Legea pentru prevenirea şi combaterea spălării banilor şi finanţării terorismului, promulgată de Iohannis
Klaus Iohannis a promulgat Legea care privind prevenirea și combaterea spălării banilor și finațarea terorismului. Proiectul normativ a fost inițiat de Guvern și a trecut printr-o revizuire.
Legea, revizuită după decizia de neconstituționalitate a CCR
După ce a fost adoptată de Parlament,PNL și USR au atacat Legea la CCR, în octombrie anul trecut.
Curtea a a declarat neconstituțională legea din cauza unei sintagme care făcea referire la organizaţiile cetăţenilor aparţinând minorităţilor naţionale
„Dispoziţii din Legea pentru prevenirea şi combaterea spălării banilor şi finanţării terorismului instituie o excepţie de la regula aplicării legii în favoarea organizaţiilor cetăţenilor aparţinând minorităţilor naţionale, membre ale Consiliului Minorităţilor Naţionale, fără o justificare obiectivă şi rezonabilă”, preciza CCR în motivarea deciziei.
Ulterior, legea a fost reexaminată, iar în iunie anul acesta, Camera Deputaților a adoptat proiectul, în calitate de for decizional.
Ce prevede legea
Dintre cei vizați de lege fac parte „entităţile şi persoanele fizice care comercializează, în calitate de profesionişti, bunuri sau prestează servicii, în măsura în care efectuează tranzacţii în numerar a căror limită minimă reprezintă echivalentul în lei a 10.000 euro”.
Aceste entități (fundații, asociații, federații, persoane juridice) au datoria să raporteze tranzacțiile a căror limită minimă este egală cu 10.000 euro, către Oficiul Naţional de Prevenire şi Combatere a Spălării Banilor.
Entităţile raportoare trebuie să transmită ONPCSB „un raport pentru activitate suspectă” dacă acestea „cunosc, suspectează sau au motive rezonabile să suspecteze că: bunurile provin din săvârşirea de infracţiuni sau au legătură cu finanţarea terorismului; sau persoana sau împuternicitul/reprezentantul/mandatarul acesteia nu sunt cine pretind a fi”.
sursa foto: Inquam Photos/ Octav Ganea
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