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Jordan - A law to combat money laundering and terrorist financing


A law to combat money laundering and terrorist financing obliges the incoming and outgoing to pass his financial possession

In the new draft law of the Anti-Money Laundering and Combating the Financing of Terrorism Act that was referred to the House of Representatives, the government amended the composition of the National Committee for Combating Money Laundering and Terrorist Financing contained in Law.

The formation of the committee according to the new draft law has become as follows: Deputy Governor, who is named by the Governor as Deputy Chairman of the Committee, Secretary General of the Ministry of Justice, Secretary General of the Ministry of Interior, Secretary General of the Ministry of Foreign Affairs and Expatriate Affairs, Director General of the Customs Department, Director General of the Income and Sales Tax Department, General Director Lands and Survey Department, General Observer of Companies, Secretary General of the Register of Associations, Commissioner of the Securities Commission Board of Commissioners appointed by the Chairman of the Board of Commissioners, a representative of the General Intelligence Department and the head of the Financial Information Unit established under the provisions of this law called the applicable law and the Anti-Money Laundering and Terrorist Financing Unit, In addition to a representative of any other body, it is added to the membership of the committee upon the recommendation of its chairman and with the approval of the Council of Ministers. The new draft law is excluded from the membership of the National Committee for Combating Money Laundering and Terrorist Financing, Secretary General of the Ministry of Finance, Secretary General of the Ministry of Social Development and Director .General of the Insurance Authority.

The new bill, which the government referred to the House of Representatives, redefined the crime of money laundering, as it is considered a perpetrator of the crime of money laundering (everyone knows that the money is the original crime and whether or not he committed the original crime if he intentionally committed any of the following acts: - Transfer money Or transfer it for the purposes of camouflaging or concealing its illicit source or for the purposes of helping any person involved in or contributing to the original crime, concealing or camouflaging the true nature of the funds, their source, location, method of disposal, movement, or ownership of any of the rights associated with these .(funds and acquiring Money, use, management, investment or possession).

Any person who initiates the commission of any of the acts referred to in Clause (1) of this paragraph or helps, incites, facilitates or conceals the commission of this crime or interferes in its commission or acts as a partner or is associated .with or conspires to attempt to commit This crime.

The element of knowledge or intent in proving the commission of a money laundering crime is extracted through objective and factual circumstances and circumstances. No conviction is required in the original crime to prove that the .funds are criminal proceeds.

For the purposes of this law, the proceeds of crime include the following: - Any proceeds resulting from the commission of a criminal act outside the Kingdom provided that this act constitutes a crime in the Kingdom and in the country in which it occurred and any proceeds resulting from any act that is considered a crime according to international agreements ratified by the Kingdom provided .that it is Punished in Jordanian law.

And the new bill considered a perpetrator of the crime of financing terrorismany person who, by any means, directly or indirectly, willing to provide or collect funds from either a legitimate or illegal source with the knowledge that these funds will be used in whole or in part in committing a terrorist act or by a .terrorist person or Terrorist Organisation.

It also considered the new law a perpetrator of the crime of financing terrorism, everyone who intentionally contributes to promoting criminal activity or in committing the crime of financing terrorism through a group of people working for a common goal to commit this crime and who funds the travel of people to a country other than their country of residence or their nationality for the purposes of committing or planning or Preparing, participating in or facilitating the commission of terrorist acts, or providing or receiving training in terrorist acts, and participates as a partner in committing any of the terrorist financing crimes referred to in this paragraph, or organizes or directs other people to commit the crime of financing terrorism and initiates any of the crimes stipulated In this paragraph.

The crime of financing terrorism stipulated in paragraph (a) of this article occurs in the new draft law, even if the terrorist act did not occur or it was not initiated and whether the funds were actually used to commit or attempt to commit the terrorist act or were not used and whether these funds were related A specific terrorist act or not, regardless of the location of the terrorist act or the place in which the terrorist act was supposed to take place and extracts the element of knowledge or intention in proving the commission of the crime of financing terrorism through objective and factual circumstances and circumstances.

It is prohibited for the notifying authorities, their managers, employees and others working for them to disclose that they notify the unit or provide any information related to money laundering or the original crime associated with it or the financing of terrorism, with the exception of this disclosure cases for the concerned managers or compliance employees or between financial institutions within the same financial group and the authorized entities Legally see this .information The criminal, civil, administrative, or disciplinary responsibility of any natural or legal person, when performing in good faith, denies the duty to notify any of the operations suspected of being linked to the crime of money laundering or the original crime associated with it or the financing of terrorism or providing .information about it in accordance with the provisions of this law.

According to the text of the new draft law, every person upon his arrival or departure from the kingdom must submit a declaration of cash amounts or negotiable tools in his possession to the customs department, whose value exceeds the amount determined by the committee according to the form prepared for this purpose and this acknowledgment includes cases of material transportation across borders with any Method was including by mail or shipping and the customs department may request any additional information from the cash carrier and the negotiable tools for the bearer about its source and the purpose of its transfer. The customs department maintains cash permits and negotiable tools for the bearer transported across the border and all relevant information and is committed to making them available directly to the unit and. the competent authorities.

In the event that the new draft law is approved by the House of Representatives and notables, the Anti-Money Laundering and the Financing of Terrorism Law No. (46) For the year 2007 will be canceled, provided that the regulations, instructions, and decisions issued pursuant thereto shall continue to be implemented until they are amended, canceled or replaced by others according .to its provisions

By Mohammed Al-Zyoud, June 3, 2020, published on Al-Rai newspaper

Image by Heidelbergerin from Pixabay

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