Act No. 280 / 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
Valid
Law
Effective from 30.12.2024
Contents
ČÁST PRVNÍ
Čl. I
㤠11a
㤠25b
㤠29b
㤠29e
§ 29f
㤠41a
§ 41b
㤠42
㤠42a
§ 42b
§ 42c
㤠50c
㤠51a
Čl. II
ČÁST DRUHÁ
Čl. III
„HLAVA II
§ 8d
„Díl 1
„Díl 2
§ 9a
§ 9b
§ 9c
Díl 3
§ 9d
㤠12b
„Díl 1
„Díl 2
§ 16b
§ 16c
„HLAVA VI
§ 16d
§ 16e
§ 16f
㤠18
§ 19
ČÁST TŘETÍ
Čl. IV
„Díl 1
§ 8b
ČÁST ČTVRTÁ
Čl. V
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280
THE LAW
of 11 September 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. 94 / 2018 Coll., Act No. 49 / 2011 Coll., Act No. 428 / 2011 Coll., Act No. 243 / 2013 Coll., Act No. 257 / 2014 Coll.
1. In footnote 2, the second sentence is replaced by "Regulation (EU) 2023 / 1113 of the European Parliament and of the Council of 31 May 2023 on information accompanying transfers of funds and certain cryptoassets and amending Directive (EU) 2015 / 849 (recast) '.
2. In Article 2 (1), the following point 15 is added at the end of point (b), including footnote 48:
"15th virtual asset service provider to which the cryptoasset service provider is a cryptoasset service provider under the directly applicable European Union regulation governing the cryptoasset markets (48), including a credit institution, where it provides a virtual asset service, or a person providing services related to a virtual asset,
48) Regulation (EU) 2023 / 1114 of the European Parliament and of the Council of 31 May 2023 on cryptoasset markets and amending Regulations (EU) No 1093 / 2010 and (EU) No 1095 / 2010 and Directives 2013 / 36 / EU and (EU) 2019 / 1937, as amended. ';
3. in Article 2 (1), point (l) shall be deleted;
Points (m) to (o) shall be renumbered as points (l) to (n).
4. In Article 4 (2), the words "contractual 'and" contractual' are deleted.
5. in Article 4 (5) (a), the word "statutory" shall be replaced by "management or control."
6. in Article 4 (7) (a), the word "financial" shall be replaced by the word "cash."
7. In Article 4 (7) (b), the words "paper and 'are replaced by the words" paper,', the words "financial 'are replaced by the words" cash' and the words "and transactions in virtual assets or transfers of virtual assets' are inserted after the words" funds'.
8. Paragraph 4 (8) and (9) read:
"(8) For the purposes of this Act, a virtual asset means a cryptoasset according to the directly applicable regulation of the European Union governing the markets of cryptoasset 48), except:
(a) cryptoassets referred to in Article 2 (4) of Regulation (EU) 2023 / 1114 of the European Parliament and of the Council; and
(b) cryptoassets which are unique are not fungible by another cryptoasset and cannot be used for payment or investment.
(9) For the purposes of this Act, a virtual asset service shall mean a service related to cryptoassets pursuant to a directly applicable European Union regulation regulating the cryptoasset markets (48), with the exception of a service providing advice on cryptoassets under the directly applicable European Union regulation regulating cryptoasset markets (48). ';
9. In Article 4, the following paragraphs 10 and 11 are inserted after paragraph 9:
"(10) For the purposes of this Act, a person or trust fund entitled to provide services related to a virtual asset, other than a service provider associated with cryptoassets, shall be considered to be a person or trust fund entitled to provide services related to a virtual asset, in accordance with the directly applicable European Union regulation governing the markets for cryptoasset 48).
(11) For the purposes of this Act, an unhosted address shall mean an unhosted address in accordance with the directly applicable European Union regulation governing information accompanying transfers of funds and certain cryptoasset 20. ';
Paragraphs 10 to 14 shall be renumbered paragraphs 12 to 16.
Footnote 20 reads:
"(20) Regulation (EU) 2023 / 1113 of the European Parliament and of the Council of 31 May 2023 on information accompanying transfers of funds and certain cryptoassets and amending Directive (EU) 2015 / 849 (recast)."
10. In Section 4, paragraph 17 is added, including footnote 49:
"(17) Cash means cash for the purposes of this Act according to a directly applicable European Union regulation governing checks on cash entering or leaving the European Union (49).
49) Regulation (EU) 2018 / 1672 of the European Parliament and of the Council of 23 October 2018 on checks on cash entering or leaving the Union and repealing Regulation (EC) No 1889 / 2005. '
11. in Paragraph 9 (1) (d), the text "o)" is replaced by the text "n)."
12. In Article 11 (9), the second sentence is replaced by the following: "Where, on the basis of such verification, doubts arise that the client, product or trade do not pose an increased risk of abuse for the legalisation of proceeds from crime or terrorist financing, this procedure cannot be applied."
13. The following Section 11a is inserted after Section 11:
Identification of the represented client of the lawyer or notary
(1
(a) the client, who is a natural person, shall send a copy of the relevant parts of the identity card from which the information referred to in Article 8 (2) (a) may be ascertained, in accordance with Article 10 (4);
(b) the person acting as a client shall submit to the obliged person proof of the authorisation of that person to act as a client, which shall be accompanied by an officially certified signature of the client; if the official verification of signature is carried out in accordance with the rules of foreign law, it must comply with the conditions for the use of a foreign authentic instrument in the Czech Republic under the Act on Private International Law,
(c) record and verify the data and authorisations sent under (a) and (b) and identify the person acting as a client; Article 8 (1) and (2) and Article 8a shall apply mutatis mutandis when identifying a client.
(2) In the procedure referred to in paragraph 1, the lawyer or notary shall carry out the measures referred to in Article 9 (2) (b) and verify that the conditions for the application of that procedure are met and that, according to the information available to him, any client, any product or any particular trade does not pose an increased risk of abuse for the legalisation of proceeds from crime or terrorist financing. Where, on the basis of such verification, doubts arise that the client, product or trade does not pose an increased risk of abuse for the legalisation of proceeds from crime or terrorist financing, this procedure shall not apply. When assessing a risk, the lawyer or notary shall take into account the risk factors identified in the risk assessment under Section 21a.
(3) Where a client identified in accordance with paragraph 1 is not represented when dealing with a lawyer or notary by a person identified in that procedure, the lawyer or notary shall identify that client. ';
14. in § 14 of the introductory part of the provision and in § 16 (1) (a), the word "means 20)" is replaced by the words "means and certain cryptoactivy20)."
15. in Article 15 (1) (a) (2), the words "or Article 11 (7)" shall be replaced by "Article 11 (7) or Article 11a (1)."
16. In Paragraph 18, the sentence "The obliged person shall evaluate the available information and identify the suspicious transaction is added to the beginning of paragraph 1. '
17. in Article 20 (3) to (5):
"(3) Where there is a danger under paragraph 1 and the investigation of a suspected transaction requires a longer period of time for complexity, the Authority shall instruct the Commission to carry out the measures taken to:
(a) an extension of the period for which the client's orders are to be suspended, but not more than two more working days; or
(b) the postponement of the execution of the client's order or the freezing of assets to be the subject of a suspicious transaction with the obliged person to whom the property is located for up to 3 working days.
(4) The Authority shall issue instructions for the implementation of the measure referred to in paragraph 3 to the obliged person orally, by telephone, by fax or electronically. The Authority shall confirm this instruction in writing to the obliged entity. Only the obliged person who has submitted a notification of a suspected transaction or where the property to be the subject of the suspected transaction is located shall be informed of the order to implement this measure.
(5) The action referred to in paragraph 3 shall be implemented by the obliged entity as soon as it has instructed the Office to implement it. In turn, the obliged person shall inform the Office that he has carried out the measures referred to in paragraph 3 (b) and confirm the time from which the period referred to in paragraph 3 (b) is to run. In addition, it shall keep the Office informed of all relevant facts concerning the assets covered by the order referred to in paragraph 3. ';
18. in Articles 21 (2) to (4) and 21a (2), "(h) and (l)" shall be replaced by "and (h)";
19. Paragraph 22 (1) reads:
"(1) The mandatory person shall designate a specific staff member or a member of the statutory body to carry out the notification requirement under Paragraph 18 and to ensure that the Office is in constant contact at the operating time of the obliged entity and at the time when the obliged entity carries out the transactions. Where the obliged entity is a natural person and this is justified by the extent of its activities, it shall designate itself as the contact person. ';
20. In Paragraph 22, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) A mandatory person other than the mandatory person referred to in Article 2 (1) (g) shall inform the Office by means of a data box within 30 days of the date on which he became a mandatory person, or within 15 days of the date on which the data subject to the information obligation were changed, of:
(a) the name of the contact person;
(b) the working title of the contact person,
(c) data for connections, including telephone and electronic data;
(d) the time at which that person can be contacted;
(e) the type of obliged person referred to in Article 2 (1), indicating the type of obliged person.
(3) The Ministry of Finance shall determine by decree the format and structure of the submission referred to in paragraph 2. ';
Paragraphs 2 to 4 shall be renumbered paragraphs 4 to 6.
21. in Article 24, paragraphs 4 and 5 are added:
"(4) The mandatory person shall, at the direction of the supervisory authority referred to in Article 35 (1) within the time limit set by him, communicate the information necessary for administrative supervision to be carried out in accordance with Article 35 (7).
(5) The mandatory person shall, upon instructions from the Office within the time limit set by him, communicate the information necessary for strategic financial analysis. "
22. after § 25a, the following § 25b is inserted, including the title:
Specific provisions on virtual asset service providers
(1) The service provider associated with virtual assets in the risk assessment referred to in Article 21a (1) will always assess the risks of legalising the proceeds of crime and terrorist financing that may arise when transferring the virtual asset to an unhosted address or an unhosted address.
(2) In the case of enhanced client identification and control, the provider of virtual asset-related services shall also obtain, to the extent necessary to effectively manage the identified risk, additional documents or information on identification data
(a) the originator or receiver of the transfer of a virtual asset to or from an unhosted address; or
(b) the beneficial owner of the originator or recipient of the virtual asset referred to in (a).
(3) A service provider associated with virtual assets prior to establishing a correspondence relationship with a person not established in a Member State of the European Union and providing services similar to that of a service provider associated with virtual assets (hereinafter referred to as the "foreign service provider associated with virtual assets") is required to establish, in addition to Article 25 (2), whether:
(a) is a foreign service provider associated with virtual assets licensed or registered; and
(b) this foreign service provider associated with virtual assets with respect to ongoing correspondent accounts of virtual assets
1. identify and control clients having direct access to the accounts of a foreign service provider associated with virtual assets; and
2. is able to provide on request relevant data obtained in identifying and checking the client.
(4) A virtual asset service provider shall also update the information obtained under the control of a foreign virtual asset service provider if it identifies a new risk associated with that foreign virtual asset service provider.
(5) If a service provider associated with virtual assets terminates a correspondence relationship with a foreign service provider associated with virtual assets pursuant to Paragraph 25 (4), it shall record all circumstances relating to this Decision.
(6) The provider of services connected with virtual assets established in another Member State of the European Union and operating in the Czech Republic through an establishment is obliged to designate a central contact point. Paragraph 25a shall apply mutatis mutandis to the activities of the central contact point. '
23. in Article 26 (1), "Article 24 (1) and Article 24 (3)" shall be replaced by "and Article 24 (1), (3), (4) and (5)";
24. In Article 26, the following paragraph 5 is added:
"(5) The information referred to in paragraphs 4 and 5 of Article 24 shall be communicated by the Office to the auditor, the court executor or the tax advisor through the competent professional body. The auditor, court executive or tax advisor shall communicate to the Office, within the time limit specified by him, the information required by him through the competent professional body. ';
25. in § 27 (1) and (2), the words "§ 24 (1) and § 24 (3)" are replaced by "and § 24 (1), (3), (4) and (5)."
26. in Article 27 (4), the words "3, 4 and 5" shall be inserted after the words "Article 24 (1)."
27. in § 27a of the introductory part of the provision, the text "n)" is replaced by the text "m)."
28. in Article 27a, the following point (b) is inserted after point (a):
"(b) the obligation to designate a contact person and inform the Office in accordance with Section 22;"
Point (b) shall be renumbered (c).
29. in Article 27a, at the end of point (c), the dot is replaced by "a" and the following point (d) is added:
"(d) the obligation of confidentiality under Paragraph 38."
30. In Section 28 of the introductory part of the provision, the text "o) 'is replaced by the text" n)'.
(31) In Article 28 (b), the words "if he has doubts as to the trueness of the client identification data obtained, if the client refuses to submit to the identification or refuses to provide proof of the authorisation referred to in Article 8 (6)" shall be replaced by "pursuant to Article 15."
32. Article 29b, including the title, reads:
Specific provisions on cross-border service providers
The mandatory person referred to in Article 2 (2) (b) shall only have:
(a) an information obligation pursuant to Article 24 (1); and
(b) the obligation of confidentiality under Paragraph 38. ';
33.In Paragraph 29c (2):
"(2) The Office shall operate in the fields of activity governed by this Law and other legislation, including those of activity consisting of:
(a) receiving and collecting notifications of suspicious trade and other initiatives;
(b) assessing the notification of suspicious trade and other initiatives;
(c) in the assessment of the effectiveness of the initiation of a suspicious trade investigation;
(d) in the assessment of the way in which the suspicious trade investigation is ended,
(e) decisions on the acquisition, processing and sharing of information;
(f) the implementation of a strategic financial analysis covering trends and ways of legalising the proceeds of crime and terrorist financing and the creation of outputs based on that analysis;
(g) carrying out an operational financial analysis, linked to the investigation into the notification of suspected trade and other initiatives and the evaluation, acquisition, processing and sharing of related information;
(h) deciding on the conduct of checks; and
(i) in cooperation with law enforcement authorities and intelligence services, including the provision of information at their request. ";
34. The following Sections 29e and 29f are inserted after Section 29d:
Covering agent
(1) A means of covering means means a matter, including a cover document, a space or an activity to conceal the true identity of a person, to prevent the disclosure of his or her activities or to mask the activities of the Office.
(2) A cover document means a document or, where appropriate, another document to conceal the true identity of the natural person or to prevent the Office from divulging its activities.
(3) A staff member of the Office shall be entitled to use means of cover in the exercise of the duties of the Office under this Law or under the law governing the implementation of international sanctions, in the event that such exercise is thwarted, or that the life, health or property of the Office's staff or other person is endangered or that the Office's activities are divulged without its use.
(4) The cover document shall not include the card of a Member or Senator, a member of the Government, a member of the Banking Board of the Czech National Bank, a member of the College of the Supreme Audit Office and a judge of the Constitutional Court, a service card of a judge and a prosecutor and a document of a person living or deceased.
(5) The Minister of Finance shall decide on the issue of the cover document. The release of the cover document is technically ensured by the Ministry of the Interior.
(6) Where necessary, due to the nature of the cover document, the Ministry of the Interior shall be authorised to ensure, to the extent necessary, the insertion, modification, blocking or disposal of data related to the issue and use of the cover document in the information systems of the public administration maintained under specific legislation. The information system administrator is obliged to provide the necessary synergies to carry out the information activity to that extent and to ensure its purpose, in such a way as not to disclose the activities of the Ministry of Interior or the Office.
Measures relating to registration
In the context of the exercise of its powers under this Act or under the law governing the implementation of international sanctions, the Office may require from the Ministry of the Interior measures for the registration of personal data of the Office's staff, his spouse, partner, child, parents and their private vehicles, if they are to be reasonably expected to endanger their life or health, as well as measures for the registration of the cover documents of the Office's staff and vehicles used by the Office. ';
35. in Paragraph 30a (1):
"(1) The Office coordinates the risk assessment process for legalising the proceeds of crime and terrorist financing in the Czech Republic and processes national risk assessments at the level of the Czech Republic; the processing of national risk assessment is involved and, at the request of the Authority, provides information for the purposes of the processing of national risk assessment
(a) a public authority;
(b) the obliged person,
(c) an undertaking natural person and a legal person where they may have information related to the risks of legalisation of the proceeds of crime and terrorist financing. ";
36. in Paragraph 30a (6):
"(6) The Authority shall coordinate the implementation of the risk mitigation measures identified in the national risk assessment, for which the public authorities shall cooperate, including:
(a) the submission of an overview of the risk mitigation measures implemented and the associated statistical data; and
(b) keeping statistics relevant for assessing the effectiveness of the system of measures against the legalisation of proceeds from crime and terrorist financing. ';
37.In Article 34a, the following paragraph 2 is inserted after paragraph 1:
"(2) The Authority shall establish a system for receiving notifications of infringements under the directly applicable European Union regulation governing information accompanying transfers of funds and certain cryptoasset 20.";
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
38. in Paragraph 34a (4), "2" is replaced by "3."
39. in Paragraph 35 (2), the word "cashless" shall be deleted and the word "devices 20) shall be replaced by the words" devices and certain cryptoactive20 ";
40. Paragraph 35 (12) reads as follows:
"(12) When checking compliance with the obligations laid down by this law by providers of virtual asset services, the Office shall also check whether it is entitled to:
(a) the performance of the service provider's activities related to cryptoassets and any breach will be reported to the Czech National Bank; or
(b) the conduct of the trade is free and has declared the field of activity subject to compulsory notification under the Trade Code and, where applicable, the infringement shall be notified to the Trade Office. ';
41. In Paragraph 37 (1), the words "and the Office shall inform the Office in writing of the initiation of the inspection and of the outcome thereof" shall be deleted and the sentence "The competent professional body shall inform the Office in writing of the initiation of the inspection and the outcome thereof within 10 working days of the date on which such facts occurred."
42. in Paragraph 38 (1), the words "3, 4 or 5" shall be inserted after the words "paragraph 1";
43. The heading of Part Five reads: "TRANSFERS OF MONEY HOSPITAL."
44. The heading of § 41 reads: "Notification obligation."
45. In Article 41 (1), the words "valid tender in Czech or foreign currency, means of payment referred to in Article 13a (1), coins with a gold content of at least 90%, high-purity alloys with a gold content of at least 99,5%, travellers' cheques or cash orders convertible into cash, bearer securities or series, as well as other investment instruments which are signed but not containing the name of the consignee, totalling at least EUR 10 000 or more" shall be replaced by the words "cash in aggregate value of at least EUR 10 000."
46. In Paragraph 41 (2), the words "the items referred to in paragraph 1 'are replaced by the words" cash referred to in paragraph 1' and the words "such items together 'are replaced by the words" cash in hand'.
47. in Paragraph 41 (3) and (4), the words "the items referred to in paragraph 1 in total EUR 10 000 or more" shall be replaced by the words "cash in total at least EUR 10 000";
48. Paragraph 41 (5) is deleted.
Paragraphs 6 and 7 shall become paragraphs 5 and 6.
49. Paragraph 41 (6) is deleted.
50. The following Sections 41a and 41b are inserted after Section 41, including the headings:
Information obligation
(1) The person carrying cash at a total value of at least EUR 15 000 shall be required to communicate the details of the transfer at the request of the customs office.
(2) A person sending a postal or other consignment from the Czech Republic to a Member State of the European Union containing cash in aggregate value of at least EUR 15 000 or receiving such mail or other consignment in the Czech Republic from another Member State of the European Union shall, at the request of the customs office, be required to communicate the details of that consignment.
(3) In the communication referred to in paragraph 1 or 2, the person carrying, sending or receiving cash shall indicate:
(a) their identification data;
(b) identification of the owner of the cash;
(c) the identity of the recipient of the cash; and
(d) details of:
1. the type and value of cash;
2. the origin of the cash;
3. the purpose for which the cash is transferred, sent or received; and
4. the nature of the relationship under which the cash transport takes place.
Determination of cash value
(1) For the purposes of fulfilling the obligation under Article 41 (1) to (3) and Article 41a (1) and (2), the exchange rate published by the Czech National Bank for the penultimate Wednesday of the calendar month immediately preceding the calendar month in which the obligation arises shall apply.
(2) The value of cash other than currency according to the directly applicable regulation of the European Union governing checks on cash entering or leaving the European Union (49) shall be determined in accordance with the law governing the valuation of assets. "
51. Paragraph 42, including the title, reads:
Activities of the customs authorities of the Czech Republic
Contents
ČÁST PRVNÍ
Čl. I
㤠11a
㤠25b
㤠29b
㤠29e
§ 29f
㤠41a
§ 41b
㤠42
㤠42a
§ 42b
§ 42c
㤠50c
㤠51a
Čl. II
ČÁST DRUHÁ
Čl. III
„HLAVA II
§ 8d
„Díl 1
„Díl 2
§ 9a
§ 9b
§ 9c
Díl 3
§ 9d
㤠12b
„Díl 1
„Díl 2
§ 16b
§ 16c
„HLAVA VI
§ 16d
§ 16e
§ 16f
㤠18
§ 19
ČÁST TŘETÍ
Čl. IV
„Díl 1
§ 8b
ČÁST ČTVRTÁ
Čl. V
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Regulation Information
| Citation | Act No. 280 / 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 | 26.09.2024 |
|---|---|
| Effective from | 30.12.2024 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 659
The regulation text is for informational purposes only.
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