OFFICIAL GOVERNMENTAL PUBLICATION
STATE INSTITUTION
YEAR XCVI PANAMA, REPUBLIC OF PANAMA TUESDAY THE 3rd OF OCTOBER, 2000
N° 24,152-A
LEGISLATIVE ASSEMBLY
LAW No.. 41 (October 2nd, 2000)
Whereby Chapter VI entitled Capital Laundering is added to Title XII, and Title XIII entitled Final Dispositions is added to the Book II of the Penal Code, and other dispositions are established
THE LEGISLATIVE ASSEMBLY
DECREES:
Chapter VI
Capital Laundering
Article 389. Whoever receives, deposits, trades, converts or transfers monies, titles, securities, goods, or other financial resources knowing that the origin of the activities is related with drug trafficking, qualified embezzlement, illegal weapons traffic, human traffic, kidnapping, extortion, embezzlement; corruption of civil servants, terrorism, robbery or international vehicle contraband established in the Panamanian Law, with the purpose of hiding or covering their illicit origin, to assist evasion of juridical consequences of such punishable acts shall be sanctioned with prison from 5 to 12 years and 100 to 200 days of fine.
Article 390.
The same sanction as specified in the previous article shall apply to:
1. Whoever knowingly hides, or covers the real nature, origin, location, destination, ownership, or assists to facilitate the benefit of the monies, titles, securities, goods, or other financial resources, whenever these are derived directly or indirectly from any of the illicit activities stipulated in Article 389 of this Code.
2. Whoever knowingly carries out transactions directly or through third parties, natural or juridical, in banking, financial, commercial institutions or institutions of any other nature, with monies, titles, securities, goods or other financial resources derived from any of the illicit activities stipulated in Article 389 of this Code.
3. Whoever directly or through third parties, knowingly supplies to banking, financial, commercial institutions, or institutions of any other nature, false information for the opening of accounts or to carry out monetary transactions with titles, securities, goods or other financial resources, whenever these are derived or have been obtained from any of the illicit activities stipulated in Article 389 of this Code.
Article 391.
Whoever knowingly uses his position, employment, profession or occupation to authorize or to allow the crime of capital laundering, described in Article 389 of this Code, shall be sanctioned with prison from 3 to 8 years.
Article 392.
Whoever knowingly receives or utilizes money or any other financial resource, resulting from crimes related to drug trafficking or capital laundering, for the financing of political campaigns or campaigns of any other nature, shall be sanctioned with prison of 5 to 10 years and shall be disqualified from holding public office for an equal term, after completing the term of prison.
Article 393.
Any public official who hides, alters, retrieves or destroys evidences or proofs of crimes related to drug trafficking, or capital laundering, or seeks the evasion of the person apprehended, detained or condemned, or receives money or others benefits for the purpose of favoring or harming any of the parties in the process, shall be sanctioned with prison of 5 to 10 years of prison and shall be disqualified from holding public office up to 10 years.
Article 4.
Title XIII, entitled Final Dispositions, comprising articles 394, 395, 396, is added to Book II of the Penal Code, as follows:
Title XIII
Final Dispositions
Article 394.
The terms of days, months and years referred to in this Code shall be computed in accordance to the Civil Code.
Article 395.
This Code revokes the Penal Code approved by Law 6 of November 17, 1922, and all the stipulations of reforms, additions or complementaries.
Article 396.
This Code shall become effective one hundred and eighty (180) days after its authorization. The Executive Branch shall make an official edition, as a book, without delay, for distribution in all governmental offices and will be on sale for the general public all over the Republic.
Article 5.
Article 31 of Law 23 of December 30, 1986, amended by Law 13 of 27, July 1994 (Single Text), shall read as follows:
Article 31.
In the case of other assets, excluding money or securities, the bank or crediting agency may declare the debt as past due and request judicial auction of the assets, in order to compensate the obligation.
The instruction official shall be notified personally of these processes, if this is not done, the process shall be void. Any surplus shall remain under orders of the pertinent district attorney office.
Both the actions of domain, as well as the petitions for the release of provisional seizure of instruments and other goods that be temporarily seized under orders of the pertinent district attorney office shall be resolved by the pertinent court which shall decide over the tenure or temporary administration of the goods, after receiving the opinion of the instruction official.
Article 6.
In reference to the indictment aspect of the investigations, monies, goods, titles, securities or other financial resources related to the crime of capital laundering, Articles 28,29,30,31,33, and 34 of Law 23, of December 30, 1986, amended by Law 13 of July 27, 1994 shall be applied wherever compatible (Single text).
In the case that the crime of capital laundering is a product of crimes related to drugs, all the indictment procedures will be applied whenever they are compatible and contained in the laws indicated in the paragraph above.
Article 7.
When the confiscation of assets, instruments, monies or securities, resulting from capital laundering has been judicially ordered, the Judge upon sentencing will order that these be placed at the disposition of the Special Fund for Retired and Pensioned created by Law 6 of June 16, 1987, amended by laws 18, of August 7, 1989, 15 of July 13, 1992 and 100, of December 24, 1998.
The monies seized which are product of the crime of capital laundering shall be immediately placed under disposition of the Special Fund for Retired and Pensioned subject to a sentence that orders their definite incorporation into the Fund or its return to the processed party or the victim, whichever is the case.
The dispositions of this Article do not apply when capital laundering originates from drug related crimes.
Article 8.
This Law adds one paragraph to Article 170, Chapter VI, Title XII and Title XIII, both of Book II of the Penal Code; amends Article 31 of Law 23 of December 30, 1986, amended by Law 13 of July 27, 1994 (Single Text), as well as Article 190 of the Penal Code; and revokes Articles 263 A, 263 B, 263 C, 263 CH, 263 E, and 263G of this Code, and any stipulation to the contrary.
Article 9.
This Code shall be effective upon its promulgation.
COMMUNICATE AND COMPLY. Approved in third debate, in Justo Arosemena Palace, Panamá City....
This is the Laws for handling cash In Panama, they are very strict...
http://www.superbancos.gob.pa/aspec_...ecreelaw42.asp
Which Establishes Measures for the Prevention of the Crime of Laundering of Capitals
THE LEGISLATIVE ASSEMBLY DECREES:
.
Article 1.
The banks, fiduciary entreprises, houses of exchange or of remission and persons either natural or juridical that exercise activity of exchange or remission of currencies, whether it is the main activity or not, financiers, savings and loans cooperatives, stocks exchanges, stocks centers, stocks houses, stocks brokers and investments administrators, are obligated to keep, in their operations, the diligence and care which are necessary to prevent, that those operations are performed with funds or over funds that arise from activities related to the crime of capital laundering and to prevent its perpetration.
The persons, natural or juridical, here mentioned, are under the following obligations:
- To adequately identify their clients. To that effect they shall require from their customers all due references or recommendations, as well as the corresponding certifications that attest the incorporation and effectiveness of societies, and also the identification of officials, directors, proxies and legal representatives of those societies, in a manner that enables them to adequately document and determine the real owner or direct or indirect beneficiary.
- To render declarations to the Financial Analysis Unit and/or require from its clients, proxies or representatives, the declarations that are necessary to achieve the ends of the present Law and the ends of the regulations prepared for its application, particularly in case of:
a. Deposits or withdrawals of money in cash for an amount exceeding ten thousand balboas (B/.10,000.00) or successive transactions in close dates that, even though individually they are for an amount lesser than ten thousand balboas (B/. 10,000.00), all together exceed that amount of ten thousand balboas (B/.10,000.00).
b. Change of bills, lottery tickets, checks, cash checks, traveler checks or orders of payment, or drafts of low amounts for others of high amounts, or viceversa, for an amount exceeding ten thousand balboas (B/.10,000.00).
c. Change of checks (cash checks, traveler checks, or others), and orders of payment, issued to the bearer, with blank endorsement and issued in the same date or in close dates and/or by a same issuer or by issuers of the same office, for an amount exceeding ten thousand balboas (B/.10,000.00).
.
Paragraph. The Executive Branch may vary the amounts of money in cash over which the obligation to declare is established.
- To examine with special attention any operation, without regard to the amount involved, that may be particularly linked to laundering of capitals arising from illicit activities described in this law.
- To furnish to its respective organisms of supervision the declarations related to the transactions refered to in the numeral 2 of this article, as well as any additional information related to such transactions for their proper analysis.
- To communicate directly and by their own initiative, to the Financial Analysis Unit, any fact, transaction or operation on which there is suspicion of involvement with the crime of laundering of capitals. Bylaws will determine the suppositions or specific transactions that, obligatorily, must be communicated to the Financial Analysis Unit, as well as the persons that must convey the information and the way to do it.
- To refrain from disclosing, to the client and to third parties, that information has been transmitted to the Financial Analysis Unit, according to what is set forth in the present Law, or that a transaction or operation is being examined for suspicion that could be involved in the crime of laundering of capitals. Compliance with this disposition is under the protection of the exemption of responsibility refered to in the article 3 of this Law.
- To establish procedures and mechanisms of internal control and communication to prevent the perpetration of operations linked with the crime of laundering of capitals. The competence of such procedures and mechanisms of control, will be supervised by the organism for supervision and control of each activity, which will be able to propose the suitable correcting measures, according to the viability of the customary operations of the legitimate usuaries.
- To take the suitable measures for the employees of the entity to have knowledge of the requirements arising from this Law. The measures will include the elaboration of plans for education and courses for the employees, to enable them to find out the operations that may be related to the crime of laundering of capitals and to know the appropriate procedures in such cases.
- To keep for a five years period, the documents that properly attest the performance of the operations and the identity of the individuals who accomplished them or who had established business relations, when the obtention of such identification was obligatory.
The Executive Branch is authorized to vary the period of time for keeping documents refered to in this numeral.
Article 2.
The Superintendency of Banks, the other organisms for supervision and control of each activity, as well as the obligated persons, are expressly authorized to collaborate with the Financial Analysis Unit, in the exercise of its competence and to furnish to it, at its request or by own initiative, any information that they have, which is of help to prevent the perpetration of the crime of capital laundering, so that the Financial Analysis Unit may examine and analize this information.
Article 3.
All information that is communicated to the Financial Analysis Unit or to the authorities of the Republic of Panama, in compliance with the present Law or the dispositions for its regulation, by natural or juridical persons or their dignataries, directors, employees or representatives, will not constitute a violation of the professional secret, nor a violation to the restrictions over disclosure of information, derived from the contractual confidenciality or from any legal or regulatory disposition, and neither will it imply any responsibility for the natural or juridical persons mentioned in this Law nor for their dignataries, directors, employees or representatives.
Article 4.
Public sevants who receive or have knowledge of information, according to what is set forth in this Law, must keep it under strict reserve and may only furnish such information to the competent authorities, in conformance to the law.
Pecuniary sanctions, established in the article 8 of this Law, will be applied to the public servant who violates this disposition; and these sanctions shall be imposed by the competent authority, without prejudice to the sanctions set forth in the Penal Code for the crime of violation of the professional secret.
Article 5.
The respective organisms for supervision and control are expressly empowered to inspect the procedures and mechanisms of internal control, of each one of the juridical or professional persons that are subjected to their supervision, to verify the proper compliance with the dispositions established by the present Law.
Article 6.
The activities of the persons obligated in conformance with the present Law, will be supervised and controled by the respectives public entities or organisms of supervision and control, established by law for the correspondent activity.
Article 7.
The following entities will be obligated to furnish, to the Financial Analysis Unit, as the Executive Branch determines by regulations, declarations over transactions in cash and cash equivalent (defined in the Executive Decree 234 of October 17, 1996, article 3, numeral 3) refered to in the numeral 2 of article 1, for an amount exceeding ten thousand balboas (B/.10,000,00):
- Enterprises established in the Colon Free Zone, other free trade zones and processing zones.
- National Lottery of Beneficence
- Casinos and other establishments for gambling and games of chance
- Promoter enterprises or enterprises for real state brokerage
- Insurance and reinsurance companies, and reinsurance brokerage companies
- The entities refered to in this article shall mantain in their registers the name of the client, his/her address and his/her identification number.
- The Executive Branch may vary the amounts of money in cash or cash equivalent over which the obligation to declare is established.
Article 8.
Without prejudice to the measures set forth in the Penal Code or in other laws, decrees or regulations in force in the Republic of Panama, non compliance with the dispositions established in this Law or the ones prescribed for its application by the respective organisms of supervision and control of each activity, shall be sanctioned only for this deed with fines ranging from five thousand balboas (B/.5,000.00) to one million balboas (B/.1,000,000.00), depending on the importance of the violation and the degree of the recurrence, that will be imposed by the respective entities or public organisms of supervision and control of each activity or the jurisdictional authority, at their own initiative or at the request of the Financial Analysis Unit, which must report to them any evident non compliance.
The amount of the fine will be send to a special account for the Financial Analysis Unit, as part of the budget of the Security Council, and will be used for the only purpose of training and educating personnel and the acquisition of information equipment and tools and other resources that allow them a high degree of specialization.
For the exclusive effect of this article and the regulations that are adopted in its development, the deeds and behavior of the directives, dignataries, executives, administrative or operations staff of the juridical persons established in the article 1 of this Law, are imputable to the juridical persons on whose behalf they perform.
The natural persons who perform such deeds and and exhibit such behavior will be subjected to the civil and penal responsibilities, in the terms set forth by law.
Article 9. Article 153-A is added to the Law Decree 1 of July 8, 1999, thusly: Article 153-A.
It will be a requisite for the offering, purchase or sale of securities through any public organized market, such as the stock exchange in or from Panama, the previous deposit of the securities in a center for custody and liquidation, agent of the transference or another financial institution duly registered in the National Securities Commission.
This Commission is authorized to establish the requisites of the register, mentioned in the above paragraph.
The previous deposit may be performed through the immobilization of physical securities, of global titles or macro titles representative of the securities or through the dematerialization of the securities and instrumentation of a system of entries in account, in the way and terms established by this Law Decree.
Article 10. (Temporary).
It is recognized the validity of the Agreements No. 5-90 of March 19, 1990; 1-91 of January 15, 1991, 2-96 of October 31, 1996, 2-97 of February 27, 1997 and 3-97 of June 12, 1997 of the National Banking Commission; as well as the Executive Decree 234 of October 17, 1996, which will continue to be effective, in those areas that do not contradict the letter and the spirit of this Law, until they are replaced by the new regulations dictated for the development of the present Law.
Article 11.
This Law adds article 153-A to the Law Decree 1 of July 8, 1999 and annuls the Cabinet Decree 41 of February 13, 1990, the Law 46 of November 17, 1995, as well as any disposition that is against it.
Article 12.
This Law shall become effective thirty days after its promulgation.
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