Act No. 254 / 2008 Coll.
Law amending certain laws in connection with the adoption of a law on certain measures against the legalisation of proceeds from crime and terrorist financing
Valid
Effective from 01.09.2008
Contents
ČÁST PRVNÍ
Čl. I
ČÁST DRUHÁ
Čl. II
ČÁST TŘETÍ
Čl. III
ČÁST PÁTÁ
Čl. V
ČÁST ŠESTÁ
Čl. VI
ČÁST OSMÁ
Čl. VIII
ČÁST DEVÁTÁ
Čl. IX
ČÁST DESÁTÁ
Čl. X
ČÁST JEDENÁCTÁ
Čl. XI
ČÁST TŘINÁCTÁ
Čl. XIV
ČÁST ČTRNÁCTÁ
Čl. XV
ČÁST PATNÁCTÁ
Čl. XVI
ČÁST ŠESTNÁCTÁ
Čl. XVII
ČÁST SEDMNÁCTÁ
Čl. XVIII
ČÁST OSMNÁCTÁ
Čl. XIX
ČÁST DEVATENÁCTÁ
Čl. XX
ČÁST DVACÁTÁ DRUHÁ
Čl. XXV
㤠21
㤠46d
ČÁST DVACÁTÁ TŘETÍ
Čl. XXVI
Čl. XXVII
ČÁST DVACÁTÁ ČTVRTÁ
Čl. XXVIII
ČÁST DVACÁTÁ PÁTÁ
Čl. XXIX
ČÁST DVACÁTÁ ŠESTÁ
Čl. XXX
ČÁST DVACÁTÁ SEDMÁ
Čl. XXXI
ČÁST DVACÁTÁ OSMÁ
Čl. XXXII
ČÁST DVACÁTÁ DEVÁTÁ
Čl. XXXIII
254
THE LAW
of 5 June 2008
amending certain laws in connection with the adoption of a law on certain measures against the legalisation of proceeds from crime and terrorist financing
Parliament has decided on this law of the Czech Republic:
Amendment to the Capital Market Supervisory Act
In Act No. 15 / 1998 Coll., on supervision in the field of capital market and amending and supplementing other laws, Part 11, including the title, is deleted.
Amendment to the Banking Act
Act No. 21 / 1992 Coll., on Banks, as amended by Act No. 264 / 1992 Coll., Act No. 292 / 1993 Coll., Act No. 156 / 1994 Coll., Act No. 83 / 1995 Coll., Act No. 84 / 1995 Coll., Act No. 70 / 1996 Coll., Act No. 159 / 1997 Coll., Act No. 16 / 1998 Coll., Act No. 127 / 1998 Coll., Act No. 57 / 1999 Coll., Act No. 62 / 2006 Coll., Act No. 70 / 1996 Coll., Act No. 159 / 2004 Coll., Act No. 239 / 2001 Coll., Act No. 377 / 2005 Coll., Act No. 126 / 2002 Coll., Act No. 453 / 2003 Coll., Act No. 257 / 2004 Coll., Act No. 439 / 2004 Coll., Act No. 377 / 2005 Coll.
1. in Paragraph 1 (3) (k), the words "(purchase of foreign exchange funds)" shall be deleted;
2. in Article 25a (4) (f):
"(f) combating the legalisation of the proceeds of crime and the financing of terrorism or the implementation of international sanctions in order to maintain international peace and security, the protection of fundamental human rights and the fight against terrorism;"
3. In Paragraph 37 (1), the second sentence is deleted.
4. In Paragraph 38 (2), the third sentence is replaced by the sentence "The breach of the obligation to keep banking secrets is not also a communication of data on the client and his business when filing a criminal notification or when carrying out a notification under the law on certain measures against the legalisation of proceeds from crime and terrorist financing or under the law on the implementation of international sanctions."
5. in Paragraph 38 (3) (e):
"(e) the Ministry of Finance under the conditions laid down by the Law on certain measures against the legalisation of proceeds from crime and terrorist financing or by the Act on the implementation of international sanctions;"
6. Article 44a is deleted.
Amendment to the Pension Insurance Act with a State contribution
In Article 7 (7) of Act No. 42 / 1994 Coll., on the supplementary pension scheme with a State contribution and on the amendments to certain laws relating to its implementation, as amended by Act No. 61 / 1996 Coll., Act No. 36 / 2004 Coll., Act No. 57 / 2006 Coll. and Act No. 70 / 2006 Coll., the third sentence is replaced by the sentence "Under the conditions laid down by special legislation, persons listed in the first sentence for the purposes of civil proceedings, execution proceedings under the enforcement order, the exercise of banking supervision on a consolidated basis, criminal proceedings, tax administration and compliance with the obligation to the competent authority under the law on certain measures against the legalisation of proceeds from crime and terrorist financing or under the law on the implementation of international sanctions are exempt from confidentiality."
Amendment to Act No. 159 / 2000 Coll.
In Act No. 159 / 2000 Coll., amending Act No. 61 / 1996 Coll., on certain measures against the legalisation of proceeds from crime and amending and supplementing related laws, as amended by Act No. 15 / 1998 Coll., and certain other laws, the first part, including the title, is deleted.
Amendment to the Freedom of Information Act
In Article 11 (4) of Act No. 106 / 1999 Coll., on Free Access to Information, as amended by Act No. 159 / 2000 Coll. and Act No. 61 / 2006 Coll., paragraph (e):
"(e) the activities of the Ministry of Finance under the Act on certain measures against the legalisation of proceeds from crime and terrorist financing or under the Act on the implementation of international sanctions."
footnote 12a is deleted.
Amendment of the Act on the Czech Consolidated Agency
In Act No. 239 / 2001 Coll., on the Czech consolidation agency and on the amendment of certain laws (Act on the Czech consolidation agency), part six, including the title, is deleted.
Amendment to the Raw Diamond Management Act
In Act No. 440 / 2003 Coll., on the treatment of rough diamonds, on the terms and conditions of their import, export and transit and on the amendment of certain laws, Part Three, including the title, is deleted.
Amendment to the Act amending certain laws in connection with the adoption of the Capital Market Enterprise Act, the Collective Investment Act and the Bond Act
In Act No. 257 / 2004 Coll., amending certain laws in connection with the adoption of the Capital Market Enterprise Act, the Collective Investment Act and the Bonds Act, part 12, including the title, is deleted.
Amendment to Act No. 284 / 2004 Coll.
In Act No. 284 / 2004 Coll., amending Act No. 61 / 1996 Coll., on certain measures against the legalisation of proceeds from crime and amending and supplementing related laws, as amended, and certain other laws, as amended, as amended by Act No. 344 / 2004 Coll., Part One, including the title, is deleted.
Amendment to the Lawyer Act
In the second sentence of Section 21 (6) of Act No. 85 / 1996 Coll., on Advocate, as amended by Act No. 210 / 1999 Coll. and Act No. 79 / 2006 Coll., the words "Special Act on Measures Against the Legalisation of Proceeds from Crime 9a) 'are replaced by the words" Act on Certain Measures Against the Legalisation of Proceeds from Crime and Terrorism Financing'.
footnote 9a is deleted.
Amendment to Act No 344 / 2005 Coll.
In Act No 344 / 2005 Coll., amending Act No 61 / 1996 Coll., on certain measures against the legalisation of proceeds from crime and amending and supplementing related laws, as amended, Act No 358 / 1992 Coll., on notaries and their activities (notarial order), as amended, and Act No 284 / 2004 Coll., amending Act No 61 / 1996 Coll., on certain measures against the legalisation of proceeds from crime and amending and supplementing related laws, as amended, and certain other laws, the first part, including the title, shall be deleted.
Amendment to the Law on Territorial Financial Bodies
In Act No. 444 / 2005 Coll., amending Act No. 531 / 1990 Coll., on Territorial Financial Authorities, as amended, and some other laws, Part 60, including the title, is deleted.
Amendment to the law amending the Capital Market Enterprise Act
In Act No. 56 / 2006 Coll., amending Act No. 256 / 2004 Coll., on Capital Market Business, as amended, and other related laws, the second part, including the title, is deleted.
Amendment of the Act on the amendment of laws in connection with the unification of financial market supervision
In Act No. 57 / 2006 Coll., on the amendment of laws in connection with the unification of financial market supervision, Part Seven, including the title, is deleted.
Amendment of the Act on savings and credit cooperatives
Act No. 87 / 1995 Coll., on savings and credit cooperatives and certain measures related thereto and on the addition of Act No. 586 / 1992 Coll., on Income Tax, as amended, as amended, Act No. 100 / 2000 Coll., Act No. 406 / 2001 Coll., Act No. 212 / 2002 Coll., Act No. 257 / 2004 Coll., Act No. 280 / 2004 Coll., Act No. 377 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 126 / 2008 Coll., Act No. 56 / 2006 Coll., Act No. 57 / 2006 Coll., Act No. 70 / 2006 Coll., Act No. 120 / 2007 Coll., Act No. 296 / 2007 Coll., Act No. 126 / 2008 Coll., is amended as follows:
1. in Article 25a (4) (f), the words "and the financing of terrorism" shall be inserted after the words "activities."
2. In the last sentence of Paragraph 25b (2), the words "Special Act 19) 'are replaced by the words" Act on certain measures against the legalisation of proceeds from crime and terrorist financing or the Act on the implementation of international sanctions'.
footnote 19 is deleted.
3. in Article 25b (3) (d):
"(d) the competent authority pursuant to the Act on certain measures against the legalisation of proceeds from crime and terrorist financing or the Act on the implementation of international sanctions,"
Amendment to the law amending certain laws in connection with the adoption of the law on the implementation of international sanctions
In Act No. 70 / 2006 Coll., amending certain laws concerning the adoption of the Act on the implementation of international sanctions, Part Three, including the title, is deleted.
Amendment of the Act on the Czech National Bank
Act No. 6 / 1993 Coll., on the Czech National Bank, as amended by Act No. 60 / 1993 Coll., Act No. 15 / 1998 Coll., Act No. 442 / 2000 Coll., Act No. 278 / 2001 Coll., Act No. 482 / 2001 Coll., Act No. 127 / 2002 Coll., Act No. 257 / 2004 Coll., Act No. 377 / 2005 Coll., Act No. 57 / 2006 Coll., Act No. 62 / 2006 Coll., Act No. 230 / 2006 Coll., Act No. 160 / 2007 Coll., Act No. 36 / 2008 Coll., and Act No. 124 / 2008 Coll., is amended as follows:
1.
(1) Counterfeit or amended banknotes and coins denominated in Czech or foreign currency, or banknotes and coins denominated in Czech or foreign currency, which are suspected to be counterfeit or amended (hereinafter referred to as "suspicious banknotes and coins"), are collected by legal persons without compensation and transmitted to the Czech National Bank. Those persons shall be entitled to require the person who has submitted suspicious banknotes and coins to prove his identity. The removal of suspicious banknotes and coins shall be notified by the person who took them to the law enforcement authorities.
(2) The obligations and authorisations referred to in paragraph 1 shall also apply to natural persons carrying out an exchange activity or providing monetary services under the Foreign Exchange Act. "
2. In Paragraph 22 (b), the word "falsified 'is replaced by" suspects'.
3. Paragraph 41 (6) is deleted.
Paragraph 7 shall become paragraph 6.
4.§ 46d, including the title reads:
Administrative offences against cash circulation
(1) A legal person or an operating natural person carrying out an exchange activity or providing monetary services under the Foreign Exchange Act shall commit an administrative offence by not taking away a suspected banknote or coin, although it is required to do so under § 21 or directly applicable legislation of the European Community11c) and shall not hand it over to the Czech National Bank.
(2) A fine of up to CZK 1 000 000 shall be imposed for the administrative offence referred to in paragraph 1. "
Amendment of the Trade Act
Act No. 1 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 6 / 2006, Act No. 5 / 2006, Act No. 6 / 2006, Act No. 5 / 2006, Act No. 6 / 2004, Act No. 6 / 1999, Act No. 6 / 1999, Act No. 6 / 1999, Act No. 6 / 1999, Act No. 6 / 1996 Coll., Act No. 6 / 1996 Coll.
1. in Article 3 (3) (a), the words "the activity of persons carrying out transfers of funds (11c), the activity of persons engaged in exchange activities (11d), the activity of persons engaged in foreign exchange license11d) shall be inserted after the words" payment system operators (11b), ";
footnotes 11c and 11d are as follows:
"11c) § 2a of Act No. 124 / 2002 Coll., as amended by Act No. 253 / 2008 Coll.
11d) Act No. 219 / 1995 Coll., Foreign Exchange Act, as amended. '
2. In the second sentence of Article 11 (8), "paragraph 12 'is replaced by" paragraph 11'.
3. In Article 31 (4), the words "cultural monuments or objects of cultural value 'shall be inserted after the words" without proof of acquisition' and the words "to identify its participants' shall be inserted after the words" under the law on certain measures against the legalisation of proceeds from crime and terrorist financing '.
4. Paragraph 31 (5) is deleted.
Paragraphs 6 to 19 shall become paragraphs 5 to 18.
5. In Article 31 (6), the first sentence, including footnote 31b, is deleted.
6. In Paragraph 31 (6), "paragraphs 4, 5 and 6 'are replaced by" paragraphs 4 and 5'.
7. In Paragraph 31 (12), "paragraph 12 'is replaced by" paragraph 11';
8. In Paragraph 31 (13), "paragraphs 12 and 13 'are replaced by" paragraphs 11 and 12';
9. In Paragraph 62 (1) (m), "7 'is replaced by" 6' and "4, 5, 6 'is replaced by" 4 and 5'.
10. in Paragraph 62 (1) (n), "paragraph 8" is replaced by "paragraph 7."
11. in Paragraph 62 (1) (o), "paragraph 9" is replaced by "paragraph 8."
12. in Paragraph 62 (1) (p), "paragraph 10" is replaced by "paragraph 9."
13. in Paragraph 62 (1) (q), "paragraph 12" is replaced by "paragraph 11";
14. in Paragraph 62 (1) (r), "paragraph 13" is replaced by "paragraph 12."
15. in Paragraph 62 (1) (s), "paragraph 15" is replaced by "paragraph 14."
16. in Paragraph 62 (1) (t), "paragraph 16" is replaced by "paragraph 15."
17. in Paragraph 62 (1) (u), "paragraph 17" is replaced by "paragraph 16."
Transitional provision
The outstanding procedure for the award of the "Currency Exchange Activities' concession is terminated on the date of entry into force of this Act. The Trade Union Office shall, within 15 working days, return to the applicant the application for a concession and the documents attached to the application, while also instructing him about the new rules governing the registration for foreign exchange activities under the Foreign Exchange Act. The Trade Office shall also refund the administrative fee if it has been paid.
Amendment of the Administrative Charges Act
In Part I, entry 10 of the Annex to Act No 634 / 2004 Coll., on administrative fees, as amended by Act No 312 / 2006 Coll., the following point (c) is inserted after point (b), including footnote 9a:
"(c) The identification and drawing up of the authentic instrument of identification9a) CZK 200
9a) Act No. 253 / 2008 Coll., on certain measures against the legalisation of proceeds from crime and terrorist financing. '
Points (c) and (d) shall be renumbered points (d) and (e).
Amendment of the Tax Advice Act and the Chamber of Tax Advisers of the Czech Republic
Act No. 523 / 1992 Coll., on Tax Advice and Chamber of Tax Advisers of the Czech Republic, as amended by Act No. 170 / 2004 Coll., Act No. 284 / 2004 Coll., Act No. 70 / 2006 Coll., Act No. 312 / 2006 Coll., Act No. 124 / 2008 Coll. and Act No. 189 / 2008 Coll., is amended as follows:
1. In the second sentence of Article 6 (8), the words "including for criminal proceedings' shall be inserted after the words" This obligation '.
2. In the last sentence of Article 6 (8), the words "specific legislation on combating the legalisation of proceeds from crime or specific legislation on the implementation of international sanctions in order to maintain international peace and security, the protection of fundamental human rights and the fight against terrorism 'are replaced by the words" law on certain measures against the legalisation of proceeds from crime and terrorist financing and the law on the implementation of international sanctions'.
3. In Section 12 (1) of the Introductory Part of the provision, the words "or the Act on certain measures against the legalisation of proceeds from crime and terrorist financing 'are inserted after the words" this Act'.
4. In Paragraph 12 (1) (b), "Kčs' is replaced by" Kč '.
Amendment of the Enforcement Order
Act No. 120 / 2001 Coll., on judicial executors and enforcement activities (Enforcement Order) and amending other laws, as amended by Act No. 6 / 2003 Coll., Act No. 279 / 2003 Coll., Act No. 360 / 2003 Coll., Act No. 53 / 2004 Coll., Act No. 257 / 2004 Coll., Act No. 284 / 2004 Coll., Act No. 499 / 2004 Coll., Act No. 501 / 2004 Coll., Act No. 253 / 2005 Coll., Act No. 296 / 2007 Coll., Act No. 347 / 2007 Coll., Act No. 70 / 2006 Coll., Act No. 79 / 2006 Coll., Act No. 133 / 2006 Coll., Act No. 253 / 2006 Coll.
1. In the first sentence of Article 7 (5), "a 'is replaced by" comma and at the end of the sentence the words' and above compliance with the obligations laid down by the executive by law on certain measures against the legalisation of proceeds from crime and terrorist financing 'are added.
2. In the second sentence of Article 31 (7), the words "specific legislation on combating the legalisation of proceeds from crime or specific legislation on the implementation of international sanctions in order to maintain international peace and security, the protection of fundamental human rights and the fight against terrorism 'are replaced by the words" law on certain measures against the legalisation of proceeds from crime and the financing of terrorism and the law on the implementation of international sanctions'.
3. In Section 116 (2) of the Introductory Part of the provision, the words "by law or bylaws' are replaced by the words" by law, regulation or act on certain measures against the legalisation of proceeds from crime and terrorist financing '.
Amendment of the Auditor Act
Act No. 254 / 2000 Coll., on Auditors and amending Act No. 165 / 1998 Coll., as amended by Act No. 209 / 2002 Coll., Act No. 169 / 2004 Coll., Act No. 284 / 2004 Coll., Act No. 56 / 2006 Coll., Act No. 57 / 2006 Coll., Act No. 70 / 2006 Coll., Act No. 296 / 2007 Coll. and Act No. 124 / 2008 Coll., is amended as follows:
1. In the last sentence of Article 15 (1), the words "specific legislation on combating the legalisation of proceeds from crime or specific legislation on the implementation of international sanctions in order to maintain international peace and security, the protection of fundamental human rights and the fight against terrorism 'are replaced by the words" law on certain measures against the legalisation of proceeds from crime and the financing of terrorism and the law on the implementation of international sanctions'.
2. In Section 21 (1) of the Introductory Part of the provision, the word "or 'is replaced by a comma and the words" or by the law on certain measures against the legalisation of proceeds from crime and terrorist financing' are inserted after the word "Directive '.
3. In Article 21 (3) of the Introductory Part of the provision, the word "or 'is replaced by a comma and the words" or by the law on certain measures against the legalisation of proceeds from crime and terrorist financing' are inserted after the word "directives'.
4. In Paragraph 33 (3), the words "regulations and 'are replaced by the words" regulations,' and the words "directives' are inserted after the words" or by the law on certain measures against the legalisation of proceeds from crime and terrorist financing '.
Change of notarial order
In Article 56 (6) of Act No. 358 / 1992 Coll., on notaries and their activities (notarial order), as amended by Act No. 284 / 2004 Coll., Act No. 344 / 2005 Coll. and Act No. 70 / 2006 Coll., the words "special legislation on combating the legalisation of proceeds from crime or specific legislation on the implementation of international sanctions for the purpose of maintaining international peace and security, the protection of fundamental human rights and the fight against terrorism 'are replaced by the words" Act on certain measures against the legalisation of proceeds from crime and the financing of terrorism or the Act on the implementation of international sanctions'.
EFFECTIVE
That law shall take effect on the first day of the second calendar month following its publication.
Wolf
Klaus v. r.
Topolánek v. r.
Contents
ČÁST PRVNÍ
Čl. I
ČÁST DRUHÁ
Čl. II
ČÁST TŘETÍ
Čl. III
ČÁST PÁTÁ
Čl. V
ČÁST ŠESTÁ
Čl. VI
ČÁST OSMÁ
Čl. VIII
ČÁST DEVÁTÁ
Čl. IX
ČÁST DESÁTÁ
Čl. X
ČÁST JEDENÁCTÁ
Čl. XI
ČÁST TŘINÁCTÁ
Čl. XIV
ČÁST ČTRNÁCTÁ
Čl. XV
ČÁST PATNÁCTÁ
Čl. XVI
ČÁST ŠESTNÁCTÁ
Čl. XVII
ČÁST SEDMNÁCTÁ
Čl. XVIII
ČÁST OSMNÁCTÁ
Čl. XIX
ČÁST DEVATENÁCTÁ
Čl. XX
ČÁST DVACÁTÁ DRUHÁ
Čl. XXV
㤠21
㤠46d
ČÁST DVACÁTÁ TŘETÍ
Čl. XXVI
Čl. XXVII
ČÁST DVACÁTÁ ČTVRTÁ
Čl. XXVIII
ČÁST DVACÁTÁ PÁTÁ
Čl. XXIX
ČÁST DVACÁTÁ ŠESTÁ
Čl. XXX
ČÁST DVACÁTÁ SEDMÁ
Čl. XXXI
ČÁST DVACÁTÁ OSMÁ
Čl. XXXII
ČÁST DVACÁTÁ DEVÁTÁ
Čl. XXXIII
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Regulation Information
| Citation | Act No. 254 / 2008 Coll., amending certain laws in connection with the adoption of a law on certain measures against the legalisation of proceeds from crime and terrorist financing |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.07.2008 |
|---|---|
| Effective from | 01.09.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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