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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Read the untranslated law here:

Law No. 5549 Accepted date: 11/10/2006 SECTION ONE Purpose and definitions Purpose article 1-(1) the purpose of this Act, the laundering of the proceeds of crime principles and principles of prevention.
Definitions article 2-(1) this law passed;
a Ministry of Finance Ministry:, b)) the Minister: the Minister of finance, Chairman of the Financial Crimes Investigation Board c) Presidential:, d) Coordination Board: the Board of coordination of Financial Crime, d) Charged: Banking, insurance, pension, capital markets and financial services, loan, money-making and other mailing and transportation, with luck and gambling in the field; currency exchange, real estate, precious stone and metal, jewelry, through transport, business machine, historic monuments, works of art and antiques trade is mediated by these activities to those who engage in or with those with notaries, sports clubs and other areas designated by the Council of Ministers operates, e) Control element: Finance Inspectors, Accounting experts, Customs Inspectors, the Income controllers, Banks Sworn, Treasury controllers, banking regulation and supervision agency and capital market Board Partners , f) value of assets resulting from Crime Crime income: g) Laundering crime: 26/9/2004 and law No. 5237 article 282 of the Turkish Criminal Law refers to organized crime.
The SECOND EPISODE of fiscal liabilities and information exchange identification article 3-(1) Yükümlüler, in the eyes of themselves that they made or the brokerage transactions before processing with edited nam or the identity of the traded their accounts must be identified.
(2) to identify the document based on the identification of the kind of Ministry is authorized, operations that require identification of the types, their monetary limits and other relevant principles and procedures determined by the regulation.
Suspicious activity reporting article 4-(1) Yükümlüler or in the attempted attempted transactions made through or of the assets of the subject has been obtained illegally or unlawful purposes for the use of any information, doubts or suspicion is found to be a matter that would require these transactions must be reported to the Presidency by the responsible.
(2) Yükümlüler, was reported in the Declaration of suspicious activity to the Presidency, with the control obligations assigned control elements during the trial with the courts, to anyone, including those who cannot explain the processing party.
(3) tax payers because of which activities and principles according to which principles and Instrumentation will be found in the Declaration is determined by the regulation.
Training, internal auditing, control and risk management systems and other measures article 5-(1) the Ministry; for the purpose of this law, training, internal auditing, control and risk management systems and to ensure compliance with the law brought obligations, equipped with the necessary authority to be appointed in charge of the administrative levels should measures, including the sizes of business and business volume of about taking into account the principles and the application of responsible and empowered to determine policy and principles.
Constantly provide information article 6-(1) Yükümlüler they favoured or brokerage exceeding the amount to be determined by the Ministry of the transaction, must inform the Presidency.
(2) to provide information within the scope of the transaction types all the time, in what way and in what period of the information to be given, shall to be exempted from the scope of the principles and procedures relating to the application with the other is determined by the Ministry.
(3) this Act shall, in relation to the implementation of public institutions and organizations with public institutions and organizations also may be asked all the time to run for President. According to who, which is based on principles and will keep information is determined by the regulation.
Article 7-information and documentation (1) public institutions and organizations, natural and legal persons and unincorporated organizations, Chairman and control elements by a grand jury all the information, documents and records all kinds of environment for them, these records can be read or provide access to all of the information required to make and give as complete and accurate, and the required passwords for ease.
(2) they referenced in the above paragraph making claims without prejudice to the provisions relating to the right to defence, in private law provisions, arguing they can't avoid to give information and documents.
Housing and submit article 8-(1) Yükümlüler, brought by this law for the obligations and any media in relation to the process; the editing of documents, books and records of the date of the last record, the identification of documents for a period of eight years from the date of the last transaction and shall submit to the authorities if requested.
Access system article 9-(1) in accordance with the law or activity issues, economic events, wealth taxes, taxable persons to the elements, population information, and holds records of illegal activities to public institutions and organizations with public agencies and organizations of the Ministry or the Ministry of information processing systems and related public agencies and organizations with principles and to be determined by the competent organs of the principles Başkanlıkça access system can be installed.
(2) except for public-owned banks, the Central Bank of the Republic of Turkey with State economic enterprises is beyond the scope of the first paragraph.
Article 10-protection of tax payers (1) fulfilling their obligations in accordance with this law, natural and legal persons in no way legal and is programmed with the maintenance cannot be held liable.
(2) even if suspicious transaction provisions in private law in its Declaration of out of court, third person, cannot be given information to institutions and organisations. Keeping their identity and security of these individuals for the provision of necessary measures are taken by the Court.
Obligation to control article 11-(1) this law and related legislation, brought the control obligations, Finance Inspectors, Accounting experts, Customs Inspectors, the Income controllers, Banks, the Treasury Controllers and Sworn through the capital markets Board of Turkey Experts.
(2) the Presidency, they will be held in the control required to individually, or might want to be within the scope of an audit program. He request the referenced unit has to fulfill this demand. Be assigned to Finance Inspectors, inspectors ' Sworn Account Specialists, customs, banks, Income controllers, Treasury controllers, banking regulation and supervision agency and the capital markets Board of Turkey, at the request of the Presidency of the related unit chiefs offer Professionals and affiliated or related with the approval of their Minister.
(3) Liability control assigned control elements, the scope of this law, public institutions and organizations, including legal entities and individuals and unincorporated organizations any information, documents, and legal to ask for the books, and they are in all kinds of documents and records, is authorized to receive written and oral information from about other uses of the powers given to them.
(4) control elements, with regard to their mission areas when they identified the tasks assigned obligations described violations reports to the Presidency.
International exchange of information article 12-(1) the Presidency mission exchange of international information in topics in the order, the nature of international treaties with foreign countries counterparts institutions of signed agreement to sign and non-agreement memorandum memorandum is entitled to change their Financial Crimes Investigation Board Chairman. The reconciliation to be signed memorandum with the approval of the Council of Ministers and the changes will take effect.
The THIRD SECTION Fines, Forfeiture and administrative penalty Decisions Manifest ihlâlinde Obligations article 13-(1) this Act 3 and article 6 of the first paragraph of article 4 with located in the infringements liable to any of the obligations Başkanlıkça five thousand new Turkish Lira administrative fines. Yükümlünün Bank, finance company, factoring company, ikrazatçı, leasing companies, insurance and reinsurance company, pension company, capital market authority or in the case of an authorized institution, administrative fines will be applied in two coats.
(2) this Act 3 the first paragraph of article 4 with article located in the case of non-compliance to the obligations the obligation to fulfil also the maitre d ' that two thousand new Turkish Lira administrative fines.
(3) in section 5 of this Act do not conform to the obligations contained in charged, deficiencies and necessary measures are given for not less than 30 days for. In the given time not taking the necessary measures that does not correct the deficiencies and the provisions of the first paragraph to be liable.
(4) five years from the date on which the infringement of the obligation after the administrative fine.
(5) article principles and other related principles are determined by the regulation to be issued by the Ministry.
Ihlâlinde judicial criminal liability article 14-(1) the second paragraph of article 4 of this law with the obligations in article 7 and 8 who infringed a year for up to three years in prison and a fine of five thousand days with judicial.

(2) Add This crime thus legal persons found guilty of the specific security measures to them.
Someone else not declare transaction done on account article 15-(1) Yükümlüler will be held in or through the operations that require identification of anyone else's account, in his name and mobile one, before you perform these tasks shall report in writing to whose account moves in six months to one year imprisonment or a fine shall be punished with up to five days judicial.
Customs to description article 16 – (1) Turkish money, provides the payment currency or documents brings passengers to the dorm that abroad or at the request of the customs authority as a complete and accurate description about them obliged.
(2) Yetkililerce failure in any requested explanation or made false or misleading statement, kept by the Customs authorities of the passenger accompanying values. Customs authority, whích keeps passengers carrying value is carrying passengers in a statement contrary to the truth about value with up to one tenth of the difference between the value of announced administrative fines. Also bildirilmekle the Presidency by counting suspicious interested in other related authority with devolved. Fifteen hundred new Turkish Liras for differences of up to this paragraph shall not be applied.
Forfeiture article 17 – (1) the crime of financing of terrorism has been strong about laundering and suspicion in 5271 numbered criminal procedure according to article 128 of the law the assets value of the rhythmic pattern elkonulabilir.
(2) in cases where the public prosecutor Gecikmesinde in the confiscation decision. The judge's decision made the forfeiture process, without the approval of the judge having jurisdiction within 24 hours. The judge approved within 24 hours at the latest being disapproved. The decision of the Prosecutor remains null and void in case of disapproval.
Article 18 notification of decisions-(1) for the crime of laundering and terrorism financing as a result of the inquiry made no decision or prosecute held given the indictment, prosecution as a result of the given terms and according to article 17 of this Act given an instance of the decision until the end of the month following the forfeiture related will be sent to the Presidency of the Republic Prosecutor's Office and courts.
The FOURTH PART of the duties and powers of the Presidency and presided over the Coordination Committee article 19-(1) the Minister of finance under the chairmanship of the Financial Crimes Investigation Board is directly connected to the duties and powers are as follows: a in order to prevent the laundering of the proceeds of crime) of policy and implementation strategies, for this purpose, to provide coordination between public institutions and organizations to conduct studies, exchange opinions and information.
b within the framework of laws, rules) policies and regulations with this law, preparing drafts related to the implementation of the decisions of the Council of Ministers to make arrangements.
c) on the laundering of the proceeds of crime with laundering developments in crime prevention and research methods for uncovering.
ç) in order to avoid the laundering of the proceeds of crime to make sectoral studies, measures to develop and monitor the application.
to increase Public awareness and support of d) to conduct studies.
the laundering of the proceeds of crime and the financing of terrorism) within the scope of the prevention of data collect, retrieve, analyze suspicious process notifications and assess.
f) is in the process of Evaluation when needed in the areas of law enforcement and other units conducting their task to request review and research.
g) fall within the scope of this Act with regard to operations, research and review or.
as a result of the research and analysis I) laundering crime was committed in respect of the determination of the existence of the cases, the criminal procedure code in accordance with the provisions of actions required to be made for Chief Prosecutor filed a criminal complaint.
h.) the prosecutors by devolved on emerging issues and examine the claims related to the crime of laundering detection.
I) Laundering or financing crime was committed in the case of serious doubts about the Republican about the subject available to the Prosecutor's transition.
the scope of liability law and relevant legislation I) control to ensure.
j) public institutions and organizations, natural and legal persons from non-entity with all kinds of information and documents.
k in the event it is needed for specialized) information and other public institutions and organizations within the Presidency, was appointed as temporary employees that they stop.
l.) in topics in the international relations, exchange opinions and information.
m) in foreign countries to exchange information and documents with equivalent institutions for this purpose, the nature of the international treaty to sign Memorandum without reconciliation.
(2) according to the first paragraph (f) of the California Penal Code Başkanlıkça itself as the current unit, the need for this claim request urgency must fulfill.
(3) to investigate the crime and investigation of Presidential, laundering tasks through the control elements. At the request of the relevant units will be deployed to control elements of the President's proposal and its affiliates or their respective superiors they are determined by the Minister's approval.
(4) at the request of the Presidency will be deployed to control elements see on entering warrant information and documents to research and to ask for review, followed by the application and, for this purpose is authorized to examine any documents.
Coordination Committee article 20-the laundering of the proceeds of crime (1) law concerning the prevention of the decision of the Council of Ministers will take effect with the draft regulations and drafts of implementation coordination between relevant institutions and organizations to ensure that Financial Crime Coordination Committee established.
(2) Coordination Board; Chaired by the Under-Secretary of the Ministry of finance, head of the Financial Crimes Investigation Board, Finance head of internal audit, Finance, Chairman of the Board, the Chairman of the revenue administration Account Professionals, Deputy Undersecretary of the Ministry of Internal Affairs, the Ministry of Justice, the law, General Manager, Ministry of Foreign Affairs, Chairman of the Board, General Director of Economic Affairs for the Treasury Controllers, General Manager of the Bills of Exchange, Bank and Treasury Undersecretariat of Treasury Under-secretariat, General Manager, Undersecretariat of customs head of internal audit, Director General of the Customs Undersecretariat of customs , Banking regulation and supervision agency Vice President, capital markets and Vice Chairman of the Central Bank of the Republic of Turkey the President's Generals.
(3) opinion and information, representatives of the institutions and organizations needed to, without the right to vote can be called the Coordinating Committee.
(4) Coordination Committee meets twice a year.
Financial crimes research specialist and Assistant article 21-(1) financial crimes research specialist in the presidential residence and Assistant is employed. For appointment to financial crimes research specialist Assistant 657 envisaged in addition to the conditions enumerated in article 48 the following traits: a study for at least four years of higher education) institutions of law, political science, economics, business administration, economics and Administrative Sciences, faculties of the higher education Board accepted equivalence or higher education institutions.
b) Vocational and special issues of competition and foreign language proficiency exams to be successful.
c) being below the age of 30 on the date of the exam.
(2) specialized Financial Crimes research assistants to work at least three years actually, each year held qualifying examination, receive a positive track record to become successful and in public personnel a minimum Foreign Language Proficiency Exam (C) level or equivalent examinations corresponding to financial crimes points research specialist assigned as. The language proficiency examination or who are not successful in the qualifying examination within two years following the document, presented to those who are assigned to other staff in accordance with the situation.
(3) the scope of this law received notification and information financial crimes research specialist and evaluated by expert assistants.
(4) the Financial Crimes research experts and specialists in other duties, powers and responsibilities of the profession with no offense, based on the principles of work and advancement with regard to a regulation to be issued by the Ministry issues.
Secret ifşaı article 22-(1) even if they were separated from their posts following people, tasks, hence no one has with these people and to the party, and account status, work, business, wealth and occupation cannot disclose the secrets they learned as related to and for the benefit of themselves or third parties will not be able to use: a) Coordination Board President and members of the staff of the Board with the control elements.
b persons referred to specialized information for and).
c) other learning tasks, therefore this information public officials.

(2) such persons, are revealing the secrets they learned, from one year to four years imprisonment shall be punished with. In Exchange for revealing this secret material interests will be given when the imprisonment may not be less than two years.
(3) this is in accordance with the laws of foreign countries not using generic organizations giving information Başkanlıkça secret ifşaı.
The FIFTH PART Miscellaneous and final Provisions article 23-(1) to be used under the Financial Crimes Investigation Board attached (1) having been established positions listed in no. 13/12/1983 and Law No. 190 General Staff and Style of Legislative Decree by the Ministry of Finance of the ruler attached (I) added to the section.
Article 24 (1) 13/12/1983 and law No. 178 the Decree on the Organization and duties of the Ministry of Finance;
a) 2 of the (r) I "r) laundering of the proceeds of crime prevention is based on the principles and determine", along with the title of article 14 b);
"The financial crimes investigation Board under the chairmanship of the Chairman of the Financial Crimes Investigation Board, article 14-Crime Proceeds Laundering Law with various kinds of tasks enumerated in article 19, the law fulfils the tasks given to him." and its article 33 c);
"Article 33-Financial Crime Coordination Committee, Crime Proceeds Laundering Law on article 20, in the manner specified in are created and given tasks in the same item.".
Additional payments article 25-(1) the Chairman and members of the Coordinating Committee for each meeting (3000), multiplied by the coefficient of the instrument as a result of the number of civil servants through the amounts of monthly meeting fee is paid.
(2) who served in the presidential residence;
a) Financial Crimes Investigation Board President (7000) b) Vice Presidents and heads of the circle (6000) c) the scope of this law, in the assigned control elements (not more than six months) (10000)) Financial Crimes research specialists, the principal of the branch managers and information processing center (5000) d) Financial Crimes Research Assistant Chief, expert, translator, engineer, architect, analyst, and programmers (4000) e) other staff (3000), multiplied by the coefficient of the instrument as a result of the number of civil servants will not exceed the amount monthly to the Minister with the approval of the additional charge paid.
(3) within the Presidency temporarily assigned to staff the additional payment, free expression set for indicator digits of the task that belongs to the staff of the presidential residence.
(4) except for any stamp duty tax on these payments and disrupted through Thu.
Removed and replaced the provisions of article 26 (1) 13/11/1996 and Act No. 4208 Act 1, 3, 4, 5, 6, 7, 8, 9, 12 and 14 of article, article 2 (a), (b), (d) and (e) the provisions of clauses 15-with the first and third paragraph is repealed.
(2) article 13 of Law No. 4208 first and third paragraphs are repealed, and the second clause "arising from the assets value of the controlled delivery of Crime foreign demands for Ankara to decide about Criminal Court.".
(3) other legislation from the "crime" resulting from "Green Estate", "anti money laundering crimes" portraying "laundering crimes".
Regulations Article 27 (1) of article 2 of this law, (d) and (e) with paragraphs 3, 4, 6, 7, 11, 15, 16, 19 and 20 article in the specified principles and procedures of the Council of Ministers, the Act to be issued within six months following the date of publication shall be indicated in regulations.
Lump-sum amounts increase article 28 (1) of this Act, article 13 and 16 situated in lump-sum amounts to be effective from the beginning of each year for the previous year 4/1/1961 and determined in accordance with the tax code no. 213 revaluation is implemented by increasing at the rate of. That is, amounts that are up to ten new Turkish Liras in calculations is ignored.
PROVISIONAL ARTICLE 1-(1) until the entry into force of arrangements envisaged in this Act, the existing arrangements to continue the implementation of the provisions not contrary to this Act.
TRANSITIONAL ARTICLE 2-(1) the second paragraph of article 21 of this Act shall be specified by the foreign language requirement, the law comes into force on the date of the financial crimes investigation Expert who served as the Deputy does not apply for.
Article 29 (1) of this Act enters into force on the date of promulgation.
Article 30-(1) the provisions of this law, the Council of Ministers.

(1) the institution of the Ministry of Finance NO. LIST ESTABLISHED the Guam: Central FREE LINEUPS KEPT STAFF: STAFF NUMBER of the head of the CLASS NUMBER of the TOTAL DEGREE of TITLE ACT 1 4-4 1 3-3 the Commissioner ACT GPP Computing Centre Director 1 1-1 1 6-Financial Crimes ACT research expert 6
GİH Malî Suçları Araştırma Uzmanı 2 5 - 5
GİH Malî Suçları Araştırma Uzmanı 3 4 - 4
GİH Malî Suçları Araştırma Uzmanı 4 4 - 4
GİH Malî Suçları Araştırma Uzman
Yardımcısı 8 2 - 2
GİH Şef 3 2 - 2
GİH Şef 5 3 - 3
GİH Mütercim 1 2 - 2
TH İstatistikçi 1 2 - 2
TH İstatistikçi 5 5 - 5
GİH Çözümleyici 1 2 - 2
GİH Programcı 4 1 - 1
GİH Programcı 6 1 - 1
GİH Veri Hazırlama ve Kontrol İşletmeni 4 1 - 1
GİH Veri Hazırlama ve Kontrol İşletmeni 5 6 - 6
GİH Veri Hazırlama ve Kontrol İşletmeni 8 7 - 7
TOPLAM 61 - 61