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 [Where] published the text of the Anti-Money Laundering and the Financing of Terrorism Act

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PostSubject: [Where] published the text of the Anti-Money Laundering and the Financing of Terrorism Act   Thu Sep 17, 2015 11:08 am

[Where] published the text of the Anti-Money Laundering and the Financing of Terrorism Act

Publishes agency all of Iraq [where] the text of the law against money laundering and the financing of terrorism, which was adopted by Parliament in its day, and includes 57 items.

According to the law: 
In the name of the people, the presidency 
based on what passed the House of Representatives and approved by the President of the Republic and based on the provisions of subsection [first] of article [61] and item [III] of article [73] of the Constitution. 
No. [] to the 2015 anti-laundering law laundering and financing of terrorism 
Chapter I: Definitions 
Article -1 - the following terms for the purposes of this Act the meanings indicated opposite thereto: 
First - Bank: The Central Bank of Iraq. 
Secondly - Governor: Governor of the Central Bank of Iraq. 
Thirdly - Council: The Council of the fight against money laundering and terrorist financing. 
IV. - Office: the fight against money laundering and financing terrorism office. 
V. - Funds: assets or property that is obtained by any means national such as currency and foreign currency financial and commercial papers and deposits and current accounts and financial investments and deeds and documents in whatever form including electronic or digital and precious metals and stones precious commodity and all of a financial value of real estate or movable and related rights, and what comes from those funds from interest and dividends, whether inside or outside Iraq. And any other kind of funds determined by the Board for the purposes of this law, a statement published in the official gazette. 
VI proceeds of crime: funds generated or obtained, directly or indirectly, in whole or in part, from the commission of one of the original crimes. 
VII original crime: every crime in law Iraqi of criminal offenses or misdemeanors. 
VIII - the financial institution: any natural or legal person engaged in an activity or more of the following operations for the benefit of a single customer or on his behalf: 
a - receipt of deposit and other money payable from the public such as banking own. 
b -alagherad. 
c-Leasing. 
(d) money or value transfer services 
(e) the issuance or payment methods Kptaqat debit and credit card management, bills of exchange and instruments traveler's checks and electronic money and so on. 
And - commitments and financial guarantees. 
g - trading or trafficking in the following: 
[1] money market instruments such as checks, bills and certificates of deposit 
[2] financial derivatives. 
[3] The foreign exchange. 
[4] exchange instruments, interest rates, and financial indicators 
[5] securities negotiable 
[6] futures contracts for commodities. 
h - Participation in issuing securities and the provision of financial services related to these versions. 
i - individual portfolios or collective management. 
j - Save cash or securities are flowing on behalf of a third party or its management. 
K - invest the money or the money or managed or operated on behalf of third 
parties.'s - version and life insurance and other types of insurance related to investment in locked or broker for insurance contract. 
m - switching money or currencies. 
n - any activity or another process determined by a decision of the Council of Ministers, on the proposal of the Council and published in the Official Gazette 
IX - Business and Professional designated non-financial and include the following: 
(a) Dalalan real estate, when they started transactions relating to the sale or purchase of real estate, or both, for the benefit of customers. 
b - goldsmiths and Dealers in precious metals or gems, when involved in cash transactions determine the worth of a statement issued by the President of the Council and published in the Gazette Official. 
© lawyers or accountants, whether they practice their profession freely or were partners or employees in specialized companies, when preparing or carrying out or carrying out transactions on behalf of their clients in respect of any of the following activities:

[1] buying or selling real estate. 
[ 2] client funds management, securities or other assets. 
[3] bank accounts or savings accounts or securities accounts management. 
[4] regulating contributions to the creation, operation or management companies. 
[5] the establishment, operation or management of legal persons or legal arrangements. 
[6] buying or selling companies. 
d - providers services companies, trusts and other companies, when preparing or carrying out transactions on behalf of the client on a commercial basis, and services include: 
[1] work as agent founder of legal persons 
[2] work or arranging for another person to act as Commissioner of director or partner in a partnership or in a similar position in the legal person. 
[3] provide the registered office or place of business, correspondence or mail address, or administrative address for a company or any legal person or legal arrangement. 
[4] act or arranging for another person to act as trustee of a trust fund or doing similar work for the benefit of a legal order. 
[5] act or arranging for another person to act as a contributor to my name. 
[6] any activity or other profession issued added, the decision of the Council of Ministers, on the Council's proposal, and published in the Official Gazette. 
X. Financing of Terrorism: any act committed by any person by any means, directly or indirectly, willfully, provide or collect funds or attempted to do so, from a legitimate source, or illegal, with a view to use, with knowing that these funds will be used, in whole or in part in the implementation of an act of terrorism, or of a terrorist or terrorist organization, whether the crime took place or did not fall apart from the State in which the act is located, or where there are terrorist or terrorist organization. 
XI terrorist act Includes: 
A - all the offenses established in this description in Iraqi law.

(  every act that constitutes according to "the definitions set forth in preventing the illegal seizure of aircraft for the year the Convention on crime [in 1970] and the Convention for the Suppression of crimes against the Safety of Civil Aviation for the year [1971] and the Convention Prevention and Punishment of Crimes against Internationally Protected Persons, for the year [1973]. And punishment of crimes against internationally protected persons within the year [1974] and the Convention for the Suppression of crimes against the Safety of Civil Aviation for the year [1975]. And the International Convention against the Taking of Hostages of the year [1979] and the Convention on the Physical Protection of Nuclear Material for the year [1980] and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation for the year [1988] and the Convention for the Suppression Unlawful Acts against the Safety of Maritime Navigation of the year [1988] and the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Almnchaouat Located on the Continental Shelf of the year [1988]. International Convention for the Suppression of Terrorist Bombings of the year [1997], or any other agreement or a related protocol financing of terrorism, the Republic of Iraq is a party "in them.

© any act intended to kill civilians or compromising the integrity Bantm or any other person not a party activist in hostilities in situations of armed conflict, when the purpose of such an act, intimidating a group of people or to compel a government or an international organization to do a certain job or to abstain from doing.

XII terrorist: every natural person has committed terrorist acts, as an actor "of the crime, or sign up where, or instigated the commission if it does not result in agitation effect, or complicity to commit, or agreed to commit, by any means, either directly or indirectly. Or is attempted. 
XIII terrorist organization: it is two or more agreement to commit terrorist acts, by any means, directly or indirectly, whether certain actions or non-specific or on processed her acts or facilitating the commission when the deal was structured " If configured in principle, continuing, "even for a short period of time. Whether the crime occurred or did not occur. Or any group of terrorists do any of the following acts:

(a) commit or attempt to commit terrorist acts, intentionally, by any means, directly or indirectly. 
B complicity in carrying out terrorist acts. 
C - the organization of terrorist acts, or directing others to commission. 
(d) to contribute to the perpetration of terrorist acts, with a group of persons acting with a common purpose, when they are contributing to deliberate, and in order to strengthen the terrorist act or with the knowledge intention of the group to commit a terrorist act. 
XIV beneficiary real: a natural person who owns or exercises control final directly or indirectly on the client. Or natural person who made ​​the transaction on his behalf as well as the person who exercises effective control over the final legal person or legal arrangement. 
XV booking: temporary ban on the transfer of funds or proceeds of crime or converted or replaced or disposed of on the basis of a decision issued by a competent court or a competent authority for a period of validity of the decision.

XVI freeze: ban the transfer of money, equipment or other media, transfer or disposition or movement when they are owned by individuals or specific entities or controlled by, based on a decision issued by a competent court or administrative body competent or committee the freezing of terrorist funds under the mechanism of the freeze based on "the actions taken by the United Nations Security Council or in accordance with the decisions and the duration of the decision. 
XVII. regulators: the competent authority to license or specific financial institutions, business and the professions of non-financial, or supervise and make sure of its commitment to the requirements leave necessitated by the fight against money laundering and terrorist financing, including the Ministry of Commerce and Ministry of Industry and the Central Bank of Iraq and the Securities Commission and the Office of Insurance and any other point of a decision to its jurisdiction as a supervisory decision of the Council of Ministers on the proposal of the Council and published in the Official Gazette.

XVIII suspicious process: any process believed to be partially or completely include funds obtained from a predicate offense. 
nineteenth - legal arrangements: the relationship arising under a contract between two or more parties, including not result in legal personality Kalsnadik credit or other similar arrangements for its emergence.

Ashron- mock bank: Registered Bank or licensed in the country or region without having a material which, do not belong to regulated effective banking supervision financial group. 
XI and Ashron- financial group: a group of companies or subsidiaries or any legal person exercises control over its branches and subsidiaries a.

the second and Ashron- customer: anyone who is prescribed or in any of the following acts with a financial institution or business and DNFBPs:

(a) the order, open, or execute a transaction or business relationship or account for him. 
(  to participate in the signing of the transaction or working relationship or account. 
© allocation or transfer of account or rights or obligations under the transaction. 
(d) authorize the treatment or control of the business relationship, or at the expense of. 
third and Ashron- client viewer: a client who no relation to the work relationship is expected to continue with it.

fourth and Ashron- working relationship: The relationship that develops between the financial institution or business and DNFBPs and its agent, which related to the activities and services provided by him when the institution predicted that the relationship extends for a period of time. 
fifth and Ashron- financial negotiable instruments: monetary instruments in the form of a document Bearer such as checks and tourist negotiable instruments including checks, promissory notes and payment orders that are bearer or demonstration him without restrictions or issued to beneficiaries my photos or in any other form is transmitted with the use of the holder. Chapter II offense of money laundering Article -2 - is guilty "of the crime money laundering each of the one of the following acts: I. transfer of funds, or moved, or replaced from one person knows or should know of it the proceeds of crime. For the purpose of concealing or disguising the source of illegal or help the perpetrator or the perpetrator of the original crime or contributed to the commission or the commission of the predicate offense to evade the responsibility for them. Second hide money or disguising the truth, source, location or condition, disposition or movement, or ownership or related rights, the person knows or should know of it the proceeds of crime. III acquire money, possession or use, of a person knows or should know of the time they received the proceeds of crime. Article - 3. Do not stop the accused from conviction the crime of money laundering on the verdict from the original crime that resulted in these funds. Article -4 - does not prevent the judge the defendant for any "of predicate offenses, the sentence for the crime of self-funds that resulted from that crime Wash. and apply the provisions of the multiplicity of crimes and punishment provided in the Penal Code. Chapter III Council to combat money laundering and financing of terrorism Article - 5 - I. found in the Bank's Board-called anti-money laundering and terrorist financing Council of: a -mahafez president, "B in the fight against the Office of the Director of money laundering member" and a vice "President © a representative of the following agencies of not less function of the degree of general director of the members [1] Interior Ministry 0[2] and the Ministry of Finance 0 [3] and the Ministry of Justice 0 [4] and the Ministry of Commerce [5] Ministry of Foreign Affairs [6] General Secretariat of the Council Minister [7] National Intelligence Service [8] Security home device [9] Securities Commission [10] Anti-device terrorism d - Judge least Rate for Class III to be nominated by the Supreme Judicial Council. Second: The Vice President replaces the president during his absence III to head Council host who sees the need to engage in his opinion without having the right to vote. IV-called conservative rapporteur "of the Council, The Report of the Council sessions, dates and agenda, and the codification of a lecture, and edit Mkhatabath, and communicated to the relevant authorities, and follow up the implementation of decisions of the Council. Article 6 - - President of the Council issued an internal system in which the functioning of the Board shall determine and meetings and completeness of redress and any other matters Article - 7 - The Board shall have the following functions: - I. development of policies and programs to combat money laundering and financing of terrorism and the financing of proliferation of weapons of mass destruction, and develop and follow up their implementation. Second proposal Draft laws, regulations and instructions related to combating money laundering and terrorism financing III development tools and standards for the discovery of money laundering methods and terrorism financing, monitoring and uncles IV to issue regulations include limits cash and negotiable instruments for the purpose of inclusion to monitor money laundering and the financing of terrorism and published in the Official Gazette. V. Drawing and develop appropriate training programs for staff involved in the fight against money laundering and terrorism financing VI identifying and assessing the risk of money laundering and terrorist financing in the Republic of Iraq and updated continuously. VII facilitate the exchange of information and coordination between the competent authorities. Examination of the reports submitted by the Bureau on the anti-money-laundering activities in the Republic of Iraq. IX follow global developments in the field of combating money laundering and financing of terrorism and propose the necessary measures in that. X. reporting and providing consultancy to the government in respect of money laundering and financing of terrorism. XI Department of Peacekeeping Statistics from the Bureau and other stakeholders in Shan information on money laundering and terrorist financing in the Republic of Iraq. XII take countermeasures and effective measures commensurate with the magnitude of the risk in the face of countries that do not apply international standards to combat money laundering and terrorist financing. XIII monitor the implementation of the competent authorities for policies to combat money laundering and terrorist financing. XIV to submit an annual report to the Council of Ministers includes an offer "for the activities of the Council and its efforts of national, regional and international developments in the field of combating money laundering and terrorism financing, and proposals concerning the activation of control systems. XV follow up the implementation of sanctions imposed because of non-compliance with Security Council resolutions of the UN United, in the financing of terrorism and repression and disable the proliferation of weapons of mass destruction. sixteenth - submit proposals to the Council of Ministers on the subject of financial activities or acts and occupations non-financial specific obligations set forth in this law seventeenth - a proposal to set relevant regulators for the purposes of applying the provisions of this law . Chapter IV Office of the fight against money laundering and terrorism financing Article -8 - first - based at the bank's office called [the fight against money laundering and terrorism financing office] the level of General Department has a moral personality and financial and administrative independence, and is represented by the Director General of the Office or his nominee. Second manages office employee entitled year holds director of a college degree previews at least it is experienced and competent and has a service he has of not less than [15] fifteen years, and shall be appointed in accordance "with the law. III assists the Director-General of employees entitled assistant general manager. Article 9 - - the Bureau, centralized in the state, the following tasks: I. A - receive notifications or information or obtained or investigate operations that are suspected to include the proceeds of the original or a money laundering offense or terrorist financing from, among others reporting. b - notifications or information analysis, and for the Office for the performance of his duties he gets from, among others reporting any additional information prepared useful for the analysis, within the period determined by, and has to get on it than any other. © to stop the implementation of the financial operation or operations for a period not exceeding [7] seven working days, in the case of the fear of smuggling proceeds, or damage the progress of the analysis. (d) the assignment of notifications which are based on reasonable grounds for suspicion of money laundering or terrorist financing or predicate offenses to the Presidency of the public prosecutor to take legal action in the matter, and the poetry of the relevant authorities to do so. Second numbers and to submit an annual report to the Council from the office and activities activities related to money laundering and financing of terrorism, and statistics on reporting and trends in the fight against money laundering and the financing of terrorism and its mechanisms, methods and its reports are published report, as adopted by the Council. III exchanging relevant to combating money laundering and terrorist financing information with the relevant authorities in government departments, and the public sector, and coordination with them in this regard. IV participate in the representation of the Republic of Iraq in international organizations and conferences related to combating money laundering and terrorist financing. V. creation of a database of what is available to the Office of Information adopt as a national center to collect, analyze and uncles that information regarding potential occurrence of money laundering and the financing of terrorism and the development of means to facilitate the task of the judicial authorities and other competent authorities to apply the provisions of this law. VI collection and analysis of comprehensive statistics on matters falling within the functions of the office. VII preparation of training courses for the staff concerned to inform them developments in the area of the crime of money laundering and terrorist financing. VIII poems regulators or the competent authorities other breach of any financial institution or business and professions non-financial specific provisions of this law. IX technical advice regarding the accession to the conventions and treaties related to money laundering and terrorist financing. Chapter V is integrated fifth, sixth and seventh in the name of the chapters [[financial institutions, business and the professions designated non-financial obligations]] Article -10 - I. financial institutions and business owners and DNFBPs take the following due diligence measures towards the customers:A - to identify and verify the customer's identity The real beneficiary through the documents, data or information from a reliable and independent sources. b - to identify the identity of any person acting on behalf of the client and verification, and to make sure that this person has the authority to act in this capacity. © understand the purpose and nature of the employment relationship, and may request additional information in this regard. d - identify the ownership and control structure for the people moral and legal arrangements. e - continuous monitoring in all matters relating to the employment relationship and examine any transactions taking place to ensure consistency with what is available for the customer information and activities of commercial and pattern of risk, and sources of funds if necessary . Second implement due diligence measures in the following cases: (a) before and during opening an account or establish a working relationship with the customer. (  a process for a client opposed worth more than the amount determined by the President of the Council made ​​a statement issued for this purpose and shall be published in the Official Gazette, whether it be a single process or several operations appear to be linked. Whether was in the possession of the accused at his disposal, or moved to the acquisition or disposal of a third party. Article - 24. I. booking if put before the submission of the complaint, for the party that requested, to offer her complaint against the reserved his money, through [3] three months from the date of the decision Reservation. Second: the defendant reserved his money, and for those who booked the money in his hands, and anyone who claims to money reserved maturity, to object to the seizure decision by the judicial authority that issued it, through [8] eight days, from the date of notification, or his knowledge, booking decision. III if it did not provide the requested booking her complaint on the defendant within the period specified in item [First "of this article, the decision shall be canceled booking, and still all the legal consequences that resulted him. IV if the complaint within the period specified in item [ First "of this Article, the judicial Vllsulth that put her hand on the criminal case, to decide, either to keep the booking, modify, or canceled, according to its discretion, from the facts of the case, and which have filed their objections to the decision of the reservation.Article - 25 - I. The booking of this in accordance with the provisions of this chapter, booked up, and apply to his situation and challenge it, and the management of funds reserved under which, and the prosecution entitlement, the provisions of Code of Civil Procedure, are not in conflict with the provisions of this law.


http://www.alliraqnews.com/modules/news/article.php?storyid=15823

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[Where] published the text of the Anti-Money Laundering and the Financing of Terrorism Act
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