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Clscp.skPROTECTION OF MONEY LAUDERING (AML)
Prevention of money laundering activities and protection against terrorism financing (AML) is a term describing the system of duties and acts which compliance is required from those persons obliged to prevent, detect and notify about activities aimed at the money laundering or the financing of Methods of
Methods of money laundering differ in content and degree of laundering
sophistication. It is usually performed in three steps: (i) placement – i.e. placement of cash into the financial system, (ii) networking – i.e. creating complex financial transactions to conceal the illegal source and (iii) integration – i.e. obtaining the asset generated from the transactions of Laundering may consist of cash operations, overstated billing, business with companies with an anonymous owner, gambling, real estate transactions, or "black" payments to employees. Obliged persons
The Slovak Republic has, like many other states, implemented in its legal system, rules on protection against money laundering. The rules in this area relate to quite a wide range of businesses; under current legislation the obliged persons (i.e. persons who are required to fulfil the duties under the Act on protection against money laundering and terrorist financing, as amended) are, including but limited the following subjects: a) a legal or natural person authorized to carry out the activities of an b) a service provider for companies c) a legal or natural person authorized to arrange sales, leases and d) a financial agent and/or financial adviser g) a legal or natural person authorized to deal with claims h) a legal person authorized to perform consignment Stating it simply AML rules can be divided into three basic groups: Rules in the field of
3. cooperation with the Financial Intelligence Unit (i.e. Police Force - the protection
special department for financial services) - FIU Duties of obliged
In the process of performing business the legal regulation particularly states the duty to identify a client in legally a predictable manner and at the same time to ascertain client’s identity (so-called primary diligence in relation to the client). Specific procedures are required in special cases (e.g. the absence of the client while performing primary diligence), when there is an increased risk of money laundering (i.e. increased diligences in relation to a client). On the other hand, in case of lower risk of money laundering, the legal regulation allows to do a less strict diligence in relation to a client. In addition to the duty to perform prescribed diligence, another duty under the law is to store data in a legal manner in order to demonstrate compliance with above mentioned duties, for a period of five years from the end of the contractual relationship with the client, or from the carrying out the business. Among other important duties are included obligation of detecting, in a legally predictable manner, unusual business operations, obligation to refuse to enter into a contractual relationship, an obligation to end trade and to refuse to perform a transaction and an obligation to refrain and/or report any unusual business operations. In addition to the above procedures, which an obliged person is required to carry out when doing business with a client, the legislation imposes for any obliged person a duty (i) to draw up and update his/her/its own program of activities in the prevention of money laundering, and (ii) to ensure staff training that focuses on learning about the program at least once per calendar year and always before the introduction of an employee to work in which he/she will fulfils the duties under the Act. Upon request of the FIU while performing its tasks, obliged persons shall provide or submit data on trades, documents about them and provide information on individuals who, in any way, participated in the trade. Principally FIU is responsible for controlling of performance, and Duty and sanction
compliance with the duties of obliged persons set forth (except as provided by law). These duties of obliged persons are quite extensive: a requirement to create for FIU appropriate conditions for carrying out inspections, provide necessary cooperation and refrain from actions that could obstruct an FIU inspection; a requirement to allow the FIU access to documents, computers and other data recording equipment and allow FIU to inspect, take excerpts, notes and copies of same for the purposes of verifying compliance and fulfilment of duties. Additionally the obliged person must provide written technical comments related to the nature of its business as requested by FIU. In the case of misconduct, sanctions may be imposed, such as a fine for a violation of the confidentiality duty up to the amount of 3 319 EUR or penalties (up to 331 939 EUR) for other administrative offenses (e.g. breach of the obligation to identify a client and verify his/her/its identity, failure to draft a written program of activities and failure to educate employees). If the FIU finds that the obliged person either repeatedly fails to fulfil or violates the duties laid down by law for more than 12 consecutive months, it is obliged to request that the relevant authorized body issue a decision as to whether to revoke the violator business license or other self-employment activity license. Our law firm has an extensive experience with the issue of AML, including assessment of existing system settings and adjustments, creation of a new system in accordance with applicable legislation, (including responsible staff training) to the extent required by law. If you are interested in more information about this issue, or if you are looking for legal assistance in protection against money laundering system setup, please do not hesitate to contact our law firm; the contact person T: + 421 2 55 643 365 @: email@example.com The material contained in this document is general and should not be considered as providing legal or other advice.
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