Law 12/2003, of 21 May, of blocking the financing of terrorism, in its final disposition, enables the Government to approve the regulatory provisions necessary for its implementation and development, especially in the operational and legal arrangements for the adoption of agreements by the Commission on the Surveillance of the Financing of Terrorism Activities.

This royal decree has been implemented to enable it to be used as an instrument to fulfill the commitments made by our country in the international sphere in this area, concerning the exchange of information and the cooperation on terrorist offences.

Law 10/2010 of 28 April on the prevention of money laundering and the financing of terrorism, solved the dysfunctionality existing between Law 19/1993 of 28 December on certain measures of prevention of money laundering, and Law 12/2003, of 21 May, as the latter reproduced obligations of the former. It also meant the unification of the prevention of money laundering and terrorist financing schemes.

From then on, the administrative block is configured as a measure of prevention of the financing of terrorism, resulting in the violations resulting from the non-compliance of the subjects required that they do not take the necessary measures to make such a blockade effective. The Committee on the Surveillance of the Financing of Terrorism is the body with the power to agree on any blockade, attributing to the Council of Ministers the power to impose the corresponding sanctions, on the proposal of the Minister of Internal; reserving the remaining powers in the field of prevention of money laundering and terrorist financing to the Ministry of Economy and Competitiveness.

The entry into force of that law was the modification of Law 12/2003, of May 21. This amendment is provided for in its final provision, mainly affecting the name of the legal standard itself, with the term "prevention" being abolished, as well as the obligations of persons and entities, supervision and sanctioning regime. It also provides for the final provision of the constitution, powers and functioning of the Commission, which is precisely the subject of development in this Regulation, as well as its relationship with the Commission on the Prevention of Money laundering and monetary violations and the participation of the Executive Service of the Commission on the Prevention of Money Laundering and Monetary Violations at the meetings of the Commission.

On the other hand, the commitments made by Spain at international level, such as the United Nations Security Council resolutions on "Al Qaeda", individuals and associated entities and the United Nations, should be taken into account. Regulation of the European Community for the implementation of the measures adopted by the United Nations Sanctions Committee, which reproduces the lists of successive Resolutions for the purpose of freezing funds.

Also, Common Position 931 /2001/CFSP of the European Council of 27 December 2001 and Regulation No 2580/2001 as the European Union's own rule for the freezing of funds from the European Union list of terrorists.

With this regulation a further step is taken in the regulation and operation of the Commission on Surveillance of Terrorism Financing Activities as an instrument to develop the direction and momentum of the activities of the prevention of the use of the financial system for the commission of terrorist actions.

This royal decree consists of an exhibition party, a single article approving the Regulation of the Commission on Surveillance of Terrorist Financing Activities, an additional provision and two final provisions, the first enables the Minister of the Interior to dictate the necessary provisions for the development of the approved regulation and the second one refers to the entry into force of the royal decree.

With regard to the regulation, it consists of three chapters, Chapter I of the general provisions, Chapter II of the composition and functioning of the Committee on the Surveillance of the Financing of Terrorism, and the Chapter III concerning the agreements of the said Commission, with a total of 15 articles.

This royal decree has been submitted to the report of the Spanish Data Protection Agency.

In its virtue, on the proposal of the Minister of the Interior, 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 at its meeting of the May 29 May 2015,

DISPONGO:

Single item. Approval of the Regulation of the Surveillance Commission on Terrorist Financing Activities.

The Regulation of the Surveillance Commission on Financing of Terrorism, which is inserted below, is approved.

Single additional disposition. Operation.

The operation of the Surveillance Commission on Terrorism Financing Activities will be addressed with the personal, technical and budgetary resources assigned to the higher body to which it is attached.

Final disposition first. Regulatory enablement.

The Minister of the Interior will dictate how many provisions are necessary for the development of what is established in the Regulation that is approved by this royal decree.

Final disposition second. Entry into force.

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

Given in Madrid, 29 May 2015.

FELIPE R.

The Minister of the Interior,

JORGE FERNANDEZ DIAZ

COMMISSION REGULATION ON SURVEILLANCE OF TERRORIST FINANCING ACTIVITIES

CHAPTER I

General Provisions

Article 1. Object.

This Regulation regulates the nature, composition, functions and functioning of the Commission for the Surveillance of Terrorism Financing Activities (hereinafter the Commission), under the development of Law 12/2003, of 21 May, blocking the financing of terrorism.

CHAPTER II

Composition and functioning of the Commission

Article 2. Nature and composition.

1. The Commission is a collegiate body attached to the Ministry of the Interior. It shall be chaired by the Secretary of State for Security and made up of the following members, as well as by the Director of the Centre for Intelligence against Terrorism and Organized Crime, in his capacity as Secretary, act with a voice but without a vote and who will be in charge of directing the organic unit to be performed by the Secretariat of the Commission.

2. They will be the Commission's vowels:

A member of the Fiscal Ministry, appointed by the State Attorney General.

A representative of the Ministries of Justice, Interior, Finance and Public Administrations, and Economy and Competitiveness, appointed by the respective departments.

3. The Director of the Executive Service of the Commission on the Prevention of Money Laundering and Monetary Infringements shall attend the meetings of the Commission in a voice but without a vote.

4. Independent experts may attend the meetings of the Commission, with a voice but without a vote, when the President deems it necessary for the purposes of specific advice on the matters to be dealt with.

5. The members of the Commission shall be appointed for a period of two years. If, in the course of this time, there is any change, both as regards the ministries represented and the administrative structures in which the vowels are integrated, the composition of the Commission will be maintained until the end of the period. period.

In any case, if any vowel is to be stopped for any circumstance, the two-year period for which the vowel to replace the vowel was designated will not vary.

Article 3. Secretariat of the Commission.

1. The Secretariat of the Commission, provided for in Article 9 of Law 12/2003, of 21 May, will be carried out by the Center for Intelligence against Terrorism and Organized Crime (CITCO), which is dependent on the Secretariat of State for Security.

2. The Secretariat shall be responsible:

(a) To instruct the sanctioning procedures to be in place for violations of Law 12/2003 of 21 May, including the formulation of a motion for a resolution for the Commission.

b) Receive from the Public Administrations and persons obliged the information related to the blocking of the financing of terrorism activities referred to in Article 4 of Law 12/2003, of 21 May.

(c) Receiving and processing, in accordance with the rules of this Regulation, applications for the release or making available of funds or economic resources blocked in implementation of a Commission agreement.

(d) to receive and deal with requests for the deletion of persons and entities from terrorist lists drawn up by the European Union and the United Nations.

e) Develop reports to enable the Commission to decide on the requests for identity verification referred to in Article 12.

(f) Any other tasks entrusted to you by the Commission.

Article 4. Extra regime.

In relation to the system of replacements and suplences, convocation, and quorum required at meetings, the Commission shall subject its activity to the provisions of Chapter II of Title II of Law 30/1992 of 26 November 1992. the legal status of public administrations and the common administrative procedure.

With regard to the maximum period for resolving and notifying the parties concerned and the effects of the administrative silence, the provisions of Law 30/1992 of 26 November 1992 will also be addressed.

Article 5. Functions.

These are the functions of the Commission:

a) Agreed to the block in the terms of Article 2 of Law 12/2003, of 21 May.

b) Receive the financial intelligence reports sent to you by the Executive Service of the Commission on the Prevention of Money Laundering and Monetary Violations, in the framework of the powers conferred on you by the Law 12/2003, dated May 21.

c) To provide the Minister of the Interior with the motions for resolutions, together with the dossiers, in the sanctioning procedures instructed by the Secretariat of the Commission.

d) Authorize the release or release of funds or economic resources blocked in accordance with the terms of Article 13 of this Regulation.

e) Auxiliary the criminal courts and the Prosecutor's Office in the exercise of their own functions.

Article 6. Duty of confidentiality.

1. All persons who carry out an activity for the Commission and have knowledge of actions or of data of a reserved nature shall be obliged to maintain the secret. This duty shall include a prohibition on the communication, publication or dissemination of data or documents which have been reserved, even after the service has ceased, with the exception of the express authorisation granted by the Commission. Failure to comply with this duty will result in the responsibilities provided for by the laws.

2. The data, documents and information held by the Commission have a reserved character and may not be disclosed, except in the following cases, and provided it does not jeopardise a police, judicial or ministry investigation Fiscal, or the implementation of a measure of freezing of funds and economic resources agreed by the Commission:

a) The dissemination, publication or communication of data when the data subject expressly consents to it.

b) The publication of aggregated data for statistical purposes, or communications in summary or aggregate form, so that the persons or subjects concerned cannot be identified even indirectly.

(c) Information communications at the request of a Parliamentary Committee of Inquiry of the Congress of Deputies, the Senate or both Houses.

d) The provision of information at the request of the Prosecutor's Office or a judicial authority

e) the provision of information or requirements of administrative authority or administrative authority or unit which, by virtue of the provisions laid down by law, are empowered for such purposes. In this case, the requesting authority shall expressly invoke the legal precept that enables the request for information, and shall be responsible for the regularity of the requirement.

f) The request for reports or information requirements practiced by the Commission on the Prevention of Money Laundering and Monetary Violations or by their support bodies.

g) The communication to the State Administration of Tax Administration, in order to carry out the functions legally assigned to it, of the agreements adopted by the Commission concerning the blocking of balances, accounts and positions, as well as the cessation of the blocking measures and the authorisations for the release or making available of frozen funds or economic resources.

3. The authorities, persons or public entities which receive information of a reserved nature from the Commission or any of its bodies shall also be subject to the duty of secrecy laid down in this Article, appropriate measures to ensure their reservation. They may be used only in the context of the performance of the duties they have attributed to them.

CHAPTER III

Commission Agreements

Article 7. Arrangements for the adoption of agreements.

1. The agreements shall be adopted unanimously by the members in attendance in the case of the tasks set out in paragraphs (a) and (d) of Article 5, and by a majority of the members in attendance, in the other cases.

2. No matter which is not included on the agenda may not be subject to an agreement unless all its members are present and the urgency of the matter is declared unanimously.

3. The voting procedure shall make it possible to know the meaning of the vote or the abstention of the members of the Commission, unless there is a reasoned request for the contrary, and the application shall be adopted unanimously.

Article 8. Minutes of meetings.

Of each session held by the Commission, minutes shall be drawn up by the Registrar, who shall necessarily specify the assistants, the agenda for the meeting, the circumstances of the place and time at which the meeting has been held, the points the main elements of the deliberations, as well as the content of the agreements adopted and, if there were votes, their form of conclusion and outcome.

Article 9. Notification of agreements.

Without prejudice to Article 4, in order to ensure the effectiveness of the blocking agreement, the Commission will be able to carry out, with the collaboration of the Executive Service of the Commission on the Prevention of Money Laundering and Monetary Violations, notifications of the measure agreed to the subjects of Article 2.1 of Law 10/2010, of 28 April, of prevention of money laundering and of the financing of terrorism.

Article 10. Locking balances, accounts, and positions.

1. In accordance with Law 12/2003 of 21 May, the Commission has the power to agree to the blocking of balances, accounts and positions, including assets held in safe deposit boxes, opened by persons or entities linked to terrorist organisations in any of the entities listed in Article 2 of Law 10/2010 of 28 April, as well as the prohibition of the opening of new accounts in which it appears as the holder, authorised to operate or a representative, any of those persons or entities.

The Commission may also agree to the blocking of cash, securities and other instruments from transactions or financial transactions which the payer or the payee directly or through the person of an intermediary, have made on the occasion or occasion of the perpetration of terrorist activities or to contribute to the aims or objectives pursued by the terrorist groups or organisations.

2. For the adoption of these agreements, the Commission may act on its own initiative or on the basis of information which may be forwarded by other national, European Union or foreign bodies. The Commission shall determine the manner in which the proposals shall be submitted and the criteria to be determined by the Commission.

3. With regard to the duration of the effects of the blocking agreements, the provisions of Article 2 of Law 12/2003 of 21 May 2003 shall apply. The cessation of the blockade will be agreed upon when the relationship with financing of terrorist activities is not credited or when the causes that motivated it disappear.

4. Agreed by the Commission on the cessation of the blocking measure or when the competent judicial body resolves the nullity of the agreement or denies its extension, this circumstance must be communicated immediately, with the collaboration of the Executive Service of the Commission on the Prevention of the Blanking of Capital and Monetary Violations, to the subjects provided for in Article 2 of Law 10/2010, of 28 April.

5. Where the Commission considers that the requirements laid down in the United Nations or European Union rules are met, it may propose the inclusion of the natural or legal person on the lists of terrorists approved by the Council of Security of the United Nations or the European Union. The Commission's proposal will be forwarded to the Ministry of the Interior, which, if appropriate, will be sent to the Ministry of Foreign Affairs and Cooperation.

Article 11. Execution of the lock measures.

1. The required subjects referred to in Article 2 of Law 10/2010 of 28 April shall, within the framework of their respective fields of action, implement the agreement on the freezing of funds or economic resources adopted and notified by the Commission, communicating without delay and in writing, for his transfer to the General Secretariat of the Treasury and Financial Policy.

2. The execution of the blocking measure shall not prevent financial or credit institutions from receiving funds transferred to and abpaying the blocked accounts, provided that any new contribution is equally blocked. Financial or credit institutions shall report such operations without delay to the Commission and the General Secretariat of the Treasury and Financial Policy.

3. The blocking measure shall not apply to the payment of any interest or other benefits corresponding to those accounts, or payments due on the basis of contracts, agreements or obligations, provided that such interest, profits and payments are, Also blocked, immediately.

However, there will be an obligation to retain and enter the corresponding Tax Administration, the amounts that, according to the tax rules, would be payable in relation to such payments.

Article 12. Identity verification requests.

1. Natural or legal persons implementing the measure of freezing of funds or economic resources agreed by the Commission may ask the Commission to carry out the necessary steps in order to verify whether the identity of the person on whom they are the lock measure has been executed corresponds to that of the person referred to in the agreement, without prejudice to the execution of the measure until the verification occurs.

2. To this end, the Secretary of the Commission shall seek to obtain as much data and reports as are necessary to verify the identity of the subjects, and to inform the Commission that, in view of its content, it shall decide whether or not to proceed with the maintenance. of the lock measure.

Article 13. Authorisations for the release or making available of frozen funds or economic resources.

1. By way of derogation from Article 10, the Commission may agree to the release or release of funds or economic resources which have been subject to a blockade, by agreement of the Commission itself, in the cases referred to therein. .

2.The release or making available of funds or economic resources which have been the subject of a judicial or administrative lien, established before the date on which the person, entity or group has been the subject of a judicial or administrative embargo, may be agreed any type of measure by the Commission, provided that the following circumstances are met:

(a) Where the funds or economic resources are to be used exclusively to satisfy the amounts secured by such embargoes.

(b) Where the embargo does not benefit the person, entity or body that has been subject to the measure of freezing of funds or economic resources by agreement of the Commission, by United Nations Security Council Resolution or by a Regulation of the European Union;

3. The Commission may also authorise the release or making available of certain funds or economic resources blocked for payment under a contract concluded by the person, entity or body which has been subject to the measure freezing of funds or economic resources, or of an obligation corresponding to a person, entity or body which has been the subject of any measure by the Commission, provided that the following circumstances are met:

(a) Where the date of the contract or the birth of the obligation in question is prior to that in which that person, entity or body has been the subject of any of the above measures

(b) Where funds or economic resources are used to make a payment by a person, entity or body subject to the above measures to a third party in good faith.

(c) When the payment does not contribute to a prohibited activity and, in particular, when it does not contribute to the development of terrorist activities or groups.

4. The Commission may authorise the release or the making available of certain frozen funds or economic resources, in the event that any of the funds or economic resources are determined by agreement adopted for the purpose of the funds or economic resources. Following circumstances:

(a) That they are necessary to meet the basic needs of the person and the family members in charge of them, such as the payment of food, rent or mortgage, medicines and medical treatment, debts and tax penalties and insurance premiums.

b) That are intended solely for the payment of reasonable professional fees or reimbursement of expenses related to legal assistance.

(c) intended exclusively for the payment of fees or expenses incurred for routine holding or maintenance of frozen funds or economic resources.

(d) to be satisfied with the satisfaction of the debts of a salary, tax, social security or any other nature with which the injury to third parties in good faith is avoided.

e) That has the condition of inembargables in accordance with the current legislation.

5. However, with regard to the provisions of paragraphs 2, 3 and 4 of this Article, if the obligation for the payment of which is to be released is not provided for in Article 5 of Council Regulation (EC) No 2580/2001 of 27 December 2001, on specific restrictive measures directed at certain persons and entities in order to combat terrorism, the prior consultation with the Member States of the European Union on whose territory the funds have been frozen or economic resources.

6. The Commission shall be responsible for the power to resolve the requests for the release or the making available of frozen funds or economic resources. Their decisions shall exhaust the administrative route, without prejudice to the possibility of bringing the replacement of the powers of replacement to the same body which has issued the decision, in accordance with Articles 116 and 117 of Law No 30/1992, of November 26.

Article 14. Requests for the deletion of a name from terrorist lists drawn up by the European Union or the United Nations.

Any natural or legal person of Spanish nationality or resident in Spain included in a list of persons linked to the financing of terrorism approved by the United Nations Security Council or by the Council of the European Union, and which considers that either there is no legal basis for the adoption of that decision or the circumstances which led to the adoption have ceased, it may be addressed to the Commission, which shall assess whether such a request is justified. If yes or no data is available to give a decision, it shall forward it to the competent body. If not, the Commission shall give the person concerned a reasoned reply, who may bring the action against that decision.