of December 22, 2017 No. 308
About the prevention and anti-money laundering and terrorism financing
For the purpose of transposition of provisions of the Directive 2015/849/EU of the European Parliament and Council of May 20, 2015 about prevention of use of financial system for the purpose of money laundering and financing of terrorism, about modification of Regulations (EU) of the European Parliament and Council No. 648/2012 and about cancellation of the Directive 2005/60/EC of the European Parliament and Council and the Directive 2006/70/EC of the Commission (the document extends to the EEA) published in the Official magazine of the European Union by L 141 of June 5, 2015 and provisions of the Directive (EU) 2018/843/EU European Parliament and Council of May 30, 2018 changing the Directive (EU) 2015/849/EU about prevention of use of the financial system for the purpose of money laundering or financing of terrorism and making changes to Directives 2009/138/EU and 2013/36/EU (the document extends to the EEA) published in the Official magazine of the European Union by L 156 of June 19, 2018 and also for the purpose of fulfillment of requirements of international standards of the prevention and anti-money laundering, financing of terrorism and the distribution of weapons of mass destruction taken by the International Group of Financial Actions (IGFA) in February, 2012
The Parliament adopts this organic law.
This law establishes measures for the prevention and anti-money laundering and terrorism financing which shall promote safety of the state, being intended for protection of national financial and bank, financial and non-bank system and representatives of liberal professions, protection of the rights and legitimate interests of physical persons, legal entities and the state.
(1) This law extends to actions for money laundering, the predicate crimes, actions for financing of terrorism and distribution of weapons of mass destruction made directly or indirectly by citizens of the Republic of Moldova, foreign citizens, stateless persons, legal resident persons or nonresidents in the territory of the Republic of Moldova and also, according to international treaties, one of the parties of which is the Republic of Moldova, – on the actions made by them outside the Republic of Moldova.
(2) If transaction/transaction is made in foreign currency, the official rate of Moldovan leu in relation to foreign currency established by National Bank of Moldova on the date of transaction/transaction making is applied to determination of its equivalent in Moldovan lei for the purpose of application of provisions of this law.
(3) Division of financial investigation of the Republic of Moldova is the Service (further - Service).
For the purpose of this law the following basic concepts are used:
risk - the oriented approach – use of the decision making process based on proofs for the effective prevention and fight against the risks of money laundering and financing of terrorism revealed at the operational, sectoral and national levels;
activities – the behavior based on set of actions, including the transactions aimed at receipt of result;
doubtful activities or the transaction – activities or the transaction with property or illegal property, including financial resources and funds concerning which reporting unit knows or are available for it suspicion that actions for money laundering, predicate crimes, actions for financing of terrorism and distribution of weapons of mass destruction are at stage of preparation, attempt, making or are already made;
virtual asset - digital representation of cost which is not issued or is not guaranteed by Central Bank or body of the public power is not necessarily connected with the currency established by the law and has no legal status of currency or money, but can be subject of electronic trading, transfer or use for the purpose of implementation of payments or investments. Virtual assets do not include digital representations of the fiatny currencies, securities and other financial assets established by the national legal system;
the real estate agent – the legal entity or physical person rendering intermediary services in real estate transactions, including on purchase and sale or real estate lease, and providing consultations in this sphere in exchange for previously determined commission from the cost of the transaction;
the fictitious bank – bank or the organization performing the activities corresponding to activities of bank which has no physical presence does not perform real management and management and does not enter into regulated financial group;
it is excluded;
property – financial resources, virtual assets, funds, the income, any sort of the value (assets), material or non-material, movable or immovable, tangible or intangible, and also documents or other legal instruments in any form, including electronic or digital, the confirming title or the right, including any share (interests) in these values (assets);
illegal property – the property intended or used for crime or got directly or indirectly as a result of crime execution any benefit received from this property and also the property converted or transformed in parts or in full from the property intended or used for crime or got as a result of its making and the benefits received from this property;
the refrigerated property – the property which is subject of the interim measures provided in Article 33;
doubtful property – property concerning which reporting unit knows or it has bases to suspect that it can be illegal property;
the client – the physical person or legal entity which is in process of establishment of business relations or established business relations with reporting unit, used or uses services of reporting unit or performs with it other transactions of permanent or one-time nature;
the anonymous account – the account which owner is not established;
the account on dummy name – the account opened addressed to unidentified person to whom the fictitious name is appropriated;
terrorism financing – the actions determined in article 279 of the Criminal code and international agreements, one of the parties of which is the Republic of Moldova;
the service provider in the field of virtual assets - the physical person or legal entity which is professionally providing for / or on behalf of other physical person or legal entity one or a little from the following types of activity or transactions:
a) exchange between virtual assets and fiatny currencies;
b) exchange between one or several forms of virtual assets;
c) transfer of virtual assets;
d) storage and/or management of the virtual assets or tools granting the control right over virtual assets;
e) participation in provision and provision of the financial services connected with the proposal of the issuer and/or sale of virtual asset;
predicate crime - any crime provided by the Criminal code capable to lead to emergence of property which can become object of the money laundering offense provided in article 243 of the Criminal code No. 985/2002;
it is excluded;
financial investigations – the activities consisting in information collection, the analysis and check of all financial and economic relations, and also check of clients which can be connected with the actions for money laundering relating to them crimes and actions for terrorism financing; the activities directed to establishment and determination of source and tracing of the used property got as a result of these crimes, funds of terrorists and other property which is or can be subject of interim measures and/or confiscations, and also activities for assessment of the sizes of criminal network and appropriate level of crime. Financial investigations should be distinguished from special investigations which are regulated by the Law on special search activities No. 59/2012;
it is excluded;
rationing arrangements concerning property – the measures providing prevention of movement, transfer, change, use or manipulation of property in any manner which can cause change of its amount, cost, the location, the relations of property and ownership, nature or appointment or any other change allowing to use property;
it is excluded;
body for self-regulation with supervision functions – the subject with the status of the legal entity representing members of one profession and playing role in regulation of their activities, implementation of certain supervising or monitoring functions and ensuring enforcement of the rules relating to them;
it is excluded;
upper managers – the officials or employees who are rather informed on exposure of organization to risks of money laundering and financing of terrorism, holding positions, rather high for decision making, influencing such exposure, not necessarily being members of administrative board;
it is excluded;
it is excluded;
it is excluded;
distribution of weapons of mass destruction – the actions determined in article 140-1 of the Criminal code and international agreements, one of the parties of which is the Republic of Moldova;
business relations - the professional or commercial relations connected with the activities performed by the reporting units provided in part (1) Articles 4, which at the time of establishment of contact are considered having certain duration;
professional secrecy – information, data and documents which are stored according to this law concerning the particular person: personal data, data on financial assets, business relations, structure of property, networks of sales and development plans for business which disclosure can cause damage to the corresponding person;
suspension of operations or transactions – temporary ban of change of the mode of property, transfer, destruction, transformation, placement or movement of property or temporary capture of property on storage or under control;
money laundering – the actions determined in article 243 of the Criminal code and international agreements, one of the parties of which is the Republic of Moldova;
transfer of virtual assets - transaction on behalf of other physical person or legal entity transferring virtual asset from one virtual address or the account on another;
the transaction – the actions based on the preliminary arrangement between two or more parties by means of which the property is transferred, liquidated, transformed is placed or arrives in turnover or which represent the cost of rendering some services;
the difficult and extraordinary transaction – the transaction made by one transaction or several transactions which do not correspond to daily activities of the client and/or are not typical for the sake of appearances its activities;
the one-time transaction – the transaction made by one transaction or several transactions by one or several physical or legal entities in lack of business relations with reporting unit;
the transactions/transactions connected with each other - transactions/transactions which cost is shattered/is broken into smaller tranches (according to the restrictions established by this law) having at least one of the following general elements: the agreement, the parties of transactions, vygodopriobretayushchy owners, nature or category to which transactions, and the involved amounts belong.
b) foreign exchange offices (except banks);
c) investment societies;
d) registration societies, Single Central Securities Depository;
e) the insurers or overcautious persons and intermediaries in insurance and/or reinsurance performing activities within life insurance classes including with investment participation;
f) administrators of the optional pension funds, societies on investment management;
g) non-bank credit institutions, savings and loan associations;
h) real estate agents, including when they act as intermediaries in case of real estate lease, but only concerning transactions according to which the amount of the monthly rent exceeds 200000 lei;
i) payment societies, societies issuers of electronic money and suppliers of post services, except for service providers on informing on accounts and the service providers on initiation of payments acting according to the Law on payment services and electronic money No. 114/2012;
j) lawyers, notaries, the authorized managing directors, legal executives and other representatives of liberal professions, in case of provision to the clients of the help in preparation or making of the transactions concerning purchase or property sale, shares or shares or elements of commercial fund, control of financial instruments, securities or other property of the clients, transactions or transactions connected with sum of money or cession of property, creations or managements of bank accounts, savings accounts or financial instruments, the organizations of process of subscription to the deposits necessary for creation, functioning or managements of society, creations, managements or managements of such societies, organizations of collective investment into securities or other similar structures, and also in case of participation from name or for the clients in any transactions of financial nature or connected with the real estate, creation, activities or trust management of trusts, societies, funds or similar structures;
k) organizers of gamblings;
l) the auditors, legal entities and individual entrepreneurs providing accounting services and consulting services in the tax matters as the main economic or professional activity;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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