Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. If It Does Not Include The Changes Made Later. The Financing Of Terrorism Prevention Of Law

Original Language Title: Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. TERÖRİZMİN FİNANSMANININ ÖNLENMESİ HAKKINDA KANUN

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k6415.html

Law No. 6415

Acceptance Date: 02/07/2013




PART ONE Purpose, Scope and Definitions Purpose and scope

Article 1 (1) Under this Act, to effectively fight terrorism and financing of terrorism; International Convention for the Suppression 1999 the Financing of Terrorism and the United Nations Security Council is prepared to determine the principles and procedures concerning the freezing of assets of the regulation of the decisions of the financing of crime and terrorism applying for combating the financing of terrorism and terrorism under this Act and for the prevention of terrorism financing.

Definitions Article 2 (1) the implementation of this Act;
A) The Presidency: Financial Crimes Investigation Board,
b) Evaluation Commission: Freezing the Evaluation Commission of property,
c) Fund: movable, which can be represented by the money or the value of money or immovable, tangible or intangible of all kinds property rights, they represent all kinds of documents with receivables
d) Assets: located in a natural or legal person's ownership or possession either directly or them together converted the resultant benefits and value of the funds and revenues of indirect control
d) assets of freezing: assets of the abolition of the consumption, the transformation of the transfer, in order to prevent the transfer and of the assignment and other disposition transactions, saving the authority removed or be restricted on the property, represents
.

SECTION
the Financing of Terrorism Crime
Fund provision or collection of prohibited acts
Article 3 (1) to provide funding to the realization of the acts listed below or collection is prohibited:
a) to intimidate a population or to intimidate or forcing a government or international organization to perform or abstain from performing any act, intentional acts of murder or grievous bodily harm.
B) 12/4/1991 and 3713 Anti-Terrorism Act, which is considered a terrorist crime under acts.
C) which Turkey is a party;
1) Unlawful of aircraft in the Convention on the Prevention of Hijacking of ways,
2) Convention for the Suppression of Unlawful Acts Against Civil Aviation Security,
3) via Diplomatic Agents also Including Prevention of Crimes Against Internationally Protected Person of and the Convention on the Punishment
4) Against Hostage offense in the International Convention
5) on the Physical Protection of Nuclear Material, the Convention
6) Civil Aviation Against the Safety of Unlawful my supplementary to the Convention for the Prevention of Action, the International Civil Aviation Serving airports unlawful Protocol for the Suppression of Acts of Violence,
7) Against the Safety of Maritime Navigation in the Convention for the Suppression of unlawful Acts,
8) Continental Shelf for the Suppression of unlawful Acts Against the Safety of Fixed Platforms Located on the protocol, the
9) Suppression of Terrorist bombings regarding the International Convention
it prohibited and acts as organized crime.
Terrorism financing offense
Article 4 (1) Article 3 full realization of the acts are offenses under the partial or used for the purpose or to use it knowingly and willingly a certain verb associated without even providing funds to a terrorist or terrorist organization or person collecting, If the actual creating another that requires more serious criminal offenses, shall be punished with imprisonment up to five years to ten years.
(2) According to the first paragraph must be used in the commission of a criminal offense is not required to grant funds.
(3) of the crimes falling within the scope of this article by using undue influence on the public duty case, the penalty shall be increased by half.
(4) In case of a legal person committed within the framework of the activities of the crime, it shall be subject to their specific security measures.
(5) Crime, in case of a foreign state or an international organization to be committed against, investigate and prosecute depends on the demand of the Minister of Justice.
(6) of Law No. 3713 on investigation, prosecution and enforcement related provisions are implemented in respect of these crimes.
Freezing of Assets


SECTION United Nations Security Council resolutions

Article 5 (1) of the United Nations Security Council 1267 (1999), 1988 (2011) and 1989 (2011) persons listed in the decree, organization or decision to freeze the assets at the disposal of the organization, the Council of Ministers without delay the decision published in the Board's Official Gazette applied.
(2) The decisions, by the Ministry of Foreign Affairs of the United Nations, reported to the Security Council.
(3) United Nations Security Council through the Ministry of Foreign Affairs and the Presidency will be held by the applicant against the decision of the United Nations transmitted to the Security Council.
Claims by foreign states
Article 6 (1) a person by a foreign state government in relation to the organization or freezing of the assets at the disposal of the organization in the event of a request from Turkey, the Evaluation Commission considered the request of Ministers shall be decided by the Board. This reciprocity is observed in the evaluation. to decide, the reasons should be submitted with the claim by the foreign state.
(2) The request shall be made to the Ministry of Justice or Ministry of Foreign Affairs to be forwarded to the Presidency or the Presidency.
(3) for the fulfillment of requests for the freezing of assets of the government of a foreign state may be requested from the relevant state guarantees.
(4) The Council of Ministers decision on requests for the freezing of property, the State is notified by the Ministry of the requesting State.
(5) from the decision to freeze the assets given under this Article within one year of the date of publication in the Official Gazette, unless removed decision on the investigation initiated by the requesting state.
Foreign states
action to be taken on the assets in Turkey and demands the freezing of assets to be held Article 7 (1) Article 5 and outside issues regulated in Article 6 of the Evaluation Commission, 3 rd and 4 that perform actions within the article scope Referring to the existence of reasonable grounds in respect of persons, institutions or organizations;
A) the request for the freezing of assets located in foreign countries Ministers to be made recommendations to the Board
b), related in connection with assets in Turkey 4.12.2004 dated 5271 Law pursuant to a criminal complaint with a request for an investigation, may
decision.
(2) foreign states to the Council of Ministers decision on the request for freezing of assets to be made, the State reported on the current state of the request by the Ministry. Research

Article 8 (1) study on freezing of financial assets is fulfilled by the decision of the Presidency. The information requested in the real and legal persons with public institutions and organizations in order to fulfill this task required procedures, forms and forwarded to the Presidency without delay in time.
(2) Justice, National Intelligence Organization Undersecretary of the Interior and Foreign Ministries, Treasury and other relevant public institutions and organizations, information on the 6 th and 7 to be taken concerning the freezing of assets within the scope of application of Article decisions and requests to be made, documents and findings reports evaluating the Presidency.
(3) Research results, presented by the Chair of the Evaluation Commission.
(4) to be made regarding the freezing of property research operations are carried out in accordance with the privacy principles.

Evaluation Commission Article 9 (1) Article 6 and Article 7 of the scope of the freezing of property concerning the freezing of assets of the Evaluation Commission was established. Evaluation Commission, chaired by the Financial Crimes Investigation Board Chairman, Prime Minister of Security Affairs Director General, National Intelligence Organization Deputy Undersecretary, Ministry of Interior Deputy Undersecretary, Ministry of Justice Criminal Affairs Director General, Ministry of Foreign Affairs Research and Security Affairs General Director of Treasury and Financial Sector Relations and Foreign Exchange It consists of the Director General.
(2) Opinion and knowledge are required institutions and representatives of organizations may also be invited to the Evaluation Commission.
(3) Evaluation Commission will decide by the participants collected by proxy duly appointed members or to place mentioned in the first paragraph for at least five of their vote.
(4) secretariat services of the evaluation carried out by the Presidential Commission.

(5) Evaluation Commission to the chairman and members for each meeting (4000) index figure calculated by multiplying the amount at the meeting fee is paid civil servant salary coefficient. These payments are not subject to any exception of stamp duty and a tax deduction.
(6) Evaluation Commission of the working procedures and principles specified in the regulation. Violation of the legal consequences of the decision to freeze the assets is

Article 10 (1) all kinds of savings and transactions of property in violation of the freeze decision is null and void. These savings and dated 22/11/2001 regarding the transaction and 4721 are reserved for provisions relating to the protection of the goodwill of the Turkish Civil Code. The notification and announcement of the decision

Article 11 (1) freezing the assets taken according to the provisions of this Law and decisions on the abolition of this decision is published in the Official Gazette. The decision on publication, the decision to freeze on assets of individuals and organizations deemed to be notified about.
(2) Freezing of Assets in the decision; The decision about who is given, causes, scope, time and duration of contact with the legal remedies that can be applied against this decision is located.
Freezing Assets of execution of the decision
Article 12 (1) Freezing Assets of the decision and the decision on the abolition of this decision have legal effects, together with its publication in the Official Gazette.
(2) of this Law shall be responsible for the fulfillment of presidential decision to freeze the assets according to.
(3) it issued a decision to freeze the assets and all other assets and liabilities with the assets and information related to their bases; The natural and legal persons who are or will borrow from them information on the take or basis to the amount of debt that the decision to freeze the assets within thirty days from the date of its publication in the Official Gazette shall inform the Presidency.
(4) The decision of freezing of property, Article 128 of Law No. 5271 on the request of the Presidency fulfilled without delay in accordance with the procedure laid down in the third to seventh paragraphs.
(5) the fulfillment of the claimed decision freezing of property with real and legal persons, public institutions and organizations; before the asset if there is record, and has since requested information about the frozen assets will report to the Presidency within seven days.
(6) Property in the event of the occurrence of any increase, this increase is subject to the provisions of the freezing of the assets.
(7) decisions on the abolition of the decision to freeze the properties, the person performing the freezing decision by the Presidency under the fourth paragraph shall be notified to the authorities or institutions and published in the Official Gazette.

Management of frozen assets Article 13 (1) of the decision on freezing assets management belongs to natural or legal persons concerned. However, this article except for transactions in the second and third paragraphs, assets frozen people to the elimination of these assets, consumed be converted to, transferred to, in the process for the transfer and assignment to or other savings can not make. the fulfillment of the decision to freeze the assets of natural and legal persons with a request for public institutions or organizations that can not provide for the realization of such transactions and kolaylaştıramaz.
(2) Assets frozen real people and ensure that dependents of their immediate subsistence or commercial businesses and other legal entities to ensure that they can continue their activities;
A) land and immovable property, marine and other people on transported as air transport in favor of real or personal rights facility,
b) the use of the bank or other financial savings authority on corporate accounts in,
c) natural or legal all kinds of people before the rights and the use of disposal of the receivables
d) the use of disposal of the valuable documents,
d) the use of disposal of the shareholding in the company,
e) for safe use of discretion on the existing ones,
f) maintenance by commercial enterprises or other entities of goods and services trading, operation, maintenance expenses, books and recorded liabilities of documents, lease, loan, trustee services, insurance premiums, legal fees, implementation of mandatory payments such as wages and salaries It can be done with the permission of the Presidency
operations.

(3) tax to be paid from frozen assets, duties, fees, rent, social security premium payments required to be made to all kinds of organizations or public bodies, such as the public nature performed without permission. However, this process can also hold the presidency still deemed necessary subject to authorization.
(4) immovable land, sea and air vehicles, such as other people moved over in favor of real or personal property rights to be allowed in the case;
A) a copy of the text of the Convention,
b) According to the agreement must be paid in exchange for money and the amount of the other assets of value, payment calendar, information on bank account payments will be made as of the date of the facility
right at least fifteen days given to the Presidency.
(5) all kinds of ice cream to the decision that decided the freezing of assets to be paid from the date of its publication in the Official Journal, but can be made to a bank account belonging to these people. Assets frozen people in the center or branch accounts by the Presidency on behalf of persons or accounts in a bank in Turkey is tripped.
(6) allow for the management of frozen assets; or a person or persons to be given as a once-off or time limits or under certain conditions.
(7) The Presidency may change the scope or duration of the authorization given in cases deemed necessary or cancel.

Control Article 14 (1) The Presidency;
A) Reserve Position in assets contain the person and whether they comply with the organization of the freezing decision,
b) whether the management of frozen assets are fulfilled in accordance with the provisions of this Act, to control
, related books needed, and research on documents and records 5549 dated 11/10/2006 and available for review in the Law on Prevention of Laundering Proceeds of Crime Article 2 of paragraph (e) of the control elements mentioned in paragraph Presidency appoints or finance professionals who are employed.
(2) assigned to those pursuant to paragraph 10/2/1954 dated 6245 Allowance Law prejudice, (7000) the index figure of the civil servant monthly surcharge to the presidential approval to exceed the amount found by multiplying the monthly coefficients are paid. These payments are not subject to any exception of stamp duty and a tax deduction.
Criminal provisions
Article 15 (1) of this Act pursuant to the provisions in bringing fulfill or meet the requirements of the decisions taken concerning the freezing of assets of persons showing negligence or delay acts that require a more severe penalty if the creation of another crime, six months to two years imprisonment or criminal fines up to.
(2) the first paragraph within the scope of people who do not fulfill the requirements of the decisions taken concerning the freezing of assets, although not or bodies or their representatives have an organ or representative of a legal person, in case there was undertaking tasks within the framework of the activities of legal entities also the legal person ten thousand pounds to one hundred thousand administrative fines of up to pounds given.
SECTION FOUR Miscellaneous and Final Provisions



Applicable provisions and send in Article 16 (1) in the case of absence of provisions in this Act, the 5549 Act, the provisions are not contrary to this Law.
(2) In the legislation, the dispatch made to Article 8 of Law No. 3713 abolished by this Act shall be construed to repealed the 4th article of this Law.
Allocation of cadres and
Article 17 (1) attached to be used in the Presidency (1) having been established positions in List No. 13/12/1983 dated and 190 numbered General Staff and Procedure addition of the Decree on Law (I) the section has been added to the schedule of the Ministry of Finance.

Removed provisions of the current Article 18- (1) 3713 is repealed Law No. 8 of Article.

Regulation Article 19 (1) principles and procedures for the implementation of this Law, Justice, Foreign Affairs, a regulation drafted jointly by the Ministries of Interior and Finance. Regulations from the date of entry into force of this law is put into effect within six months. the implementation of the present resolution

Provisional Article 1 (1) of this Act shall, before the date of entry into force of this Act the Council of Ministers in the fulfillment of the decisions taken by the Council to freeze the assets.

Enforcement Article 20 (1) This Law shall enter into force on the date of publication.

Execution ARTICLE 21- (1) This Law shall be enforced by the Council of Ministers.


(P. Number 409)



(1) ANNOUNCEMENT LIST

AGENCY: MINISTRY OF FINANCE
ORGANIZATION: CENTRAL



Established in THE STAFF Class
Title
Degree
Total
Total
Free Staff
Held Staff
GPP
Head of
1
1
-
1
GPP
Finance Specialist
5
10
-
10
GPP
Finance Specialist
3
5
-
5
GPP
Finance Assistant Specialist
7
15
-
15
THE
engineers
1
3
-
3
THE
engineers
5
3
-
3
THE
engineers
8
3
-
3
TOTAL

40

40