The Turkish Grand National Assembly Warning: You Are Viewing The Law, Parliamentary General Assembly Accepted. If It Does Not Contain Any Changes That Are Made Later. The Law On Laundering Proceeds Of Crime

Original Language Title: TÜRKİYE BÜYÜK MİLLET MECLİSİ Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. SUÇ GELİRLERİNİN AKLANMASININ ÖNLENMESİ HAKKINDA KANUN

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TURKISH GRAND MULLET

Warning: The Law you are viewing is considered to be accepted at the General Assembly of the TBMM. It does not contain any later delics if it exists.


 

 

LAW ON PREVENTING CRIME OF CRIME

Kanun No. 5549

 

Date of Admission: 11/10/2006      

 

SECTION OF THE REGION SECTION

Purpose and Tantas

Purpose

MADDE 1- (1) This Law The goal is to determine the basis and the essences of preventing criminal proceeds from laundering.

Tanks

MADDE 2- (1) Last in this Law;

a) Ministry: Finance Minister,

b) Minister: Finance Minister,

c) President: A Review Of The Board Of Malarial Crimes,

ç) Coordination Board: The Coordination Council for Combating Financial Crimes,

d) Liable: Banking, insurance, individual retirement, capital markets, lending and other financial services in the field of mail and holiday, fortune, and betting games; foreign exchange, non-exchange, commercial and mineral, jewelry, transport, business machinery, historical monuments, art and antiquities trade, or those of the people who are involved in the trade. The notarians, sports clubs and Ministers, through the activities of the activities Those who operate in other areas designated by the convention,

e) Control employee: Finance Excellence, Account Specialists, Customs Deas, Revenue Controllers, Banks Sworn Stamps, Treasury Controllers, Banking Regulation and Supervision Agency, and Capital Markets Board Specialists,

f) Crime revenue: Crime caused by crime,

g) Proper crime: Crime held on 282 nci of the Turkish Penal Code, dated 26/9/2004 and numbered 5237,

refers to.

REGION OF A REGION

Obligations and InformationDeðiþimi

Identification identification

MADDE 3- (1) Obligations, themselves , or when they are in the process they are done, they must identify the identities of the people who are involved in the names or accounts of the people who are involved.

(2) TheBakanlýkis authorized to determine the actual document nevials for the identification. The type of action, which requires identification, is determined by the monetary data of these, and the other guidelines and guidelines for the subject are determined byyönetmelikle.

Statement of policy statement

MADDE 4- (1) Obligations or are made available by or through obligations. They are responsible for any information, information, or any other information that may require any information, such as law, or any other information that may be used for the purposes of the law, as well as the law. It is mandatory to notify the State of the State.

(2) Obligations are made in a state-of-the-state statement of operation, charged with liability control they cannot open to anyone, including those who are interested in the action, during the courts at the time of the trial with the control staff.

(3) which activities of the obligations, and what usi and esadian business declaration shall be in the declaration of the is determined by the regulation.

Egitim with internal control, control and risk management systems measures

MADDE 5- (1) Ministry; this In accordance with the purpose of the law, internal audit, control and risk management systems are being built and required to comply with the obligations that are brought with this Code, including the required authority and the required authority, including the appropriate administrative and necessary authority, required about the execution of the measures, the push sizes and the iaries It is authorized to determine its obligations and applications, taking into account their volumes.

Export more information

MADDE 6- (1) Obligations are either party or they are They have to inform the Minister of the amount of people who are going to be identified as the Minister.

(2) The type of action in the process of giving information, the extent of which information is given, and in what times, is the scope of It is determined by the Ministry of obligations and principles that will be implemented with the obligation to be held.

(3) The public institution and its organizations are responsible for the implementation of this Law, as well as the public institutions and organizations of the They may also be asked to provide more information from the organization and the installation. It is determined by the regulation that provides information about who, according to which, and essals.

Exporting information and documentation

MADDE 7- (1) Public institutions and installations with real and legal entities non-legal entities, all information, documents and records of any information to be requested by the employees and supervises, all necessary information to make or read the access to these records, and Full and accurate, and easy to do It's liable to sell it.

(2) Claims of a claim by the Yukarya are the right to defend, private and private. They will not be able to avoid giving information and documents, saying the laws in law are followed by the law.

Conservata and ibraz

MADDE 8- (1) TheYükümlülerObligations, this The liability for the law and its obligations, in any environment, from the date of edit documents, ledger and records from the last date of registration, and the identification of documents for eight years from the date of the last action date; and with the authorities in the event of a request. is required.

Access system

MADDE 9- (1) Economic or activity considerations The Ministry of Information and Information of the Ministry of Information and Information of the institutions and organizations of the public institutions with the public institutions and organizations that are involved in events, wealth elements, taxpayer money, population information and law-related activities are public institutions and organizations. or public institution, or organization of A system of authorized organs can be established together, and within the framework of the basic access system, the system can be established.

(2) Public-owned banks with public capital banks excluding Republic Central Bank of Turkey are first-fikra The scope of the system is not available.

Protection of obligations

MADDE 10- (1) This is the key that meets its obligations real and legal entities cannot be held responsible for legal and criminal care in any way.

(2) For those who are in the state statement even if convicted on special law, the court will not dýþýndamay not be informed of the third party, organization, and installation of . In order to keep these people's identities stored and trusted, the court will take the necessary precautions.

Obligation control

MADDE 11- (1) This is the Law and The audit of the obligations brought on by the relevant legislation, Finance Obligations, Account Specialists, Customs Obligations, Revenues Controllers, Banks Affidavits, Treasury Controllers, and Capital Markets Instead of the installed experts will be brought.

(2) The focus is on the individual or an audit program of the control that will be made under the obligation request. The unit that is being claimed is required to fulfill that demand. Finance Appropriations, Account Experts, Customs Officials, Banks Affidavits, Revenue Controllers, Treasury Controllers, Banking Regulation and Supervision Agency, and Capital Markets Board Specialists are expected to be employed at the request. The proposal for the unit supervisor on it is determined by the approval of the minister or the current Secretary.

(3) Administrative employees charged with liability control include public institutions and installations under this Law. to request information, documents and legal books from real and legal entities and non-legal entities, and to review all documents and records in the cold, written from them, and to obtain oral information. They also use the powers that are given by the other laws.

(4) Administrative elements identify as they do tasks that are given to their own task fields as they are given to the institutions. He will report any liability they have received.

Internationation informationdeðiþimi

MADDE 12- (1) Internationalate on issues that are in the task area to sign the memorandum of understanding and sign the memorandum of understanding, which is not qualified to the international agreement with the foreign countries, and the President of the Board of Criminal Offences of the Republic of Turkey. The memorandum of understanding and decisities will be followed by the decision of the Council of Ministers.

THIRD PART

Penalties, Apples, and Decisions Notice

Administration penalty for an obligation to be charged

MADDE 13- (1) The 3 and 6 items of this Law and 4 of the In the first case, theYeniobligations are issued to the new Turkish Lirado, as well as the obligations that breach any of the obligations that are contained in the . If the obliged bank, financing company, factoring company, bonuses, financial leasing company, insurance and reacation company, pension company, capital market institution or authorized party are applied, administrative fines are applied twice as required.

(2) In the first section of article 4, 3 of this Law The two thousand New Turkish Liramen are also fined for the non-fulfillment of the liability if the obligations that are in place are not met.

(3) The obligations that do not comply with the obligations contained in the 5th Amendment of this Law, the completions and the required for the duration of the measures is given in the period of 30 days. In the given period, the first phase provisions are applied to the obligations that do not resolve the deficiencies and take the necessary measures.

(4) no administrative fines can be issued after the breach has been violated since the date of the breach.

(5) The other information regarding this matter is determined by the regulation that will be played by the Ministry.

Criminal liability for liability

ARTICLE 14-(1) The second of the 4th item of this Law is with 7 and 8 are liable for up to three years in prison and fines for up to three days a year in prison and fines.

(2) Security measures that are specific to legal entities are to be ruled out of this criminal case.

The failure to declare the step in the stephesabýna

MADDE 15- (1) Identity to be made in or through obligations In the actions that require the detection, the person who acts on his own and but in his view is up to one year in prison or up to one, unless he is notified of the obligations of who to act before doing these steps. He will be punished with criminal charges.

açýklamaCustoms administration explanation

MADDE 16- (1) Turkish money, foreign exchange, or payment of Travellers who bring the documents abroad or bring them to the country at the request of the customs administration are responsible for making full and full comments about them.

(2) Not making any comments, if requested by authorities, or to open a fire or fire. In the event of construction, the passenger-related deities are maintained by the customs administration. If the customs administration does not open the amount of passengers who are not in the comments, they will be fined as much as one-tenth of the difference between the number of passengers who are opening the amount. Reported to other related mergers, including the exception of the situation in which the condition is being reported. For differences up to the thousands of New Turkish Lirasas, this fikra provision does not apply.

Seize

MADDE 17- (1) The number 5271 in the strong case of the charge of financing the charge and financing of terrorism is 5271, according to the number 128 product of the Code of Criminal Procedure Code 128 It can be done.

(2) In the case of a delay, the Republican prosecutor may also decide to confiscate it. The current seizure of the judge's decision is submitted to the judge within twenty-four hours of the charge. The judge decides whether or not to approve it within twenty-four hours at the latest. The decision of the Republican prosecutor will remain void if it is not approved.

Statement of decisions

MADDE 18- (1) Description and The indictment against the financing of terrorism, or an indictment of the indictment, issued as a result of the prosecution and an example of the seizure of this Law according to Article 17 of the Law. relevant Republic prosecutors by the end of the following month, and It will be sent to the court by the courts.

FOURTH PART

Office and Coordination Installed

Task and entitlements of the service

MADDE 19- (1) Finance of the Malical Crimes Council is Finance The Minister will be able to be a member of the task and authorities:

) To develop policies and develop implementation strategies to prevent criminal proceeds from laundering, To ensure coordination between institutions and setups, to make joint plays, and to be able to collaborate and to make information about the institutions and organizations.

b) To prepare law, charter and regulations within the framework of the policies specified, this is the case with the Law. To make arrangements for the implementation of the decisions of the Council of Ministers.

c) To prevent and expose the crime of laundering and anti-laundering to conduct research on methods.

) To conduct sectoral plays, develop and implement measures to prevent criminal proceeds from laundering. Watch.

d) To make efforts to increase public sentiment and support.

) To collect data in the scope of laundering of criminal proceeds and the prevention of terrorism, the company has to receive, analyze, and depress their notifications.

f) Review and review of each of the levers and other units in their field of operation when needed during the dec process process. to make a request for a call.

g) To investigate and inspect, research, or conduct business related to the scope of this Law.

), in the case of an investigation and review resulting in the fact that the facts of the facts were found in the process of laundering, To file criminal charges against the Commonwealth office to make the necessary action according to the provisions of the Criminal Procedure Code.

h) To examine matters that have been incriminated by the Commonwealth's prosecutors and to determine the crime of the laundering charge to fulfill demands.

) The financing of a poll or terror is serious about the amount of In the case of the current situation, the relevant Republic is to be taken to the public prosecutor's office.

i) To check for liability under law and related legislation.

j) Public institutions and its organizations, real and legal entities, and all kinds of information and applications that are not legal entities document for the document.

k) Information and residency are needed, and people in other public institutions and organizations are working. to demand that they be temporarily deployed within the body.

l) To execute, see, international relations on topics that enter the task area And information is to be found.

m) To provide information and documents with the institutions of the foreign countries, and to this end, the international agreement is imzalamakto sign a memorandum of understanding that is not qualified.

(2) The unit that is being referred to as the first of the first (f) is the unit that the claim has been made to And so on.

(3) investigating and inspecting a charge of laundering charges should be performed by the audit staff will. Control personnel to be deployed are determined by the proposal of the unit supervisor at the request of the President, and with the approval of the minister or the relevant found.

 (4) Information that goes into the task of assigning control elements to be deployed at the request of the focus and is authorized to request, search, and review documents, follow and control the application, and to do all kinds of documents to the test.

Coordinating Board

MADDE 20- (1) Do not remove the proceeds of crime prevention iskuruluþlarlaw drafts and the Council of Ministers decision to address and implement regulatory drafts that are related to the application. Coordinating with the Financial Crimes to coordinate between the two The Co-ordination Board is a form of operation.

(2) Coordinating Board; Undersecretary of Finance is under way, The Chief Executive Officer, Finance Inspection Board President, Finance Account Experts Board President, Prime Minister of Revenue, Undersecretary of State Help, The General Manager of the Ministry of Justice, General Manager of the Ministry of Foreign Affairs, Treasury Controllers Board of Directors, Treasury Undersecretary Bank and Kambiyo General Manager, Treasury Undersecretary Insurance General Director, Undersecretary of Customs Board President, Customs Undersecretary Customs General The Bank of Banking Regulation and Supervision Agency, President of the Capital Markets Board, , and the Central Bank of the Republic of Turkey, President of the Republic of Turkey From the help of the help, the is an occurrence.

(3) The representatives of visible and information institutions and organizations to the Coordination Board of the right to vote. It can be done.

(4) Coordinates at least twice a year.

Malical crime investigation expert and expert help

MADDE 21- (1) In state An expert and expert judge is employed by the financial and financial services. Additional qualifications are sought in the 48-point 48 count of the Code 657 to be assigned to an expert judge for financial crime:

a at least four years of higher education law, political, economics, economics, economics, economics, economics, economics, economics, economics, economics, economics, economics, economics, economics, economics, economics, economics, economics, economics, economics, economics, economics, economics, economics, economics, and economics. And to graduate from the faculties of administrative sciences or to the institutions of higher education, accepted by the Board of institutions.

b) To be a part of special assistance and proficiency in the profession and foreign language.

c) to have thirty-years on the date of the site.

(2) Human crimes investigation expert judges at least three years of work to be stolen, to receive a positive record, will be done In the event of competence, Public Personnel are designated as an expert in financial crime, with the record of having the score at least (C) or equivalent from the foreign language level detection site or the equivalent of it. Those who cannot show the proficiency or language certificate are assigned to other caddies that are eligible for status within two years of the proficiency.

(3) Statement and information covered by this Law are subject to financial assistance and expert assistance. It will be done.

 (4) Human crimes investigation expert and expert judges with duty, authority, and responsibilities Perception, rise in the profession, sound, and essentials are regulated by the Ministry of the United States.

Srinibifþaý

MADDE 22-(1) Even if they are separated from their tasks, People and people related to their actions, treatment and account status, treatment, wealth and business are not able to defray their lives, their wealth and business, and their third-party business, their role. They are not available for use:

a) Coordinating Board members and members, audit staff and Board staff.

b) Kirians who have been notified of their information and residency.

c) Other Public Servants, who have been able to perform this information, as well.

(2) These people face prison sentences of up to four years, if they are to discontinue their cause. It will be punished. The prison sentence cannot be less than two years, when these profits are being defunnable in financial interest.

(3) This is not the case for information that is being used in the United States of foreign countries as a result of this Law.

DIVISION OF THE FEBRUARY

Government and Recent Provitions

MADDE 23- (1) To be used in the State of the Call for Criminal Crimes The cadre (1) listed (1) are included in the list of 190 people dated 13/12/1983 and 190 Global Staff and Procedural Ordinance (I) are attached to the Finance Ministry section of the counted ruler.

MADDE 24- (1) 13/12/1983 and number 178 is the Finance Ministry Decree and Ordinance Decree on the Law of Judgement and Tasks;

a) (r) of the 2 nci (r) "r)" to determine the basis and the essences of preventing criminal proceeds from laundering. " in the current location,

b) along with the 14th clause;

"State-of-the-Charge Board-of-ChargeBaþkanlýðý

MADDE 14-Property of the Criminal Crimes Council says it has 19 charges of preventing criminal proceeds from laundering. It fuls the duties given to him by law, with the tasks counted in the last item. " in the current location,

c) the 33rd clause;

" MADDE 33-A Coordination Council For Combating Financial Crimes, 20 years of the prevention of criminal proceeds from the prevention of the law available in the same item as specified in the nci clause and perform the tasks given in the same clause. "

is currently being started.

Additional payments

MADDE 25- (1) Every meeting of the Coordination Board is under (3000) The amount of the indicator (3000) is paid by the officer on the amount that has been multiplitied by the month of monthly.

(2) serving in the country;

a) State Board of Crimes Research (7000)

b) Head-to-circle help and circle pressure (6000)

c) Control assigned to the scope of this Law  

     labor (not to exceed the bottom) (10000)

), financial services experts, managers, and

müdürüneto the information center manager                                                              (5000)

d) Expert, expert, expert, expert, expert, expert, expert, expert, expert, expert, expert, expert, expert, expert, expert, expert, expert, expert, expert, expert, expert, expert, expert, expert,

engineer, statistician, analyzer, and programmers (4000)

e) Didier personnel                                                                              (3000)

Annoy with Minister approval, not to exceed the amount found by the officer split factor of the indicator

. The fee is paid.

(3) The duty of the executed personnel is to be paid in additional charge of the temporary staff The indicator number for the dial is based on the number of times that it belongs.

(4) These payments are not tax and non-disruptive, except for the stamp tax.

provisions that are left and that are currently being set

MADDE 26-(1) dated 13/11/1996 and 1, 3, 4, 5, 6, of 4208. Items 7, 8, 9, 12, and 14 are in effect the first and third feats of article 15, (b), (b), (d) and (e) of the 2 nci material.

(2) The first and third seals of the 13th count of 4208 are in effect, and the second fir "Ankara Magistrate's Criminal Court is authorized to decide on the demands of the foreign country's demands for the controlled delivery of the alleged property caused by the crime."

(3) The "black money" clause contained in other legislation, "defamation of property", "money laundering crime". It is a "laundering crime".

Ordinances

MADDE 27- (1) 3 of the 2 nci (d) and (e) of this Law, and 3, 4, 6, 7, 11, 15, 16, 19, and 20 are regulated by the Council of Ministers on the basis of the Council of Ministers, following the release date of the Law with regulations to be issued within the following months.

Increased the amount of the maktututarlarýn

MADDE 28- (1) This Code is 13 And the maximum amount of 16 ncis is applied for the previous year by increasing the number of redeeming rates, dated 4/1/1961 and numbered 213, under the number of Tax Procedural Laws. Amounts with up to ten New Turkish Liras in calculations are not considered.

MADDE 1- (1) The regulations stipulate in this Law are effective until you enter, you will continue to apply the provisions of the current regulations that are not reserved for this Law.

MADE 2- (1) This The foreign language stated in the second phase of Article 21 of the Law, The effective entry of the law is not applicable to those who serve as a Specialist Yardally for the Service of the Malical Crimes.

MADDE 29-(1) This is the issue date of the Law.

MADDE 30- (1) The Council of Ministers executes the provisions of this Law.

 

 

 

 

 

 

 

 

 

 

 

NUMBER OF

(1) COUNTS

IHDAS EDGALS

 

Corporation: Finance Minister

Business: Central

                                                                                             RELEASED

                                                                                              CADRE            KASRO

DERECESÝCLASS TITLE PERIOD              AS A TOTAL OF              

GÝHGIH Circle Head 1                       4-4     

GIH Feb 1                       3-3     

GYH Information Center Manager 1                       1-1     

GYH Malarial Crimes Search Expert 1                       6-6     

GYH Malarial Crimes Specials 2                       5-5     

GYH Malarial Crimes Search Expert 3                       4-4     

GYH Malarial Crimes Search Expert 4                       4-4     

Expert for Human Financial Crimes

                 Helpful 8                       2-2     

GIH Feb 3                       2-2     

GIH Feb 5                       3-3     

GISH Mütercim 1                       2-2     

TH IST 1                       2-2     

TH IST 5                       5-5     

GYH Analyzer 1                       2-2     

GISH Programc4                       1-1     

GIH Programcis 6                       1-1     

GIH Data Hazellation and Control Manager 4 1                        -1     

GIH Data Hazling and Control Manager 5 6                        -6     

GYH Data Hazling and Control Execution 8 7                       -7     

                                  TOTAL                                                     61-61