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Text Decree 231/180909.

legislative decree amending and supplementing THE DECREE November 21, 2007, No. 231, implementing DIRECTIVE 2005/60/EC ON THE PREVENTION OF THE USE OF THE FINANCIAL SYSTEM purpose of money laundering of the proceeds of crimes and terrorist financing, as well as Directives 2006/70 / EC WHICH INCLUDES MEASURES OF PERFORMANCE, PURSUANT TO ARTICLE 1, PARAGRAPH 5 OF LAW January 25, 2006, No. 29. THE PRESIDENT OF THE REPUBLIC Having regard to Articles 76 and 87 of the Constitution; Having regard to Directive 2005/60/EC European Parliament and the Council of 26 October 2005 on prevention of the use of the financial system for money laundering of the proceeds of laundering and terrorist financing; Vista Directive 2006/70 / EC of 1 August 2006 laying down implementing measures for Directive 2005/60/EC ; view of the law January 25, 2006, No 29 laying down provisions for the implementation of obligations resulting from Italy's European Communities - Community Act 2005, and in particular Article 1, paragraph 5, which includes the possibility of introducing provisions integrative and corrective legislative decrees issued pursuant to paragraph 1 within eighteen months from the date of entry into force of the decrees themselves ; Given the legislative decree dated 21 November 2007, no 231, implementing Directive 2005/60/EC on the prevention of the use of the financial system for money laundering of laundering and terrorist financing, and Directive 2006/70/EC which I went enforcement; Given the preliminary resolution of the Council of Ministers, adopted at the meeting of ________; acquired the opinions of competent Committees of the Chamber of Deputies and the Senate of the Republic ; Given the decision of the Council of Ministers, adopted at the meeting of _______; On the proposal of the Minister for European Policies and the Minister of Economy and Finance, in consultation with the Ministers of Foreign Affairs, Justice and Interior; ADOPTED the following legislative decree: ART. 1 2 (Amendments to Article 1 of Legislative Decree 21 November 2007, 231) 1. Article 1, paragraph 2, after the letter e) shall be inserted the following: "e-ha) 'current accounts': accounts held by banks, traditionally bilateral basis, for the settlement of interbank services (remittances, checks, bank drafts and , orders for payment , tours of funds, remittance documents and other operations); . 2. Article 1, paragraph 2, the letter n) is deleted. 3. Article 1, paragraph 2, letter o), the words "citizens of other EU states or non " are replaced by " residents in other EU countries or in countries outside the EU , "and the words" as well "are replaced by:" well. 4. Article 1, paragraph 2 , substitute the letter u ) with the following: " u) the beneficial owner: the person on whose behalf a transaction or activity is carried out, or in the case of legal entity, the person or persons who ultimately owns or controls such entities, that they are beneficiaries under the criteria in the technical annex to this decree ; ".. ARTICLE 2. (Amendments to Article 5 of Legislative Decree 21 November 2007, 231) 1. Article 5, paragraph 1, is added at the end the following sentence: " the report is attached FIU report referred to in Article 6, paragraph 5. . 2. Article 5, paragraph 3, letter b), after the word laundering the word "or" is replaced by following: " and . 3. Article 5, paragraph 3, letter b), the words: "The statistical data" to the words "persons pursued" are replaced by the following: "In particular it is for indicating the FIU, as less, the number of suspicious transaction reports received and action taken on these recommendations ; is the responsibility of the Financial Police and the DIA indicate, at least, the number of cases investigated, it is for the Ministry of Justice indicate, at least, the number of persons prosecuted . ART. 3 (Amendments to Article 6 of Legislative Decree 21 November 2007, 231) 1. Article 6, paragraph 4, last sentence, replace the words' to parliamentary committees "with the words" Parliament . 2. Article 6, paragraph 5 is replaced by the following: "5. later than May 30 of each year the Director of the FIU forward to the Minister of Economy and Finance for onward transmission to Parliament, a report on its activities, together with a report of the Bank of Italy in regard to funding and resources devoted to the UIF. . 3. Article 6, paragraph 6, after the letter e) shall be inserted the following: " e-ia) on the reporting of suspicious transactions , issue instructions to be published in the Official Gazette of the Republic Italian data and information that must be contained in reports referred to in Article 41. . ARTICLE 3. 4 (Amendments to Article 9 of Legislative Decree 21 November 2007, no 231) 1. Article 9, paragraph 6 is replaced by the following: "6. The supervisors of the industry, relevant administrations and professional bodies in the exercise of their functions inform the institutional FIU case of violation of the provisions of this decree could be related to money laundering or terrorist financing recorded against person referred to in Articles 10, paragraph 2, 11, 12, 13 and 14.. " ART. 5 (Amendments to Article 11 of Decree Legislative November 21, 2007, No 231) 1. Article 11, paragraph 1, letter n) is replaced by the following: n) branches established in Italy of the persons mentioned in the preceding paragraphs which are incorporated in a foreign country. " 2. Article 11, paragraph 2, point d) is deleted. 3. Article 11, paragraph 4, shall read as follows: "4. Notwithstanding the provisions of Article 5 of the law on the protection of personal data, the entities referred to in paragraphs 1 and 2 establish that their branches and subsidiaries in non-EU countries, apply measures equivalent to those laid down by the Directive on the conservation and diligence. If the law of non-EU country does not permit application of measures equivalent, the individual referred to in paragraphs 1 and 2 are required to give notice to the supervisory authority of sector , in Italy and to take additional measures to deal effectively with the risk of laundering and financing of terrorism .. 4. Article 11, paragraph 6, is replaced by the following: "6. The policies and procedures established under Section 4 above shall be communicated to the supervisory authority in the field.. ART. 6 (Changes in Article 12 of Decree Legislative November 21, 2007, 231) 1. Article 12, paragraph 1, letter a), after the words "in the '" words "of accountants and experts trade in the '"are deleted and after the word" accountants "are inserted following:" and the accounting profession. " 2. Article 12 paragraph 1, letter b), the words: "task in accounting and taxes" are replaced by "even against its own members or members, activities in the field of accounting and taxation , including associations of entrepreneurs and traders, and CAF patronage. " 3. Article 12, paragraph 3, the words "observed" are replaced by " there and the words" income tax "shall be replaced by" statements tax obligations arising from "and the words" in Article 2, first paragraph, of Law 11 January 1979, No 12 "are replaced by" of Law January 11, 1979, No 12 . 4. Article 12 after paragraph 3 is added as follows: " 3-bis. The members of the supervisory bodies of any description, as governed by this Decree and subject to compliance with the provisions of Article 52, shall be exempt from the requirements of Title II, Chapters I, II and III.. ARTICLE 4. 7 (Amendments to Article 14 of Legislative Decree 21 November 2007, 231) 1 . Article 14, paragraph 1, after the letter e) shall be inserted the following: " e-ia) of games offered, betting or pools with cash prizes, even in the absence Permissions issued by the Ministry of Economy and Finance - Autonomous Administration of state monopolies, under Article 1, paragraph 539, of Law December 23 2005, no 266. . ART. 8 (Amendments to Article 15 of Legislative Decree 21 November 2007, 231) 1. Article 15, paragraph 1, letter b) replace the words "connected or split" with " among their associates to engage in a transaction split . 2. Article 15, paragraph 2, replace the word 'connected' with the word 'split'. ART. 9 (Changes in Article 16 of Legislative Decree 21 November 2007, 231) 1. Article 16, paragraph 1, letter b ) replace the words "connected or split" with " among their associates to engage in a transaction split . 2 . Article 16, paragraph 2, the words "customer identification and verification" are replaced by " due diligence reviews and monitoring " and the letters: "a) , d) and e) "are replaced by " c), d) and e) . ART. 10 (Amendments to Article 17 of Legislative Decree 21 November 2007, 231) 1. Article 17, paragraph 1, letter b ) replace the words "connected or split" with " among their associates to engage in a transaction split . ART. 11 (Amendments to Article 22 of Legislative Decree 21 November 2007, No 231) 1. Article 22 is replaced by the following: " ART. 22 (mode) 1. The obligations of customer due diligence is applied against all new customers. 5 to their customer base those obligations apply to the first contact useful, subject to the risk-sensitive .. " ART. 12 (Amendments to Article 23 of Legislative Decree 21 November 2007, 231) 1. Article 23, the numbering of the paragraphs: "3, 4 and 5" is replaced by: " 2 , 3 and 4 . 2. Article 23, paragraph 2, as renumbered by paragraph 1, reads as follows: "2. Prior to the reporting of suspicious transactions to the FIU within the meaning of Article 41 and to to allow the exercise of any power of suspension in Article 6, paragraph 7, c), entities and persons subject to this Order shall refrain from carrying out transactions for which there is a suspect related to money laundering or the financing of terrorism.. 3. Article 23, paragraph 3, as renumbered by paragraph 1, the words, "agencies and persons subject to this decree shall inform the FIU immediately after performing operation "shall be replaced by" remains an obligation to immediately report suspicious transaction under Article 41 ". ART. 13 (Amendments to Article 24 of Legislative Decree 21 November 2007, 231) 1. The heading of Article 24 is replaced by the following " gaming activities . 2. Article 24, paragraph 2, the words" April 30, 2008 "shall be replaced by," 30 April 2010 . 3.On 'Article 24, paragraph 4: a) the words "of casinos on line" are replaced by " games " b) the words: "e)" are replaced by "e- aa) " c) after the word "euro" shall be inserted the following: " , in the manner described in paragraph 3. The operators engaged in the management activities of casinos online, listed in Article 14 paragraph 1, letter e), shall carry the identification and verification of 'identity of each customer amount in excess of 1,000 € . ART. 14 (Amendments to Article 25 of Decree Legislative November 21, 2007, No 231) 1. Article 25, paragraph 1, after the words "Section I " contains the following: " , except those referred to in subparagraph c) of Article 15, the d) Article 16 and the letter c) of Article 17 ". 2. Article 25, paragraph 1, after the letter c) is added as follows: " c-bis) a company or other body whose securities are listed on the admitted to trading on a regulated market under Directive 2004/39/EC in one or more Member States , which is a listed company or other body of a foreign state subject to any kind of communication comply with Community law. . ARTICLE 6. 15 (Amendments to Article 28 of Legislative Decree 21 November 2007, 231) 1. Article 28 , paragraph 4, letter a), after the word "extent" is inserted as follows: " credit " after the words "subject," the words: "Base, its reputation and quality are deleted. 2. Article 28, paragraph 4, letter e), after the word "data" contains the following: " the customer and the beneficial owner . 3. Article 28, paragraph 5, the words "third country" shall be replaced by " State extra . 4. Article 28, paragraph 6 reads as follows: "6. Financial intermediaries can not open or maintain correspondent accounts even indirectly with a bank of comfortable." ART. 16 (Amendments to Article 30 of Legislative Decree 21 November 2007, 231) 1. Article 30, paragraph 1, letter a), are added to end, the following words: " and their branches in non-EU countries that apply measures equivalent to those of Directive . 2. Article 30, paragraph 1, letter c), the words "in non-EU members of the Group provided Financial Action Task Force (FATF) and branches in these countries Italian banks and other States Parties to the FATF "are replaced by" in non-EU Member apply measures equivalent to those of Directive .. 3. Article 30, paragraph 1, letter d), the words "Article 12, paragraph 1" are replaced by the following " Articles 12, paragraph 1, and 13, paragraph 1, letter b), . 4. Article 30 after paragraph 3 shall be inserted the following: "3 - ca. The certificate may also consist in the sending, by means of computer systems, data identity of the customer by the intermediary who has provided the identification by direct contact. . ART. 17 (Amendments to Article 31 of Legislative Decree 21 November 2007, 231) 1. Article 31, the end paragraph 1 and paragraph 2, the word "introduced" is replaced by the following " presented . ART. 18 (Amendments to Article 32 of Legislative Decree 21 November 2007, 231) 1. Article 32, paragraph 1, letter b), the word "are" is replaced by: " are " and word "impose" is substituted: " requires "and to end, the words" this 7 decree "shall be replaced by" Directive . ART. 19 (Amendments to Article 34 of Legislative Decree 21 November 2007, 231) 1. Article 34, paragraph 1, the word "introduced" is replaced by " was presented." 2. Article 34, paragraph 2, the word "introduced" is replaced by " was presented." ART. 20 (Amendments to Article 36 of Legislative Decree 21 November 2007, 231) 1. Article 36, paragraph 1, letter a), after the words "customer" shall include the following: " and beneficial owner." 2. Article 36, paragraph 2, letter a), after the words "customer" shall include the following: " and beneficial owner." 3. Article 36, paragraph 2, letter b), replace the words "connected or split" with " among their associates to engage in a transaction split . 4. Article 36 after paragraph 2, insert the following: "2 - ca. Intermediaries in Article 11, paragraph 1, recorded in the manner specified in this Chapter and retain for a period of ten years, even the operations of less than € 15,000 in relation to which the financial agents of Article 11, paragraph 3, d), are required to comply with the requirements of customer due diligence under Article 15, paragraph 4. . 5 . Article 36, paragraph 3, words: "the opening, and the variation of the end" are replaced by " opening, closing and change " after the words "ongoing relationship " is inserted the following: " acceptance of office or professional knowledge to any next more information," and the words "the end" are replaced by " after . 6. Article 36 after paragraph 6, The following is added: " 6 - ca. The provisions of this Chapter do not apply in cases of obligations simplified customer due diligence for in Article 25. . ART. 21 (Amendments to Article 38 of Legislative Decree 21 November 2007, 231) 1. Article 38 after paragraph 1 the following: " 1-bis. The persons referred to in paragraph 1 recorded promptly and in any case within thirty days acceptance of office professional knowledge from any subsequent additional information or the end of the professional service, the data set out in Article 36, paragraph 2 stop the ongoing validity of identity documents. . 2. Article 38 after paragraph 6 shall be inserted the following: " 6-bis. Professional bodies identified under Article 43 which entities self-regulation of professions may establish by decree of the Minister of Finance in consultation with the Minister of Justice storage systems computer acts 8 public and authenticated, certified copies of their information and for whatever reason they arising out of or related to them so that they can be used for any investigation into money laundering operations or financing of terrorism or to the corresponding analysis. implementation of this subparagraph shall be without new or increased burdens on public finances . ART. 22 (Amendments to Article 39 of the Legislative Decree 21 November 2007 No 231) 1. Article 39 in the book after the letter "d)" shall be inserted the following: " , e-bis) . 2. Article 39, paragraph 1, after the words "d) and" shall be inserted the following: "the letter ea) to . ART. 23 (Amendments to Article 40 of Legislative Decree 21 November 2007, 231) 1. Article 40, paragraph 2, the words "according to a risk-based approach" and the words: " including through direct access to the archive single computer" is deleted and, finally, is added the following sentence: . "The FIU shall verify compliance with the obligation referred to in this article also single computer with direct access to the archive. . ART. 24 (Amendments to Article 41 of Legislative Decree 21 November 2007, 231) 1. Article 41, paragraph 1 shall be inserted the following: " 1-bis. The content of the messages is defined with their instructions from the FIU under Article 6, paragraph 6, e-bis). . ART. 25 (Amendments to Article 45 of Legislative Decree 21 November 2007, 231) 1. Article 45, paragraph 3 after the words "the person who issued the alert" contains the following: " and those, however, addressed the obligations under Article 10, which the reporting is connected " . 2. Article 45, paragraph 3, letter a), after the words "financial intermediary" is inserting: "and those, however, addressed the obligations under Article 10, which signal is connected." 3. Article 45, paragraph 6, after the words " individuals " by inserting the following: " and subjects addressed, however, the obligations under Article 10 " . 4. Article 45, paragraph 7, after the words " individuals " by inserting the following: " and subjects addressed, however, the obligations under Article 10 . 5. Article 45, paragraph 8, after the words " individuals " by inserting the following: " and subjects addressed, however, the obligations under Article 10 " . ARTICLE 9. 26 (Amendments to Article 46 of Legislative Decree 21 November 2007, 231) 1. Article 46, paragraph 4, the words "from this decree "shall be replaced by" by Directive . 2. Article 46, paragraph 6, the words "provided that they are situated in a third country which imposes requirements equivalent to those provided by this decree "shall be replaced by" although located in non-EU countries provided that they apply measures equivalent to those laid down by Directive " . ART. 27 (Amendments to Article 47 of Legislative Decree 21 November 2007, 231) 1. Article 47, paragraph 1, the words, "FIU in relation to reports received" are replaced by " The FIU, the Financial Security Committee hearing, setting out the criteria for the ' deepening of the financial reports of suspicious transactions and perform the following activities . ART. 28 (Amendments to Article 48 of Legislative Decree 21 November 2007, 231) 1. Article 48, paragraph 4, in the end the words "paragraph 1" are replaced by " paragraphs 1 and 3 . ART. 29 (Amendments to Article 49 of Legislative Decree 21 November 2007, 231) 1. Article 49, paragraph 1, the words "operation, even split," are replaced by following: " transfer object " after the words "12,500 euro." shall be inserted the following sentence: " The transfer is forbidden even when it is made with multiple payments below the threshold that appear artificially divided. . 2. Article 49, paragraph 14, after the words "the transferee" shall include the following: " , acceptance of these . ART . 30 (Amendments to Article 52 of Legislative Decree 21 November 2007, 231) 1. Article 52, paragraph 1, after the words "this ensure decree "shall be inserted the following : ", each within its powers and skills. " 2. Article 52, paragraph 2, letter d), the word" FIU "is replaced by" authority 10 supervision of the sector.. ARTICLE 31. (Amendments to Article 53 of Legislative Decree 21 November 2007, 231) 1. Article 53 , paragraph 2, after the words "professionals in Article 12, paragraph 1, b) and d)" insert the words " , auditors under Article 13, paragraph 1, letter b ) . 2. Article 53, paragraph 3, after "therein" shall be inserted the following: " on professionals listed in Article 12, paragraph 1, letter a) and c) . ART. 32 (Amendments to Article 54 of Legislative Decree 21 November 2007, n. 231) 1. Article 54, paragraph 1, is added to end the following sentence: " The details of these measures are identified by professional bodies.. ART. 33 (Amendments to Article 56 of Legislative Decree 21 November 2007, No 231) 1. Article 56, paragraph 1, after the number "61" the words "paragraph 1" are deleted. ART. 34 (Changes Article 57 of Legislative Decree 21 November 2007, 231) 1. Article 57 after paragraph 1 the following: " 1-bis) The violation of the requirement in Article 28, paragraph 6, shall be punished by the penalty administrative fine ranging from 10,000 to 200,000 €.." ART. 35 (Amendments to Article 66 of Legislative Decree 21 November 2007, 231) 1. In Article 66 after paragraph 9 is added at the end, the following: " 9-a) The operators engaged in the fixed assets of state gaming reserved by the State shall be bound by the obligations provided by this decree from the date of 1 March 2010. . ART. 36 (Entry into force ) 1. This Decree shall enter into force on the day following its publication 11 in the Official Gazette of the Italian Republic.