Decree Law 126 15/07/2010 Urgent Provisions Bearing Changes To Statement Of Prevention And Contrast Of Recycling And Financing Of Terrorism

Original Language Title: Decreto Legge 15/07/2010 N.126 Disposizioni Urgenti Recanti Modifiche Alla Normativa Di Prevenzione E Contrasto Del Riciclaggio E Del Finanziamento Del Terrorismo

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Art

SAN MARINO

DECREE - LAW 15 July 2010 126


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 of 15 December 2005
183 and Article 12 of the Qualified Law 12 December 2005 n
.184 namely the need and urgency:
- of transposing in San Marino a few important guidelines on prevention and
combating money laundering and terrorist financing;
- To give solution to some interpretative and operational problems that have emerged in the implementation of
Law 17 June 2008 n. 92 and subsequent amending provisions and application of the same;
Of providing for specific obligations or principals of subjects or "sensitive" activities not previously covered
;
- To make any necessary modifications to the criminal law in anticipation of the ratification of
Warsaw Convention of the Council of Europe (CETS 198);
Given the decision of the Congress of State no. 23 adopted at its meeting of 12 July 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 STANDARDS
INTERNATIONAL IN PREVENTING AND COMBATING MONEY LAUNDERING AND TERRORIST FINANCING


Art. 1

1. Article 1, paragraph 1, letter n) of the Act 17 June 2008 No. 92 is amended as follows
:

"N)" politically exposed person "means a natural person in a foreign country occupies or has occupied important public positions
well as their immediate family members or those with whom such persons
known to be close ties, identified on the basis of the criteria set out in the technical annex
this Act; ".






Art. 2

1. After the third paragraph of Article 12 of Law 17 June 2008 n. 92 The following is added
:
"4. If, in the exercise of its functions, the Police Authority has reason to believe that the
funds derived from the offense, may request the cooperation of the Financial Intelligence,
in order to perform the financial investigation . Similar collaboration has to be available
relative to investigations of crimes that could be the premise of the crime of
laundering or terrorist financing.
5. The Police Authority directs its investigations to identify the author,
the investigation of the crime and searching for the destination of funding to determine if
latter has been used to commit other crimes.
6. For the purposes referred to in this law, the Police Authority accessed without limitation, even
electronically, the data and information contained in the registers, files, books, records and documents kept at the Administrations
public.
7. For the purposes referred to in this law, the Police Authority is also working
exchanging information with its foreign counterparts on the basis of specific cooperation agreements. ".

Art. 3

1. Article 8, paragraph 1, of the Law 17 June 2008 n. 92 is deleted
word "publicly".
2. Article 8, paragraph 2, of the Law 17 June 2008 n. 92 is deleted the phrase "except as provided in the preceding paragraph
".

Art. 4

1. After Article 15 of Law 92 of June 17, 2008 has introduced the following article:

"Art.15 -
bis (Technical Commission for National Coordination)

1. And the Commission for National Coordination Technique 'established, it consists of:
a) the Magistrate appointed by the Judicial Council in ordinary session to attend
Committee meetings for the Credit and Savings referred to in paragraph 5 of 'Article 48 of the Law of 29 June 2005
96, who chairs the meetings;
B) the Head Magistrate of the Single Court;
C) the Director and Deputy Director of the Financial Information or their delegate;
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 Coordinator 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 Ministries of Foreign Affairs, Finance and Justice

When the Commission meets for the obligations referred to in point b) of the next 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) to coordinate the combating of money laundering and terrorist financing activities of
authorities mentioned above;
B) perform the communications referred to in Article 49, paragraph seven, of the Law 17 June 2008
92;
C) 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;
D) propose to the Committee for Credit and Savings
any useful initiative aimed at effectively preventing and combating money laundering and terrorist financing;
E) monitor financial activities carried out in a limited form, not
required to fulfill their obligations under Title III of this Act, under specific provision of law
.
2. The Commission, according to the matters on the agenda, may invite to participate in other meetings
Authority representatives or public offices. 3
. The Commission is based at the Financial Intelligence Agency, that will cure all administrative obligations
operation. ".

Art. 5

1. The first paragraph of Article 14 of Law 17 June 2008 n. 92 is replaced by the following:

"Art. 14
(The Central Bank Competences)

1. The Central Bank, if in the performance of their supervisory functions in the financial subjects
referred to in Article 18, paragraph 1, letters a), d) and e), or in the exercise of its other statutory functions,
detect violations of this law or facts or circumstances that may be related to
laundering or terrorist financing, shall notify in writing and without delay the Agency. ".

Art. 6

1. Article 19 of Law 17 June 2008 n. 92 is replaced by the following:

"Art. 19
(non-financial parties)

1. Non-financial parties shall mean parties professionally engaged in 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
;
F-bis) offered through the Internet and other electronic networks or telecommunications, gaming,
betting or contests with cash prizes;
G) custody and transport of cash, securities or other assets;
H) management of auction houses or art gallery;
I) dealing in antiques;
J) purchase of unrefined gold;
K) manufacturing, mediation and trade, including export and import, of
stones and precious metals;
L) resale and rental of mobile goods recorded.
2. In the event that a non
all included in the provisions of paragraph 1, non-financial activities more professional armies, the obligations under this Act shall apply only
in relation to the activities referred to therein. 3
. The Agency with its own instructions can determine which types of transactions, performance or relationships
fall within the activities referred to in paragraph 1 or, depending on the level of risk of
laundering or terrorist financing, can be excluded. ".

Art. 7

1. Article 20, paragraph 1, letter c) of Law 17 June 2008 n. 92 is replaced by the following
:

"C) registered lawyers and notaries of the Republic of San Marino, when they turn
in the name or on behalf of their client in any financial or real estate transaction, or
when assisting the client in the planning or execution of transactions relating to:
1) the transfer of any kind of real rights on registered movable property, real estate or companies
;
2) the management of money, securities or other assets of customers;
3) opening or managing bank accounts, savings accounts, savings accounts and securities;
4) for the creation, operation or management of companies, trusts, or similar entities
with or without legal personality;
5) the organization of contributions necessary to set up, manage, or administer a company;
6) to transfer to any title of shares or company shares. ".

Art. 8

1. Article 22, paragraph 1, letter b) of Law 17 June 2008 n. 92 is amended as follows:


"B) identification of the beneficial owner and taking risk-based and adequate measures to verify his identity
;".

Art. 9

1. The first paragraph of Article 23 of Law 17 June 2008 n. 92 is amended as follows:

"Art. 23
(identification and verification of customers and beneficial owner)

1. The obliged parties shall identify and verify the identity of the customer and the beneficial owner, also
through their employees or collaborators, before the commencement of the business relationship or transaction
. ".
Art.10


1. Article 24 of Law 17 June 2008 n. 92 is amended as follows:

"Art. 24
(abstention obligations)

1. If the parties shall not be able to fulfill the obligations of customer due diligence
specified in Articles 22, 23 and 25 must refrain from establishing new relationships or carrying out occasional
ongoing operations. The subjects evaluated in each case whether to send a notification to the Agency
.
2. The registered lawyers and notaries and registered in the Register of Chartered Accountants or
of Accountants are not obliged to observe the provision in the preceding paragraph
during the examination of the legal position of their
client or performing their task of defending or representing that client in legal proceedings or administrative
or in connection with such proceedings, including advice on instituting or avoiding proceedings
. 3
. The parties shall refrain from carrying out transactions for which there are reasonable grounds to believe that there is a
related to money laundering or terrorist financing.
Abstention does not involve civil and contractual liability to customers or third parties
. In such cases the Agency must immediately send an alert.
If abstention is not possible because there is a legal obligation to accept the document or
the execution by its nature can not be postponed, the parties shall inform the Agency
immediately after the execution, taking every precaution to identify the
destination of the transaction funds. The judicial authority authorizes the execution of
operations, if the abstention might hinder ongoing investigations. ".

Art. 11

1. The first paragraph of Article 25 of Law 17 June 2008 n. 92 is amended as follows:

"1. The obliged parties are required to comply with the due diligence obligations to all
customers. For customers already acquired these obligations apply to the first useful touch, made
saves this risk assessment. ".

Art. 12
1. Article 27 of Law 17 June 2008 n. 92 is replaced by the following:

"Art.
27 (Obligations of enhanced customer due diligence)

1. The persons appointed on the basis of risk assessment, shall take enhanced measures
adequate verification of customers in situations which by their nature can present a higher
risk of money laundering or terrorist financing. The Financial Intelligence Agency,
with their instruction sets such as risk levels requiring strengthened obligations
adequate verification and content that such verification entails.
2. The parties shall adopt enhanced measures of due diligence when customers
:
a) the customer is not physically present;
B) the customer is a politically exposed person. The parties shall adopt adequate procedures
, in relation to the activities, to determine if the potential customer, the customer or the beneficial owner is
politically exposed person. 3
. In the case referred to in subparagraph a) of paragraph 2, the parties shall compensate for the greater risk
applying at least one of the following measures:
a) ensure that the first transfer of funds relating to the establishment of the business relationship || | execution or the occasional transaction is carried out through an account opened in the customer
with a financial entity referred to in Article 26, paragraph 1 a) and b);
B) verify the identity of the customer through documents or information in addition to those required
customer physically present;
C) take additional measures for the verification of the documents submitted;
D) acquire a relevant certification to the information or documents supplied;
E) requiring confirmation by a financial entity referred to in Article 26, paragraph
1, a) and b) it has already done in carrying out the due diligence requirements of the

Customers.
4. In the case referred to in point b) of paragraph 2, the parties shall:
a) in the case of designated subjects organized in corporate form, obtain authorization from
Director General, or equivalent figure, or person his proxy, before establishing a business relationship or carrying
out an occasional transaction. Such authorization must be
also obtained if, after acceptance, the customer or the beneficial owner
become or appears to be politically exposed person;
B) take all appropriate measures to establish the source of funds and assets of the customer or the beneficial owner
identified as a politically exposed person, employed in the relationship continued
or in carrying out the occasional transaction;
C) ongoing monitoring and strengthened the relationship with the customer.
5. The financial parties referred to in Article 18, letters a), b) and c) who have a relationship continuing
or carrying out occasional transactions with foreign financial entities located in States that
not impose requirements equivalent to those provided by this Act and not provide
supervision and control of such obligations, they should take the following measures strengthened adequate verification of customers
:
a) collecting the foreign entity sufficient information to understand fully the nature
of its business and to determine, on the basis of publicly available information
, its reputation and the quality of supervision to which it is subject;
B) assessing the suitability and effectiveness of the controls applied by the corresponding
on prevention and combating money laundering and terrorist financing;
C) obtain permission from the Director General, or equivalent figure, or a person delegated by
, before establishing a business relationship or carrying out an occasional transaction;
D) specify in writing their obligations and responsibilities in the field of prevention and
combating money laundering and terrorist financing.
6. The financial parties referred to in Article 18 a) and b), must ensure that the subject
corresponding located in a State which is not a member of the European Union (I) has verified the identity of customers who
have direct access to payable-through accounts, (II) has fulfilled
constantly to due diligence requirements of the clients and (III) is able to provide the
financial entity, at his request, information obtained as a result of '
fulfillment of these obligations.
7. The parties shall pay special attention to any risk of money laundering or terrorist financing
arise from products or transactions that might favor anonymity and
take the measures necessary to prevent their use for money laundering or
financing of terrorism. ".

Art. 13

1. The first paragraph of Article 29 of Law 17 June 2008 n. 92 is replaced by the following:

"Art.
29 (Fulfilment of customer due diligence requirements through third parties)

1. The obliged parties may rely on the fulfillment of the obligations referred to in Article
22, paragraph 1, letters a), b) and c) carried out by third parties with whom customers have ongoing relationships
namely that have classified responsible for carrying out an occasional transaction.
To this end, the third parties are required to issue, if required by the customer, appropriate certificate of having fulfilled
the customer due diligence obligations. The parties shall, also in this case
, the ultimate responsibility for the obligations of identification and verification of identity of customers
. ".

Art. 14

1. Article 34 of Law 17 June 2008 n. 92 is replaced by the following:

"
Art.34 (Obligations of registration and storage of documents and information)

1. The parties shall record the data and information acquired to fulfill the obligations
of customer due diligence and must retain the same recordings and copies of
scanned documents for at least five years from the closing of the business relationship or || | occasional execution of the transaction.
2. The parties shall register and preserve the evidence and records of continuous
relationships and occasional transactions or services provided. In particular, they are required to
record and keep the original documents or copies admissible in court proceedings
for a period of at least five years following execution of the operation or performance.
3
. The data and information referred to in the preceding paragraphs must be registered no later than the fifth day
after their acquisition.
4. All data, information and documents recorded and stored by
parties shall be made available to the Agency without delay to carry out the functions of
prevention and combating money laundering and terrorist financing.
5. The recording and retention obligations under paragraphs 1 and 2, for financial entities, is
apply to all operations, national or transnational, whether they relate to ongoing relationships
existing or extinct as well as the occasional transactions .
6. The Agency may provide that data, documents and information referred to in the preceding paragraphs,
are kept beyond the time limit of five years for the purposes referred to in this Act. ".

Art. 15

1. After Article 34 of Law 17 June 2008 n. 92 The following is added:

"Article 34a
(Management of recordings and documents concerning financial parties
who do not carry out reserved activities)

As a result of revocation, surrender or lapse of the authorization to carry out a reserved activity, the
financial entity, quandanche in ordinary or compulsory winding administrative
appoint a person responsible for keeping, for the purposes of this Act, documentation and archives electronic
for at least five years, or longer if requested by the Agency.
The person referred to in the preceding paragraph shall satisfy the requirements of Financial Information
about the existence of relationships and / or movements and submit, if required, the
necessary paperwork.
The person referred to in paragraph 1 receives remuneration for the performance of its duties to be paid by the person designated
. The same body will have to make available suitable premises dell'incaricato
for storage of documents and electronic files and paper.
The charge function is not incompatible with that of liquidator or commissioner. ".
Art.16


1. Article 36 of Law 17 June 2008 n. 92 is replaced by the following:

"Art. 36
(Reporting obligations)

1. The parties shall report without delay to the Agency:
a) each operation, also performed, which, by their nature, characteristics, extent, or in connection with
economic capacity and the activity performed by the subject to which it is referred, or for any other condition known
, suggests that the economic resources, the money, or assets covered by the operation
it may derive from offenses of money laundering or terrorist financing or may the
It is used to commit such crimes;
B) any person or any fact, for any condition known because of the activity,
it may be related to money laundering or terrorist financing;
C) the funds for which they know, suspect or have reason to suspect that they are connected, in relation
or may be used for the purpose of terrorism, terrorist acts, terrorist organizations and those who finance
terrorism or a terrorist.
2. If the report is made orally, the person appointed shall without delay
Agency a written report providing all the data and information necessary to perform the financial investigation
. ".
Art.17


1. Section 1 of Article 42 of Law 17 June 2008 n. 92 is replaced by the following:

"1. The financial parties organized in corporate form must appoint within them a
compliance officer upon whom the receipt of internal signals, the deepening
thereof and the transmission to the Agency, if deemed justified on the basis of '
set of elements at his disposal, also apparent from other sources. The reports shall be forwarded
Agency without the name of the individual who has detected the suspicious transaction pursuant
Article 36, paragraph 1 a) and b). ".
Art.18


1. Paragraph 4 of Article 42 of Law 17 June 2008 n. 92 is replaced by the following:

"4. Until the appointment of the compliance officer, all the tasks and responsibilities related to such
function shall be assigned to the legal representative. In the absence of even temporary
compliance officer all the tasks and responsibilities related to this function can be attributed to a
his replacement. The appointment of his replacement takes place as provided in paragraph
2 and 3 of this Article for the person in charge. In case of absence of the responsible

Charge and his deputy, if appointed, all the tasks and responsibilities related to such
function shall be assigned to the legal representative. ".

Art. 19

1. Article 44 of Law 17 June 2008 n. 92 is replaced by the following:

"Art.
44 (Procedures and Internal Controls)

1. The parties shall adopt policies and procedures comply with the obligations of this
law and the instructions issued by the Agency in order to prevent and combat money laundering and terrorist financing
. In particular should adopt policies and procedures to prevent
that technological developments related to activities from being used for money laundering or terrorist financing and
should adopt policies and procedures to mitigate any possible risks related
in a continuous or occasional transactions relationships where the customer is not present.
2. The obliged parties shall inform all employees and associates of the obligations provided in the
this law and in the instructions issued by the Agency. The persons designated
inform all employees and associates of the measures and procedures adopted for the purpose of preventing and
combating money laundering and terrorist financing.
3.The parties shall promote the continuous training of personnel
including through participation in specific training programs on the prevention and combating of
laundering and terrorist financing.
4. The parties shall develop and organize adequate internal controls to prevent and counter the
involvement in business relationships or transactions relating to money laundering or terrorist financing
.
5. The subjects shall be equipped with computer or electronic tools that guarantee
confidential reception and timely forwarded by the Agency of communications. Communications sent by the Agency
should be accessible only to individuals.
6. The financial parties shall extend the obligations referred to in this article to foreign branches.
7. The financial parties shall implement the staff selection procedures and
collaborators, to ensure high professionalism to the intake of the same, because of
role and functions to be performed. ".

Art. 20

1. The first paragraph of Article 53 of Law 17 June 2008 n. 92 is replaced by the following:

"Art.
53 (Breach of secrecy on reports)

1. Unless the act constitutes a serious crime, shall be punished with imprisonment of First Instance,
the third-degree disqualification and a fine of a second-degree daily reveals anyone, outside of
cases provided by law that a report has been forwarded or that is in progress or might be initiated
investigation for money laundering or terrorist financing. ".

Art. 21

1. The first paragraph of Article 54 of Law 17 June 2008 n. 92 is replaced by the following:

"Art.
54 (Omitted or false statements regarding customers)

1. Unless the act constitutes a serious crime, he shall be punished with imprisonment or with the daily fine
second degree whoever fails to indicate the identity of the person on whose behalf
performs the operation or provides false; does not indicate the beneficial owner or indicates false. ".

Art. 22

1. Article 55 of Law 17 June 2008 n. 92 is replaced by the following:

"Art.
55 (Non-compliance of the reporting)

1. Unless the act constitutes a serious crime, shall be punished with imprisonment of First Instance,
the third-degree disqualification and a fine of a second-degree daily, anyone who fails to comply with the reporting obligations laid down
' Article 36. ".
Art.23


1. Article 61 of Law 17 June 2008 n. 92 is replaced by the following:

"Art.
61 (Violation of customer due diligence requirements and abstention)

1. Violations of the customer due diligence obligations under this law shall be punished by imprisonment
of First Instance or with the daily fine second degree. It also applies
fine from 2,000 to 40,000 euro and third-degree disqualification.
2. If the violation of customer due diligence
perpetrated by using fraudulent means, the punishments envisaged in the preceding paragraph shall be increased by one degree and the pecuniary administrative sanction
doubled. 3
. The violation of the abstention obligations provided for in Article 24 shall be punished by imprisonment for first degree
or daily fine of the second degree. It is also the administrative sanction

fine from 5,000 to 50,000 euro and third degree interdiction.
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 by imprisonment
of First Instance or with the daily fine second grade. It also applies the sanction
fine of from 3,000 to 50,000 euro and third-degree disqualification. ".

Art. 24

1. Article 62 of Law 17 June 2008 n. 92 is replaced by the following:

"Art.
62 (Non-compliance or delay in the recording and storage obligations)

Anyone who violates the obligations laid down in Article 34, paragraphs 1, 2 and 3, shall be punished by imprisonment for first degree
or daily fine of the second degree. It is also the administrative sanction
fine from 2,000 to 40,000 euro and third-degree disqualification.
2. If violations are perpetrated by using fraudulent means, the punishments are
increased by one degree and a fine is doubled. ".

Art. 25
1. After Article 62 of Law 17 June 2008 n. 92 The following is added:

"
Art.62 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 the fine from 2,000 to 40,000
euro and disqualification 3rd degree.
2. If violations are perpetrated by using fraudulent means, the punishments are
increased by one degree and a fine is doubled. ".

Art. 26

1. After Article 62-bis of Law 17 June 2008 n. 92 is inserted as follows:

"Art.62-ter
(Violation of the prohibition to operate with shell banks)

1. Violation of the requirement in Article 28 is punished with an administrative sanction fine
from 2,000 to 50,000 euro. ".

Art. 27

1. Articles 66 and 67 of Law 17 June 2008 n. 92 are replaced by the following:

"Art.
66 (Other violations)

1.Without prejudice to the criminal and administrative violations set out in previous articles, the violation of
other provisions of this law shall be punished with an administrative fine
from 3,000 to 100,000 euro.
"Art. 67
(Guidelines Violations)

1.Salvo that the fact constitutes a more serious offense or administrative violation, failure to comply with instructions issued by the Agency
, is punished with a fine of between 3,000 to 100,000
euro. ".

Art. 28

1. Article 75 of Law 17 June 2008 n. 92 is replaced by the following:

"Art.
75 (Nullity of disposals of assets subject to confiscation)

1. It is null and void all acts of disposal, for whatever reason made, concerning property, funds or resources
constituting directly or indirectly the price, product or profit of a
misdeed, when the one who has received such goods , funds or resources, knew or should have known that
derived from an offense.
2. The Government Mayors sue the transferor, the transferee and any successors in title
due, which are ordered jointly and severally to the devolution of goods, funds or economic resources to
Ecc.ma Chamber or, where that is not it is possible, the payment per equivalent of a sum of money
. 3
. It is the responsibility of the assignee and any subsequent assignees prove his good faith for the
meaning of the first paragraph of this article.
4. It is subject to any other reciprocal action between the assignor, the assignee and any subsequent assignees
.
5. This is without prejudice to any action that compete the person offended by the crime from which the goods originate
, funds or resources.
6. The preceding provisions shall apply notwithstanding the general rules in force in the field of contractual invalidity
, in order to more effective action for preventing and combating money laundering and terrorist financing
.
7. In accordance with the order specified in the preceding paragraph shall, at the request, the judge
gives effect to the foreign measure which, in the context of non-criminal proceedings
aimed at the apprehension of goods, funds or resources referred to in paragraph 1, identifies the same and has
precautionary measures conservative thereon. The court shall verify the authenticity and enforceability
foreign act and not against public order his execution. Acts required not

, Compromise the sovereignty, security and other essential interests of the Republic.
For matters not provided, apply the procedural rules relating to the exequatur of civil judgments. ".

Art. 29

1. Article 1 of the Technical Annex to the Law 17 June 2008 n. 92 is amended as follows
:

"Art. 1
(politically exposed persons referred to in Article 1, paragraph 1, letter n)

1. For "politically exposed person" means:
A) the natural person in a foreign country occupies or has occupied important public positions,
including those mentioned below, even if differently named:
1) Chief of State, head of Government, Minister, deputy Minister, Secretary, Parliamentary,
2) member judicial bodies whose decisions are not generally subject to further appeal
,
3) board member of central banks or supervisors,
4) ambassador, chargé d'affaires, senior officer in the armed forces,
5) member of the administrative, management or supervisory bodies of State-owned enterprises;
B) the immediate family members of the persons referred to in letter or those with whom such persons
known to be close ties, including the following persons:
1) the spouse or partner considered equivalent to spouse | || 2) the children and their spouses,
3) the parents;
C) the natural person who is known to have with a person referred to in letter A)
the beneficial ownership of companies or legal entities;
D) the natural person who has sole beneficial owner of the company or legal entity or legal institutions famously created
effectively for the benefit of one of the persons referred to in subparagraph A).
2. The termination of office does not exempt the parties from fulfilling designated, according to the
risk, enhanced customer due diligence obligations. ".
TITLE II

ASSETS 'FINANCIAL EXERCISED IN AN OCCASIONAL OR VERY LIMITED SCALE

Art. 30
(trading of one currency against another activity exercised occasionally and on a limited scale
)

1. The legal persons carrying on an occasional basis and the trading activities
limited scale of one currency against another, are not required to fulfill the obligations
by Title III of this Decree Law takes place when the following conditions:
a) revenues from this activity do not exceed € 250 a month and the value of the non
operations altogether exceed 5,000 euro per month;
B) such activity is limited on a transaction basis, but no more than 3 transactions per month per customer
;
C) it is not the main activity and in any case not exceed 5% of total revenues;
D) this activity is ancillary and directly related to the main activity;
E) the main activity is not an activity attributable to the restricted acts set out in Annex 1 to the
Law 165 of 17 November 2005;
F) such activity is provided only to the customers of the principal activity and not generally offered to the public
.
2. E 'task of the National Coordinating Technical Committee
monitor that the exemption granted in the preceding paragraph does not expose to the risk of money laundering or terrorist financing
. In the event of abuse of this exemption, the Commission promptly informs
the State Congress. 3
. The Congress of State, after consultation with the Commission for National Coordination Technique with
decree may modify the conditions of the preceding paragraph or to revoke
As provided in this Article, if the circumstances or mutate there are information
available which suggests that the risk of money laundering and terrorist financing is
changed.

TITLE III

GAMES THROUGH THE INTERNET AND OTHER NETWORKS TELECOMMUNICATIONS TELEMATIC O

Art. 31
(games Activities electronically)

1. It is forbidden to offer through the Internet and other electronic networks or telecommunications,
games, betting or contests with cash prizes, without prior permission of the Ente
Games State.
2. Any violation of the preceding paragraph shall be punished according to article 16 of Law 25 July 2000 67
. 3
. L 'State of Play Ente inform the Agency of any authorization granted in accordance with the
methods and standards to this set.



TITLE IV ADAPTATION OF NATIONAL LEGISLATION WITH THE PRINCIPLES OF THE CONVENTION OF THE COUNCIL OF EUROPE
RECYCLING, RESEARCH, THE SEIZURE AND CONFISCATION OF
PROCEEDS OF CRIME AND THE FINANCING OF TERRORISM (CONVENTION WARSAW OF
May 16, 2005)


CHAPTER I AMENDMENTS TO THE LEGISLATION


Art.
32 (Confiscation of the proceeds of serious crimes)

1. The third paragraph of Article 147 of the Criminal Code is replaced by the following: "If convicted
, is compulsory confiscation of the things that were used or were intended to
commit the offenses referred to in Articles 150, 155 aggravated art. 156, 167, 168, 169, 177a, 177 b,
194, 195, 195 bis, 195 ter, 196, 199 paragraph 1, 199a, 204 paragraph 3 number 1, 204a, 207, 212, | || 237, 239, 241, 242, 246, 247, 248, 249, 295, 296, 297, 298, 299, 300, 305a, 308, 309, 337 bis, ter
337, 371, 372, 373, 374 paragraph 1, 374 ter, paragraph 1, 401, the crimes for purposes of terrorism or subversion of the constitutional
, the crime referred to in Article 1 of Law 26 November 1997
n. 139 and the crime referred to in Article 2 of the law 7 June 2010 n. 99, as well as the things that
are price, product or profit.
2. If the things that served or were destined to commit the offense or who are price, the
product or profit were mixed entirely or partially to assets of lawful origin,
the court orders confiscation of commisto well up to the assessed value of
that served or were destined to commit the offense or who are price, product or profit. 3
. In the cases mentioned in paragraph 3, the court also ordered the confiscation of money, goods or other benefits of
which the offender is unable to justify the legitimate origin.
4. Where it is not possible to confiscate, the judge imposes the obligation to pay a sum of money equal to the value of things
be confiscated. ".

Art. 33
(Punishable nature of the offense committed abroad according to the requirement Sammarinese Order)

1. In the third paragraph, last part, Article 199 bis cp is deleted the word "also."

Art. 34

1. It repealed the last paragraph of Article 199 bis cp

Art. 35
(dummy transfer and unjustified possession of values)

1. After Article 199 bis of the Penal Code has introduced the following article:
"Article 199 ter
(Possession of unjustified values)

It is punishable by imprisonment or a fine of the third degree, the person convicted of offenses indicated
Article 147 paragraph 3, which is caught in possession of money, goods or other benefits of which are not | || be able to justify the legitimate origin.
It is always the confiscation of money, goods or other benefits of which the offender can not justify the origin
. Where confiscation is not possible, the judge imposes the obligation to pay
a sum of money equal to the value of the things above. "


Art.36 (Violation of investigation secrecy)

1. After Article 53 of Law 17 June 2008 n. 92 is added to the following article:

"Article 53a
(Violation of investigation secrecy)

1. Unless the fact constitutes a more serious offense, whoever, outside the cases provided by law,
reveals the existence and / or the results of investigations, inspections or requests for information by the
Judiciary, Authority police, the financial Intelligence Agency or the Central
Bank of the Republic of San Marino concerning the present law or otherwise covered by office
secret, shall be punished with imprisonment and disqualification of the second degree.
2. If you have already run the freezing order, the financial
entities referred to in Article 6 of Law 17 June 2008 n. 92 can inform the customer of the execution
of the measure, unless the judicial authority has placed limitations on such
communication. ".

Art.
37 (Administration of the assets subject to seizure by the Criminal Judge)

1. The Law Commissioner, in the event of criminal seizure of funds or economic resources
deposited with subjects authorizations in accordance with Law 17 November 2005 n. 165, Instructs
Central Bank to ensure that the same funds are properly guarded.
2. In the case of criminal seizure of funds or economic resources not included among those listed
in the preceding paragraph, the Commissioner of the law shall so notify the Civil Judge.
You apply, mutatis mutandis, the provisions of Delegated Decree 31 October 2008
137.



Art.
38 (Seizure of evidence)

1. The Law Commissioner reasoned decree ordering the seizure of the body of the crime and the things
relevant thereto which are necessary to establish the facts.
2. Are the corpus delicti things on which or with which the crime was committed as well
things that make up the product, profit or price.
3
. The court or the officer judicial police personnel of the judicial
can review and obtain copies of records, documents, correspondence, data and information contained in
computer programs with financial institutions as well as to seize records, documents and correspondence
, titles, values, amounts deposited and anything else, even if content
in safes, when he has reasonable grounds for believing that they are relevant to the offense, although not belong
the accused or are not registered to his name.
4. The measure by which it is arranged the acquisition of copies of documents is
notified the Prosecutor of the Treasury and the financial entity from which examined or acquired
documents.

Art. 39
(Seizure quote)

1. The Law Commissioner, by reasoned decree, order the seizure of the things
relevant to the offense if there is danger that they are aggravated or prolonged consequences of crime or facilitate the commission of other crimes
.
2. The Law Commissioner may also order the seizure of the things that the
confiscation or the things in which they have been transformed or converted is allowed, the things that were mixed
, as well as of the obtained economic utility.



CHAPTER II COORDINATION RULES

Art. 40
(Register of crime reports relating to issuance of checks without funding as well as theft and damage
committed by unknown)

1. Notwithstanding the provisions of article 2 of Law 17 June 2008 n. 93, news of
offense concerning crimes of theft and corruption committed by unknown persons and the issue of crime check
no funding shall be entered in a separate register in which are noted the provisional
legal classification, the date and place of the event as well as the identity of the injured party.
If the identity of the crime emerge later, the procedure is registered also on the register
of crime reports referred to in Article 2 of Law 17 June 2008 n. 93.

Art. 41
(Computerization of records and protocols of the Court Act)

1. Records and Court of protocols can also be kept by computer.
Given at Our Residence, this day of July 15 2010/1709 dFR

THE CAPTAINS REGENT
(Marco Conti - Glauco Sansovini)

THE SECRETARY OF STATE FOR INTERNAL AFFAIRS

(Valeria Ciavatta)

Related Laws