Decree No. 108 / 2024 Coll.
Decree amending Decree No. 67 / 2018 Coll., on certain requirements for the system of internal principles, procedures and control measures against the legalisation of proceeds from crime and terrorist financing, as amended by Decree No. 235 / 2021 Coll.
Valid
Order
Effective from 01.05.2024
Text versions:
01.05.2024
30.04.2024
108
DECLARATION
of 25 March 2024
amending Decree No 67 / 2018 Coll., on certain requirements for the system of internal principles, procedures and control measures against the legalisation of proceeds from crime and terrorist financing, as amended by Decree No 235 / 2021 Coll.
Pursuant to Article 21 (10) of Act No. 253 / 2008 Coll., on certain measures against the legalisation of proceeds from crime and terrorist financing, as amended by Act No. 368 / 2016 Coll., Act No. 527 / 2020 Coll. and Act No. 107 / 2024 Coll.:
Decree No. 67 / 2018 Coll., on certain requirements for the system of internal principles, procedures and control measures against the legalisation of proceeds from crime and terrorist financing, as amended by Decree No. 235 / 2021 Coll., is amended as follows:
1. in Article 3 (1) (a), the words "8 and 10 and paragraph 2 (a) and (b)" shall be replaced by the words "10 and (h) (5) and (2) (a)";
2. in Paragraph 3 (1), point (b) is deleted;
Point (c) shall be renumbered (b).
3. in Article 7 (2) (n), the word "property" is replaced by the word "capital."
4. In Article 7, at the end of paragraph 2, the dot is replaced by a comma and the following point (r) is added:
"(r) negative information on the client or his beneficial owner obtained from the media or other relevant sources of information.";
5. in Article 9 (3) (a), the words "a State which does not apply measures insufficiently or at all" shall be replaced by the words "a third country which has strategic deficiencies in the fight," the words "and is so designated in the directly applicable regulation" shall be replaced by the words "or is so designated as" a high risk jurisdiction subject to a call for action, "and the words" or shall be considered as high risk for another reason "shall be added at the end of the text.
6. in Article 9 (4) (a), the words "a State which is insufficiently or does not apply measures" shall be replaced by the words "a third country which has strategic struggles," the words "and is thus designated in a directly applicable regulation" shall be replaced by the words "directly applicable regulation," or the words "or so designated by the Financial Action Committee" shall be replaced by the words "or which is designated as a high risk jurisdiction subject to a call for action by the Financial Action Committee, or which must be regarded as being highly risky for another reason," and the words "such a State" shall be replaced by the words "such third country or otherwise related to such a third country."
7. In Article 10, the following paragraph 3 is added:
"(3) An institution shall, within the framework of the internal principles system, establish and apply the procedures and rules governing the assessment of whether the conduct of an inspection or part thereof could result in the destruction or threat of a suspicious transaction investigation under Section 9b of the Act. These rules shall include at least a procedure to establish the reason for not carrying out the customer's inspection, its evaluation and the procedure for the execution of the transaction and the notification of the suspicious transaction in such cases, including the formalities for notification provided for in Article 18 (7) of the Act. In such cases, the institution shall record the reasons and circumstances for not carrying out the check or part thereof. ';
8. In the second sentence of Article 12 (2), the word "timely 'shall be inserted after the words" procedures to'.
9. In Section 14, the words "and remote identification 'are added.
10. In the second sentence of Article 14, the words "provide for appropriate risk management measures related to the possibility of using a payment account held with a foreign credit institution to carry out remote identification in accordance with Article 11 (7) of the Act," and "upon receipt" are replaced by the words "take-over."
11. In Article 16, the following paragraph 2 is inserted after paragraph 1:
"(2) An institution under the Internal Principles System shall establish a compliance officer position in the field of preventing the legalisation of proceeds from crime and terrorist financing, unless this is proportionate to the scale and nature of its business."
Paragraph 2 shall become paragraph 3.
12. In Article 16 (3) of the introductory part of the provision, the words "and 2 'are inserted after the words" paragraph 1'.
13. in Article 16 (3) (c), the words "and persons who participate in the subject matter of an institution other than in a basic employment relationship" shall be inserted after the word "staff."
14. In Article 16, at the end of paragraph 3, the dot is replaced by a comma and the following point (e) is added:
"(e) procedures, principles and rules for the selection of a compliance officer in the field of the prevention of the legalisation of proceeds from crime and terrorist financing and the definition of its responsibilities and powers.";
15. in Article 17 (1) of the introductory part of the provision, the words "suspicious transactions" are replaced by the words "possible suspicion of the legalisation of proceeds from crime or terrorist financing."
16. In Article 19 (2), the third sentence is replaced by the following: "Where an institution has established a compliance officer in the field of the prevention of the legalisation of proceeds from crime and terrorist financing, that controller shall prepare an evaluation report or at least express itself to the completeness and regularity of the assessment report. In the event that the position of the controller in the field of preventing the legalisation of proceeds from crime and terrorist financing is not established by the institution, the evaluation report shall be prepared by the contact person in accordance with Article 22 of the law or the evaluation report at least contains the statement of the contact person on the completeness and regularity of the evaluation report. ';
Efficacy
This Decree shall take effect on the day following that of its publication.
Governor:
Michl, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 108 / 2024 Coll., amending Decree No. 67 / 2018 Coll., on certain requirements for the system of internal principles, procedures and control measures against the legalisation of proceeds from crime and terrorist financing, as amended by Decree No. 235 / 2021 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.04.2024 |
|---|---|
| Effective from | 01.05.2024 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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