Regulation (2009:92) On Measures Against Money Laundering And Financing Of Terrorism

Original Language Title: Förordning (2009:92) om åtgärder mot penningtvätt och finansiering av terrorism

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2009:92

Introductory provision



Article 1 this regulation lays down detailed rules for

the application of the law (2009:62) on measures against money laundering

and the financing of terrorism.



Application to the Swedish companies Registration Office



section 2 of The notice of registration pursuant to Chapter 6. section 3 of the law

(2009:62) on measures against money laundering and the financing of

terrorism should be made in writing with the companies registration office.



If a foreign operator engaged in notifiable

operations in Sweden by the branch, the notice of

registration is made by the branch.



section 3 of a notification pursuant to section 2 of the will for natural persons include

indication of the first and last name, social security number, or

coordination number, registered address and notifiable

activity. If the registered address in Sweden is missing, the

the notification must contain the address in Sweden where the notifiable

the activities will mainly be carried out. For legal

persons and branches to such notification must indicate

If the company name, registration number and notifiable

activity.



The notification shall be signed by the person to be

the notified operation and for legal entities

of a Board Member, Executive Director or

General partner. For branches to a notification signed by the

the Chief Executive Officer of the branch.



section 4 If the person has made a registration does not have

followed it on the notification or if there is any

other things that prevent the registration, to the Swedish companies registration office shall submit to the

him to give an opinion on the matter or make correction within certain

time.



If the notification fails to comply with an injunction

referred to in the first subparagraph, the notification of information to be written.

If this should be included in the notice.



If even then the notifier has delivered an opinion are obstacles to

registration as a notifier has had the opportunity to be heard

over, to the Swedish companies registration office refuse the registration. If there is any reason

for it, may be really give it that has made the notification

opportunity to comment again before making a decision in

case.



Register of operators who reported activity under

law (2009:62) on measures against money laundering and the financing

of terrorism



section 5 of the companies registration office will be using the automated

data processing, keep a record of the physical and

legal persons that have made the notification under Chapter 6. paragraph 3 of the

law (2009:62) on measures against money laundering and the financing

of terrorism.



The Swedish companies registration office is personuppgiftsansvarigt for the registry as

personal data Act (1998:204).



6 section in the registry, the following information must be recorded on the

operators that have made the notification:



1. name and surname or business name,



2. social security numbers, coordination number or registration number,



3. notifiable activities, and



4. the supervisory authority.



section 7 of the registry should give the public the information that

included in the register. In the case of personal data to the registry

have the purpose to provide data for



1. the supervision to which provincial governments in Stockholm, West

Götaland and Skåne County to exercise according to law (2009:62) if

measures against money laundering and terrorist financing, and



2. informing the public of operators who have

entered in the register.



section 8 of the Swedish companies registration office to make sure that it does not arise from any

undue intrusion into the privacy of the data subject

or any risks from the point of view of safety. For these purposes

the Agency may in individual cases set conditions for

the processing of personal data.



9 § the Swedish companies registration office may, for the purposes set out in section 7 of the other

the paragraph on a case by case basis, decide on the direct access to the

the registry.



section 10 of the provisions of section 48 of the personal data Act (1998:204) about

damages applicable to the processing of personal data in accordance with

This regulation.



11 § in the case of rectification of personal data in the register shall

section 26 of the Administrative Procedure Act (1986:223) shall apply instead of

section 28 of the personal data Act (1998:204).



section 12 of the Swedish companies registration office shall, as soon as possible after the registration of the

information about an operator, or by change of

previously registered information, inform the relevant

the supervisory authority if the information has been entered or 2

been deleted from the register. Notifications may be made on the medium

for automatic processing.



12 a § in cases involving application for registration under

This regulation, the fee paid for the

processing, testing and registration, with 850 SEK.



Fee shall not be paid for notification of activities

ceased.



Fee must be paid when registration for registration is submitted.

Fee will not be refunded if any proceedings has

started. Regulation (2009:1417).



Coordinating body for the supervision of anti-money laundering

and the financing of terrorism



section 13 Of the financial supervision authority shall be a special

coordinating body for supervision with regard to the law (2009:62)

on measures against money laundering and terrorist financing.



section 14 of the coordination body shall



1. assume the overall responsibility for

regulatory authorities in terms of methods and

legislation as well as the evaluation and monitoring of the

supervision,



2. provide support to regulatory authorities in matters of education,



3. promote an effective cooperation between regulators

and the police in the case of operators

disclosure and supervisory

notification obligations,



4. interact with and provide support to the Government offices, and



5. initiate proposals for changes in legislation,

working methods and priorities in order to create a

more effective supervision in the field. Regulation (2014:1211).



section 15 the coordinating body shall be composed of representatives of

Real Estate Inspection, The Financial Supervision Authority,

Lottery inspection, the Audit Board and the county administrative boards in

Stockholm, Västra Götaland and Skåne County. Sweden's

bar associations should be given the opportunity to participate.

Regulation (2012:24).



Supervision



section 16 of the supervision of the observance of the law (2009:62) if

measures against money laundering and the financing of terrorism in

respect of activities referred to in Chapter 1. 2 section 11, 12 and 14-16 the same

law shall be exercised by the county administrative boards in Stockholm, West

Götaland and Skåne County.



County Administrative Board of Stockholm to supervise

the following operators:



1. legal persons based in Stockholm County

Södermanlands län, Gotland County, Sweden, Uppsala

counties, Jämtlands län, Västernorrland County, Sweden

and norrbotten County,



2. natural persons residing in Stockholm County

Södermanlands län, Gotland County, Sweden, Uppsala

counties, Jämtlands län, Västernorrland County, Sweden

and norrbotten County or, if the registered address is missing,

provide an address where the notifiable activities

mainly to be located in one of these

County, and



3. branches of foreign operators carrying out

notifiable activities in Sweden.



Västra Götaland County Administrative Board shall exercise supervision over the

the following operators:



1. legal entities established in Västra Götaland County, Sweden

Hallands län, Värmland County, Sweden with Örebro County, Dalarna County and

Gävleborg County, and



2. natural persons residing in Västra Götaland

län, Hallands län, Värmland County, Sweden with Örebro County, Dalarna County and

Gävleborg County or, if the registered address is missing, the

stated an address where the notifiable activities

mainly to be located in one of these

County.



The County Administrative Board Skåne County to supervise the following

operator:



1. legal entities established in Skåne, Blekinge County, Sweden

Kronoberg, Jönköping County, Kalmar county and Östergötland

County, and



2. natural persons residing in Skåne, Blekinge

County, kronoberg, Jönköping County, Kalmar county and

Östergötland County or, if the registered address is missing, the

stated an address where the notifiable activities

mainly to be located in one of these

County.



17 § When a regulatory agency has been notified of

The Swedish companies registration office that a notification under section 2 has been recorded,

the supervisory authority shall ensure that the operator

satisfies the conditions laid down in Chapter 6. section 5 of the Act (2009:62) on measures

against money laundering and the financing of terrorism. Such

control shall also be made when the regulator is informed

If a notice of changed conditions in accordance with Chapter 6. section 6 of the

the same law has been registered. The regulatory authority may also

carry out checks at other times if necessary.



Appropriations



in terms of section 18 of the Act (2009:62) on measures against money laundering and terrorist financing may finance inspectorate, Lottery inspection, real estate inspection and state provincial offices in Stockholm, Västra Götaland and Skåne County, for the operators who are subject to the respective regulatory supervision, provide for



1. measures for risk-based due diligence according to Chapter 2. 1 §,



2. basic measures for customer due diligence, in accordance with Chapter 2.

3 §,



3. derogations from the provisions concerning basic measures for customer due diligence, in accordance with Chapter 2. 5 §,



4. what countries outside the EEA which satisfies the conditions laid down in Chapter 2.

5 § 2 (b), 4 and 9 (b) and satisfy the conditions for application of the provisions on third party referred to in Chapter 2. paragraph 3 of the fourth paragraph,



5. enhanced customer due diligence measures pursuant to Chapter 2. section 6,



6. enhanced customer due diligence measures pursuant to Chapter 2. 6 a section,



7. risk assessment under Chapter 2. 7 (b) §,



8. measures for ongoing monitoring of the business relationship pursuant to Chapter 2. section 10 and how these should be documented,



9. how documents and data have been used to achieve due diligence should be preserved according to Chapter 2. section 13,



10. review and reporting in accordance with Chapter 3. 1 §,



11. retention of data for review and analysis of transactions referred to in Chapter 3. 1 (b) §,



12. the identification, risk assessment, procedures to be followed and the information and training to be provided to employees in accordance with Chapter 5. § 1, and




13. the necessary measures and procedures to protect employees in accordance with Chapter 5. 2 §.



The Swedish companies registration office may provide for the information to be provided to the Office in accordance with section 2.



Regulatory authorities shall consult the coordinating body at the Swedish financial supervisory authority for the supervision of anti-money laundering measures and the financing of terrorism before they announce the regulations referred to in the first subparagraph. Regulation (2015:273).