Act No. 107 / 2024 Coll.
Act amending Act No. 253 / 2008 Coll., on certain measures against the legalisation of proceeds from crime and terrorist financing, as amended, and other related laws
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Law
Effective from 01.05.2024
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107
THE LAW
of 6 March 2024
amending Act No 253 / 2008 Coll., on certain measures against the legalisation of proceeds from crime and terrorist financing, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on certain measures against the legalisation of proceeds from crime and terrorist financing
Act No. 253 / 2008 Coll., on certain measures against the legalisation of proceeds from crime and financing of terrorism, as amended by Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 285 / 2009 Coll., Act No. 199 / 2010 Coll., Act No. 139 / 2011 Coll., Act No. 420 / 2011 Coll., Act No. 428 / 2011 Coll., Act No. 457 / 2011 Coll., Act No. 183 / 2017 Coll., Act No. 371 / 2017 Coll., Act No. 1377 / 2012 Coll., Act No. 399 / 2012 Coll., Act No. 241 / 2013 Coll., Act No. 303 / 2013 Coll., Act No. 257 / 2014 Coll., Act No. 166 / 2015 Coll.
1. in Article 2 (1) (b) (12), the words "authorised to advise" shall be replaced by the words "providing advice," or "k" shall be replaced by the words "and in related matters or providing" and the words "services in the field of mergers and the purchase of business establishments 9)" shall be replaced by the words "services relating to the transformation of companies, transfers of business establishments or the acquisition of participation in a commercial corporation."
footnote 9 is deleted, including the references to this footnote.
2. In Article 2 (1) (c), the words "cash, factual, immediate or numerical lotteries, bingo games or 'are replaced by the words" lotteries or bingo which are not operated by remote access via the Internet or by operators'.
3. In Article 2, at the end of paragraph 1, the dot is replaced by a comma and the following points (n) and (o) are added:
"(n) the person authorised to carry out the activities of the insolvency administrator (the insolvency administrator) or the person authorised to carry out the activities of the restructuring trustee (the restructuring trustee),
(o) a trader in precious metal or precious stones as referred to in Annex 1 to this Act in respect of a trade of EUR 10 000 or more. ';
4. in Paragraph 3 (2) (b), the words "within the meaning of the Criminal Code 15" shall be replaced by the words "under the Criminal Code."
footnote 15 is deleted.
5. In Article 4, the following paragraph 13 is inserted after paragraph 12:
"(13) For the purposes of this Act, the country of origin shall be:
(a) natural persons by State;
1. of which he is a national,
2. where he / she is registered for permanent or other residence; or
3. in which he is resident for more than 1 year;
(b) the natural persons in business, each State which is its country of origin as referred to in (a) or in which they have their registered office;
(c) legal persons, the State in which they have their registered office and each State in which they have a branch or establishment;
(d) the trust fund shall be established by the State under whose law it is established and by any State which is the country of origin of its trustee as referred to in points (a) to (c). ';
Paragraph 13 shall become paragraph 14.
6. in Article 5 (1) (a), the words "stay and" shall be replaced by the words "stay," and the words "citizenship" shall be inserted after the words "and the number and type of identity card, the State and, where appropriate, the authority which issued the identity card and its duration."
7. in Article 8 (2) (a), the words "record the type and number of the identity card, the State or, where applicable, the authority which issued it and its period of validity; at the same time," shall be deleted.
8. In Paragraph 8a (1) of the Introductory Part of the provision, the words "acting as a client 'are replaced by the words" acting as a client'.
9. in Article 9 (1) (a) (3), the word "established" shall be replaced by "country of origin."
10. in Article 9 (1) (d), the words "Article 2" are replaced by the words "Article 2 (1) (o)," and the words "a" are replaced by the words "or."
11. in Article 9a (2) (a), the word "established" shall be replaced by the words "with country of origin."
12. After Paragraph 9a, the following Section 9b is inserted:
Failure to check the client
The obligor shall not carry out the customer's inspection or part thereof if:
(a) the conduct of an inspection or part thereof could result in the destruction or threat of an investigation into a suspected transaction; or
(b) the Financial Analysis Office (hereinafter referred to as "the Office") shall instruct it not to carry out the inspection or part thereof on the grounds that its implementation could undermine or jeopardise the investigation of suspected trade or pending criminal proceedings. "
13. In Paragraph 11 (1) of the Introductory Part of the provision, the words "in the context of the establishment of a business relationship 'are deleted.
14. In Article 11 (7) of the Introductory Part of the provision, the words "except for the mandatory person referred to in Article 2 (1) (c) 'are deleted.
15. in Article 11 (7) (e), the words "operating in the territory of a Member State of the European Union or of a State constituting the European Economic Area" shall be replaced by the words "not being conducted in a high-risk third country."
16. In Article 11 (9), "and 5 to 'is replaced by", 7 and';
17. in Article 11 (10), the word "established" shall be replaced by the words "country of origin."
18. in Paragraph 15a (4):
"(4) Where the procedure referred to in paragraphs 1 to 3 could thwart or jeopardise an investigation into a suspected transaction or pending criminal proceedings, the Office may instruct the debtor not to apply it. ';
19. In Article 18, at the end of paragraph 1, the sentence "The obligor shall notify the Office of the suspected transaction whenever he does not carry out the check or part thereof referred to in Article 9b (a)."
20. In Paragraph 18, the following paragraph 7 is inserted after paragraph 6:
"(7) Where the notification referred to in paragraph 2 is made in connection with the failure to carry out the customer's control pursuant to Paragraph 9b (a), the obliged person shall also indicate in the notification:
(a) the circumstances and reasons for not carrying out the check or part thereof to the extent that it is possible to assess the suitability of the procedure;
(b) a specific procedure within the control or part thereof which it has not carried out. "
Paragraphs 7 and 8 shall be renumbered paragraphs 8 and 9.
21.
Form of notification of suspicious trade
Notification of a suspicious transaction shall be made in writing by registered letter or electronically ensuring the confidentiality of the transmitted data. ';
22. in Paragraph 21 (8):
"(8) A credit institution, a payment institution, an electronic money institution, a legal person managing assets in a manner comparable to that of the management of an investment fund, a financial institution as referred to in Article 2 (1) (b) (11), a obliged entity as referred to in Article 2 (1) (c) and a person providing services connected with a virtual asset shall notify the Office of the text of the internal principles system within 60 days of becoming a obliged person. Notifications of changes to the internal principles system and of the new version of the internal principles system indicating changes made shall be notified to the Authority within 30 days of their adoption. The compulsory person referred to in Article 2 (1) (b) (1) to (4), with the exception of the investment intermediary and the legal person who manages the assets in a manner comparable to that of the investment fund, shall fulfil these obligations in respect of the Czech National Bank. '
23. In Paragraph 21, at the end of paragraph 9, the sentence "Paragraph 8 shall apply mutatis mutandis to the notification of an internal regulation and to the notification of amendments thereto."
24. Paragraph 21 (10) is deleted.
Paragraphs 11 and 12 shall be renumbered paragraphs 10 and 11.
25. in Article 24a (1), the words "for customer control and record keeping" shall be replaced by the words "against the legalisation of proceeds from crime and terrorist financing."
26. In Paragraph 25, paragraphs 7 and 8 are added:
"(7) The credit institution or insurance undertaking shall make use, as a priority, of the information on the notification of the assets it holds on the day before the commencement of its duties and of the assets acquired in the course of the performance of its duties under the law governing conflicts of interest and the notification of revenue, gifts and obligations under the law governing the conflict of interest in the register of notifications of activities, the notification of assets and the notification of revenue and obligations under the law governing the conflict of interest (hereinafter referred to as" the register of notifications') when implementing measures on the origin of the client's assets.
(8) The credit institution and financial institution referred to in Articles 2 (1) (b) (5) and (14) shall, in accordance with the procedure laid down in Article 8 (2), make a copy of the identity card used. Where a digital copy of the licence is used in the procedure referred to in Article 8 (2), the credit institution and the financial institution referred to in Article 2 (1) (b) (5) and (14) shall obtain an electronic document containing the information specified in the digital copy of the licence. ';
27. the following Section 27a is inserted after Section 27, including the title:
Specific provisions on insolvency administrators and restructuring administrators
The mandatory person referred to in Article 2 (1) (n) shall only:
(a) the obligation to submit a suspicious transaction notification pursuant to Article 18;
(b) the obligation to inform pursuant to Article 24 (1) and (3). ";
28. In Section 28 of the introductory part of the provision, the words "the mandatory person referred to in Section 2 (1) (o) 'shall be inserted after the words" the zones'.
29. Article 29b, including the title, reads:
Specific provisions on cross-border service providers
The mandatory person referred to in Article 2 (2) (b) shall have only an information obligation pursuant to Article 24 (1). ';
30. in Article 30 (4), the words "activities, property notifications and notifications of revenue and liabilities" shall be deleted;
31. in Article 35 (1), the words "with the exception of mandatory persons referred to in Article 2 (2) (b)" shall be added at the end of the text of point (a).
32. In Paragraph 35, the dot is replaced by a comma at the end of paragraph 1 and the following point (e) is added:
"(e) Ministry of Justice with the insolvency administrator and the restructuring administrator."
33. In Article 35, the following paragraph 13 is added:
"(13) Where the Office finds an infringement, it may impose measures on the debtor to remedy the identified deficiency, appropriate to the nature and gravity of the infringement, and determine a reasonable time limit for its fulfilment. The mandatory person who has been ordered to remedy the measure shall inform the Authority of the completion of the measure without undue delay after its completion no later than 10 days after the deadline for its fulfilment has expired. ';
34. in Paragraph 41 (6), the words "Annex to this Act" are replaced by the words "directly applicable European Union47";
Footnote 47 reads:
"47) Article 2
35. In Paragraph 44, the following paragraph 2 is inserted after paragraph 1:
"(2) The mandatory person commits an offence by failing to comply with the obligation to comply with the Authority's instructions under § 9b (b). '
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
36. In Paragraph 44, the following paragraph 5 is added:
"(5) A fine may be imposed on an offence referred to in paragraph 2 until:
(a) 200 000 CZK, or
(b) CZK 1 000 000 000 if this action has made it impossible to secure or depress the proceeds of crime or to finance terrorism. "
37. After Paragraph 47, the following Section 47a is inserted:
Failure to comply with corrective measures
(1) The debtor commits an offence by:
(a) fails to comply with the remedies imposed under Paragraph 35 (13); or
(b) shall not inform the Office of the fulfilment of the remedies provided for in Article 35 (13).
(2) A fine may be imposed for an offence referred to in paragraph 1 (a) up to the amount by which a fine may be imposed for an infringement relating to the infringement on the basis of which a remedy measure has been imposed.
(3) A fine of up to CZK 1 000 000 may be imposed for the offence referred to in paragraph 1 (b). "
38. in Paragraph 48 (3):
"(3) A mandatory person who is required to notify the Office or the Czech National Bank of the text of a system of internal principles, internal rules or amendments thereto pursuant to § 21 (8) or (9) shall commit an infringement by not notifying the text of the system of internal principles, internal rules or amendments thereto pursuant to § 21 (8). ';
39. in Paragraph 48 (8), the words "1 or" shall be deleted;
40. In Paragraph 48, the following paragraph 9 is inserted after paragraph 8:
"(9) A fine of up to 10 000 000 000 CZK may be imposed for the offence referred to in paragraph 1."
Paragraph 9 shall become paragraph 10.
41. Paragraph 50a, including the title, reads:
Infringement of a natural person who causes an infringement by a obliged person
(1) The transfer shall be committed by a natural person in accordance with Article 20 (1) and (2) or Article 22 (2) and (3) of the Liability and Proceedings Act, which shall result in a breach of the obligation by a obliged person who is an offence under:
(a) Articles 44 (1), 44a (1) (b), 45 to 48a or 49 (2) to (4),
(b) Paragraph 44a (1) (a),
(c) Article 44 (2) or Article 44a (1) (c); or
(d) Paragraph 47a (1) (a).
(2) An offence referred to in paragraph 1 may be imposed if it is an offence under:
(a) paragraph 1 (a), fine up to CZK 1000 000;
(b) paragraph 1 (b), fine up to 100 000 CZK,
(c) paragraph 1 (c), fine to:
1.200,000 CZK, or
2. 1 000 000 000 CZK, if such action has made it impossible to secure or remove the proceeds of crime or to finance terrorism, or
(d) paragraph 1 (d), fine to:
1. 100 000 CZK, if a mandatory person who is an offence pursuant to § 47a (1) (a) is liable to impose a fine of up to 100 000 CZK for an infringement,
2. 200 000 CZK, if a mandatory person who is an infringement pursuant to § 47a (1) (a) can be fined up to 200 000 CZK, or
£3,000.
(3) The offence referred to in paragraph 1 shall be subject to a prohibition of activity consisting of the prohibition of the performance of a member of the statutory authority of any obliged person and of the work of the staff member of any obliged person. ';
42. In Paragraph 52, the following paragraph 7 is added:
"(7) The penalty for the offence imposed by this law by the Office shall be levied by the Office. '
43.Paragraph 54 (5) reads as follows:
"(5) For the purposes of this Act, payment in cash shall be considered to be payment made by precious metal or precious stone in accordance with Annex 1 to this Act, another high-value commodity or virtual asset. ';
44. In Article 55 (2), the words "or any other initiative 'shall be replaced by the words", other initiative or information obtained in the course of its own activities', the words "in which it pursues without undue delay 'shall be deleted and the words" the Office may not carry out investigations if the interest protected by this law is not useful' shall be added at the end of the paragraph.
45. Annex 1 shall read as follows:
"Annex No 1
Precious metals and precious stones
A. Precious metals
1. Gold
2. Silver
3. Platinum
4. Iridium
5. Osmium
6. Palladium
7. Rhodium
8. Ruthenium
B. Precious stones
1. Diamond
2. Rubin
3. Sapphire
4. Emerald. "
46. In Annex 2, point 1 (b), the words "the client is established 'are replaced by the words" the country of origin of the client is'.
47. footnotes 12 to 14 are deleted, including the references to those footnotes.
48. At the end of footnote 39, the words "as amended 'are added.
Transitional provisions
1. The lottery operator or bingo operator, which is operated by remote access via the internet, is required to identify and control the client in accordance with Act No. 253 / 2008 Coll., as effective from the date of entry into force of this Act, in connection with a business relationship that arose before the date of entry into force of this Act and is not terminated at the date of entry into force of this Act, no later than 3 months after the date of entry into force of this Act.
2. The mandatory person pursuant to Article 2 of Act No. 253 / 2008 Coll., as effective before the date of entry into force of this Act, is not required to identify the number and type of identity card, the State or, as the case may be, the authority which issued the identity card and its period of validity with the client with whom it has established a business relationship before the date of entry into force of this Act and ending no later than 12 months after the date of entry into force of this Act.
3. The person providing services connected with a virtual asset shall, within 30 days of the date of entry into force of this Act, notify the system of internal principles pursuant to Article 21 of Act No. 253 / 2008 Coll., as effective from the date of entry into force of this Act, if, before the date of entry into force of this Act, he was a mandatory person and the state of play of that act is on the date of entry into force of the Act, unless it has been notified before the date of entry into force of that Act.
4. A foreign credit or financial institution operating in the territory of the Czech Republic through its branch or establishment is required to notify an internal regulation pursuant to Article 21 (9) of Act No. 253 / 2008 Coll., as effective from the date of entry into force of this Act, within 30 days of the date of entry into force of this Act, if it was a mandatory person before the date of entry into force of this Act and the status of that act continues on the date of entry into force of that Act, unless it has been notified before the date of entry into force of that Act. Paragraph 21 (8) of Act No. 253 / 2008 Coll., as effective from the date of entry into force of the Act, shall apply mutatis mutandis.
Amendment to the Banking Act
Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 2011, Act No. 100, Act No. 100, Act No. 2011, Act No. 100, Act No. 100 / 2011, Act No. 2011, Act No. 100, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 100, Act No. 2011, Act No. 100, Act No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, Act No. 2011, No. 2011, No.
1. in Paragraph 38af (1) (d), "a" is replaced by a comma;
2. In Paragraph 38af, at the end of paragraph 1, the dot is replaced by a comma and the following point (f) is added:
"(f) from the register of notifications of activities, notifications of assets and notifications of revenue and liabilities under the law governing conflicts of interest.";
3. In Paragraph 38af, the following paragraph 7 is inserted after paragraph 6:
"(7) The use of the data referred to in paragraph 1 (f) shall be that provided for in the property notification and the income and liabilities notification under the law governing conflicts of interest. ';
Paragraph 7 shall become paragraph 8.
Amendment of the Act on savings and credit cooperatives
Act No. 20 / 2011, Act No. 13 / 2005 Coll., Act No. 13 / 2008 Coll., Act No. 13 / 2008 Coll., Act No. 57 / 2006 Coll., Act No. 70 / 2006 Coll., Act No. 70 / 2006 Coll., Act No. 120 / 2007 Coll., Act No. 120 / 2007 Coll.
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Regulation Information
| Citation | Act No. 107 / 2024 Coll., amending Act No. 253 / 2008 Coll., on certain measures against the legalisation of proceeds from crime and terrorist financing, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.04.2024 |
|---|---|
| Effective from | 01.05.2024 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 439
The regulation text is for informational purposes only.
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