Law (2009:62) On Measures Against Money Laundering And Financing Of Terrorism

Original Language Title: Lag (2009:62) om åtgärder mot penningtvätt och finansiering av terrorism

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2009:62

Chapter 1. Scope of application and definitions



The scope of the law



section 1 of this Act is to prevent financial

activities and other business activities are utilized for

money laundering or terrorist financing.



section 2 of this Act apply to natural and legal persons

driver



1. bank or finance operating under the Act (2004:297)

of banking and finance law,



2. life insurance business,



3. activities of the kind described in Chapter 2. section 1 of the Act

(2007:528) on the securities market,



4. activities that require registration or the application of

The financial supervision authority pursuant to the Act (1996:1006) if

obligation to respect certain financial activities or

Act (2004:299) of deposit operations,



5. insurance mediation under the Act (2005:405) if

insurance brokerage, in the case of such activities

life insurance, undertaken by other than tied

insurance intermediaries,



6. activities for the issuance of electronic money in accordance with the

Act (2011:755) on electronic money,



7. Fund operations under the Act (2004:46) about

mutual funds,



8. the activities of real estate agents with full

registration under the real estate Act (2011:666),



9. activities of casino games as Casino Act (1999:355),



10. activities approved, or certified, or

registered public accounting firm,



11. professional activities relating to accounting services, or

audit services but not covered by 10,



12. professional activity which consists in providing advice in

intention to affect the size of a tax or fee

(tax consultants),



13. professional activities as a lawyer or trainee

lawyer at the law firm, to the extent that the activities relate

services referred to in paragraph 3 of the first subparagraph,



14. professional activities as other independent counsel than that

referred to in 13, to the extent that the activities relating to the services

specified in section 3(1),



15. professional activities to the extent that the activities relate

services referred to in paragraph 3, second subparagraph, and

the responsible party is not a person referred to in

10 – 14,



16. professional trading in goods, to the extent that the business

concerning the sale for cash equal to at least

an amount equivalent to EUR 15 000,



17. activities to that payment institutions provide

payment services under the Act (2010:751) on payment services,



18. activities to provide payment services within the meaning of

the law on payment services without payment institutions,



19. alternative investment funds under

Act (2013:561) on alternative

investment funds, or



20. the business of consumer credit under the Act (2014:275)

If some activities with consumer credit.

Law (2014:278).



2 a of the provisions of Chapter 3. 1 (a), 4, 5 and 7 sections and Chapter 5. 1

and 2 sections shall apply to the operation of an auction platform for

emissions trading as a regulated market in accordance

with article 26 (1) of Commission Regulation (EU) no 1031/2010

of the 12 november 2010 timetable, administration and

other aspects of auctioning of emission allowances

greenhouse gases in accordance with European Parliament and Council

Directive 2003/87/EC establishing a scheme for trading in

for greenhouse gas emission allowance trading within the community.

Law (2012:376).



paragraph 3 of the Services referred to in paragraph 2 of the 13 and 14 covers



1. to act in a client's name on his behalf at the

financial transactions or transactions with real estate,



2. to assist in the planning or implementation of

transactions for a client's account at the



(a)) the purchase and sale of real estate or businesses,



b) management of the client's money, securities or other

assets,



c) opening or management of bank, savings or

investment accounts,



d) acquisition of the necessary capital for the creation, operation or

management of the company, or



e) creation, operation or management of companies, associations,

foundations or trusts.



Services referred to in paragraph 2 of 15 covers



1. formation of legal entities, sales of newly formed

joint-stock company and brokerage of Swedish or foreign legal

people,



2. the performance of the function of the Board or

corporate law, a partner in the trade or

limited partnership or any similar position in relation

to other legal entities;



3. provision of a registered office or a

postal address and related services to a legal

individual or a trust or a similar legal arrangement,



4. the administration of a trust or a similar legal

construction, and



5. function as a nominee shareholder for a real head male

Bill.



section 4 in respect of the activities referred to in paragraph 2 of the 1-7, 17, 19 and

the law also applies to 20 branches in Sweden to foreign

legal entities with headquarters abroad. Law (2014:795).



Definitions



section 5 of this Act means



1. business relationship "means a business relationship when

the contact is established, are expected to have an element of duration;



2. shell bank: a foreign institution which is registered

in a jurisdiction in which it is devoid of real

establishment and management and in which the institution nor included in the

a financial group falling within the scope of supervision,



3. EEA: European economic area,



4. Financing of terrorism: the collection, provision

or receipt of assets to be used

or with the knowledge that they are intended to be used to

commit such a crime referred to in section 2 of the Act (2002:444) if

punishment for the financing of particularly serious crime in

some cases,



5. customer: anyone who has entered into a contractual relationship with such

establishments or undertakings referred to in this Act,



6. money laundering: such measures



a) delinquent acquired possessions, which may lead to

the connection with the crimes hidden, to the brottslige,

the ability to evade legal sanctions or to

återskaffandet of property is made difficult, as well as such measures

that includes disposal and acquisition, possession or

use of the property,



b) with property other than that referred to in (a), if the measures are

designed to hide the fact that someone has enriched itself through criminal

deed,



7. politically exposed person:



a) natural persons who have or have had an important public

function of a State, and



b) the natural person who has or has had a feature of

the lead in an international organization.



8. beneficial owner: a natural person on whose behalf any

other person is, or if the customer is a legal person,

Anyone who exercises a dominant influence over the customer, and



9. "operator" means a natural or legal person who

carrying out the activities covered by this law. Law (2015:274).



5 a § With important public function in 5 § 7 a defined function

held by



1. the heads of State or Government, Ministers and Deputy and

Deputy Ministers,



2. members of Parliament,



3. the judges of the Supreme Court, the constitutional courts

or of other high-level judicial bodies whose decisions only

in exceptional circumstances, subject to appeal,



4. senior officials of courts of Auditors and members of

central banks ' governing bodies,



5. Ambassadors, heads and high-ranking officers in the

the armed forces, and



6. persons who are included in the State-owned enterprise management,

management or supervisory bodies. Law (2015:274).



Chapter 2. Customer due diligence



Requirements for risk-based customer due diligence



(1) an operator shall take measures to achieve

customer knowledge. The scope of these measures shall be adapted

After the risk of money laundering or terrorist financing.



In 4 and 5 §§ casino Act (1999:355), there are special

provisions for the verification of identity of Casino visitors.



Situations that require due diligence



section 2 of an operator should take basic steps

to achieve customer due diligence under paragraph 3 of



1. for the establishment of a business relationship,



2. in the case of occasional transactions amounting to an amount

equivalent to EUR 15 000 or more,



3. in the case of transactions that do not exceed a sum equivalent

15 000 euros, but can be assumed to be associated with one or more other

transactions and which together amounts to at least this

amount, and



4. in the event of uncertainty on the reliability or adequacy

of previously received information about the customer's identity.



If there is a suspicion of money laundering or the financing of

terrorism, the measures referred to in the first subparagraph shall be taken,

regardless of any derogation, exemption or threshold.



Basic customer due diligence



3 section With basic customer due diligence measures referred to



1. verification of the customer's identity through identity document;

extract from the register or in any reliable way,



2. verification of the beneficial owner, and



3. obtaining information on the purpose and the business relationship

art.



Operators shall for the purposes of the first subparagraph 2

investigate customer's ownership and control structure.



In addition to the measures laid down in the first paragraph, an operator

take steps to determine if the customer or the customer's

real Chief is a politically exposed person

position.



Operators may rely on the measures

carried out by a third party referred to in paragraph 4 to

achieve customer due diligence referred to in the first subparagraph, if the

operator shall, without delay,



1. get some of the information about the customer that the third party has

obtained, and



2. on request can get part of the documentation is to

the basis for the data. Law (2015:274).



4 section With outsiders in the third subparagraph of paragraph 3 referred to




1. natural or legal persons with activities listed

in Chapter 1. 2 § 1-3, 5-7, 17, 19 and 20, approved or

certified public accountants and lawyers resident in the EEA,

authorised or registered in a specific

professional register, or



2. natural or legal persons with activities listed

in Chapter 1. 2 § 1-3, 5-7, 17, 19 and 20, approved or

certified public accountants and lawyers established outside the

EEA, authorised or registered in a specific

professional register, if they apply the rules concerning the

customer awareness and conservation of documents which correspond to the requirements

in European Parliament and Council Directive 2005/60/EC of 26

October 2005 on the prevention of the use of the

financial system for money laundering and

the financing of terrorism and if there is enforcement of the

These rules are followed. Law (2014:795).



§ 5 the provisions on basic customer due diligence and on

ongoing monitoring of the business relationship in 3, 4 and

10 sections do not apply to



1. the Swedish authorities,



2. operators referred to in Chapter 1. 2 § 1-7 and 17-20,

and domiciled



(a)) in the EEA,



(b)) in a State outside the EEA, if the State has provided for

measures against money laundering equivalent to those provided for in

European Parliament and Council Directive 2005/60/EC of 26

October 2005 on the prevention of the use of the

financial system for money laundering and

the financing of terrorism and if there is enforcement of the

These rules are followed,



3. undertakings within the EEA whose transferable securities are admitted

to trading on a regulated market within the meaning of

European Parliament and Council Directive 2004/39/EC of 21

April 2004 on markets in financial instruments and on the

amending Council Directive 85/611/EEC and 93/6/EEC and

European Parliament and Council Directive 2000/12/EC as well as

repealing Council Directive 93/22/EEC,



4. undertakings outside the EEA whose transferable securities are

admitted to the corresponding trade and are covered by the corresponding

information obligation that companies under 3,



5. life insurance, if the annual premium amounts to a

amount not exceeding EUR 1 000 or the single premium

amounts to a sum equivalent to not more than 2 500 euro,



6. pension insurance pursuant to chapter 58. 4 – 16 §§

the income tax Act (1999:1229) that cannot be refunded,



7. pension agreements and pension rights for workers or in the

insured person's professional activity, whether payment is in the form of

deductions on wages and transfer of rights is not

allowed,



8. electronic money under the Act (2011:755) if

electronic money



(a)) if the monetary value that can be stored on an electronic

medium that can not load amounts to a maximum of 250 euros, or



b) in the case of electronic media that can be loaded, the

the currency traded in a calendar year does not exceed

2 500 EUR and a maximum of 1 000 euros may be redeemed during the same

period, or



9. when it comes to real principals behind the joint accounts

managed by lawyers and other independent legal professionals who

is domiciled



(a)) in the EEA, where data about the real head men's

identity can be made available on the operator's

request, or



(b)) in a State outside the EEA, where data about the real

head men's identity can be made available on

the operator's request, the lawyer or the

independent counsel subject to obligations equivalent to those

provided for in European Parliament and Council directive

2005/60/EC of 26 October 2005 on the

the use of the financial system for

money laundering and the financing of terrorism and if there are

enforcement of these obligations are met.

Law (2014:795).



Enhanced measures to achieve customer insight



Notwithstanding the provisions of paragraph 6 of section 5 to an operator

always take enhanced measures to achieve due diligence, if

the risk of money laundering and the financing of terrorism are high.

Such measures should be more comprehensive than the measures provided for in paragraph 3.



In the assessment, according to the first paragraph, the Special

attention is paid to the risks of money laundering or

terrorist financing that may arise with regard



1. products or transactions that could facilitate

anonymity, and



2. new products and business practices and the use of new

technology.



If the circumstances of the case do not show

to the contrary, the high risk of money laundering or financing

terrorism is considered to be



1. when a business relationship is established or a single

transaction carried out with someone at a distance, and



2. in the relations between a Swedish credit institutions and a

credit institutions established outside the EEA. Law (2015:274).



section 6 (a) Notwithstanding the provisions of section 5 to an operator

always take enhanced measures to achieve due diligence when

a business relationship is established or a single transaction

performed with a politically exposed person.



The first subparagraph shall also apply where the customer's real

the main one is a politically exposed person.

Law (2015:274).



section 7 With enhanced measures in accordance with paragraph 6 (a) referred to always



1. appropriate measures to find out where the

assets that are managed within the framework of the business relationship

or the single transaction will,



2. enhancement of the ongoing monitoring of the business relationship, and



3. to obtain approval from the competent decision-makers.

Law (2015:274).



7 a of the measures provided for in paragraph 3, third subparagraph, article 6(a) and 7 section shall also

apply to family members and close associates to

politically exposed persons.



With members of the family means spouse, registered

partner, cohabitants, children and their spouses, registered partners

or cohabiting couples and parents.



With known Associates referred to



1. any natural person who, according to what is known or is

reason to believe, in common with a person in political

exposed persons are real head of a legal person

or legal arrangement or otherwise, or

has had close links with a politically exposed person

position, and



2. the natural person who has sole beneficial owner to a

legal entity or legal arrangement which, according to what

is known or there is reason to believe, actually,

established in favor of a politically exposed person

position. Law (2015:274).



paragraph 7 (b) when a person has ceased to hold such functions

referred to in Chapter 1. 5 § 7, 6 (a) and paragraph 7 of section applied in at least

18 months and until the person is no longer considered

a risk of money laundering or terrorist financing.



When a person referred to in the first subparagraph shall no longer be considered

a risk of money laundering or terrorist financing, the

7 a § shall no longer apply to family members or known

Associates of the person. Law (2015:274).



section 8 With enhanced measures in accordance with paragraph 6, third paragraph 2 referred to

always



1. to gather enough information about the other party for

to be able to understand and evaluate its reputation and

the quality,



2. to assess the counterparty's controls to prevent

money laundering and the financing of terrorism,



3. to document the respective institution's responsibility to take

control measures and the measures it is taking,



4. to obtain approval from the competent decision-makers, and



5. to ensure that the other party has controlled

the identity of customers that have direct access to the accounts of

credit institution and continuous follow up these customers as well as

upon request, provide the relevant customer information. Law (2015:274).



Time for due diligence



section 9 Control of the customer and the beneficial owner

must be completed before a business relationship is established or a

single transaction is performed. Identity verification of

beneficiaries of life insurance need not be made

only in the context of the first instalment of

insurance compensation or when other right under

the insurance contract is exercised for the first time.



If it is necessary not to interrupt the business '

normal time and the risk of money laundering or the financing of

terrorism is low, the control on the occasion of a new

business relationship be made later than provided for in the first subparagraph but

However, should always be completed in close connection to

the connection has been established.



Ongoing monitoring of the business relationship



section 10 an operator to continuously follow the ongoing

business transactions by verifying and documenting that

the transactions are consistent with the knowledge

that the operator has on the customer, their business and

risk profile and, if necessary, where the customer's financial

funds will. Documents, data and information concerning

the control should be kept up to date.



Consequences of that due diligence is not achieved



section 11 of an operator shall not establish a

business relationship or carry out a single transaction if the

customer insight is not achieved. If the business relationship has already been

established under section 9 shall be terminated.



If conditions are such that money laundering or terrorist financing

of terrorism is suspected, the operator shall leave

information pursuant to Chapter 3. § 1.



The first and second subparagraphs shall not apply in the situations

specified in Chapter 3. 2 and 3 sections.



Branches and subsidiaries established outside the EEA



section 12 of the Operators referred to in Chapter 1. 2 § 1-7 and 17-20

shall apply the provisions on due diligence and the conservation of

documents referred to in Chapter 2. even for its branches and


majority-owned subsidiaries established outside the EEA, unless

established the law prevents this.



An operator shall take measures to effectively

managing risk of money laundering and financing of terrorism

If the provisions referred to in the first subparagraph cannot be

apply and notify the financial supervision authority if the

this. Law (2014:795).



Preservation of documents and data



section 13, an operator shall preserve for at least five years

documents and information on measures taken to

achieve customer insight. The time will be counted from the measures

performed or, in cases where a business relationship has

established, the business relationship ended.



Prohibition of anonymous accounts



section 14 of the Operators referred to in Chapter 1. 2 § 1-7 and 17-19

may not bring anonymous accounts or anonymous passbooks issue.

Law (2014:795).



Chapter 3. Reporting requirements



Reporting and auditing obligations



§ 1 the operator shall review the transactions to

able to detect such that it suspects or has reasonable

grounds to suspect, a step in money laundering or

the financing of terrorism.



If the suspicion remains after detailed analysis, data on

all circumstances that may indicate money laundering or

the financing of terrorism, without delay, be submitted to the

The police authority. If the property that the suspects

they relate is available from the responsible party to this

specifically, as well as details of the balances

the customer has with the operator and, where applicable,

information about the beneficiary of the transaction.



An operator shall refrain from carrying out transactions

as the suspect or have reasonable grounds to suspect is

part of the money laundering or terrorist financing. If

It is not possible to fail to perform a suspect

transaction, or if the further investigation would otherwise

be hindered, the transactions performed and information

left immediately afterwards.



At the request of the police authority, the operator or

the professional driver lotteries and gambling without

delay, provide all the information needed for an investigation into

money laundering or terrorist financing.



When the information has been provided in accordance with the second subparagraph, shall also

other natural or legal persons referred to in Chapter 1.

2 – 4 sections provide information for the investigation of money laundering

or terrorist financing authority.



Provisions on the obligation to provide data is also available in 14 a of the

Casino Act (1999:355). Law (2014:663).



1 a of for the purposes of article 55(2) of Regulation (EU) no

1031/2010 is the police authority FIU.

Law (2014:663).



paragraph 1 (b) an operator shall for five years keep data on

the review and analysis of transactions made pursuant to

section 1, second paragraph, first sentence. The time will be counted from the

that the transaction was conducted or from the

the operator refused to complete the transaction.

Law (2015:274).



section 2 of the Lawyers, attorneys at law firm and other

independent lawyers, approved and certified public accountants, and

tax advisers are not required to provide information under

1 § what entrusted to them when they defend or represent

a client in, or concerning judicial proceedings,

including advice on instituting or avoiding a

legal procedure. This applies regardless of whether they have received

information before, during or after such proceedings.



paragraph 3 of the Lawyers and trainee lawyers at the law firm, other

independent lawyers, approved and certified public accountants, and

tax advisers are not required to provide information under

section 1 of the information relating to a client and they

in connection with assessing the client's legal

situation.



Message ban



section 4 of the natural person, legal entity, its

Directors and employees shall not disclose to the customer

or to any third party that a review has been carried out

or that the data submitted under paragraph 1 or 7 or to

an investigation is being carried out or may be carried out.



The first subparagraph shall not preclude such a task left to the

a supervisor in a disciplinary case or any other matter

that justifies such a task is left.



section 5 of the natural or legal persons who provide data with

under paragraph 1 shall not be made responsible for having infringed

confidentiality, if the physical or legal person had

reason to expect that the task should be provided. The who

to supply information pursuant to article 7 may not be made

responsible for having infringed the obligation of secrecy. The same applies to

a member of the Board or an employee who submits data for

the natural or legal person's behalf.



In the case of the European company and the European cooperative that has such a

the management system referred to in articles 39 to 42 of the Council

Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute

for europabolag7 or articles 37-41 of Council regulation

(EC) No 1435/2003 of 22 July 2003 on the Statute for a European

cooperative society (SCE) 8 shall apply

the provision on the Board in the first paragraph on the Board of

the regulatory body. The same applies to the provision of

members of the Board in paragraph 4 If the notification ban.



The second paragraph of section 16 of the Act and section 22 (2004:575) on the European company

and paragraph 21 and section 26 of the Act (2006:595) about

the European cooperative society States that the provisions of the second subparagraph

shall also apply to members of an SE or an

European cooperative management or administrative organ.



In chapter 29. section 2 of the companies Act (2005:551), chapter 13. section 2 of the Act

(1987:667) on economic associations, Chapter 5. section 2 of the foundations Act

(1994:1220) and 37 § Auditing Act (1999:1079), see

specific provisions relating to the liability of the Corporation,

economic associations, foundations and some other companies.



Supervisory duty to notify



section 6, If a supervisor during an inspection of a physical

or legal person, or otherwise have discovered a

circumstance likely to be associated with or constitute

money laundering or terrorist financing, the authority shall

without delay inform the police about this.

Law (2014:663).



System for responding to requests



section 7 an operator referred to in Chapter 1. 2 § 1 – 7 and

17-20 should have a system to quickly and fully able to

provide information on whether those in the last five years

have had a business relationship with a particular person and, if so

would be the case if the nature of the relationship. Law (2014:795).



Outline the prohibition



section 8 if there is reason to suspect that the property in the form of

money, debt or other right is subject to

money laundering or intended for the financing of terrorism and

the property is located in an establishment or undertaking,

Police or security police decide that the property

or an equivalent value may be transferred until further notice

or distributed in any other way (outline).



Decision on the prohibition of the outline may be notified only if it is

danger in delay and it could reasonably be expected that the property

otherwise it will be removed and the reasons for the action

outweigh the infringement or otherwise which it entails.



If the conditions referred to in the first and second paragraphs are

met, the police authority to make decisions about

outline the prohibition even at the request of a foreign

FIU. Law (2015:443).



§ 9 a decision about disposition prohibition shall as soon as possible

be notified to the Prosecutor, who shall forthwith ascertain if the action

should be composed. The Prosecutor's decision cannot be appealed.



There are no longer grounds for action should it be lifted.

The measure expires after two working days elapsed from

Police or Security Police's decision, if it is not

been lifted before it.



The operator shall immediately be informed that a

action has been decided or been lifted.



Anyone who has been affected by a decision about disposition prohibition shall

be informed of the decision when it can be assumed that the purpose of a

determined or predicted action not be countered and the

future investigations will not be damaged if the information divulged. Decision on

notification issued by prosecutors. An intelligence need

is not provided, if the circumstances

obviously without significance. Law (2015:443).



Chapter 4. The processing of personal data



Scope of application



section 1 of This chapter shall apply in the case of operator's treatment

of personal data in order to prevent financial

activities and other business activities are utilized for

money laundering or terrorist financing. The chapter applies to

If the processing is wholly or partially automated or if

the personal data form part of a filing system or are intended to form part of a

structured set of personal data which is available

for searching or compilation according to specific

criteria.



Personal data Act (1998:204) applies at the operator's

the processing of personal data, unless otherwise provided by this

Chapter. Law (2015:274).



Sensitive personal data



2 § sensitive personal data referred to in paragraph 13 of

personal data Act (1998:204) may be processed only if it is

necessary in order to



1. assess whether the customer is a person referred to in Chapter 1. paragraph 5 of the

7 or 2. 7 a of the second and third subparagraphs,



2. preserving the documents or information referred to in Chapter 2. section 13,



3. meet the data and audit requirement of 3

Cape. Article 1, first subparagraph and second subparagraph, first sentence,

or



4. preservation of data pursuant to Chapter 3. paragraph 1 (b).

Law (2015:274).




Information to the data subject



3 § informed that personal data are processed in accordance with Chapter 3. 1 §

the first sentence of the second subparagraph shall not be disclosed to the

registered. Law (2015:274).



Works mail merge



section 4 an operator's records may not be run in conjunction with

corresponding records in another. Law (2015:274).



Rectification and indemnity



§ 5 When personal data are processed in accordance with this chapter shall

the provisions of §§ 28 and 48 personuppgiftslagen (1998:204)

shall apply mutatis mutandis. Law (2015:274).



Professional secrecy



paragraph 6 of The working of an operator may not

unauthorized disclosure of that data are processed according to section 2 or 3

Cape. section 1, second paragraph, first sentence.



Liability under Chapter 20. paragraph 3 of the criminal code should not follow the

that violates the prohibition referred to in the first subparagraph. Law (2015:274).



Chapter 5. Risk assessment, risk-based procedures, training and

protection of workers and the prohibition of links with

shell bank



Risk assessment, risk-based procedures and training



section 1 the Operator shall identify and assess the risks of

money laundering and terrorist financing in its operations.

The risk assessment should be documented and kept up to date.



Operators shall have risk-based procedures to

prevent business being used for money laundering or

the financing of terrorism and to respond to the employees

ongoing information and training

needed.



Where a natural person falling within the scope of Chapter 1. section 2, pushing his

activities as an employee of a legal person, shall

obligations to carry out a risk assessment and to maintain

procedures apply to the legal person. When it comes to

activities referred to in Chapter 1. 2 § 8 obligations should also

apply to the natural person. Law (2015:274).



Protection of employees



2 § the Operator should have procedures and take appropriate measures in

Moreover, as necessary to protect employees from threats or

as a result of hostile action to the review or

Reporting suspicions of money laundering or the financing of

terrorism.



Relationship with a shell bank



paragraph 3 of the Credit institution shall not establish or maintain

relationship with a shell Bank and shall ensure that such

relations nor is established or maintained with

credit institutions that allow their accounts used by such

banks.



Chapter 6. Supervision



§ 1 in respect of supervision of the operations referred to in Chapter 1. section 2 of the

11, 12 and 14 to 16 shall apply to this chapter.



Provisions on the supervision of any other activity referred to in 1

Cape. section 2 can be found in the laws governing these

operators.



section 2 of the Supervision is to prevent financial

activities and other business activities are utilized for

money laundering or terrorist financing. Through supervision

Verify that the business is run in accordance with this Act and the

regulations issued under the law.



section 3 of The who intends to carry out activities referred to in

Chapter 1. 2 § 11, 12 and 14 to 16 shall notify the

The companies registration office.



section 4 of the activities referred to in Chapter 1. 2 § 11, 12 and 14 – 16 may

do not operate if the notification referred to in paragraph 3 have not been made.



The supervisory authority shall submit to the operating

referred to in the first subparagraph without having notified this to do

notification. It is uncertain if there is obligation for

a given activity, the supervisory authority may impose

the person to provide the information about the activities that are needed

to assess whether that is the case.



If the person fails to comply with an injunction which has

adopted in accordance with the second subparagraph, the supervisory authority shall

order the person to cease operations.

Law (2015:274).



paragraph 5 of the materially breached

obligations in the course of trade, or who have made themselves

guilty of serious criminality may not engage in

activity that is notifiable under section 3. If

the responsible party is a legal person, does this apply

ban the person who has a qualifying holding of shares in the

legal entity or included in its management.



If the requirement referred to in the first subparagraph are not fulfilled by a

operators who have made a notification in accordance with paragraph 3,

the supervisory authority if



1. the business is run by a natural person, he shall submit to the

to cease operations,



2. the business is run by a legal person, submit to him

to make the correction and, if the correction is not made, submit to the

the person to cease operations, and



3. it is he who has a qualifying holding of shares in

the legal person which does not satisfy the requirement in the first

paragraph, submit to him to dispose of so much of the shares

or shares to its holding then is not qualified

or, if the holder is a legal person, to replace the

disqualified person in its management.



With a qualifying holding ' means the same as in Chapter 1. paragraph 5 of the

15 Act (2004:297) on banking and finance law.

Law (2015:274).



section 6, where a person who is subject to supervision under this chapter

become aware that changes have taken place in the circuit that has

a qualifying holding in the company or in its

management, the person shall notify the change to the

the supervisory authority.



section 7 of the regulatory authority may, in addition to that which follows from paragraph 4 of the

submit to the operator of the activity covered by this

Chapter to provide the information and give access to the

documents needed for supervision.



If an order referred to in the first subparagraph are not complied with, the

the supervisory authority shall submit to the operator to cease

with the business.



The supervisory authority may, whenever it considers it to be necessary,

conduct a survey of an operator who is

registered into Bolagsverket's registry. Law (2015:274).



7 a of the regulatory authority may also impose a

operator to make the correction, if the operator

violates a provision of this Act or a regulation

has been notified pursuant to this Act. If the correction is not made,

the supervisory authority may order the operator to

cease operations. Law (2015:274).



section 8 If a natural or legal person who is recorded in

Bolagsverket's register reports that business has been discontinued

or if it otherwise appears that that is the case, shall

the work, remove the person from the register.



§ 9 notice under this Act may be subject to a penalty.



paragraph 10 of the decision pursuant to paragraph 4, second subparagraph, second sentence, or paragraph 7 of

the first subparagraph may not be appealed.



Moreover, the decisions under this chapter shall be appealed to

General administrative courts. In such cases,

the regulator decide that the decision shall apply

immediately.



Leave to appeal is required for an appeal to the administrative court.

Law (2015:274).



Chapter 7. Section 1 of the liability provision to fine person who

intentionally or recklessly



1. override audit or obligation under

Chapter 3. paragraph 1, or



2. violate message prohibition in Chapter 3. 4 section.



Chapter 8. Appropriations



section 1 of the Government or the authority, as the Government determines

may provide for



1. measures for risk-based customer due diligence under Chapter 2. section 1,



2. basic customer due diligence measures pursuant to Chapter 2. section 3,



3. derogations from the provisions concerning basic measures

customer due diligence, in accordance with Chapter 2. section 5,



4. which 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 pursuant to Chapter 2. paragraph 3 of the fourth

subparagraph,



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



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



7. risk assessment under Chapter 2. 7 b,



8. measures for ongoing monitoring of the business relationship

According to Chapter 2. section 10 and how these should be documented,



9. what documents or information used to achieve

due diligence shall be preserved pursuant to Chapter 2. section 13,



10. review and disclosure of information as referred to in Chapter 3. section 1,



11. retention of data for review and analysis of

transactions referred to in Chapter 3. paragraph 1 (b),



12. the identification, risk assessment, procedures to be followed

as well as the information and education that should

be provided to the employees in accordance with Chapter 5. paragraph 1, and



13. the necessary measures and procedures to protect employees

According to Chapter 5. 2 §. Law (2015:274).



Transitional provisions



2009:62



1. This law shall enter into force on 15 March 2009, when the law

(1993:768) on measures against money laundering and the law (1999:163)

If laundering registers shall be repealed.



2. operators shall take measures to achieve

due diligence when it comes to business relationships that have

established before the entry into force, as appropriate

on the basis of an assessment of the risk of money laundering and

the financing of terrorism.



2015:274



1. this law shall enter into force on 1 June 2015.



2. For supervisory matters initiated prior to the entry into force

apply to Chapter 6. 4, 5 and 7 of the older wording.



3. The provision in Chapter 6. section 7 does not apply in respect of

supervisory matters initiated prior to the entry into force.