 1 of this Article
if facts and circumstances from which it is inferred that sums of cash they are related to any
money laundering and terrorist financing. ".



TITLE IV AMENDMENTS TO THE LAW June 17, 2008 # 93


Art. 40

1. After the fifth paragraph of Article 4 of Law 30 July 2009 n. 104 is added the following paragraph
:
"6. For offenses under the first paragraph of Article 147 of the Criminal Code and the following items:
190 (matching revelation), 198 (abuse of administrative duties), 199 b (
unjustified possession of values), 231 (theft minors), 231 a (child abduction abroad),
235 (ill-treatment of family members), 287 (criminal association with the gangster mold), 316
(false corporate communications), 388 (smuggling), 389 (tax evasion), 394 (attempt on the life
free exercise of voting rights), 2 and 3 of law 99 of 7 June 2010 (issuance, use and
misrepresentation as a result of false invoices) and the crimes contained in the Law 17 June 2008
92 and in Law 165 of 17 November 2005, the period mentioned in the first paragraph of Article 4 of the Law of 17 June 2008
93 is 120 days .
7. If the communication can result in serious damage to the investigation, the Investigating Judge
, by reasoned decree, can delay disclosure for another 120 days. ".




TITLE V AMENDMENTS TO THE LAW July 30, 2009 No. 104 (Law on international letters rogatory in criminal matters
) AS AMENDED BY LAW Ranked # 128 23 July 2010 (Amendments to the Law of 30 July 2009
n . 104 - Law on international letters rogatory in criminal matters)


Art. 41

1. After Article 8, third paragraph, of the law 30 July 2009 n. 104 is added the following paragraph
:
10
"4. Should it be required the interception by foreign judicial authorities by request

Legal assistance, the investigating judge, having assessed the fulfillment of the requirements from the higher
paragraphs, has the wiretap. Upon completion of the interception operations of the
records they are immediately transmitted to the judicial authorities the applicant. ".



TITLE VI AMENDMENTS TO THE CRIMINAL CODE



Art. 42

1. Article 147, third paragraph, is replaced by the following:
"If convicted, the confiscation of the things that were used or were intended
to commit the offenses referred to in Articles 167, 168, 168 is always mandatory bis, 169, 177a, 177 b, 194, 195, 195 bis, ter
195, 196, 199, 199a, 204 paragraph 3 number 1, 204a, 207, 212, 305 bis, 337 bis, 337 ter, 371,
372, 373, 374, 374 ter, paragraph 1, 388, 389, the crimes of terrorism or subversion of the constitutional order and
wrongdoing referred to in Article 1 of Law 26 November 1997 n. 139
well as of the things being the price, product or profit. Where confiscation, the court can not be
imposes the obligation to pay a sum of money equal to the value of the things above. ".



TITLE VII AMENDMENTS TO THE LAW November 17, 2005 165, AS AMENDED

Art. 43

1. Article 37, paragraph 1, letter c) of Law 165 of 17 November 2005 is amended as follows:
"c) the contrast of financial crime in cooperation with other competent authorities.".


Given at Our Residence, this day of 11 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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