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Order Eha/1464/2010, 28 Of May, Which Modifies The Order Eco/2652/2002, Of 24 October, Which Develop The Obligations Of Communication Operations For Certain Countries The Executive Service Of The Commission...

Original Language Title: Orden EHA/1464/2010, de 28 de mayo, por la que se modifica la Orden ECO/2652/2002, de 24 de octubre, por la que se desarrollan las obligaciones de comunicación de operaciones en relación con determinados países al Servicio Ejecutivo de la Comisión...

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Article 7.2 of the Regulation of Law 19/1993 of 28 December 1993 on certain measures for the prevention of money laundering, adopted by Royal Decree 925/1995 of 9 June 1995, lays down those operations which, in all Case, they must be communicated to the Executive Service of the Commission of Prevention of the Laundering Of Capital and Monetary Violations with a monthly periodicity. In particular, Article 7.2.c) provides for, as operations to be included in this communication, other than those provided for in paragraphs (a) and (b), any other than, on a proposal from the Commission on the Prevention of Money Laundering and Infractions Monetary, they are included in the implementing provisions of the Regulation.

In the use of such regulatory enablement and the provisions of the single transitional provision of the Regulation, Order ECO/2652/2002 of 24 October 2002, repealing the previous regulation, submitted to the Service Monthly Executive of the Commission on the Prevention of Money Laundering and Monetary Violations transactions with a number of jurisdictions not included in Royal Decree 1080/1991, of July 5, as tax havens.

Currently, financial relations with Iran are being subject to restrictions and special monitoring as a result of the risks this country incurs in the proliferation of nuclear weapons, money laundering. capital and financing of terrorism. These threats have led to the adoption of decisions by the United Nations (Resolutions 1737/2006, 1747/2006, 1803/2008 and 1835/2008, of the Security Council) and of the European Union (Council Regulations (EC) No 423/2007 and No 1100/2009) and 219/2008 of the Commission), each of which has established a series of limitations and controls in the light of its own field of competence.

For its part, the International Financial Action Task Force (FATF), as the body responsible for the review of the procedures established by the countries in the field of the prevention of money laundering and the The Committee on Foreign and Security and Security Council (Doc. A) of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament In particular, a public statement of 26 June 2009, in which the financial institutions are advised to take into account the deficiencies identified in the system, was adopted at the plenary session of that organisation in Lyon. (a) preventive measures should be applied in respect of transactions carried out with economic operators in Iran, the responsibility of the competent authorities of each country being the determination of the extent and content of the These measures. Subsequently, the Plenary of the FATF held in Paris on 16 October 2009 adopted a new public declaration in which, in the absence of a commitment from Iran to address the serious deficiencies of its preventive system, it reiterates the call to the countries and jurisdictions to carry out the actions they consider necessary to prevent their financial institutions from being affected by the absence of a regulatory framework in that State which prevents the use of their operators (i) economic and monetary policy; and (i) economic and monetary policy. As the most recent action, it is necessary to note that in the last plenary session of the FATF, held last February in Abu Dhabi, it was agreed, in addition to reiterating the appeal made to the countries and jurisdictions to safeguard the integrity of your financial system, recommend countries and jurisdictions to call attention to their financial institutions to be extremely cautious in their business relationships and dealings with Iran.

In this regard, on the part of the Ministry of Economy and Finance, in the light of the situation described and in accordance with the proposal of the Commission on the Prevention of Money Laundering and Monetary Violations approved at its meeting of the On 22 January, the decision was taken to use the instruments which the legislation in force in this area gives to it, and to amend the abovementioned Order ECO/2652/2002 in order to extend the application of the measures referred to in the the same to transactions with Iran.

This Order is dictated by the regulatory enablement contained in the final disposition of Royal Decree 925/1995 of 9 June, under which, the Minister of Economy and Finance, prior to the appropriate legal procedures, will dictate how many provisions are necessary for the development of the Regulation of Law 19/1993, of December 28.

In its virtue, I have:

Single item. Amendment of Order ECO/2652/2002 of 24 October 2002 implementing the obligations for the communication of operations in relation to certain countries to the Executive Service of the Commission on the Prevention of Money Laundering and Monetary Violations.

The single article of Order ECO/2652/2002 of 24 October 2002 implementing the obligations for the communication of operations in relation to certain countries to the Executive Service of the Commission on the Prevention of Money laundering and monetary violations are amended to include the Islamic Republic of Iran in the relationship of countries and territories established therein.

Single end disposition. Entry into force.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Required subjects shall include the operations referred to in this Order from the first monthly communication to take place after a full calendar month has elapsed since their publication. This first communication shall include the operations carried out within that complete calendar month.

Madrid, May 28, 2010. -Vice President of the Government and Minister of Economy and Finance, Elena Salgado Méndez.