Royal Decree 304/2014, May 5, Which Approves Regulations Of The Law 10/2010 Of 28 April, The Laundering Of Capital And Financing Of Terrorism.

Original Language Title: Real Decreto 304/2014, de 5 de mayo, por el que se aprueba el Reglamento de la Ley 10/2010, de 28 de abril, de prevención del blanqueo de capitales y de la financiación del terrorismo.

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TEXT

The royal decree develops Law 10/2010 of 28 April on the prevention of money laundering and the financing of terrorism in accordance with the effect conferred by the law on its final disposition. fifth.

Money Laundering and the financing of terrorism are presented as universal and globalized phenomena, which take advantage of the advantages offered by the international economy and the gradual elimination of barriers to terrorism. exchanges at global level. Thus, the response that the international community has to offer to this phenomenon must be coordinated and global.

policy of prevention of money laundering and the financing of terrorism has been developing in Spain in line with the evolution of international standards in this field. Some standards in whose configuration Spain has actively collaborated, through its participation as a member of the International Financial Action Group (FATF), since its founding in 1989. Precisely, the intense commitment to the elaboration of the new FATF Recommendations and their subsequent approval in February 2012 has led to the adoption of different initiatives in the normative field aimed at incorporating our Order the news contained in them.

In this sense, it is important to highlight the modification of the Law 10/2010, of April 28, by the passage of Law 19/2013, of 9 December, of transparency, access to public information and good governance, which incorporates, as highlighted developments, the modification of the regime applicable to persons with public responsibility, the reform of the simplified system of diligence, the extension of the powers of the Council of Ministers when adopting international financial sanctions and countermeasures and the establishment of the obligation to structure internal control procedures at the group level.

With the approval of the royal decree, it is necessary, on the one hand, to complete the new approach oriented to the risk of the preventive regulation in Spain, incorporating also the main new elements of the international regulations from the approval of the new FATF Recommendations.

In this sense, while the risk-oriented approach was already incorporated in Law 10/2010 of 28 April, this royal decree proceeds to the development and concreteness of this concept.

Taking into account the limited means available to the required subjects, it is necessary to adopt those measures that will increase the effectiveness and efficiency of the use of these resources, with greater emphasis on those resources. situations, products, and clients that present a higher level of risk.

In this way, the required subjects will have to analyze the main risks that they face and that will vary according to the type of business, products and clients with which they establish business relationships. On the basis of that analysis, internal policies and procedures should be designed in such a way that they are adapted to the risk profile of the institution, with the intensity of the due diligence measures being moderated, according to the specific customer characteristics and the operation.

A risk-oriented approach that, not only, will increase the efficiency of the measures to be applied, but also presents itself as an element of flexibility of the norm, aimed at a very heterogeneous group of subjects. In this way, basic and common requirements are established for all required subjects, allowing also a margin of adaptation of the application of the norm to the specific reality of the activity that each subject develops.

Together with this, we proceed to a redimensioning of the procedural obligations required of certain types of subjects. The objective is to limit the procedural obligations for the smaller subjects, increasing the requirement according to the size and turnover of the subject. An approach that is justified from both the economic and the risk management point of view, which in the case of large entities, requires centralised, specialised and automated treatment.

It is also particularly relevant to the development of Article 43 of Law 10/2010 of 28 April, which provides for the creation of a Financial Entitlements File, the content, operation and possibilities of access this actual concrete decree.

, a review of the institutional scheme devoted to the prevention of money laundering and the financing of terrorism, with a strengthening of the Commission by means of the enlargement of the institutions, is carried out. and the creation of a new organ dependent on that, the Financial Intelligence Committee.

During the processing of this regulation, members of the Commission on the Prevention of the Laundering Of Capital And Monetary Violations have been asked to report, in accordance with the provisions of Article 44.2.k of the Law. 10/2010, April 28.

It has also been submitted to a public hearing in which numerous agencies and entities have participated. Finally, the affected ministerial departments, the General Council of the Judiciary, the Fiscal Council and the Spanish Data Protection Agency have been asked to report.

In its virtue, on the proposal of the Minister of Economy and Competitiveness, with the prior approval of the Minister of Finance and Public Administrations, according to the State Council and after deliberation by the Council of Ministers in their meeting of the day 30 April 2014,

DISPONGO:

Single item. Adoption of the Regulation of Law 10/2010 of 28 April on the prevention of money laundering and terrorist financing.

The Regulation of Law 10/2010 of 28 April on the prevention of money laundering and the financing of terrorism is hereby approved, the text of which is included below.

Additional disposition first. Reports from the Executive Service of the Commission on the procedures for the establishment of financial institutions and on procedures for the prudential assessment of acquisitions and increases in shareholdings.

The Commission's Executive Service will not be required to report on the procedures for the creation of financial institutions and on procedures for the prudential assessment of acquisitions and increases in shareholdings:

(a) Where the person or entity subject to the procedure does not have the status of a subject under the provisions of Article 2 of Law 10/2010, of 28 April.

b) In subsequent variations in the chain of intermediate companies through which a holder instructs a previously authorized significant holding.

Additional provision second. No increase in public spending.

The measures included in this royal decree will be met with the ordinary budget allocations and will not be able to increase public spending.

Additional provision third. Access to information by the State Tax Administration Agency.

The State Tax Administration Agency, for the performance of the functions it has legally attributed, may require and obtain the information that the subjects are required to possess or manage as a result of the due diligence obligations arising from Law 10/2010 of 28 April, in the terms provided for in Article 93 of the General Tax Act.

First transient disposition. Entry into operation of the Financial Entitlements File.

The entry into operation of the Financial Entitlement File, regulated in Section 3 of Chapter V of the Regulation, will be produced on the date determined by the Order of the Minister of Economy and Competitiveness and will be in the knowledge of credit institutions at least six months in advance. The entry into operation of the file must be produced within the maximum period of two years after the entry into force of the regulation.

Credit institutions shall, on a prior basis, declare to the Executive Service of the Commission, in the form established by it, all current accounts, savings accounts, securities accounts and time deposits. in force at the time of the Financial Entitlement File.

Second transient disposition. Systematic communication.

Until the designation by the Order of the Minister of Economy and Competitiveness is made, the obligated subjects will apply in compliance with the provisions of Article 27.1.b) of this regulation the list of countries and territories. Article 1 of Royal Decree No 1080/1991 of 5 July 1991 determining the countries or territories referred to in Articles 2 (3), 4 (4) of Law 17/1991 of 27 May 1991 on urgent fiscal measures, and 62 of the Law 31/1990, of 27 December, of the General Budget of the State for 1991, taking into account the established in the first provision and in the second transitional provision of Law 36/2006 of 29 November of measures for the prevention of tax fraud, supplemented by Order ECO/2652/2002 of 24 October 2002, for which the develop 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 systematic communication provided for in Article 27.1 e) and f) shall be enforceable as from the date to be determined by the Executive Service of the Commission, who shall also determine the form and content of such communications.

Transitional provision third. Due diligence obligations in occasional operations.

Until the entry into force of the identification threshold for occasional transactions as referred to in Article 4.1 of this Regulation, the thresholds set out in Royal Decree 925/1995 of 9 June 1995, for which the threshold for identification of the identification threshold the Regulation of 28 December 1993 on certain measures for the prevention of money laundering is adopted.

Transitional disposition fourth. Actual entitlement.

In relation to existing customers to the date of entry into force of the regulation, the inclusion by the subjects obliged in their client files of the administrators as real holders of the legal persons in the cases referred to in Article 8.b) of this Regulation shall be made within the maximum period of two years from the entry into force of this Regulation.

Transient disposition fifth. Simplified diligence measures.

The application of the simplified due diligence measures of Article 17 in relation to customers and live products which, at the date of entry into force of this Regulation, benefited from the diligence scheme simplified, shall be carried out in accordance with the risk criterion laid down in the Regulation and within the maximum period of three years from the entry into force of the Regulation.

However, in the case of the products referred to in Article 16 (a) to (d), the identity check shall in any event be carried out prior to the payment of the benefit.

Single repeal provision. Regulatory repeal.

To the entry into force of this royal decree will be repealed the Royal Decree 925/1995, of June 9, for which the Regulation of the Law 19/1993, of December 28, on certain measures of prevention of the laundering of capital.

As soon as they do not object to the provisions of the regulation, Order EHA/2963/2005, of 20 September, regulatory of the Centralized Authority of Prevention in the field of money laundering in the General Council of the Notarized; Order EHA/1439/2006 of 3 May, regulator of the declaration of movements of means of payment in the field of the prevention of money laundering; Order EHA/2619/2006, of July 28, for which certain obligations for the prevention of money laundering of persons who are obliged to carry out exchange of money or management of transfers with the outside world; Order EHA/2444/2007 of 31 July, implementing the Regulation of Law 19/1993 of 28 December on certain measures to prevent money laundering, adopted by Royal Decree 925/1995 of 9 June 1995 on the report of an external expert on the procedures and internal control and communication bodies established to prevent money laundering; and Order EHA/114/2008, 29 January, regulating compliance with certain obligations of notaries in the field of prevention of money laundering.

Final disposition first. Competence title.

This royal decree is issued under the protection of Article 149.1.11ª and 13th of the Constitution, which attribute to the State, respectively, the powers to lay the foundations of the ordination of credit and the bases and coordination of the general economic activity planning.

Final disposition second. Enablement for the development and implementation of the regulation.

The Minister of Economy and Competitiveness is empowered to lay down the implementing and implementing provisions referred to in Articles 3.2, 27.1 (g), 45.1 and the first transitional provision, and all other provisions and acts They are necessary for the development of the provisions of this regulation.

Final disposition third. Entry into force.

This royal decree will enter into force on the day of its publication in the "Official State Gazette".

The identification threshold in occasional operations of Article 4.1 is excepted from the above, which will enter into force six months after the publication of this royal decree in the "Official Gazette of the State".

Given in Madrid, May 5, 2014.

JOHN CARLOS R.

The Minister of Economy and Competitiveness,

LUIS DE GUINDOS JURADO

LAW 10/2010, 28 APRIL, PREVENTION OF MONEY LAUNDERING AND TERRORIST FINANCING

INDEX

Chapter I. General provisions.

Article 1. Scope of application.

Article 2. Fraction of operations and counter-value in foreign currency.

Article 3. Activities excluded.

Chapter II. From due diligence.

Section 1. Normal due diligence measures.

Article 4. Formal identification.

Article 5. Formal identification in the insurance field.

Article 6. Feisty documents for formal identification purposes.

Article 7. Obligations for the identification of the managing entities of collective investment institutions.

Article 8. Actual headline.

Article 9. Identification of the actual holder.

Article 10. Purpose and nature of the business relationship.

Article 11. Continuous monitoring of the business relationship.

Article 12. Due diligence and prohibition of disclosure.

Article 13. Application by third parties of the due diligence measures.

Article 14. Agreements concerning the identification of persons with public responsibility.

Section 2. Simplified Due Diligence Measures.

Article 15. Customers susceptible to the application of simplified due diligence measures.

Article 16. Products or operations which may be subject to simplified due diligence measures.

Article 17. Simplified due diligence measures.

Article 18. Retail Sales.

Section 3. Strengthened Due Diligence Measures.

Article 19. Scenarios for the implementation of enhanced due diligence measures.

Article 20. Enhanced due diligence measures.

Article 21. Requirements in business relationships and non-face-to-face operations.

Article 22. Countries, territories or jurisdictions at risk.

Chapter III. Of the reporting obligations.

Section 1. th Communication Obligations.

Article 23. Alerts.

Article 24. Operations likely to be related to money laundering or terrorist financing.

Article 25. Special examination.

Article 26. Communication by indicia.

Article 27. Systematic communication.

Section 2. Conservation of documents.

Article 28. Preservation of due diligence documents.

Article 29. Other documentary conservation obligations.

Article 30. Requirements of the authorities.

Chapter IV. Of the internal control measures.

Section 1. Common Provisions.

Article 31. Internal control procedures.

Article 32. Risk analysis.

Article 33. Prevention manual.

Article 34. Adequacy of internal control procedures.

Article 35. Internal control bodies.

Article 36. Internal control measures at the group level.

Article 37. Internal application control measures to agents.

Article 38. External examination.

Article 39. Training.

Article 40. High ethical standards in hiring employees, managers and agents.

Section 2. Special Provisions.

Article 41. Measures of internal control of implementation by the national administrator of the Register of allowances provided for in Law 1/2005 of 9 March, regulating the regime of trade in greenhouse gas emission rights.

Article 42. Foundations and partnerships.

Article 43. Internal control measures for application to the payment of prizes in lotteries or other games of chance.

Article 44. Centralised prevention of mandatory incorporation bodies.

Chapter V. Other provisions.

Section 1. Outpayment Means.

Article 45. Intervention of the means of payment.

Article 46. Postal shipment.

Section 2. International financial sanctions and countermeasures.

Article 47. Authorization of funds transfers.

Article 48. Freezing or freezing of funds or economic resources.

Article 49. Release of frozen or frozen funds or economic resources.

Section 3. Financial entitlements file.

Article 50. Nature and purpose of the Financial Entitlement File.

Article 51. Statement by credit institutions.

Article 52. Queries and accesses to the Financial Entitlements File.

Article 53. Data protection.

Article 54. Content of the role of the Prosecutor's Office.

Article 55. Verification of the regularity of the consultations and accesses by the Fiscal Ministry.

Article 56. Initiation of previous performances.

Article 57. Result of previous performances.

Section 4. Sanctions.

Article 58. Enforcement of sanctions.

Article 59. Enforcement of penalties for failure to comply with the obligation to declare as provided for in Article 34 of Law 10/2010 of 28 April.

Section 5. Data Protection.

Article 60. Level of security in personal data treatments.

Article 61. Common files for the fulfilment of the prevention obligations.

Chapter VI. From the institutional organization.

Article 62. Commission for the Prevention of Money Laundering and Monetary Violations.

Article 63. Plenary session of the Commission.

Article 64. Standing Committee of the Commission.

Article 65. Financial Intelligence Committee.

Article 66. Secretariat of the Commission.

Article 67. Executive Service of the Commission.

Article 68. Police units attached to the Commission's Executive Service.

Article 69. Unit of the State Tax Administration Agency.

CHAPTER I

General provisions

Article 1. Scope of application.

This regulation regulates, in the development of Law 10/2010, of April 28, prevention of money laundering and the financing of terrorism, the obligations of the subjects bound by the law, related in the article 2 of the same, the institutional organization on the prevention of money laundering and the financing of terrorism, sanctions and international financial countermeasures and establishes the structure and functioning of the Financial entitlements.

Article 2. Fraction of operations and counter-value in foreign currency.

1. The quantitative thresholds laid down in this Regulation shall apply irrespective of whether they are achieved in a single operation or in several operations linked to each other.

2. The references of the regulation to amounts in euro shall include their foreign currency equivalent.

Article 3. Activities excluded.

1. It shall not be subject to Law 10/2010 of 28 April, as provided for in Article 2.3 thereof, the foreign currency exchange activity carried out on an ancillary basis to the principal activity of the holder, when all the following circumstances:

a) That foreign currency exchange activity be verified, exclusively, as a service provided to the clients of the main activity.

b) That the amount changed per customer does not exceed 1,000 euros in each calendar quarter.

c) That foreign currency exchange activity is limited in absolute terms, without exceeding the figure of 100,000 euros per year.

d) That foreign currency exchange activity is ancillary to the principal activity, being considered as such that it does not exceed 5 percent of the annual turnover of the business.

2. Notarial and registered acts which lack economic or heritage content or are not relevant for the purposes of preventing money laundering and terrorist financing shall also be excluded. To this end, the Minister for Economic Affairs and Competitiveness, after the Ministry of Justice's report, will establish the relationship of such acts.

CHAPTER III

Due Diligence

Section 1. Normal Due Diligence Measures

Article 4. Formal identification.

1. The parties shall identify and verify, by means of authentic documents, the identity of any natural or legal person seeking to establish business relationships or to intervene in any occasional transactions the amount of which is equal to or more than EUR 1,000, with the exception of the payment of prizes for lotteries and other games of chance, where the identification and verification of the identity shall be carried out in respect of prizes of an amount equal to or greater than EUR 2,500, without prejudice to the provisions of Law 13/2011, of 27 May, of the regulation of the game, and in its rules

In the money-sending and transfer management operations, identity identification and verification must be performed in any case.

It shall not be necessary to verify the identity in the execution of transactions where there is no doubt as to the identity of the intervener, his participation in the operation is credited by his handwritten signature or electronic and such verification would have been previously practiced in the establishment of the business relationship.

2. The verification of the identity shall be verified in advance of the establishment of the business relationship or the execution of occasional operations, without prejudice to the provisions of Article 12 of Law 10/2010 of 28 April.

Article 5. Formal identification in the insurance field.

1. Subject to the provisions of Article 4.2, the parties shall identify and verify, by means of authentic documents, the identity of the policyholder, prior to the conclusion of the contract.

2. The persons obliged to register the identity of the beneficiary or beneficiaries of the insurance as soon as they are appointed by the policyholder. In the case of beneficiaries designated in a generic manner, by a will or by other means, the required subjects shall obtain the information necessary to establish the identity of the beneficiary at the time of payment.

In any event, verification by means of documents of the identity of the beneficiary or beneficiaries of life insurance shall be carried out on the basis of the payment of the benefit arising from the contract or the financial year. the taker of the rights of ransom, advance or pignoration conferred by the policy.

The information obtained must be recorded and retained, in accordance with the provisions of Article 28.

3. In cases where the application of the provisions of the previous paragraph is not possible, the subject shall proceed to carry out the special examination referred to in Article 17 of Law 10/2010 of 28 April.

Article 6. Feisty documents for formal identification purposes.

1. The following shall be considered to be authentic documents for the purposes of formal identification:

(a) For natural persons of Spanish nationality, the National Identity Document.

For natural persons of foreign nationality, the Residence Card, the Foreign Identity Card, the Passport or, in the case of citizens of the European Union or the European Economic Area, the document, letter or official personal identity card issued by the authorities of origin. The identity document issued by the Ministry of Foreign Affairs and Cooperation for the staff of the diplomatic and consular representations of third countries shall also be valid for the identification of foreigners. Spain.

Exceptionally, obliged subjects may accept other personal identity documents issued by a governmental authority provided that they enjoy adequate guarantees of authenticity and incorporate photographs of the holder.

(b) For legal persons, public documents certifying their existence and containing their social name, legal form, domicile, the identity of their administrators, statutes and the number of tax identification.

In the case of legal persons of Spanish nationality, it will be admissible, for the purposes of formal identification, certification of the provincial commercial register, provided by the client or obtained by means of telematics consultation.

2. In cases of legal or voluntary representation, the identity of the representative and the person or entity represented shall be documented. For these purposes, a copy of the document referred to in the preceding paragraph shall be obtained from both the representative and the person or entity represented, as well as the public document supporting the powers conferred. Verification by certification of the provincial commercial register, provided by the client, or obtained by means of a telematic consultation, shall be admissible.

3. The parties shall identify and verify by means of documents the identity of all the members of the entities without legal personality. However, in the case of entities with no legal personality which do not carry out economic activities, it is generally sufficient to identify and verify by means of documents that the identity of the person acting on the basis of entity account.

In the case of investment funds, the obligation to identify and verify the identity of the unit-holders shall be made in accordance with the provisions of Article 40.3 of Law 35/2003 of 4 November of the institutions of Collective Investment.

In Anglo-Saxon Trusts ("trusts") or other similar legal instruments which, however not having a legal personality, may act in economic traffic, the obliged subjects shall require the constituent document, without prejudice to the identification and verification of the identity of the person acting on behalf of the beneficiaries or in accordance with the terms of the trust or legal instrument. For these purposes, the trustees shall communicate their status to the persons who are bound when, as such, they intend to establish business relationships or to intervene in any operations. In cases where a trustee does not declare his or her status as such and this circumstance is determined by the obligor, the business relationship shall be terminated, proceeding to carry out the special examination referred to in Article 17 of the Law 10/2010 of 28 April.

4. Identification documents shall be in force at the time of the establishment of business relationships or the execution of occasional operations. In the case of legal persons, the validity of the data entered in the documentation provided shall be accredited by a statement responsible for the client.

Article 7. Obligations for the identification of the managing entities of collective investment institutions.

The management entities of collective investment institutions shall consider to be clients to the trading entities of collective investment institutions provided that they have the consideration of a subject under the obligation of the Law 10/2010, of 28 April, in relation to the global accounts referred to in Article 40.3 of Law 35/2003, of 4 November, of Collective Investment Institutions.

Article 8. Actual headline.

They will have the consideration of real headlines:

(a) The natural person or persons whose account is intended to establish a business relationship or to intervene in any operations.

(b) The natural person or persons who ultimately hold or control, directly or indirectly, a percentage greater than 25 percent of the capital or voting rights of a legal person, or through agreements or statutory provisions or by other means exercise the direct or indirect control of the management of a legal person.

The subject must document the actions he has taken to determine the natural person who, ultimately, owns or controls, directly or indirectly, a percentage of more than 25 percent of the capital or of the voting rights of the legal person, or by other means exercising control, direct or indirect, of the legal person and, where appropriate, the unsuccessful results of the legal person.

Where there is no natural person who owns or controls, directly or indirectly, a percentage greater than 25 percent of the capital or voting rights of the legal person, or by other means exercising control, direct or indirect or indirect, of the legal person, shall be deemed to be exercised by the administrator or administrators. Where the designated administrator is a legal person, it shall be understood that the control is exercised by the natural person appointed by the legal person.

The presumptions referred to in the preceding paragraph shall be applied unless otherwise tested.

(c) The natural person or persons who hold or exercise the control of 25% or more of the assets of an instrument or legal person administering or distributing funds, or, where the beneficiaries are still designate, the category of persons for whom the legal person or instrument has been created or acted primarily. Where there is no natural person who directly or indirectly owns or controls 25% or more of the goods referred to in the preceding paragraph, the natural person or natural persons shall be considered to be the ultimate holder of the right. responsible for the management and management of the legal instrument or person, including through a chain of control or ownership.

The natural persons who hold or control 25 percent or more of the voting rights of the Patronato, in the case of a foundation, or the representative body, shall have the consideration of actual holders. association, taking into account the statutory arrangements or forecasts that may affect the determination of the actual ownership.

When there is no natural person or persons meeting the criteria set out in the preceding paragraph, the members of the Board of Trustees shall be considered to be actual holders and, in the case of associations, the members of the Board of Directors or Board of Directors.

Article 9. Identification of the actual holder.

1. The required subjects shall identify the actual holder and shall take appropriate risk measures in order to verify their identity prior to the establishment of business relationships, the execution of electronic transfers by amount exceeding EUR 1,000 or the execution of other occasional transactions in the amount of more than EUR 15,000.

The identification and verification of the identity of the actual holder may be carried out, in general, by a statement responsible for the client or the person assigned the representation of the legal person, A such effects, the administrators of the companies or other legal entities shall obtain and maintain adequate, accurate and up-to-date information on the actual ownership of the effects.

By way of derogation from the foregoing paragraph, the subject shall be required to obtain additional documentation or information from independent reliable sources by the subject when the client, the actual owner, the relationship of Business or operation presents higher than average risks.

2. In any event, the actual ownership accreditation shall be carried out by obtaining documentary information or from independent reliable sources in the following cases:

a) When there are indications that the identity of the actual holder declared by the customer is not accurate or truthful.

(b) Where circumstances are met which determine the special examination in accordance with Article 17 of Law 10/2010 of 28 April, or the communication by an indication in accordance with Article 18 of Law 10/2010, of 28 April 2010, April.

3. The required persons shall take appropriate measures to determine the ownership or control structure of persons and legal instruments and shall not establish or maintain business relations with persons or legal instruments whose structure property or control could not be determined.

For these purposes, the required subjects will require from their clients the information and documentation necessary to determine the structure of ownership or control. In the event of resistance or refusal of the client to provide the required information or documentation, the required subjects shall refrain from establishing or maintaining the business relationship or executing the operation.

4. The identification of shareholders or real holders of listed companies or their subsidiaries, which are mainly involved, shall not be required where those shareholders or shareholders are subject to reporting obligations which ensure the proper transparency of their shareholders. actual entitlement.

5. In relation to Anglo-Saxon trusts ("trusts") , the required persons shall identify and take appropriate measures to verify the identity of the person concerned, the trustees, the protector, the beneficiaries or classes of beneficiaries and any other natural person exercising the right. final effective control over the trust, including through a chain of control or property. In the case of beneficiaries designated by characteristics or classes, the information necessary to establish the identity of the beneficiary at the time of payment or where the beneficiary intends to exercise the rights conferred shall be obtained.

In the case of legal instruments analogous to the Anglo-Saxon trust, the subjects shall identify and take appropriate measures to verify the identity of persons holding equivalent positions or similar to those indicated in the preceding paragraph.

6. In order to comply with the obligation to identify and verify the identity of the real owner established in this article, the required subjects may access the actual ownership database of the General Council of the Notary conclusion of the relevant formalisation agreement, as provided for in Article 8 of Law 10/2010 of 28 April.

Article 10. Purpose and nature of the business relationship.

1. The obliged subjects shall obtain information from their clients in order to know the nature of their business or business activity. The activity declared by the client will be registered by the subject before the start of the business relationship.

2. The required subjects shall check the activities declared by the clients in the following cases:

(a) When the customer or the business relationship presents higher than average risks, by regulatory provision or because it is detached from the risk analysis of the obligated subject.

b) When the business relationship is tracked, the client's active or passive operations do not correspond to its stated activity or its operational background.

3. The actions of verification of the declared business or business activity shall be graded according to the risk and shall be carried out by means of documentation provided by the client, or by obtaining information from independent reliable sources. Also, the required subjects will be able to check the professional or business activity of the clients through in-person visits to the offices, warehouses or premises declared by the client as places where it exercises its mercantile activity, leaving a written record of the outcome of that visit.

4. In any event, the activity declared shall be verified where circumstances determining the special examination in accordance with Article 17 of Law 10/2010 of 28 April, or the communication by evidence in accordance with Article 18 of the Law 10/2010, of April 28.

Article 11. Continuous monitoring of the business relationship.

1. The obligated subjects shall carry out a scrutiny of the operations carried out throughout the business relationship in order to ensure that they match the client's professional or business activity and their operational background. The required subjects will increase the monitoring when they appreciate risks higher than the average per normative provision or because this results from the risk analysis of the subject.

Scrutiny will have an integral character, and must incorporate all the products of the client with the subject and, if necessary, with other societies of the group.

2. The subject shall be subject to regular review procedures in order to ensure that the documents, data and information obtained as a result of the application of the due diligence measures are kept up to date and find existing.

The manual referred to in Article 33 shall determine, depending on the risk, the periodicity of the documentary review processes that for the higher than average risk clients shall be at least yearly.

Article 12. Due diligence and prohibition of disclosure.

Regardless of any exception, exemption or threshold, whether during the establishment or in the course of a business relationship or the execution of transactions, indications or certainty of money laundering or of money laundering financing of terrorism, the required subjects shall proceed to identify and verify the identity of the client and the actual owner in advance of compliance with the provisions of Articles 17 and 18 of Law 10/2010 of 28 April.

However, in such cases, the required subjects must take into account the risk of disclosure, and may omit the practice of the due diligence measures provided for in the preceding paragraph when they reasonably consider that would disclose to the client or potential client the examination or communication of the operation.

Article 13. Application by third parties of the due diligence measures.

1. For the application of due diligence measures, the obliged subjects may use third parties subject to obligations to prevent money laundering and terrorist financing, in accordance with the terms laid down in Article 8. of Law 10/2010 of 28 April.

2. The parties ' respective obligations shall be included in a written agreement to formalise the application by third parties of the due diligence measures. In accordance with the said agreement, the subject shall in any event require the third party:

a) That you immediately forward the information about the client.

b) That you immediately refer to it, when requested by the subject, copies of the documents that accredit the information provided on that client.

The formalisation arrangements may cover all due diligence measures, with the exception of the continuous monitoring of the business relationship, affecting all data held by the third party on the client, by the adoption of general agreements; or only one or more specific elements of the due diligence measures, by the adoption of particular agreements.

3. In any event, the subject must verify that the third party is subject to the obligations relating to the prevention of money laundering and the financing of terrorism and is subject to supervision in these matters, reasonable measures to determine that it has adequate procedures for compliance with due diligence and document preservation measures.

4. An obligation to take due diligence measures carried out by its subsidiaries or branches domiciled in third countries may be accepted by the obligors provided that the group establishes and applies common due diligence and operational registration measures; and have approved internal controls on money laundering and terrorist financing, the supervision of which is attributed to an internal control body with powers at the group level.

Article 14. Agreements concerning access to the identification information of persons with public responsibility.

For the determination of the status of person with public responsibility, family member or legacy of that person, the required subjects will be able to access the files created under the provisions of article 15.1 of Law 10 /2010, of 28 April by other bound subjects, by the centralised prevention bodies referred to in Article 44 of this Regulation or by third parties. In these cases, the agreements that form such access will include the respective obligations of the parties in order to comply with the limitations and requirements established by the Organic Law 15/1999, of December 13, of Data Protection Personal character and its development regulations, in particular as regards the security of the data transmission and the procedures to be adopted to ensure the continuous updating of the data contained in the files.

Section 2. Simplified Due Diligence Measures

Article 15. Customers susceptible to the application of simplified due diligence measures.

Required subjects may, depending on the risk, apply simplified due diligence measures for the following clients:

(a) Public law entities of the Member States of the European Union or of equivalent third countries.

(b) Companies or other legal entities controlled or predominantly engaged by public law entities of the Member States of the European Union or of equivalent third countries.

(c) Financial institutions, with the exception of payment institutions, domiciled in the European Union or in equivalent third countries which are subject to supervision to ensure compliance with the prevention obligations of the money laundering and terrorist financing.

(d) branches or subsidiaries of financial institutions, with the exception of payment institutions, domiciled in the European Union or in equivalent third countries, where they are subject to the matrix of procedures for the prevention of money laundering and terrorist financing.

(e) Listed companies whose securities are admitted to trading on a regulated market in the European Union or equivalent third countries as well as their majority-owned branches and subsidiaries.

Article 16. Products or operations which may be subject to simplified due diligence measures.

Required subjects may apply, on the basis of risk, simplified due diligence measures for the following products or operations:

(a) Life insurance policies whose annual premium does not exceed EUR 1,000 or whose single premium does not exceed EUR 2,500.

(b) the supplementary social security instruments listed in Article 51 of Law 35/2006 of 28 November of the Income Tax of the Physical Persons and the partial modification of the Tax on Societies, on the Income of Non-Residents and on the Heritage, where the liquidity is limited to the assumptions covered by the rules of pension plans and funds and cannot serve as collateral for a loan.

(c) Collective insurances that implement pension commitments as referred to in the first provision of the recast of the Law on the Regulation of Pension Plans and Funds, approved by Royal Decree Legislative 1/2002 of 29 November, when they meet the following requirements:

1. To implement pension commitments that have their origin in a collective agreement or in a file of employment regulation, understood as the extinction of labor relations under a collective dismissal of the Article 51 of the recast text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, or of a judicial decision adopted within a court of insolvency.

2. Do not admit the payment of premiums by the insured worker who, in addition to those paid by the employer who takes the insurance, amounts to an amount exceeding the limits laid down in Article 5 (2) (b) of the Law 35/2006 of 28 November for the supplementary social security instruments listed in Article 51 thereof.

3. No that they cannot serve as a guarantee for a loan and do not contemplate other rescue scenarios other than the exceptional liquidity provided in the pension plan regulation or those referred to in Article 29 of the Royal Decree 1588/1999 of 15 October 1999 approving the Regulation on the implementation of the pension commitments of companies with workers and beneficiaries.

(d) Life-class policies which exclusively guarantee the risk of death, including those which also provide for supplementary guarantees of pecuniary compensation for permanent or partial invalidity, total or absolute or temporary disability, severe illness and dependency.

e) Electronic money where it cannot be recharged and the amount stored does not exceed EUR 250 or where, if it can be recharged, the total amount available in a calendar year is limited to EUR 2,500, except where the The holder of the electronic money requests the reimbursement of an amount equal to or greater than 1,000 euros in the course of that same calendar year. The electronic money issued against the delivery of the means of payment referred to in Article 34.2.a) of Law 10/2010 of 28 April is excluded.

f) The postal orders of the Public Administrations or their dependent agencies and the official postal orders for payments from the Postal Service with origin and destination in the Post Office itself.

g) Charges or payments derived from commissions generated by reserves in the tourism sector that do not exceed 1,000 euros.

(h) Consumer credit contracts of less than EUR 2,500 provided that the reimbursement is made exclusively through a charge in an account opened in the name of the debtor in a credit institution domiciled in the European Union or equivalent third countries.

i) syndicated loans in which the agent bank is a credit institution domiciled in the European Union or in equivalent third countries, in respect of participating entities that do not have the status of an agent bank.

(j) Credit card contracts, the limit of which does not exceed EUR 5 000, where the reimbursement of the amount provided can only be made from an account opened in the name of the customer in a credit institution domiciled in the European Union or equivalent third country.

Article 17. Simplified due diligence measures.

1. In the cases provided for in the preceding Articles, the obliged subjects may apply one or more of the following measures, depending on the risk and, in place of normal due diligence measures:

a) Check the identity of the customer or the actual owner only when a quantitative threshold is exceeded after the business relationship is established.

b) Reduce the periodicity of the documentary review process.

c) Reduce business relationship tracking and scrutiny of operations that do not exceed a quantitative threshold.

d) Do not collect information about the client's business or business activity, inferring the purpose and nature of the type of business or business relationship established.

2. The simplified due diligence measures shall be consistent with the risk. Simplified due diligence measures may not be applied or, where appropriate, the application of such measures shall cease when indications or certainty of money laundering or terrorist financing or of higher than average risks arise or arise.

Article 18. Retail Sales.

1. In the retail sale transactions, the required subjects referred to in paragraphs (q) and (r) of Article 2.1 of Law 10/2010, of 28 April, shall proceed to the formal identification of the customer in the form set out in Articles 4 and 6. of this Regulation and shall keep the documentation in accordance with Articles 28 and 29. Alternatively, the identifying data of the clients and the operations shall be recorded in a book-record, in physical or electronic form, which shall be available to the Commission on the Prevention of the Blanking of Capital and Infractions Monetary policy (hereinafter the Commission), its support bodies or any other legally empowered public authority. For these purposes, the book-registration referred to in Article 91 of Royal Decree 197/1988 of 22 February 1988, which is adopted by the Regulation of Law 17/1985 of 1 July 1985, of articles made of precious metals, shall be deemed valid.

The application of the provisions of this paragraph by the obligors referred to in paragraphs (q) and (r) of article 2.1 of Law 10/2010, of 28 April, will make it possible to understand the due diligence obligations. in respect of retail sales transactions.

2. For the purposes of this Article, a retail sale shall be deemed to be carried out with clients who do not intervene in their professional status, in establishments open to the public.

Section 3. Strengthened Due Diligence Measures

Article 19. Scenarios for the implementation of enhanced due diligence measures.

1. The obligated subjects shall apply, in addition to the normal due diligence measures, enhanced due diligence measures in the business areas, activities, products, services, distribution or marketing channels, business relationships and operations which present a higher risk of money laundering or terrorist financing.

2. In any event, the obliged subjects shall apply enhanced due diligence measures in the following cases:

a) Private banking services.

(b) Money-sending operations, the amount of which, either singular, well accumulated per calendar quarter exceeds EUR 3,000.

(c) Foreign currency exchange transactions, the amount of which, either singular, well accumulated per calendar quarter exceeds EUR 6,000.

(d) Business relations and operations with companies with bearer shares, which are permitted in accordance with the provisions of Article 4.4 of Law 10/2010 of 28 April.

e) Business relationships and operations with clients from countries, territories or jurisdictions at risk, or which involve the transfer of funds from or to such countries, territories or jurisdictions, including in any case, those countries for which the Financial Action Task Force (FATF) requires the implementation of enhanced diligence measures.

(f) Transmission of shares or units of preformed companies. For this purpose, pre-formed companies shall be defined as those constituted without real economic activity for subsequent transmission to third parties.

3. Without prejudice to the provisions of this Article, the required subjects shall determine in the internal control procedures referred to in Article 31 other situations which, in accordance with their risk analysis, require the application of enhanced due diligence.

For the determination of those higher risk assumptions, the required subjects shall take into account, among others, the following factors:

a) Client characteristics:

1. Non-resident clients in Spain.

2. Company whose ownership and control structure is not transparent or is unusual or excessively complex.

3. Company of mere holding of assets.

b) Characteristics of the operation, business relationship, or distribution channel:

1. Business relationships and operations in unusual circumstances.

2. Business relationships and operations with clients who regularly employ means of payment to the carrier.

3. Business relationships and operations executed through brokers.

Article 20. Enhanced due diligence measures.

1. In cases of higher risk than the average provided for in the preceding Article or which have been determined by the subject under his/her risk analysis, the parties shall in any event verify the activities declared by them. clients and the identity of the actual holder, as provided for in Articles 9.1 and 10.2.

Additionally, one or more of the following measures will be applied, depending on the risk:

a) Update the data obtained in the client's acceptance process.

b) Get documentation or additional information about the purpose and nature of the business relationship.

c) Get documentation or additional information about the source of the funds.

d) Get documentation or additional information about the source of the client's heritage.

e) Get documentation or information about the purpose of operations.

f) Get directive authority to set or maintain the business relationship or run the operation.

g) Track strengthened business relationship by increasing the number and frequency of applied controls and selecting pattern of operations for examination.

h) Browse and document the congruence of the business relationship or the operations with the documentation and information available on the client.

i) Browse and document the economic logic of operations.

(j) Require that payments or revenue be made in an account on behalf of the customer, opened in a credit institution domiciled in the European Union or in equivalent third countries.

k) Limit the nature or amount of the operations or the means of payment used.

2. The required subjects shall include the beneficiary of the life insurance policy as a relevant risk factor for the purpose of determining the provenance of the application of enhanced due diligence measures. In cases where the beneficiary presents a higher than average risk, the enhanced due diligence measures shall include appropriate measures to identify and verify the identity of the beneficial owner of the beneficiary on a pre-payment basis. of the provision arising out of the contract or the exercise by the taker of the rights of redemption, advance or pignoration conferred by the policy.

Article 21. Requirements in business relationships and non-face-to-face operations.

1. The obligated subjects may establish business relationships or execute operations through telephone, electronic or telematic means with clients who are not physically present, provided that one of the following is present. circumstances:

(a) The identity of the customer is accredited in accordance with the provisions of the applicable electronic signature regulations.

(b) The identity of the client is credited by copying the identity document, as provided for in Article 6, as appropriate, provided that such copy is issued by a public servant.

(c) The first income comes from an account in the name of the same customer opened in an entity domiciled in Spain, in the European Union or in equivalent third countries.

d) The identity of the customer is credited by employing other secure customer identification procedures in non-face-to-face operations, provided such procedures have been previously authorized by the customer. Executive Service of the Commission on the Prevention of Money Laundering and Monetary Violations (hereinafter the Executive Service of the Commission).

In any case, within one month of the establishment of the non-face-to-face business relationship, the obligated subjects must obtain from these clients a copy of the documents necessary to practice the due diligence. due.

2. The criteria for the accreditation of the identity of the client in relation to the subjects under the Law 13/2011, of 27 May, of regulation of the game, and in its regulations of development, will be determined in the process of granting general licences by the Directorate-General for the Management of the Game, subject to a favourable report from the Commission's Executive Service.

Article 22. Countries, territories or jurisdictions at risk.

1. The following shall be considered as a country, territory or risk jurisdiction by an obligation subject:

(a) Countries, territories or jurisdictions that do not have adequate systems for the prevention of money laundering and terrorist financing.

(b) Countries, territories or jurisdictions subject to sanctions, embargoes or similar measures approved by the European Union, the United Nations or other international organisations.

c) Countries, territories or jurisdictions that present significant levels of corruption or other criminal activities.

(d) Countries, territories or jurisdictions in which financing or support for terrorist activities is provided.

(e) Countries, territories or jurisdictions presenting a significant offshore financial sector (off-shore centres) .

f) Countries, territories or jurisdictions that have the consideration of tax havens.

2. In the determination of the countries, territories or jurisdictions at risk, the obliged subjects shall use credible sources such as the Financial Action Group's (FATF) Mutual Assessment Reports or their regional equivalents or the Reports. of other international bodies.

The Commission will publish guidance to assist subjects who are required to determine geographic risk.

CHAPTER III

Of the reporting obligations

Section 1. th Communication Obligations

Article 23. Alerts.

The internal control procedures referred to in Article 31 shall determine, on the basis of risk, appropriate alerts for typology, interveners and the level of operations. The alerts generated shall be reviewed for the purpose of determining whether the special examination of the operation is appropriate, in accordance with Article 25.

In the case of obligated subjects whose annual number of operations exceeds 10,000, the implementation of automated generation and prioritization of alerts will be required.

The alerts established in the internal control procedures shall be subject to periodic review in order to ensure their continued suitability for the characteristics and level of risk of the subject's operative.

Article 24. Operations likely to be related to money laundering or terrorist financing.

1. The provisions of the foregoing Article shall be without prejudice to the detection of risk operations by managers, employees and agents, for the purposes of which they are subject, as part of the internal control procedures to which the referred to in Article 31:

(a) They shall internally report a relationship of operations likely to be related to money laundering or terrorist financing.

b) They shall establish a channel of communication with the internal control bodies, with precise instructions to the managers, employees and agents on how to proceed in the event of detecting any event or operation that may be related to money laundering or terrorist financing.

(c) An indicative form of the minimum content to be included in the internal communication of operations.

(d) Ensure the confidentiality of the communications of risk operations carried out by employees, managers or agents.

e) Provide appropriate training, in accordance with the provisions of Article 39.

2. In the case of operations likely to be related to money laundering or terrorist financing, the following assumptions shall be included in any case:

a) When the nature or volume of the active or passive operations of the clients does not correspond to their activity or operational background.

(b) When the same account, without reason, is justified, it is paid by cash income by a large number of persons or receives multiple cash income from the same person.

(c) A plurality of transfers made by a number of orders to the same beneficiary abroad or by a single payer abroad to a number of beneficiaries in Spain, without any business relationship between the interveners.

(d) Movements with origin or destination in territories or countries at risk.

e) Transfers that do not contain the identity of the payer or the number of the transfer source account.

(f) Operative with agents which, by their nature, volume, size, geographical area or other characteristics of the operations, differ significantly from the usual or ordinary of the sector or the subject's own.

g) The types of operations to be established by the Commission. These operations shall be the subject of publication or communication to the subjects either directly or through their professional associations.

Also included are operations that, with the above characteristics, would have been attempted and not executed.

Article 25. Special examination.

1. The special examination process will be carried out in a structured way, with the analysis, the steps taken and the information sources consulted. In any case, the special examination process shall have an integral nature, having to analyze all the related operative, all the interveners in the operation and all the relevant information in the subject and, where appropriate, in the group business.

2. After the technical analysis has been completed, the representative to the Executive Service of the Commission shall, in a reasoned and without delay, take the decision as to whether or not the communication to the Executive Service of the Commission should be communicated to the Commission. an operational indication or certainty of relation to money laundering or terrorist financing.

By way of derogation from the preceding paragraph, the procedure for the internal control of the obligor may provide for the decision to be submitted, in advance, to the consideration of the internal control body. In such cases, the internal control body shall take the decision by a majority, which shall be expressly stated in the minutes, the meaning and the reasons for the vote of each of the members.

Communication decisions shall, in any case, be subject to uniform criteria, stating the reasons for the special examination file.

In those cases where the detection of the transaction leads to the internal communication of an employee, agent or manager of the entity, the final decision taken on whether or not the communication is appropriate to indicate the transaction, be brought to the attention of the communicator.

3. The obliged subjects shall keep a register in which, in chronological order, they shall be collected for each special examination file, including their opening and closing dates, the reason for which they were carried out, a description of the (a) the operative part of the examination, the conclusion reached after the examination and the reasons on which it is based The decision on whether or not the Commission's Executive Service and its date, as well as the date on which the communication was made, shall also be stated.

4. The required subjects shall keep the special examination files for a period of 10 years.

Article 26. Communication by indicia.

1. The special examination set out in the preceding Article shall be completed, and the concurrency shall be determined in the operative of indicia or certitude relating to money laundering or the financing of terrorism shall be carried out without delay. (a) Communication by an indication, in the form of support and format established by the Commission's Executive Service.

2. Without prejudice to the notification to the Executive Service of the Commission, the subject shall immediately take additional risk management and mitigation measures, which shall take into account the risk of disclosure.

3. Pursuant to Article 18.2 (f) of Law No 10/2010 of 28 April, information on the decision taken or which is likely to be adopted by the subject in respect of the continuation or continuation of the decision shall be included in the notices. interruption of the business relationship with the client or clients participating in the transaction, as well as the justification for this decision. In the event that the non-interruption of the business relationship is determined by the need not to interfere with a supervised delivery agreed in accordance with the provisions of Article 263 bis of the Law of Criminal Procedure, this shall be stated made expressly.

4. Where the subject of the obligation to appoint a representative to the Executive Service of the Commission is required to carry out a communication by way of evidence, the particulars identifying the subject shall be provided for in that communication. required, as well as the identifying and contact details of the person representing it.

Article 27. Systematic communication.

1. In any case, the obliged subjects shall report monthly to the Commission's Executive Service:

(a) transactions involving the physical movement of metallic coins, paper money, travel checks, cheques or other documents to the bearer delivered by credit institutions, with the exception of those which are the subject of credit or charge in the account of a customer, of an amount exceeding EUR 30,000 or its equivalent in foreign currency.

(b) Subject to the obligation to send money under the terms of Article 2 of Law 16/2009 of 13 November of payment services, they shall communicate to the Executive Service of the Commission carry physical movement of metallic coins, paper money, travel checks, cheques or other documents to the bearer, in excess of EUR 1,500 or their equivalent in foreign currency.

(c) Operations carried out by or with natural or legal persons who are resident, or acting on behalf of, in territories or countries that are designated by the Order of the Minister of Economy and Competitiveness, as well as the transactions involving transfers of funds to or from those territories or countries, whichever is the residence of the persons involved, provided that the amount of the said transactions exceeds EUR 30 000 or its equivalent in foreign currency.

(d) Operations involving the movement of means of payment subject to a mandatory declaration in accordance with Article 34 of Law 10/2010 of 28 April.

(e) aggregated information on the activity of money shipments, as defined in Article 2 of Law 16/2009 of 13 November, on payment services, broken down by country of origin or destination and by agent or activity centre.

(f) aggregated information on the activity of credit institutions ' transfers with or outside the credit institutions, broken down by country of origin or destination.

g) Operations to be determined by Order of the Minister of Economy and Competitiveness.

The obligated subjects shall not include in the monthly systematic communication the operations corresponding to their own investment activity or the collection of financial resources in international markets or equal activity. the nature of those customers who have the status of a financial institution authorised to operate in the European Union or equivalent third countries.

In the absence of any systematic communication, the obliged subjects shall notify the Executive Service of the Commission in a semi-annual manner.

2. The Executive Service of the Commission shall establish the criteria for determining when, for the purposes of the systematic communication obligation, several operations shall be aggregated by the consideration of split transactions in the same operation.

3. The insurance brokers referred to in Article 2.1 (b) of Law No 10/2010 of 28 April, the financial advisory firms and the obliged persons referred to in Article 2 (1) (b) shall be exempt from the systematic communication obligation. paragraphs (k) to (y), both inclusive, of Article 2.1 of the same law.

Section 2. Conservation of documents

Article 28. Preservation of due diligence documents.

1. The required persons shall keep all the documentation obtained or generated in application of the due diligence measures, including, in particular, copies of the identification documents, the customer's declarations, the documentation and information provided by the client or obtained from independent reliable sources, the contractual documentation and the results of any analysis carried out, over a period of ten years since the end of the business relationship or the execution of the occasional operation.

2. The parties shall store the copies of the formal identification documents on optical, magnetic or electronic media.

In addition, copies of the supporting documents for the performance of revenue, withdrawal or transfer of funds from an account in an entity may be stored on optical, magnetic or electronic media. credit and those who credit the order or receipt of transfers of funds made to payment institutions or currency exchange transactions.

Except for those who, with the inclusion of agents, occupy less than 10 persons and whose annual turnover or annual balance sheet does not exceed EUR 2 million, who may choose to keep copies of the identification documents. This derogation shall not apply to bound subjects integrated into a business group exceeding those figures.

Article 29. Other documentary conservation obligations.

1. The obligated subjects shall keep the documents and keep appropriate records of all business and operations, national and international, for a period of ten years from the termination of the business relationship or the execution of the occasional operation. Records shall allow the reconstruction of individual operations to enable them to provide, if necessary, evidentiary effect.

2. The documents in which the fulfilment of their communication and internal control obligations are formalised shall be retained for a period of ten years by the obliged subjects.

Article 30. Requirements of the authorities.

The documentation and information obtained or generated by the obligated subjects may be requested by the Commission, by its support bodies or by any other public authority or agent of the Judicial Police of the Bodies and Forces. State Security is legally enabled.

CHAPTER IV

Internal control measures

Section 1. Common Provisions

Article 31. Internal control procedures.

1. The obliged subjects shall approve in writing and implement appropriate policies and procedures for the prevention of money laundering and terrorist financing.

Trade brokers and bound subjects covered by Article 2.1 (i) to (u), both inclusive, which, with the inclusion of agents, occupy less than 10 persons and whose annual turnover or annual balance sheet does not exceed EUR 2 million, with the exception of the obligations referred to in this Article and Articles 32, 33, 35, 38 and 39. These exceptions shall not apply to those required to be integrated into a business group exceeding those figures.

2. The policies and procedures for the prevention of money laundering and the financing of terrorism shall be approved by the administrative body of the subject who, in the cases referred to in Article 2.1 (n) of Law 10/2010, of 28 April, will be the collegiate organizations. In the case of obliged subjects whose annual turnover exceeds EUR 50 million or whose annual balance sheet exceeds EUR 43 million, the procedures through which the policies for the prevention of money laundering are implemented capital and the financing of terrorism may be approved by the internal control body referred to in Article 35.2.

3. The thresholds laid down for the determination of the internal control measures applicable under this Section and the requirements for the preservation of documents referred to in Article 28 shall be interpreted in accordance with the provisions of this Article. criteria set out in Commission Recommendation 2003/361 of 6 May 2003 on the definition of micro, small and medium-sized enterprises.

Article 32. Risk analysis.

1. Internal control procedures shall be based on a prior risk analysis which shall be documented by the obligor.

The analysis will identify and assess the risks of the subject by types of customers, countries or geographical areas, products, services, operations and distribution channels, taking into account variables such as the purpose of the business relationship, the level of client assets, the volume of transactions and the regularity or duration of the business relationship.

2. The risk analysis shall be reviewed at regular intervals and, in any case, when a significant change is verified that could influence the risk profile of the subject. In addition, it will be necessary to carry out and document a specific risk analysis prior to the launch of a new product, the provision of a new service, the use of a new distribution channel or the use of a new technology by the obliged subject, appropriate measures should be applied to manage and mitigate the risks identified in the analysis.

Article 33. Prevention manual.

1. The internal control procedures to be established by the required subjects shall be documented in a manual for the prevention of money laundering and terrorist financing, which shall include at least the following aspects:

(a) The subject's customer intake policy, with a precise description of the clients potentially posing a higher than average risk by regulatory provision or because of the breakdown of the analysis risk, and the measures to be taken to mitigate it, including, where appropriate, the refusal to establish business relationships or to execute transactions or the termination of the business relationship.

(b) A structured due diligence procedure which shall include the periodic update of the required documentation and information. The update will, in any case, be mandatory when a relevant change in the customer's activity that could influence his risk profile is verified.

(c) A structured procedure for the application of the due diligence measures to existing customers on the basis of the risk that will take into account, where appropriate, the measures previously applied and the adequacy of the data obtained.

(d) A relationship of facts or operations which, by their nature, may be related to money laundering or terrorist financing, establishing their periodic review and dissemination among managers, employees and agents of the subject.

e) A detailed description of the internal flows of information, with precise instructions to the managers, employees and agents of the subject who are obliged to proceed in relation to the facts or operations which, by their nature, may be related to money laundering or terrorist financing.

f) A procedure for the detection of facts or operations subject to special examination, with a description of the tools or computer applications implemented and the alerts established.

g) A structured special examination procedure that will accurately specify the stages of the analysis process and the sources of information to be used, formalising the outcome of the examination and the decisions in writing adopted.

h) A detailed description of the functioning of the internal control bodies, including the composition, competence and periodicity of their meetings.

(i) Measures to ensure the knowledge of internal control procedures by the managers, employees and agents of the subject, including their regular dissemination and the carrying out of training activities; compliance with an annual plan.

j) The measures to be taken to verify compliance with internal control procedures by the officers, employees and agents of the subject.

k) The requirements and criteria for the recruitment of agents, which shall be in accordance with Article 37.2.

(l) The measures to be taken to ensure that the correspondents of the subject have appropriate procedures for the prevention of money laundering and the financing of terrorism.

m) A procedure for periodic verification of the adequacy and effectiveness of the internal control measures. This verification function shall be the responsibility of the required subjects with an internal audit department.

n) The periodic update of the internal control measures, in the light of the developments observed in the sector and the analysis of the business profile and the operative of the subject.

n) A document preservation procedure that ensures proper management and immediate availability.

2. The required subjects shall carry out periodic verification and updating of the manual in the terms of paragraphs (m) and (n) of the preceding paragraph. The Executive Service of the Commission may supervise or inspect the effective implementation of the internal control measures provided for in the manual, in accordance with the provisions of Article 47 of Law 10/2010 of 28 April.

Article 34. Adequacy of internal control procedures.

Internal control procedures must allow the subject to be bound:

a) Centralize, manage, control, and efficiently store the documentation and information of the clients and the operations that are performed.

b) Verify the effective implementation of the planned controls and reinforce them if necessary.

c) Adopt and implement enhanced measures to manage and mitigate the highest risks.

d) Add the operations performed to detect potential fractionations and connected operations.

e) To determine, on a prior basis, whether the customer's professional or business activity knowledge and verification is appropriate.

f) Detect changes in the operational behavior of clients or inconsistencies with their risk profile.

g) Prevent the execution of operations when the required client or operation data is not complete.

h) Prevent the execution of operations by persons or entities subject to an operating ban.

i) Select for your analysis operations based on default alerts and appropriate to your activity.

j) Maintain direct communication from the internal control body to the commercial network.

k) To quickly, safely and effectively support the documentation and information requirements of the Commission, its support bodies or any other legally empowered public authority.

l) Meet the systematic communication of operations to the Commission's Executive Service or, where appropriate, the negative half-yearly communication.

Article 35. Internal control bodies.

1. The obliged subjects shall appoint a representative to the Executive Service of the Commission, which shall be responsible for the fulfilment of the reporting obligations laid down in Law 10/2010 of 28 April. The representative may also designate up to two authorised persons acting under the direction and responsibility of the representative to the Executive Service of the Commission.

The proposal for the appointment of the representative and, where appropriate, of the authorised representative, accompanied by a detailed description of his career, shall be communicated to the Executive Service of the Commission which may, in a reasoned opinion, formulate any objections or comments. The Executive Service of the Commission shall also be notified of the termination or replacement of the authorised representative or persons when it is disciplinary.

2. The obliged subjects shall establish an internal control body responsible for the implementation of the procedures for the prevention of money laundering and terrorist financing.

The establishment of an internal control body shall not be required in the subjects required under Article 2.1 (i) and following and in the trade corridors where, with the inclusion of the agents, they occupy less than 50 persons. persons whose annual turnover or annual balance sheet does not exceed EUR 10 million, in such cases the representative of the Commission's Executive Service shall perform his duties. This derogation shall not apply to bound subjects integrated into a business group exceeding those figures.

3. The required subjects, whose annual turnover exceeds EUR 50 million or whose annual balance sheet exceeds EUR 43 million, shall have a technical unit for the processing and analysis of the information.

The technical unit must have dedicated staff, dedicated exclusively and with appropriate training in the field of analysis.

Article 36. Internal control measures at the group level.

1. Subject to the obligation of a business group to include subsidiaries or branches which are predominantly engaged in third countries, they shall adopt policies for the prevention of money laundering and terrorist financing. applicable to the whole group, in order to comply with the provisions of Article 31.1 of Law 10/2010 of 28 April.

In these policies, the procedures for the transmission of information among the members of the group will be included in any case, establishing appropriate channels in relation to the use of the transmitted information. Where the exchange of information is made with countries which do not offer an adequate level of protection in accordance with the provisions of the data protection rules, the authorisation of the international transfer of data shall be required. part of the Spanish Data Protection Agency, in the terms established in Organic Law 15/1999, of December 13, and its implementing regulations.

2. The internal control procedures shall be established at the group level and shall apply to all branches and subsidiaries domiciled in Spain with majority participation of the subject.

Group-level internal control procedures should take into account the different sectors of activity, business models and risk profiles and provide for the exchange of information needed for management Integrated risk. In particular, the internal control bodies of the group shall have access, without any restriction, to any information obtained in the subsidiaries or branches that is necessary for the performance of their functions for the prevention of money laundering. and the financing of terrorism.

3. For the purposes of the Regulation, the definition of a group as set out in Article 42 of the Trade Code is applicable.

For the application to the business group of the thresholds provided for in the exceptions of Articles 31 et seq., only those subsidiaries or branches of the group that have the consideration of subject to Article 2.1 of Law 10/2010 of 28 April.

Article 37. Internal application control measures to agents.

1. The parties shall, without prejudice to their direct responsibility, ensure that their agents are effectively complying with the obligations to prevent money laundering and terrorist financing.

For these purposes, the required subjects shall include the agents in the field of application of their internal control procedures. Those procedures shall provide, in particular, for specific monitoring and control mechanisms for the activities of the actors which will be adapted to the existing level of risk according to the specific characteristics of the agency relationship.

In cases where the subject who is required to determine that an agent has consistently or systematically failed to comply with the internal control procedures, he must terminate the agency contract by proceeding to examine the operative of the an agent in accordance with the provisions of Article 17 of Law 10/2010 of 28 April.

2. The internal control procedures shall establish specific mechanisms to ensure the application of high ethical standards in the procurement of agents.

The operation of the new agents will be the subject of reinforced monitoring by the obliged subject.

3. The obliged subjects shall keep at the disposal of the Commission, their support bodies or any other public authority legally entitled to a full and up-to-date relationship with their staff, which shall include all the information necessary for their appropriate identification and location.

4. The provisions of this Article shall also apply to non-resident persons or entities who develop in Spain, through agents, activities subject to the obligations of the prevention of money laundering and the financing of the terrorism.

Article 38. External examination.

1. The external expert reports shall describe and assess the internal control measures of the subjects required by a reference date in accordance with the provisions of Article 28 of Law 10/2010 of 28 April.

Reports must be issued, in any case, within two months of the reference date.

2. The administrative bodies of the subject shall without delay take the necessary measures to address the deficiencies identified in the external expert reports.

In the case of deficiencies that are not subject to immediate resolution, the administrative organs of the subject shall expressly adopt a remedy plan, which shall establish a precise timetable for the implementation of the the corrective measures. Such a calendar may not exceed, in general, a calendar year.

3. The external examination shall include all branches and subsidiaries with majority participation of the subject. In relation to branches and subsidiaries located in third countries, the expert shall specifically verify the effective compliance with the provisions of Article 31 of Law 10/2010 of 28 April.

4. In the case of centralised prevention bodies referred to in Article 27 of Law 10/2010 of 28 April 2010, the external expert shall describe and assess the operation and adequacy of its human, material and technical means.

The external expert will also check, by means of statistical sampling, the effective implementation of measures to prevent money laundering and the financing of terrorism by professionals incorporated in the centralized prevention organ.

Article 39. Training.

1. An annual training plan for the prevention of money laundering and the financing of terrorism shall be adopted by the obliged subjects.

2. The training plan shall be based on the identified risks, in accordance with Article 32, and shall provide for specific training actions for the managers, employees and agents of the subject. Such training actions, which shall be appropriately accredited, shall be consistent with the degree of responsibility of the recipients and the level of risk of the activities they develop.

3. Annually, the required subjects will document the degree of compliance with the training plan.

The external examination referred to in Article 38 shall assess the adequacy of the training actions carried out by the subject.

4. The persons who are bound for whom the approval of an annual training plan is not required must prove that the representative to the Executive Service of the Commission has received appropriate external training for the exercise of their duties. functions.

Article 40. High ethical standards in hiring employees, managers and agents.

1. The procedures of the obliged subjects must guarantee high ethical standards in the hiring of managers, employees or agents in accordance with the provisions of Article 30.2 of Law 10/2010 of 28 April. For these purposes, the eligibility criteria laid down by the sectoral rules applicable to them shall apply to these groups.

2. In the absence of specific regulations, for the determination of the concurrency of high ethical standards in managers, employees or agents of the subject, it will take into consideration its professional trajectory, valuing the observance and respect to commercial or other laws governing the economic activity and the life of business, as well as the good practices of the sector of activity in question.

3. High ethical standards shall not be considered to be present when the employee, manager or agent:

(a) Count with a criminal record that is not canceled or liable to be canceled for crimes against the property, and against the socioeconomic order, against the Public Finance and Social Security, crimes against the Public administration and falsehoods.

b) He has been sanctioned by a firm administrative decision with the suspension or separation of the charge for violation of Law 10/2010 of 28 April. This circumstance will be appreciated for as long as the penalty is prolonged.

Section 2. Special Provisions

Article 41. Measures of internal control of implementation by the national administrator of the Register of allowances provided for in Law 1/2005 of 9 March, regulating the regime of trade in greenhouse gas emission rights.

1. The national administrator of the Register of allowances provided for in Law 1/2005 of 9 March, which regulates the greenhouse gas emissions trading scheme, will appoint a representative to the Service. Executive of the Commission, which will be responsible for the fulfilment of the communication obligations set out in Law 10/2010 of 28 April.

The representative to the Executive Service of the Commission shall receive appropriate external training for the performance of his/her duties.

2. The national administrator of the Register of allowances provided for in Law 1/2005 of 9 March, which regulates the greenhouse gas emissions trading scheme, will approve a manual of procedures where it will be include:

(a) The policy of admission of customers, developed in accordance with the restrictions laid down in Regulation (EU) No 389/2013 of the Commission of 2 May 2013 of the European Parliament and of the Council establishing a European Parliament and of the Council the Union Registry in accordance with Directive 2003 /87/EC of the European Parliament and of the Council and Decisions No 280 /2004/EC and No 406 /2009/EC of the European Parliament and of the Council repealing Council Regulations (EU) No 920/2010 and (EU) No 920/2010 1193/2011, of the Commission.

(b) A relationship of facts or transactions that, by their nature, may be related to money laundering or terrorist financing, by establishing their periodic review.

c) A procedure for the detection of facts or operations subject to special examination, with a description of the tools or computer applications implemented and the alerts established.

d) A structured special examination procedure which will accurately specify the stages of the analysis process and the sources of information to be used, formalising the outcome of the examination and the decisions in writing. adopted.

Article 42. Foundations and partnerships.

1. Foundations and associations shall identify and verify the identity of all persons who receive funds or resources for free. Where the nature of the project or activity makes identification individualised or where the activity carried out leads to a low risk of money laundering or terrorist financing, the identification of the collective of beneficiaries and of the counterparts or collaborators in that project or activity.

2. Foundations and associations shall identify and verify the identity of all persons providing for free title funds or resources of an amount equal to or greater than EUR 100.

3. Without prejudice to the provisions of Article 39 of Law 10/2010 of 28 April 2010, and of the obligations applicable to them in accordance with their specific rules, foundations and associations shall apply the following measures:

a) Implement procedures to ensure the suitability of the members of the governing bodies and other positions of responsibility of the entity.

b) Apply procedures to ensure the knowledge of their counterparts, including their appropriate career path and the good repute of the persons responsible for their management.

(c) Apply appropriate systems, depending on the risk, to monitor the effective implementation of their activities and the implementation of the funds as planned.

(d) Keep for a period of ten years the documents or records that demonstrate the application of the funds in the different projects.

(e) To inform the Executive Service of the Commission of the facts which may constitute evidence of money laundering or terrorist financing.

f) Collaborate with the Commission and its support bodies in accordance with the provisions of Article 21 of Law 10/2010 of 28 April.

4. Public administrations or their dependent bodies which grant grants to associations and foundations, as well as the Protectorates and the bodies responsible for verifying the formation of associations referred to in Article 39 Law 10/2010 of 28 April 2010 shall communicate to the Executive Service of the Commission those situations which they detect in the exercise of their powers and which may be related to money laundering or terrorist financing. Those bodies shall inform the Secretariat of the Commission accordingly when they detect breaches of the obligations laid down in Article 39 of Law 10/2010 of 28 April 2010 or of the provisions of this Article.

Article 43. Internal control measures for application to the payment of prizes in lotteries or other games of chance.

1. An obligation to manage, operate or market lotteries or other gambling shall establish appropriate internal control procedures in relation to the payment of awards, which shall in any event provide for:

a) A procedure manual where it will include at least:

1. The identification of the prize winners for an amount equal to or greater than 2,500 euros, without prejudice to what, for the purposes of the identification of players, has Law 13/2011, of 27 May, of regulation of the game, and in its Development rules and equivalent regulations of the Autonomous Communities.

2. A relationship of risk operations, paying particular attention to the repetitive collection of prizes.

3. A procedure for the detection of facts or operations subject to special examination, with a description of the tools or computer applications implemented and the alerts established.

4. A structured special examination procedure that will accurately specify the phases of the analysis process and the sources of information to be used, formalizing the outcome of the examination and the decisions in writing. adopted.

(b) The appointment of a representative to the Executive Service of the Commission.

c) An annual employee training action plan.

2. The established internal control measures shall be the subject of an external examination in accordance with Article 38.

Article 44. Centralised prevention of mandatory incorporation bodies.

1. The required subjects referred to in Article 2.1.n) of Law 10/2010 shall be incorporated into the centralised prevention bodies established by their national collective organisations.

2. The centralised prevention bodies referred to in this Article shall perform the following tasks:

(a) Examine, on behalf of the officials incorporated, the operations which present the circumstances provided for in Article 17 of Law 10/2010 of 28 April. The examination may be carried out at the request of the official incorporated or as a result of the analysis of indices or databases by the centralised prevention body. In any event, the officials shall be required to inform the centralised prevention authority as soon as they are aware of any event or operation, irrespective of their size, which may, by its nature, be be related to money laundering or terrorist financing.

b) Communicate, in the name and on behalf of the officials incorporated, the operations referred to in Article 18 of Law 10/2010 of 28 April. The communication shall be made directly by the representative of the centralised body before the Executive Service of the Commission, informing the intervener. Exceptionally, the centralised prevention authority may refrain from informing the intervener when it is requested by the Executive Service of the Commission or when it considers that the investigation may be put at risk.

c) Obtain information about the actual ownership of the acts in which the incorporated officials are involved.

(d) Approve the procedures for the effective application of the prohibitions on operating, blocking or other restrictions or financial penalties established by Community or national law rules.

e) Understanding the documentation and information requirements of the Commission, its support bodies, or any other public authority or agents of the Judicial Police of the State Security Corps and Forces enabled.

f) Carry out risk analysis of the activity developed by the collegiate officials, depending on the types of interveners, geographical areas and operations and regularly update them.

g) Inform incorporated officials about typologies and risk operations.

h) Approve the internal control measures to be applied by the incorporated officials, which will have to be ratified by the highest decision-making body of their respective national collegial organization.

i) Monitor the compliance of the internal control procedures by the collegiate officials. For these purposes, the highest decision-making body of its national collegial organisation shall approve the guidelines, frequency and content of the inspections or specific actions for verification which the centralised body shall carry out coordinated with the rest of the ordinary supervisory and control actions developed in accordance with its regulatory standards. In any case, the specific results of the supervision shall be transferred to the Executive Service of the Commission.

j) Develop training actions of the incorporated officials and their staff. These actions shall be the subject of an annual plan, in accordance with Article 39.

(k) Approve measures for correcting information recorded by officials in the databases from which the information is transferred to the Commission's support bodies by the centralised body of the Commission. prevention, which will be ratified by the national collegial organisation.

3. Centralised bodies may require the officials to incorporate any information or documentation necessary for the development of their functions.

In the exercise of their examination and communication functions, the centralized prevention organs will act with full technical autonomy, not being able to obtain or receive instructions, general or specific, from the organs of the the collegial organisation to which they are attached.

4. The collective organisations shall ensure that the centralised prevention bodies have the human, material and technical means necessary for the proper performance of their duties.

The Executive Service of the Commission, without prejudice to its direct powers of supervision and inspection of officials, may verify the adequacy of the internal control measures of the centralised bodies of the prevention, as well as the suitability of the means attributed to them.

5. Against the decisions of the centralised prevention bodies in respect of internal control procedures, the officials of the Commission shall be able to attend the proceedings before the President of the Commission, whose resolutions shall end the procedure. administrative.

6. Without prejudice to the provisions of Article 32.4 of Law 10/2010, the centralised prevention bodies referred to in this Article shall be responsible for the treatments they carry out on their own initiative or for a request from the Commission or its supporting bodies, or from any other legally empowered public authority, for the purpose of preventing money laundering and the financing of terrorism.

They shall also be responsible for the treatments carried out in the framework of their risk analysis and supervisory functions as set out in the rules on the prevention of money laundering and the financing of terrorism, as well as those resulting directly from the access and processing of the information contained in the files of which the bodies themselves were responsible, both in the context of due diligence and in the case of special examination and information provided for in the rules on the prevention of money laundering.

In the cases referred to in the previous paragraph, the activities of the centralised prevention bodies shall not apply to the provisions of Article 12 of the Organic Law 15/1999 of 13 December.

CHAPTER V

Other Provisions

Section 1. Payment Means

Article 45. Intervention of the means of payment.

1. The omission of the declaration, where it is mandatory in accordance with Article 34 of Law 10/2010, of 28 April, or the lack of veracity of the declared data, provided that it can be estimated as particularly relevant, will determine the intervention by customs or law enforcement officials of all the means of payment found, with the exception of the minimum survival that can be determined by Order of the Minister for Economic Affairs and Competitiveness.

The intervention will also proceed when rational doubts about the veracity of the data recorded in the declaration are present.

The means of payment will be entered in the same currency or currency in the accounts opened with the Bank of Spain in the name of the Commission.

The act of intervention, which shall be immediately transferred to the Executive Service of the Commission for investigation and to the Secretariat of the Commission for the opening, where appropriate, of the corresponding sanctioning procedure, it must expressly indicate whether the means of payment intervened were found in place or situation which would be intended to hide them. The act of intervention shall be of evidentiary value, without prejudice to evidence which may be provided by the parties concerned in defence of their rights or interests.

2. Intervention shall also take place where, however, the movement has been declared or the declaration threshold is not exceeded, there are indications or certainty that the means of payment are related to money laundering or the financing of the terrorism, the means of payment being entered into the corresponding Deposit Accounts and Judicial Consignations.

The intervention act shall be immediately transferred to the Executive Service of the Commission and to the judicial bodies responsible for its investigation.

When in the course of a judicial procedure the obligation to declare a declaration established in Article 34 of Law 10/2010, of 28 April, the court or tribunal has been found to be non-compliant, the court or tribunal shall communicate it to the Secretariat of the Commission, making available to the media not subject to criminal liability, proceeding as provided for in the preceding paragraph.

3. In cases where the intervention of the means of payment is not appropriate, the customs or police officers acting shall carry out information measures when they consider that the information may be of tax or police relevance. Such proceedings shall also be referred to the Executive Service of the Commission.

Article 46. Postal shipment.

Payment statements made when they correspond to prohibited shipments in postal regulations will not be valid.

Without prejudice to the prohibitions established, the intervention of the means of payment found in postal consignments shall be carried out in the cases and in the terms set out in Article 45.

Section 2. International financial countermeasures and countermeasures

Article 47. Authorization of funds transfers.

1. Without prejudice to the agreement of the Council of Ministers for the adoption of financial countermeasures approved in the exercise of the power conferred by Article 42.1 of Law 10/2010 of 28 April, or the regulation of the European Union of application, in the case of financial flows subject to authorisation, the application shall be made by the financial institution issuing or receiving the transfer of funds to be authorised. The application for authorisation shall include, in any case, the information relating to the payer, the beneficiary, the financial institutions involved in the transaction and the concept of the transaction.

2. The competition to authorize transfers of funds subject to counter-measures shall be the responsibility of the General Secretariat of the Treasury and Financial Policy through the General Subdirection of Inspection and Control of Capital Movements.

3. Authorisation shall be refused where there are measures to freeze funds agreed against any of the persons or entities involved in the transfer or where the object of the transfer is in breach of the prohibitions laid down in the agreement of the Council of Ministers or Regulation of the European Union of implementation.

4. Decisions of the General Subdirectorate for Inspection and Control of Capital Movements may be brought before the Secretary-General of the Treasury and Financial Policy, whose resolutions shall end the administrative.

5. The authorisation procedure shall be settled and notified within six months of the application and shall be dealt with in accordance with the provisions of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Article 48. Freezing or freezing of funds or economic resources.

1. All funds and economic resources belonging to, owned, controlled or held by persons, entities or bodies in respect of which a regulation of the European Union or an agreement of the Council of Ministers is established shall be frozen or blocked. this restrictive measure.

2. The General Secretariat of the Treasury and Financial Policy shall be the competent authority in Spain for the implementation of the freezing or freezing of funds and economic resources under the terms provided for in this Regulation.

3. Once the regulation of the European Union is in force or the agreement of the Council of Ministers establishing the measure of freezing or blocking of funds or economic resources against a person, agency or entity is effective, such measure of freezing shall be carried out immediately by any natural or legal person. The freezing or blocking shall be immediately communicated, in writing, to the General Secretariat of the Treasury and Financial Policy, including in the communication all data relating to the holder, the amount and nature of the funds or resources economic that would have been frozen or blocked and other concurrent circumstances.

Article 49. Release of frozen or frozen funds or economic resources.

1. The General Secretariat of the Treasury and Financial Policy, through the General Secretariat for the Inspection and Control of Capital Movements, may authorize the release of certain funds or economic resources, frozen or frozen, when the conditions laid down in the Regulation of the European Union or in the agreement of the Council of Ministers which are applicable shall be verified.

2. The application for the defrosting or unfreezing of funds or economic resources shall be made, at the request of the holder of the frozen or frozen funds or economic resources, by the deposit institution of those funds or economic resources, who shall send it in writing to the competent authority.

3. The application shall contain the rules which are deemed to apply and the circumstances justifying the application shall be laid down. The application shall also be accompanied by an authentic copy of all documents relevant to its resolution.

4. The procedure for the release of frozen or frozen funds or economic resources shall be processed in accordance with the provisions of Law No 30/1992 of 26 November, and the resolution shall be notified within the maximum period of six months from the date of request.

5. Decisions of the General Subdirectorate for Inspection and Control of Capital Movements may be brought before the Secretary-General of the Treasury and Financial Policy, whose resolutions shall end the administrative.

Section 3. Financial entitlements file

Article 50. Nature and purpose of the Financial Entitlement File.

1. The Financial Entitlement File is an administrative file created with the aim of preventing and preventing money laundering and terrorist financing.

2. The Secretariat of State for Economic Affairs and Support shall be responsible for the Financial Entitlements File, acting as the Executive Service of the Commission as the controller of the treatment on behalf of the Company.

Article 51. Statement by credit institutions.

1. Credit institutions, through their representative to the Commission's Executive Service, shall declare to that Service the opening or cancellation of any current accounts, savings accounts, securities accounts or time deposits, with independence of its trade name. Statements shall not include the accounts and deposits of branches or subsidiaries of Spanish credit institutions abroad.

The declaration shall contain, in any event, the identifying data of the holders, actual holders, if any, representatives or authorised persons, as well as any other persons with powers of provision, the date of opening or cancellation, and the type of account or deposit. Identifying data shall be the name or social name and the type and number of identification document. By instruction of the Secretary of State for Economic Affairs and Support to the Company, prior to the report of the Spanish Data Protection Agency, other identification data may be determined which must also be declared at the end of the appropriate period. identification of interveners, accounts and deposits.

2. The statement shall be made on a monthly basis, under the support and format determined by the Executive Service of the Commission, and shall include information relating to openings, cancellations and modifications of accounts and deposits and changes in the data of interveners, recorded in the calendar month immediately preceding it. The submission of the declaration shall be made within the first seven working days of the following calendar month.

3. Reporting credit institutions shall be responsible for the quality, integrity and veracity of the data declared, applying the necessary validation procedures at source.

In case of warnings or errors, the Executive Service of the Commission, without prejudice to the liability, shall require the reporting credit institutions to proceed within the maximum period of ten working days to the remission of the mandatory data omitted or the purging of the declared erroneous data. Also, reporting entities that detect errors in the information sent shall rectify the data in error by the procedure to be determined by the Commission's Executive Service.

4. The declaration shall be without prejudice to the fulfilment by the credit institutions of the other obligations for the prevention of money laundering and the financing of terrorism, and in particular of communication by means of provided for in Article 18 of Law 10/2010 of 28 April.

Article 52. Queries and accesses to the Financial Entitlements File.

1. The Commission's Executive Service, in charge of processing, shall establish the technical procedures for consulting the Financial Entitlements File. The accesses and consultations carried out and the results obtained shall be carried out by means of telematics.

The data requests from the Financial Entitlements File will necessarily be made through the unique access points designated for this purpose in the General Council of the Judicial Branch, in the Ministry of Public Prosecutor, in the State Security Forces and Corps, at the National Intelligence Center and the State Tax Administration Agency.

Each body, through its single access point, shall verify the identity of the requesting authority or official, verify its legal enablement to make the request for access and shall ensure the relevance of the applications, which must be adequately motivated and shall be left under the responsibility of the requesting authority or official.

At each single point of access, a detailed record of the requests made shall be kept, in which case the requesting authority or official shall appear in any case and the justification for the request, where appropriate, the identity of the Judicial or Fiscal Authority that has agreed or authorised the collection of data, as well as the procedure in which the corresponding resolution has fallen.

Data requests from the Financial Entitlements File must identify the person, person or account number for which information requires, not qualifying for open, generic or per-person searches. approximation. With the instruction of the Secretary of State for Economic Affairs and Support to the Company, prior to the report of the Spanish Data Protection Agency, the minimum requirements for information to be met will be determined.

2. Without prejudice to the information which, at the request of the authorities empowered through its unique access points, issues with respect to the data in the Financial Entitlements File, the Executive Service of the Commission may Also consult the data of the Financial Entitlements File in the exercise of its functions. Data from the Financial Entitlement File incorporated in intelligence reports shall also be subject to the provisions of Article 46 of Law 10/2010 of 28 April.

3. The Executive Service of the Commission shall keep a record of the consultations and accesses carried out in the exercise of its functions and the unique points of access.

Article 53. Data protection.

1. The Financial Entitlement File will be subject to the provisions of the Organic Law 15/1999, of December 13, and its implementing regulations.

High-level security measures that are established in personal data protection regulations will be applicable to the Financial Entitlement File.

The provisions of Article 32.2 and 3 of Law 10/2010 of 28 April shall apply to the Financial Entitlements File. However, credit institutions shall inform the holders, representatives and authorised persons of the transfer of the data to the File.

2. The data on accounts and deposits declared to the Financial Entitlements File will be removed after ten years from the cancellation of the current account, savings account, securities account or time deposit. Data relating to interveners shall be deleted after ten years after the cancellation of the account or deposit, or since the date of the cancellation of the account or deposit as holders, proxies or representatives.

3. The Spanish Data Protection Agency shall exercise all the powers conferred on it by the rules on the protection of personal data and, in particular, the power of inspection. provided for in Article 40 of Organic Law 15/1999 of 13 December.

Article 54. Content of the role of the Prosecutor's Office.

1. The Attorney General of the State shall designate, in accordance with the provisions of Article 43.4 of Law 10/2010, of April 28, the member of the Fiscal Ministry responsible for ensuring the proper use of the Financial Entitlements File. The designation shall be communicated to the Fiscal Board.

2. The functions of the Fiscal Ministry shall be to authorize the relation of single points of access to whom the Executive Service of the Commission will enable its connection to the system and verify that the queries or accesses to the File of Entitlements Financial institutions have been carried out by the authorities or authorized officials and for the purposes set out in Article 43 of Law 10/2010 of 28 April. This verification will be performed in the form provided for in the following articles.

Article 55. Verification of the regularity of the consultations and accesses by the Fiscal Ministry.

1. The Executive Service of the Commission shall keep the register of consultations and access provided for in Article 52.3 on a permanent basis. Without prejudice to this, where for any reason the Commission's Executive Service was aware that there has been an irregular consultation or access to the Financial Entitlements File or an access is requested outside the intended course in the preceding paragraphs, it shall transfer the Prosecutor or, where appropriate, to the relevant single point.

2. The Prosecutor may perform the audit of access to the Financial Entitlements File when deemed necessary for the control of the appropriate use of the file, for which the purpose will have immediate access to the detailed registry of accesses that must to be kept at each access point as set out in Article 52.1. In addition, access points should provide the Prosecutor with information and documentation at his request, either through the Commission's Executive Service, to carry out the access audit. In any event, the Commission's Executive Service shall send the Prosecutor the list of access to the Prosecutor's Office semi-annually.

3. The functions and controls laid down in this Article shall be without prejudice to the fact that the information is also available to the competent authority in the field of data protection for the exercise of the powers conferred on it. attributes of the Organic Law 15/1999 of 13 December or other specific rules of application in the field of data protection.

Article 56. Initiation of previous performances.

1. If, in the light of the information submitted by the Executive Service of the Commission, the Prosecutor considers that there are indications of consultation or irregular access to the File of Financial Entitlements, it will initiate previous actions that will not be able to exceed the deadline of one year.

2. The Prosecutor may also initiate previous proceedings when, by any other means, he or she has knowledge that an irregular consultation or access to the Financial Entitlement File has occurred.

3. The preliminary action shall be designed to determine, as precisely as possible, the facts which may justify the opening of a disciplinary procedure by way of consultation or irregular access to the file, and to identify the person who could be responsible and set the relevant circumstances that might be present in the case.

4. In the processing of the previous actions, the Prosecutor may require the assistance specified by the Executive Service of the Commission, as well as requiring full justification of the reasons for any consultation or access to any of the authorities or officials who have obtained data from the Financial Entitlements File. For the same purpose, it may be addressed to any body in whose power it provides information concerning the inquiry or access under investigation to provide it.

Article 57. Result of previous performances.

1. If the prior action proves that the inquiry or access investigated has been irregular, the Prosecutor shall transmit a copy of the act to the body to which the appropriate disciplinary procedure begins, unless the facts are (a) a criminal offence, in which case it shall refer the offence to the competent prosecutor's office or court. In the event that the existence of an infringement of Organic Law 15/1999, of December 13, is appreciated, the facts will be immediately brought to the attention of the Spanish Data Protection Agency or the data protection authority that is competent.

2. The body responsible for requiring disciplinary responsibility to the subject responsible for the consultation or irregular access must initiate the appropriate disciplinary procedure, notifying the decision to terminate the procedure to the Prosecutor, who may be brought against the same contentious appeal.

3. If the previous actions resulted in the consultation or access being regular, the Prosecutor will file the same.

Section 4. Sanctions

Article 58. Enforcement of sanctions.

1. The implementation of the final penalty decisions shall be the responsibility of the Secretariat of the Commission.

2. The collection of pecuniary sanctions shall be the responsibility of the voluntary period of the Economy and Finance Delegations and the State Tax Administration Agency in the executive period.

3. The sanction of public admonition, once it is signed in administrative way, will be executed in the form that is established in the resolution. In any case, it will be published in the "Official State Gazette" and on the Commission's website, the Commission's Executive Service and the General Secretariat of the Treasury and Financial Policy.

Article 59. Enforcement of penalties for failure to comply with the obligation to declare as provided for in Article 34 of Law 10/2010 of 28 April.

In the case of proceedings for failure to comply with the declaration obligation laid down in Article 34 of Law 10/2010 of 28 April, the fine shall be made effective in the quantities which, if any, would have been constituted as collateral in accordance with Article 61.2 of Law 10/2010 of 28 April. Where the amount of the penalty cannot be fully satisfied by the guarantee provided for this purpose, it shall be carried out in accordance with Article 58.2 of this Regulation.

Section 5. Data Protection

Article 60. Use of data and level of safety in personal treatments.

1. The data collected by the subjects required to comply with due diligence obligations laid down in Law 10/2010 of 28 April and this regulation may not be used for purposes other than those related to the prevention of money laundering and the financing of terrorism without the consent of the person concerned, unless the processing of such data is necessary for the ordinary management of the business relationship.

2. The required subjects shall apply high level security measures to the treatments carried out for the fulfilment of the communication obligations referred to in Chapter III of this Regulation.

3. Treatments performed in the performance of the duty of due diligence shall be required for the level of safety corresponding to the requirements of the current rules for the protection of personal data.

Article 61. Common files for the fulfilment of the prevention obligations.

1. In accordance with Article 33.1 of Law 10/2010 of 28 April, when extraordinary risks are identified by the analysis referred to in Article 65.1.e), the Commission, after obtaining the assent of the Spanish Agency, Data Protection may authorize the exchange of information on certain categories of operations or clients.

2. In accordance with the provisions of Article 33.2 of Law 10/2010 of 28 April 2010, where the operations which have been the subject of a notification to the Executive Service of the Commission and subsequent rejection by the subject, by their The Commission, after obtaining the assent of the Spanish Data Protection Agency, may authorise the subjects to be established either in the same way or in the same way as another bound subject. directly or through the associations to which they belong, of common files for the exchange of this information.

Such systems must meet at least the following requirements:

(a) Only information relating to operations which have previously been the subject of communication by an indication to the Commission's Executive Service may be incorporated into the file without its return to the file last, when, once they were rejected by the obliged subject, such operations would be liable to be attempted before other obliged subjects.

(b) The processing of the data contained in the file may only be carried out in order to prevent or prevent operations related to money laundering or terrorist financing. In particular, the data contained in the file may not be incorporated into other fraud detection and prevention systems that are not related to the materials indicated.

(c) Access to the data contained in the files shall be limited to those subject to whom the information referred to may be repeated.

(d) Only the internal control bodies referred to in Article 35 of this Regulation may have access to the file.

In any case, the exemptions and obligations referred to in Article 33.5 of Law 10/2010 of 28 April will apply to these files.

CHAPTER VI

From the institutional organization

Article 62. Commission for the Prevention of Money Laundering and Monetary Violations.

1. The Commission is the body responsible for the determination of national policies for the prevention of money laundering and terrorist financing, and shall exercise the functions conferred on it by Article 4 (2) of Law 10/2010 of 28 May 2010. April.

These policies, which will be regularly updated, will be consistent with the identified risks of money laundering and terrorist financing.

2. The Commission shall act in plenary and through the Standing Committee and the Financial Intelligence Committee.

The plenary session of the Commission and its committees shall be validly understood, with the presence of the President, the Secretary and at least half of its members, at first call; and, on the second call, with the presence of the of a third of its members, including President and Secretary.

3. The Commission and its Committees shall meet in general twice a year, without prejudice to the possible convening of additional meetings where they are coming.

Exceptionally, for reasons of urgency, the Commission may adopt its decisions by written procedure. The Secretary shall, at the order of the President, address a letter to the members so that, within a period of not less than seven days, they shall express their agreement or disagreement with the proposed agreement under consideration.

4. Without prejudice to the peculiarities provided for in this Regulation, the Commission shall be governed by the provisions of Chapter II, Title II of Law No 30/1992 of 26 November.

Article 63. Plenary session of the Commission.

1. The Commission's plenary session shall be composed of the following members:

(a) The Secretary of State for Economic Affairs and Support, who will hold the Presidency.

b) The Secretary General of the Treasury and Financial Policy.

c) The Prosecutor of the Chief Room of the Anti-Drug Prosecutor's Office.

d) The Prosecutor of the Chief Room of the Prosecutor's Office against Corruption and Organized Crime.

e) The Prosecutor of the Chief Room of the National Court.

f) A member of the General Council of the Judiciary appointed by its President.

g) The Secretary General of the Banco de España.

h) The Director General of Supervision of the Banco de España.

i) The Director General of the Legal Service of the National Securities Market Commission.

j) The Director General of Insurance and Pension Funds.

k) The Director General of Trade and Investments.

l) The General Manager of Records and Notaries.

m) The Director General of Foreign Policy and Multilateral, Global and Security Affairs.

n) The Director of the Spanish Data Protection Agency.

n) The Cabinet Director of the Secretary of State for Security.

o) The Commissioner General of Judicial Police.

p) The General Chief of Judicial Police of the Civil Guard.

q) The Director of Intelligence at the National Intelligence Center.

r) The Director of the Basque Autonomous Police-Ertzaintza.

s) The Director General of the Police of the Generality of Catalonia.

t) The Director of the Navarra Police.

u) The Director of the Customs and Excise Department of the State Tax Administration Agency.

v) The Director of the Financial and Tax Inspection Department of the State Tax Administration Agency.

w) The Director of the Executive Service of the Commission.

x) The Deputy Director General of Capital Movements Inspection and Control under the General Secretariat of the Treasury and Financial Policy.

2. The voice of the Commission is personal and not delegated. However, in the event of impossibility, a representative with the rank, at least, of the Deputy Director-General of the institution to which the voice belongs, may attend the plenary session of the Commission, with a voice but without a vote.

Article 64. Standing Committee of the Commission.

1. The Standing Committee of the Commission shall perform the following

:

a) Orienting the action of the Commission's Executive Service and approving its organisational structure and operating guidelines.

(b) Approve, on a proposal from the Executive Service of the Commission and, in the case of an agreement, the supervisory bodies of the financial institutions, the Annual Plan of Inspection of the obligated subjects, which shall be reserved.

c) Formulate requirements for the obligors relating to compliance with the obligations established by Law 10/2010 of 28 April.

(d) to initiate and, where appropriate, to terminate the sanctioning procedures to which it has taken place for the commission of infringements provided for in Law 10/2010 of 28 April, on a proposal from the Secretariat of the Commission. The penalty procedures for non-compliance with the obligation to declare movements of means of payment, which shall be initiated and, where appropriate, overment, shall be the responsibility of the Secretariat of the Commission.

e) Raise the Commission's plenary session, on a proposal from the Secretariat of the Commission, proposal for a resolution of the sanctioning procedures for serious and very serious infringements provided for in Law 10/2010 of 28 April, with the exception of of those relating to non-compliance with the obligation to declare movements of means of payment. Where the proposal to raise the Commission's plenary session alters the legal status determined at the stage of the investigation, the person concerned shall be heard to make the arguments which he has agreed. The plenary session of the Commission, having regard to the proposal for a resolution raised by the Standing Committee, will propose what is appropriate to the Minister for Economic Affairs and Competitiveness.

2. The Standing Committee of the Commission shall be composed of the following members:

(a) The Secretary-General of the Treasury and Financial Policy, who will hold the Presidency.

b) A representative of the Banco de España.

c) A representative of the National Securities Market Commission.

d) A representative of the General Directorate of Insurance and Pension Funds.

e) A representative of the Secretary of State for Security.

f) A representative of the Police General Directorate.

g) A representative of the Directorate General of the Civil Guard.

h) A representative of the Customs and Excise Department of the State Tax Administration Agency.

i) A representative of the Department of Financial and Tax Inspection of the State Tax Administration Agency.

j) A representative of the Anti-Drug Prosecutor's Office.

k) The Director of the Executive Service of the Commission.

l) The Deputy Director General of Capital Movements Inspection and Control under the General Secretariat of the Treasury and Financial Policy.

The status of a member of the Standing Committee does not require the prior status of a member of the Commission's plenary session. Representatives appointed by the different institutions or their alternates shall be at least a rank of Deputy Director General or equivalent.

Article 65. Financial Intelligence Committee.

1. The Financial Intelligence Committee is hereby established which, in general, shall promote the financial analysis and intelligence activity of the Executive Service of the Commission and shall be responsible for the national risk analysis for the purposes of capital and the financing of terrorism. In particular, the Financial Intelligence Committee shall perform the following tasks:

(a) Approve, on a proposal from the Commission's Executive Service, the general criteria for the dissemination of financial intelligence reports.

b) Facilitate feedback to the Executive Service of the receiving institutions on financial intelligence reports.

c) Establish, on a proposal from the Commission's Executive Service, a valuation procedure by the institutions receiving financial intelligence reports.

d) Approve, on a proposal from the Commission's Executive Service, guidelines and general guidelines on financial analysis and intelligence.

e) Coordinate risk analysis actions in the area of money laundering and terrorist financing, ensuring that these analyses are kept up to date and relevant and that the resources are used in a way efficient to mitigate the identified risks. To this end, the Financial Intelligence Committee may make recommendations to the Executive Service of the Commission on the Annual Inspection Plan of the obligated subjects.

f) Establish appropriate mechanisms to provide information on the identified risks to the competent authorities and to the required subjects, either directly or through their professional associations. This information shall be incorporated by the persons subject to the risk analysis referred to in Article 32.

g) Propose to the Commission the adoption of identified risk mitigation measures.

(h) Carry out typologies studies in the field of money laundering and terrorist financing, relying on the strategic analysis carried out by the Commission's Executive Service.

i) Approve, on a proposal of the Executive Service of the Commission, guidelines and guidelines to the subjects required in the field of communication of operations by means of evidence.

j) Orienting and instructing the performance of the Cash Control Task Force or other groups whose creation can be decided by the Financial Intelligence Committee.

2. The Financial Intelligence Committee shall be composed of the following vowels:

(a) The Secretary-General of the Treasury and Financial Policy, who will hold the Presidency.

b) A representative of the Anti-Drug Prosecutor's Office.

c) A representative of the Prosecutor's Office against Corruption and Organized Crime.

d) A representative of the Office of the Prosecutor of the National Court.

e) A representative of the Banco de España.

f) A representative of the Police General Directorate.

g) A representative of the Directorate General of the Civil Guard.

h) A representative of the Customs and Excise Department of the State Tax Administration Agency.

i) A representative of the Department of Financial and Tax Inspection of the State Tax Administration Agency.

j) A representative of the National Intelligence Center.

k) A representative of the Organized Crime Intelligence Center.

l) The Director of the Executive Service of the Commission.

m) The Deputy Director General of Capital Movements Inspection and Control under the General Secretariat of the Treasury and Financial Policy.

The status of a member of the Financial Intelligence Committee does not require the prior status of a member of the Commission's plenary session. Representatives appointed by the different institutions or their alternates shall be at least a rank of Deputy Director General or equivalent.

3. The Director of the Executive Service of the Commission shall report to the meetings of the Financial Intelligence Committee on trends in suspicious operational communication, the evolution of the number and quality of communications and the detection of any risk patterns of money laundering and terrorist financing identified in the exercise of their activity.

4. Meetings of the Financial Intelligence Committee may be attended by other experts, with a voice but without a vote, when the President deems it necessary in the light of the matters included in the relevant agenda.

Article 66. Secretariat of the Commission.

1. The Secretariat of the Commission shall be carried out by the Subdirectorate-General for the Inspection and Control of Capital Movements of the General Secretariat of the Treasury and Financial Policy, with the status of Secretary, with the status of and Vocal of the Commission and its Committees.

2. The Secretariat of the Commission shall perform the following tasks:

(a) Agreed to the conduct of proceedings prior to the opening of sanctioning procedures by the commission of infringements provided for in Law 10/2010 of 28 April.

b) Propose to the Standing Committee the opening and the dismissal of the sanctioning procedures to which it has taken place for the commission of infractions provided for in Law 10/2010, of 28 April, with the exception of the procedures Penalties for failure to comply with the obligation to declare movements of means of payment.

(c) Initiate and terminate the sanctioning procedures for failure to comply with the obligation to declare a means of payment as set out in Article 34 of Law 10/2010 of 28 April.

d) To instruct the sanctioning procedures for violations provided for in Law 10/2010 of 28 April.

(e) To raise the proposal for a resolution of the sanctioning procedures to the Standing Committee of the Commission on the commission of serious and very serious infringements provided for in Law 10/2010 of 28 April, with the exception of the sanctioning procedures for failure to comply with the obligation to declare movements of means of payment.

(f) Elevate to the Secretary-General of the Treasury and Financial Policy the proposal for a resolution of the sanctioning procedures to be taken by the commission of minor infractions provided for in Law 10/2010 of 28 April, and for non-compliance with the obligation to declare a movement of means of payment as set out in Article 34 of Law 10/2010 of 28 April 2010.

g) Coordinate Spanish participation in international forums against money laundering and terrorist financing.

(h) Develop the draft rules on the prevention of money laundering and the financing of terrorism.

3. The Secretariat of the Commission shall also exercise the powers conferred on external economic transactions and international financial penalties, and may agree on the inspection measures resulting from them.

Article 67. Executive Service of the Commission.

1. The Executive Service of the Commission is the Spanish Financial Intelligence Unit, being unique throughout the national territory.

The Commission's Executive Service is also a supervisory authority on the prevention of money laundering and the financing of terrorism and the execution of financial sanctions and counter-measures to which it is Article 42 of Law 10/2010 of 28 April. Without prejudice to this, the supervisory bodies of the financial institutions may conclude with the Commission the supervisory arrangements referred to in Article 44.2.m of Law 10/2010 of 28 April 2010.

2. In the exercise of its supervisory function and after the completion of the inspection report referred to in Article 47.3 of Law 10/2010 of 28 April, the Executive Service of the Commission or the supervisory bodies referred to in Article 4 (3) of the Article 44 of the same shall forward to the subject a written statement of conclusions of the inspection, including recommendations concerning the adequacy of the internal control measures established by the subject obliged to comply with the obligations contained in Law 10/2010 of 28 April and its implementing legislation. In the light of the recommendations made, the required subjects shall draw up an action plan for the purpose of incorporating their content, indicating the deadlines for implementation and implementation of each of the measures.

3. Without prejudice, where appropriate, to the opening of an administrative penalty procedure, the Executive Service of the Commission or the supervisory bodies referred to in Article 44 of Law 10/2010 of 28 April may propose to the Committee. Permanent the adoption of requirements that will require the adoption of certain essential measures for the correct fulfilment of the obligations contained in Law 10/2010, of April 28, or in its norms of development. The requirement shall be subject to a period of time for the appropriate treatment, after which, and if the measures required have not been adopted, the competent authority shall initiate the penalty file in accordance with the provisions of the Articles 51.1.e) and 52.1.w) of Law 10/2010 of 28 April.

4. The Commission's Executive Service shall forward, using protected, secure and exclusive channels, the relevant financial intelligence report to the competent investigative bodies when it appreciates the existence of indications or certainty of money laundering or terrorist financing. In addition, the Commission's Executive Service may transfer to the State Administration of Tax Administration those reports in which the existence of information is assessed and will address the requests for information from the Commission. the authorities legally empowered.

In the exercise of its functions of financial analysis and intelligence, the Executive Service of the Commission, without prejudice to the implementation of the guidelines and general guidelines of the Commission and its Committees, shall act with autonomy and operational independence. In particular, the Commission's Executive Service shall not be able to collect or receive instructions from any body with regard to the analysis and dissemination of specific cases, which shall be carried out on strictly technical criteria.

5. Without prejudice to its operational analysis activity, the Commission's Executive Service shall carry out strategic analysis tasks in order to identify patterns, trends and typologies of which it shall report to the Financial Intelligence Committee, to identify potential threats and vulnerabilities in a risk analysis that will inform policy on the prevention of money laundering and the financing of terrorism referred to in Article 62.1.

6. The information received, processed, maintained or disseminated by the Commission's Executive Service shall be adequately protected. In particular, policies shall be established to ensure the security and confidentiality of such information, including appropriate procedures for handling, archiving, dissemination, protection and access.

7. The Director of the Executive Service of the Commission shall be responsible for the management of all staff serving in that Service, irrespective of the system of membership or organic dependence.

Once appointed in accordance with the provisions of Article 44.2.d of Law 10/2010 of 28 April, the Director shall receive his remuneration, which shall be fixed by the Commission, from the budget of the Executive Service of the Commission referred to in the fourth paragraph of Article 45.3 of Law 10/2010 of 28 April. In cases where the Director of the Executive Service of the Commission is an employee of the Banco de España, the scheme provided for in Article 45.3, third paragraph of Law 10/2010, of 28 April, shall apply.

You will also receive your remuneration from the budget of the Executive Service of the Commission, being linked to it by a relationship of employment law, the staff to be hired by the Executive Service of the Commission. Procurement procedures, which shall require the prior authorisation of the Commission, shall be competitive and shall be based on the principles of merit and capacity.

The Bank of Spain may, on a proposal from the Commission, allocate to the Executive Service of the Commission the employees deemed necessary for the performance of the tasks entrusted to it. The employees of the Banco de España destined for the Executive Service of the Commission will maintain their employment relationship with the Banco de España, governed by its specific regulations.

Article 68. Police units attached to the Commission's Executive Service.

1. The following police units will be attached to the Commission's Executive Service:

a) The National Police Corps Financial Intelligence Brigade.

b) The Civil Guard Investigation Unit.

2. Under the functional dependency of the Directorate of the Executive Service of the Commission, the police units attached shall collaborate in the development of the financial intelligence and analysis functions attributed to the Executive Service of the Commission. by Article 46 of Law 10/2010 of 28 April.

In the exercise of judicial police functions, the police units assigned will be governed by the provisions of article 31.1 of the Organic Law 2/1986, of March 13, of Forces and Security Corps.

3. The Ministry of the Interior, on a proposal from the Commission, shall allocate to the police units attached to the Executive Service of the Commission to the officials of the National Police Corps and the Civil Guard who are deemed necessary for the exercise. of the functions entrusted to those units.

Article 69. Unit of the State Tax Administration Agency.

1. The State Agency for Tax Administration, within the framework of its rules of organic structure, will be assigned to the Executive Service of the Commission a Unit which, under the functional direction of the Executive Service, will collaborate in the development of the financial intelligence and analysis functions attributed to that Service, in accordance with the provisions of Article 46 of Law 10/2010 of 28 April.

2. The State Agency for Tax Administration, on a proposal from the Commission, shall provide that Unit with the officials deemed necessary for the performance of the tasks entrusted to it.