Decree No 344 / 2004 Coll.
Decree on the fulfilment of the notification obligation under Act No. 61 / 1996 Coll., on certain measures against the legalisation of proceeds from crime and on the amendment and addition of related laws
Valid
Effective from 01.09.2004
344
DECLARATION
of 18 May 2004
on the fulfilment of the reporting obligation under Act No. 61 / 1996 Coll., on certain measures against the legalisation of proceeds from crime and amending and supplementing related laws
According to Article 20 (1) of 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. 159 / 2000 Coll. and Act No. 284 / 2004 Coll.:
(1) An organisational unit of the Ministry of Finance, with which the obliged entity fulfils the reporting obligation and which operates on behalf of the Ministry of Finance, is called the Financial Analysis Department.
(2) The mandatory person who designates staff members to ensure the continuous exchange and exchange of information with the Financial Analysis Service and to fulfil the reporting obligation on suspected trade (hereinafter referred to as the contact person) shall communicate the name, surname, address of the workplace, job title, telephone and, where appropriate, fax or other contact person in writing to the Financial Analysis Service, as listed in Annex 1. It shall immediately notify any changes to the reported data. If the Financial Analysis Service does not receive such a communication, the contact person shall be the statutory authority, in the case of the collective statutory authority, the person acting on its behalf, and in the case of the entrepreneur, the natural person directly the entrepreneur.
(1) The obliged entity shall comply with the notification obligation in the form of a registered letter to the address of the Financial Analysis Service or in writing or orally to the Protocol, at the place designated by prior agreement with that Service. A written notification of a suspected transaction shall also be deemed to be a notification by electronic means ensuring the specific protection of the data transmitted.
(2) If the circumstances of the case so require, in particular if there is a danger of delay, the Financial Analysis Service may also be informed by telephone, fax or by e-mail of the communication message referred to in Annex 1, if it is required in accordance with the second sentence of Article 4 (2) of Act No 61 / 1996 Coll., of certain measures against the legalisation of the proceeds of crime and of the amendment and additions of related laws, as amended. Outside the working hours, alerts may be made only by telephone to the telephone number listed in Annex 1 in case of default hazards. This notice does not replace the submission of a suspicious transaction notice.
(3) The moment of receipt of a notice of suspected trade by the Financial Analysis Service shall be the time indicated in the stamp of the presentation of that service on the notification received in person, on the registered letter or the valuable writing, the time indicated in the Protocol, or the time of receipt of the electronically submitted notification.
(4) The details of the suspicious transaction notification are set out in Annex 2.
They shall be deleted:
1. Decree No. 183 / 1996 Coll., on the fulfilment of the reporting obligation by financial institutions.
2. Decree No. 223 / 2000 Coll., amending Decree No. 183 / 1996 Coll., on the fulfilment of the reporting obligation by financial institutions.
This Decree shall take effect on 1 September 2004.
Minister:
Sobotka v. r.
Příloha č. 1
Annex No 1 to Decree No 344 / 2004 Coll.
Information for connection to the Financial Analysis Service:
Information for connection to the Financial Analysis Service:
1. Postal address of the Financial Analytical Department reads: Ministry of Finance, Financial Analytical Department, Post Office 675, Jindřišská 14, 111 21 Praha 1.
2. Other connections to the Financial Analysis Unit:
| telefon: | +420-25704-4501, nebo |
| +420-603-587663 mimo obvyklou pracovní dobu (pracovní dny 8.00 až 16.00 hod.); | |
| fax: | +420-25704-4502; |
| e-mail: | „[email protected]“. |
Příloha č. 2
Annex No 2 to Decree No 344 / 2004 Coll.
Forms of notification of suspicious trade
I.
Identifying information of the suspected transaction notifier:
A commercial firm (name and surname) or a name including a distinctive supplement or other designation; the registered office (address for service); the identification number; business subject according to registration in the Commercial Register or according to a commercial licence or other business authorisation - only that business subject which is related to the notification.
II.
Identification of the person to whom the notification relates:
A) Natural person:
Name and surname including any other surnames used and surnames (clearly distinguish the name and surname in the cases in question); the address of the place of residence in the Czech Republic, or outside the Czech Republic, and other addresses used, the birth number or date of birth, the place of birth, the type and number of the identity card, when and by whom it was issued and the dates of its validity, nationality, sex (if not apparent from other information), or other identification data provided on the identity card.
B) Natural person - businessman:
In addition to the information referred to in point (A), the supplements used in the business or, where applicable, the company registered and the identification number, the subject matter of the business according to the business licence or registration and place of business.
C) Legal person:
A trade firm or name, including a differentiated appendix or other designation, registered office, identification number or similar number, name, surname, birth number or date of birth and residence of persons who are its statutory authority or its member; where the statutory authority or its member is a legal person, its trading firm or name, including a different supplement or other designation, place of business and identification number and identification details of persons who are its statutory authority or its member, the identification details of the majority shareholder or the controlling person.
In addition, within the scope of point (A), the identification data of a natural person acting on behalf of the person concerned by the notification when represented in the reported suspected transaction and in each case in the case of a legal person. The required identification data need not be detailed if they are documented in an annex to the notification of a copy of that part of the relevant document (e.g. an extract from a trade register or similar register or identity card) containing this information.
III.
Description of subject matter and essential circumstances of the suspicious transaction
The notifier shall indicate the subject matter and material circumstances of the suspected transaction known to him. In particular: the reason for the transaction indicated by the participant; a description of the cash or other means of payment used and other circumstances of the cash payment; time data; the number of the accounts on which the funds in respect of which the notification is made are concentrated and all accounts on or from which they have been or are to be transferred, including the identification of their owners and holdings, if the notifier has access to this information; currency; what business is suspected of; where appropriate, the telephone and fax numbers found; description and registration numbers of means of transport; a description of the conduct of both the trade participant and its members and any other information that might be of information significance to the parties or the transaction in question.
Any other information that may be related to a suspicious transaction - e.g. information about other transactions and persons related to a suspicious transaction or persons who might provide further information on it.
The description shall include copies of all the notifications given and the subject of the notifications of the related documents available to the notifier.
IV.
Information on execution or postponement of the transaction
The notifier shall indicate whether and when the transaction was executed or whether it was postponed pursuant to § 6 (1) or § 6 (3) of Act No. 61 / 1996 Coll., or why the transaction was or was not executed.
V.
Contact information
The name, surname and business classification of the person who gives the notification of a suspicious transaction (can be replaced by a code assigned to the registered contact person by the Financial Analysis Service), the possibility of connecting to receive instructions from the Ministry of Finance, including the possibility of connecting even outside normal working hours (telephone, fax, e-mail). Contact information may be given separately from its own notification text; However, they must be clear to which notification they relate.
The date, time and place of submission of the notification and the signature of the person carrying out the notification obligation, who is also responsible for the accuracy of those data.
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Regulation Information
| Citation | Decree No 344 / 2004 Coll., on the fulfilment of notification obligations under Act No. 61 / 1996 Coll., on certain measures against the legalisation of proceeds from crime and on the amendment and addition of related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.06.2004 |
|---|---|
| Effective from | 01.09.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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