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[Where] published the text of the Anti-Money Laundering and the Financing of Terrorism Act
[ltr] 2015/9/16 19:54[/ltr]
[ltr][You must be registered and logged in to see this image.]
[Baghdad-where]
Agency publishes all of Iraq [where] the text of the law against money laundering and the financing of terrorism, which was adopted by Parliament in its day, and includes 57 items.
According to the law:
In the name of the people, the Presidency of the Republic
Based on what passed the House of Representatives and approved by the President of the Republic and based on the provisions of subsection [first] of article [61] and item [III] of article [73] of the Constitution.
No. [] to the 2015 anti-money laundering and financing of terrorism law
Chapter I: Definitions
Article -1 - the following terms for the purposes of this Act against which the meanings indicated:
First - Bank: The Central Bank of Iraq.
Secondly - Governor: Governor of the Central Bank of Iraq.
Thirdly - Council: Council to combat money laundering and terrorist financing.
IV Office: Office of the anti-money laundering and terrorist financing.
Fifth - the money: assets or property that is obtained by any means national such as currency and foreign currency financial and commercial papers and deposits and current accounts and financial investments and deeds and documents in whatever form including electronic or digital, and precious metals, precious stones and goods and all of a financial value of real estate or movable and rights related to them, and what comes from those funds from interest and dividends, whether inside or outside Iraq. And any other kind of funds determined by the Board for the purposes of this law, a statement published in the official gazette.
VI proceeds of crime: funds generated or obtained directly or non-directly wholly or partly, from the commission of one of the original crimes.
VII original crime: every crime in the Iraqi criminal law of crimes or misdemeanors.
Eighth - the financial institution: any natural or legal person engaged in an activity or more of the following operations for the benefit of a single customer or on his behalf:
A - receipt of deposit and other money payable from the public such as banking own.
B -alagherad.
C-Leasing.
(D) money or value transfer services
Or (e) the issuance and payment methods Kptaqat debit and credit card management, bills of exchange and instruments traveler's checks and electronic funds and others.
And - the financial commitments and guarantees.
G - trading or trafficking in the following:
[rtl][1] [/rtl] money market instruments such as checks, bills and certificates of deposit
[rtl][2] [/rtl] financial derivatives.
[rtl][3] [/rtl]The foreign exchange.
[rtl][4] [/rtl] tools currency exchange, interest rates, financial indicators
[rtl][5] [/rtl] securities negotiable
[6] futures contracts for commodities.
H - Participation in the issuance of securities and the provision of financial services related to these versions.
I - individual or collective conservative management.
J - Save cash or securities are flowing on behalf of a third party or its management.
K - investment funds or money or managed or operated on behalf of third parties.
For - the issuance of life insurance and other types of insurance related to investment in locked or broker for insurance contract.
M - switching money or currencies.
N - any activity or another process determined by a decision of the Council of Ministers, on the proposal of the Council and published in the Official Gazette
IX - Business and DNFBPs include the following:
A. Dalalan real estate, when they started transactions relating to the sale or purchase of real estate, or both, for the benefit of customers.
B - goldsmiths and precious metals or gems traders, when involved in a cash transaction valued specify a statement issued by the President of the Council and published in the Official Gazette.
(C) lawyers or accountants, whether they practice their profession freely or were partners or employees in specialized companies, when preparing or carrying out or carrying out transactions on behalf of their clients in respect of any of the following activities:
[rtl][1] [/rtl] buy or sell real estate.
[rtl][2] [/rtl] client funds management or securities or other assets.
[rtl][3] [/rtl] bank accounts or savings accounts or securities accounts management.
[rtl][4] [/rtl] regulating contributions to the creation, operation or management companies.
[rtl][5] [/rtl]the establishment, operation or management of legal persons or legal arrangements.
[rtl][6] [/rtl] buying or selling companies.
D - providers services companies, trusts and other companies, when preparing or carrying out transactions on behalf of the client on a commercial basis, these services include:
[rtl][1] [/rtl] work as agent for the founder of the legal persons
[rtl][2] [/rtl] work or arranging for another person to act as commissioner or director of a partner in the partnership or in a similar position in the legal person.
[rtl][3] [/rtl] provide the registered office or place of business or mailing address or email address, or administrative address for a company or any legal person or legal arrangement.
[rtl][4] [/rtl] act or arranging for another person to act as trustee of a trust fund or doing similar work for the benefit of legal arrangement.
[rtl][5] [/rtl] act or arranging for another person to act as a contributor to my name.
[rtl][6] [/rtl][6] any activity or profession other issues added, a decision of the Council of Ministers, on the proposal of the Council, and published in the Official Gazette.
Financing of Terrorism: any act committed by any person by any means, directly or indirectly, willfully, provide or collect funds or attempted to do so, from a legitimate source, or illegal, with a view to use, with the knowledge that these funds will be used, in whole or in partly in the implementation of an act of terrorism, or of a terrorist or terrorist organization, whether the crime took place or did not fall apart from the State in which the act is located, or where there are terrorist or terrorist organization.
XI terrorist act includes:
A - every criminal act in this description in Iraqi law.
(B) any act which constitutes a crime according to "the definitions set forth in preventing the illegal seizure of aircraft of the Convention [in 1970] and the Convention for the Suppression of crimes against the Safety of Civil Aviation for the year [1971] and the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, for the year [1973]. and punish crimes against Internationally Protected Persons, for the year [1974] and the Convention for the Suppression of crimes against the Safety of Civil Aviation for the year [1975]. International Convention against the Taking of Hostages of the year [1979] and the Convention on the Physical Protection of Nuclear Material for the year [1980] and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation for the year [1988] and the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation of the year [1988] and the Protocol for the Suppression of Unlawful Acts against Almnchaouat Fixed safety on the continental shelf of the year [1988]. International Convention for the Suppression of Terrorist Bombings of the year [1997], or any other agreement or a related protocol of financing terrorism be a party to the Republic of Iraq "where.
(C) any act intended to kill civilians or compromising the integrity Bantm or any other person not a party activist in hostilities in situations of armed conflict, when the purpose of such an act, a group of people to intimidate or compel a government or an international organization to do a particular act or omission all done.
XII terrorist: every natural person has committed terrorist acts, as an actor "of the crime, or participated in, or instigated the commission if it does not result in agitation effect, or complicity to commit, or agreed to commit, by any means, either directly or indirectly. or is attempted.
XIII terrorist organization: it is two or more people to commit terrorist acts agreement, by any means, directly or indirectly, whether certain actions or non-specific or on processed her acts or facilitating the commission when the deal was structured, "though in principle configured , continuing "even for a short period of time. Whether the crime occurred or did not occur. Or any group of terrorists do any of the following acts:
(A) commit or attempt to commit terrorist acts, intentionally, by any means, directly or indirectly.
B -complicity in carrying out terrorist acts.
C - the organization of terrorist acts, or directing others to commit.
(D) contribute to the perpetration of terrorist acts, with a group of persons acting with a common purpose, while contributing to be deliberate, and in order to strengthen the terrorist act with the knowledge or intention of the group to commit a terrorist act.
XIV real beneficiary: the natural person who owns or exercises final control directly or indirectly on the client. Or natural person who made the transaction on his behalf as well as the person who exercises effective control over the final legal person or legal arrangement.
XV. Reservation: the temporary ban on the transfer of funds or proceeds of crime or converted or replaced or disposed of on the basis of a decision issued by a competent court or a competent authority for a period of validity of the decision.
XVI freeze: ban the transfer of money, equipment or other media, transfer or disposition or movement when they are owned by individuals or specific entities or controlled by, based on a decision issued by a competent court or administrative body competent or committee to freeze terrorist funds under the mechanism of the freeze based on "the actions taken by the United Nations Security Council or in accordance with the decisions and the duration of the decision.
XVII. Regulators: the competent authority to license or specific financial institutions, business and the professions of non-financial, or supervise and make sure of its commitment to the requirements necessitated by the fight against money laundering and terrorist financing leave, including the Ministry of Commerce and Ministry of Industry Iraqi Central Bank and the Securities Commission and the Office of Insurance and any party another jurisdiction it shall issue a decision as a supervisory decision of the Council of Ministers on the proposal of the Council and published in the Official Gazette.
XVIII suspicious process: any process is believed to be partially or completely include obtained from a predicate offense funds.
Nineteenth - legal arrangements: the relationship arising under a contract between two or more parties, including not result in legal personality Kalsnadik credit or other similar arrangements for its emergence.
Ashron- picture Bank: Bank registered or licensed in the country or region without having a material which, not belonging to the regulated effective banking supervision financial group.
or subsidiaries or any legal person exercises control over its branches and subsidiaries.
Second and Ashron- customer: anyone who is prescribed or in any of the following acts with a financial institution or business and DNFBPs:
A. Order, open, or execute a transaction or business relationship or account for him.
(B) to participate in the signing of the transaction or business relationship or account.
(C) allocation or transfer of account or rights or obligations under the transaction.
(D) authorize the treatment or control of the business relationship, or at the expense of.
Third and Ashron- client viewer: a client who no relation to the work relationship is expected to continue with it.
Fourth and Ashron- working relationship: The relationship that develops between the financial institution or business and DNFBPs and its agent, which related to the activities and services provided by him when the institution predicted that the relationship extends for a period of time.
Fifth and Ashron- financial negotiable instruments: monetary instruments in the form of a document to the holder such as checks and tourist negotiable instruments including checks, promissory notes and payment orders that are bearer or demonstration him without restrictions or issued to beneficiaries my photos or in any other form is transmitted with the use of the holder.
Chapter II
The offense of money laundering
Article -2 - is guilty of "the crime of money laundering, each of the one of the following acts:
I. transfer of funds, or moved, or replaced from one person knows or should know of it the proceeds of crime. For the purpose of concealing or disguising the illicit origin or help the perpetrator or the perpetrator of the original crime or contributed to the commission or the commission of the predicate offense to evade the responsibility for them.
Second hide money or disguising the truth, source, location or condition, disposition or movement, or ownership of or rights relating thereto, from a person knows or should know of it the proceeds of crime.
III acquisition of money, possession or use, of a person knows or should know of the time they received the proceeds of crime.
Article - 3. Do not stop convict the accused for the crime of money laundering on the verdict from the original crime that resulted in these funds.
Article -4 - does not prevent the judge the defendant for any "of predicate offenses, of self-rule for the crime of money that resulted from that crime Wash. And apply the provisions of the multiplicity of crimes and punishment prescribed in the Penal Code.
[/ltr]
[ltr] 2015/9/16 19:54[/ltr]
[ltr][You must be registered and logged in to see this image.]
[Baghdad-where]
Agency publishes all of Iraq [where] the text of the law against money laundering and the financing of terrorism, which was adopted by Parliament in its day, and includes 57 items.
According to the law:
In the name of the people, the Presidency of the Republic
Based on what passed the House of Representatives and approved by the President of the Republic and based on the provisions of subsection [first] of article [61] and item [III] of article [73] of the Constitution.
No. [] to the 2015 anti-money laundering and financing of terrorism law
Chapter I: Definitions
Article -1 - the following terms for the purposes of this Act against which the meanings indicated:
First - Bank: The Central Bank of Iraq.
Secondly - Governor: Governor of the Central Bank of Iraq.
Thirdly - Council: Council to combat money laundering and terrorist financing.
IV Office: Office of the anti-money laundering and terrorist financing.
Fifth - the money: assets or property that is obtained by any means national such as currency and foreign currency financial and commercial papers and deposits and current accounts and financial investments and deeds and documents in whatever form including electronic or digital, and precious metals, precious stones and goods and all of a financial value of real estate or movable and rights related to them, and what comes from those funds from interest and dividends, whether inside or outside Iraq. And any other kind of funds determined by the Board for the purposes of this law, a statement published in the official gazette.
VI proceeds of crime: funds generated or obtained directly or non-directly wholly or partly, from the commission of one of the original crimes.
VII original crime: every crime in the Iraqi criminal law of crimes or misdemeanors.
Eighth - the financial institution: any natural or legal person engaged in an activity or more of the following operations for the benefit of a single customer or on his behalf:
A - receipt of deposit and other money payable from the public such as banking own.
B -alagherad.
C-Leasing.
(D) money or value transfer services
Or (e) the issuance and payment methods Kptaqat debit and credit card management, bills of exchange and instruments traveler's checks and electronic funds and others.
And - the financial commitments and guarantees.
G - trading or trafficking in the following:
[rtl][1] [/rtl] money market instruments such as checks, bills and certificates of deposit
[rtl][2] [/rtl] financial derivatives.
[rtl][3] [/rtl]The foreign exchange.
[rtl][4] [/rtl] tools currency exchange, interest rates, financial indicators
[rtl][5] [/rtl] securities negotiable
[6] futures contracts for commodities.
H - Participation in the issuance of securities and the provision of financial services related to these versions.
I - individual or collective conservative management.
J - Save cash or securities are flowing on behalf of a third party or its management.
K - investment funds or money or managed or operated on behalf of third parties.
For - the issuance of life insurance and other types of insurance related to investment in locked or broker for insurance contract.
M - switching money or currencies.
N - any activity or another process determined by a decision of the Council of Ministers, on the proposal of the Council and published in the Official Gazette
IX - Business and DNFBPs include the following:
A. Dalalan real estate, when they started transactions relating to the sale or purchase of real estate, or both, for the benefit of customers.
B - goldsmiths and precious metals or gems traders, when involved in a cash transaction valued specify a statement issued by the President of the Council and published in the Official Gazette.
(C) lawyers or accountants, whether they practice their profession freely or were partners or employees in specialized companies, when preparing or carrying out or carrying out transactions on behalf of their clients in respect of any of the following activities:
[rtl][1] [/rtl] buy or sell real estate.
[rtl][2] [/rtl] client funds management or securities or other assets.
[rtl][3] [/rtl] bank accounts or savings accounts or securities accounts management.
[rtl][4] [/rtl] regulating contributions to the creation, operation or management companies.
[rtl][5] [/rtl]the establishment, operation or management of legal persons or legal arrangements.
[rtl][6] [/rtl] buying or selling companies.
D - providers services companies, trusts and other companies, when preparing or carrying out transactions on behalf of the client on a commercial basis, these services include:
[rtl][1] [/rtl] work as agent for the founder of the legal persons
[rtl][2] [/rtl] work or arranging for another person to act as commissioner or director of a partner in the partnership or in a similar position in the legal person.
[rtl][3] [/rtl] provide the registered office or place of business or mailing address or email address, or administrative address for a company or any legal person or legal arrangement.
[rtl][4] [/rtl] act or arranging for another person to act as trustee of a trust fund or doing similar work for the benefit of legal arrangement.
[rtl][5] [/rtl] act or arranging for another person to act as a contributor to my name.
[rtl][6] [/rtl][6] any activity or profession other issues added, a decision of the Council of Ministers, on the proposal of the Council, and published in the Official Gazette.
Financing of Terrorism: any act committed by any person by any means, directly or indirectly, willfully, provide or collect funds or attempted to do so, from a legitimate source, or illegal, with a view to use, with the knowledge that these funds will be used, in whole or in partly in the implementation of an act of terrorism, or of a terrorist or terrorist organization, whether the crime took place or did not fall apart from the State in which the act is located, or where there are terrorist or terrorist organization.
XI terrorist act includes:
A - every criminal act in this description in Iraqi law.
(B) any act which constitutes a crime according to "the definitions set forth in preventing the illegal seizure of aircraft of the Convention [in 1970] and the Convention for the Suppression of crimes against the Safety of Civil Aviation for the year [1971] and the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, for the year [1973]. and punish crimes against Internationally Protected Persons, for the year [1974] and the Convention for the Suppression of crimes against the Safety of Civil Aviation for the year [1975]. International Convention against the Taking of Hostages of the year [1979] and the Convention on the Physical Protection of Nuclear Material for the year [1980] and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation for the year [1988] and the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation of the year [1988] and the Protocol for the Suppression of Unlawful Acts against Almnchaouat Fixed safety on the continental shelf of the year [1988]. International Convention for the Suppression of Terrorist Bombings of the year [1997], or any other agreement or a related protocol of financing terrorism be a party to the Republic of Iraq "where.
(C) any act intended to kill civilians or compromising the integrity Bantm or any other person not a party activist in hostilities in situations of armed conflict, when the purpose of such an act, a group of people to intimidate or compel a government or an international organization to do a particular act or omission all done.
XII terrorist: every natural person has committed terrorist acts, as an actor "of the crime, or participated in, or instigated the commission if it does not result in agitation effect, or complicity to commit, or agreed to commit, by any means, either directly or indirectly. or is attempted.
XIII terrorist organization: it is two or more people to commit terrorist acts agreement, by any means, directly or indirectly, whether certain actions or non-specific or on processed her acts or facilitating the commission when the deal was structured, "though in principle configured , continuing "even for a short period of time. Whether the crime occurred or did not occur. Or any group of terrorists do any of the following acts:
(A) commit or attempt to commit terrorist acts, intentionally, by any means, directly or indirectly.
B -complicity in carrying out terrorist acts.
C - the organization of terrorist acts, or directing others to commit.
(D) contribute to the perpetration of terrorist acts, with a group of persons acting with a common purpose, while contributing to be deliberate, and in order to strengthen the terrorist act with the knowledge or intention of the group to commit a terrorist act.
XIV real beneficiary: the natural person who owns or exercises final control directly or indirectly on the client. Or natural person who made the transaction on his behalf as well as the person who exercises effective control over the final legal person or legal arrangement.
XV. Reservation: the temporary ban on the transfer of funds or proceeds of crime or converted or replaced or disposed of on the basis of a decision issued by a competent court or a competent authority for a period of validity of the decision.
XVI freeze: ban the transfer of money, equipment or other media, transfer or disposition or movement when they are owned by individuals or specific entities or controlled by, based on a decision issued by a competent court or administrative body competent or committee to freeze terrorist funds under the mechanism of the freeze based on "the actions taken by the United Nations Security Council or in accordance with the decisions and the duration of the decision.
XVII. Regulators: the competent authority to license or specific financial institutions, business and the professions of non-financial, or supervise and make sure of its commitment to the requirements necessitated by the fight against money laundering and terrorist financing leave, including the Ministry of Commerce and Ministry of Industry Iraqi Central Bank and the Securities Commission and the Office of Insurance and any party another jurisdiction it shall issue a decision as a supervisory decision of the Council of Ministers on the proposal of the Council and published in the Official Gazette.
XVIII suspicious process: any process is believed to be partially or completely include obtained from a predicate offense funds.
Nineteenth - legal arrangements: the relationship arising under a contract between two or more parties, including not result in legal personality Kalsnadik credit or other similar arrangements for its emergence.
Ashron- picture Bank: Bank registered or licensed in the country or region without having a material which, not belonging to the regulated effective banking supervision financial group.
or subsidiaries or any legal person exercises control over its branches and subsidiaries.
Second and Ashron- customer: anyone who is prescribed or in any of the following acts with a financial institution or business and DNFBPs:
A. Order, open, or execute a transaction or business relationship or account for him.
(B) to participate in the signing of the transaction or business relationship or account.
(C) allocation or transfer of account or rights or obligations under the transaction.
(D) authorize the treatment or control of the business relationship, or at the expense of.
Third and Ashron- client viewer: a client who no relation to the work relationship is expected to continue with it.
Fourth and Ashron- working relationship: The relationship that develops between the financial institution or business and DNFBPs and its agent, which related to the activities and services provided by him when the institution predicted that the relationship extends for a period of time.
Fifth and Ashron- financial negotiable instruments: monetary instruments in the form of a document to the holder such as checks and tourist negotiable instruments including checks, promissory notes and payment orders that are bearer or demonstration him without restrictions or issued to beneficiaries my photos or in any other form is transmitted with the use of the holder.
Chapter II
The offense of money laundering
Article -2 - is guilty of "the crime of money laundering, each of the one of the following acts:
I. transfer of funds, or moved, or replaced from one person knows or should know of it the proceeds of crime. For the purpose of concealing or disguising the illicit origin or help the perpetrator or the perpetrator of the original crime or contributed to the commission or the commission of the predicate offense to evade the responsibility for them.
Second hide money or disguising the truth, source, location or condition, disposition or movement, or ownership of or rights relating thereto, from a person knows or should know of it the proceeds of crime.
III acquisition of money, possession or use, of a person knows or should know of the time they received the proceeds of crime.
Article - 3. Do not stop convict the accused for the crime of money laundering on the verdict from the original crime that resulted in these funds.
Article -4 - does not prevent the judge the defendant for any "of predicate offenses, of self-rule for the crime of money that resulted from that crime Wash. And apply the provisions of the multiplicity of crimes and punishment prescribed in the Penal Code.
[/ltr]
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