Key Benefits:
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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DECREE NO 498
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF SALVADOR,
CONSIDERING:
I.-According to Legislative Decree No. 126 dated October 30, 1997, published in Official Journal No. 227, Volume No. 337 dated December 4,
the same year, the Convention was ratified. Central American for the Prevention and Repression of the Crime of Money Laundering and Related Assets With the Illicit Trafficking in Drugs and Related Crimes.
II.-That the need to adopt the legal measures is imposed so that the domestic investments as foreign that are made in our country, they are
with funds that have
III.-That it is a concern of the State to the growth and rise of behavior
criminal, in which the subjects guilty of the same seek and use various mechanisms to give an appearance of legitimacy to the profits, property or profits earned from the commission of certain crimes, through what is
IV.-That in order to achieve its objectives criminals use various entities, especially financial institutions for money laundering coming in
of criminal activities, the which can endanger the soundness and stability of these institutions, as well as the credibility of the financial system as a whole, causing or being able to cause loss of public trust.
V.-Money laundering has a clear influence on the increase in organised crime, and is therefore necessary combating such crime,
in particular by means of rules of a criminal nature, which must be accompanied by surveillance measures on the financial system and other related entities, in such a way as to ensure that the activities are monitored and monitored of those
institutions and their users.
BY TANTO,
in use of its Constitutional powers and on the initiative of the President of the Republic, through the Minister of Justice and the Deputies Juan Duch Martínez, Gerson Martínez, Ciro Cruz Zepeda Peña,
Ronal Umana, Norma Fidelia Guevara de Ramírios, Julio Antonio Gamero Quintanilla, José Rafael Machuca Zelaya, Alfonso Aristides Alvarenga, Elvia Violeta Menjívar, Jorge Alberto Villacorta Muñoz, Rosario del Carmen Acosta, Herber Mauricio Aguilar Zepeda, Rene Napoleon Aguiluz, Alex Rene Aguirre, José Antonio
Almendariz Rivas, Walter Rene Araujo Morales, Jose Orlando Arevalo Pineda, Arturo Argumedo, Nelson Edgardo Avalos, Jorge Alberto Barrera, Donald Ricardo Calderon Lam, Eugenio Chicas Martinez, Isidro Antonio Caballero Caballero, Olme Remberto Contreras, Marta Lilian Coto, Luis Alberto Cruz, Roberto Jose D' Aubisson Munguía, Ramon Diaz Bach, Carlos Alberto Escobar, Rene Mario Figueroa Figueroa, Hermes
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Alcides Flores Molina, Jesus Grande, Nelson Funes, Nelson Napoleon Garcia, Mauritius González Ayala, Elizardo González Lovo, Roman Ernesto Guerra Romero, Schafik Jorge Handal, José Ismael Iraheta Troya,
José Roberto Larios, Francisco Roberto Lorenzana Duran, Carlos Guillermo Magana Tobar, Alejandro Dagoberto Marroquín, Alvaro Gerardo Martín Escalón, Juan Ramón Medrano Guzmán, José Manuel Melgar Henriquez, Raul Mijango, Maria Isbela Morales Ayala, Julio Eduardo Moreno Niños, Jose Mario Moreno
Rivera, Jorge Alberto Munoz Navarro, Maria Ofelia Navarrete de Dubón, Roberto Navarro Alvarenga, Sigifredo Ochoa Perez, Salvador Horacio Orellana Álvarez, Ruben Orellana, Oscar Samuel Ortiz Ascencio, Olga Elizabeth Ortiz Murillo, Lorena Guadalupe Peña Mendoza, Mariela Peña Pinto, Renato Antonio Perez,
Silfide Marixa Pleitez de Ramírez, Norman Noel Quijano, José Mauricio Quinteros Cubias, Horacio Humberto Rios Orellana, Alejandro Rivera, Humberto Centeno, Abraham Rodriguez, David Rodriguez Rivera, Rene Oswaldo Rodriguez, Velasco, Ileana Argentina Rogel de Rivera, Miguel Angel Saenz Varela, Jose Mauricio
Salazar Hernandez, Kirio Waldo Salgado, Mercedes Gloria Salguero Gross, Julio Alfredo Samayoa, Roberto Serrano Alfaro, Wilber Ernesto Serrano Calles, Maria Marta Concepción Valladares, José Ricardo Vega Hernández, Sarbelio Ventura Cortez, Ruben Ignacio Zamora Rivas, Maria Elizabeth Zelaya Flores, Amado
Eagle Eagle, Ernesto Iraheta Escalante, and Gerardo Antonio Suvillaga.
DECRETA, the following:
MONEY AND ASSET LAUNDERING
CHAPTER I
0BJETO OF THE ACT OBJECT ACT
Art. 1.-This Law aims to prevent, detect, punish and eradicate the crime of money laundering and assets, as well as its cover-up.
LAW ENFORCEMENT AND BOUND SUBJECTS (3)
Art. 2.-THIS LAW SHALL BE APPLICABLE TO ANY NATURAL OR LEGAL PERSON YET
WHEN THE LAST PERSON IS NOT LEGALLY CONSTITUTED; THOSE WHO MUST PRESENT THE INFORMATION REQUIRED BY THE COMPETENT AUTHORITY, WHICH PERMITS TO DEMONSTRATE THE LEGAL ORIGIN OF ANY TRANSACTION THEY MAKE. (2) (3)
OBLIGATED SUBJECTS ARE ALL THOSE WHO WILL HAVE, AMONG OTHER THINGS,
REPORT THE SUSPICIOUS AND/OR FINANCIAL MEASURES OR OPERATIONS THAT EXCEED THE THRESHOLD OF THE LAW, APPOINT AND TRAIN A COMPLIANCE OFFICER, AND OTHER RESPONSIBILITIES THAT THIS LAW, THE REGULATION OF THE SAME, AS WELL AS THE INSTRUCTIONAL OF
THE IFS ARE GIVEN TO THEM. (2) (3)
ARE CONSIDERED TO BE BOUND BY THIS LAW, THE FOLLOWING: (2) (3)
1) ANY COMPANY, COMPANY OR ENTITY OF ANY KIND, NATIONAL OR FOREIGN, THAT INTEGRATES AN INSTITUTION, GROUP OR CONGLOMERATE
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FINANCIAL SUPERVISED AND REGULATED BY THE SUPERINTENDENCE OF THE FINANCIAL SYSTEM; (2) (3)
2) MICRO-FINANCIAL, CREDIT BOXES AND FINANCIAL INTERMEDIARIES NOT
BANKING; (2) (3)
3) IMPORTERS OR EXPORTERS OF AGRICULTURAL PRODUCTS AND INPUTS, AND
OF NEW OR USED VEHICLE; (2) (3)
4) CREDIT CARD, CO-ISSUER AND GROUP ISSUING COMPANIES
RELATED; (2) (3)
5) NATURAL AND LEGAL PERSONS MAKING SYSTEMATIC TRANSFERS
OR SUBSTANTIAL FUNDS, INCLUDING PAWN AND OTHER LOANS GRANTING LOANS; (2) (3)
6) CASINOS AND GAMBLING HOUSES; (2) (3)
7) TRADERS OF METALS AND PRECIOUS STONES; (2) (3)
8) REAL ESTATE COMPANIES AND INTERMEDIARIES; (2) (3)
9) TRAVEL AGENCIES, AIR, LAND AND SEA TRANSPORT COMPANIES;
(2) (3)
10) NATURAL AND LEGAL PERSONS ENGAGED IN THE SENDING AND RECEIVING OF
ENVEMDAS AND REMITTANCE; (2) (3)
11) CONSTRUCTION COMPANIES; (2) (3)
12) PRIVATE SECURITY AND IMPORTING AND TRADING COMPANIES FOR FIREARMS, AMMUNITION, EXPLOSIVES AND SIMILAR ARTICLES; (2) (3)
13) HOTEL COMPANIES; (2) (3)
14) POLITICAL PARTIES; (2) (3)
15) CORPORATE AND TRUST SERVICE PROVIDERS; (2) (3)
16) NON-GOVERNMENTAL ORGANIZATIONS; (2) (3)
17) NATIONAL AND INTERNATIONAL INVESTORS; (2) (3)
18) DRUGSTORES, PHARMACEUTICAL LABORATORIES AND PHARMACY CHAINS; (2) (3)
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19) ASSOCIATIONS, CONSORTIA AND BUSINESS ASSOCIATIONS; AND, (2) (3) (4)
20) ANY OTHER PRIVATE OR MIXED-ECONOMY INSTITUTION, AND COMMERCIAL COMPANIES. (2) (3) (4)
LAWYERS, NOTARIES, ACCOUNTANTS AND AUDITORS SHALL HAVE THE OBLIGATION TO REPORT OR REPORT TRANSACTIONS THAT MAKE OR ARE CARRIED OUT IN THEIR TRADES, GREATER THAN TEN THOUSAND DOLLARS OF THE UNITED STATES OF AMERICA, THIS IS SET UP
THE ART. 9 OF THE LAW. (2) (3)
OBLIGATED SUBJECTS WHO ARE NOT SUPERVISED BY AN OFFICIAL INSTITUTION IN THEIR
ORDINARY COURSE OF ACTIVITIES SHALL ONLY BE EXEMPT FROM NAMING AND HAVING A COMPLIANCE OFFICER; THEREFORE, THEY ARE NOT RELIEVED OF THE COMPLIANCE WITH THE OTHER OBLIGATIONS REFERRED TO IN THE SECOND SUBPARAGRAPH OF THIS ARTICLE. (2) (3)
FINANCIAL RESEARCH UNIT
Art. 3.-Create the Financial Investigation Unit for the crime of laundering, as a primary office assigned to the Office of the Prosecutor General of the Republic, which in the context of this Law may be abbreviated UIF. The requirements and incompatibilities to belong to the FIU, will be developed in the Organic Law of the Public Ministry.
CHAPTER II OF THE DELORS
MONEY LAUNDERING AND ASSETS
Art. 4.-DEPOSIT, WITHDRAW, CONVERT OR TRANSFER FUNDS, PROPERTY OR RELATED RIGHTS THAT COME DIRECTLY OR INDIRECTLY FROM CRIMINAL ACTIVITIES, TO CONCEAL OR COVER UP THEIR ILLICIT ORIGIN, OR TO HELP CIRCUMVENT
CONSEQUENCES LEGAL ENTITIES OF HIS ACTS TO WHOM HE HAS PARTICIPATED IN THE COMMISSION OF SUCH CRIMINAL ACTIVITIES, INSIDE OR OUTSIDE THE COUNTRY, WILL BE PUNISHED WITH IMPRISONMENT OF FIVE TO FIFTEEN YEARS AND FINE OF FIFTY TO TWO THOUSAND FIVE HUNDRED MINIMUM MONTHLY WAGES
EXISTING FOR TRADE, INDUSTRY AND SERVICES AT THE TIME THE CORRESPONDING JUDGMENT IS DELIVERED .
MONEY AND ASSET LAUNDERING, ANY TRANSACTION, TRANSACTION, ACTION OR OMISSION AIMED AT CONCEALING THE ILLICIT ORIGIN AND LEGALIZING PROPERTY AND SECURITIES ARISING FROM CRIMINAL ACTIVITIES COMMITTED WITHIN OR OUTSIDE THE
PAIS.
IN THE CASE OF LEGAL PERSONS, SANCTIONS WILL BE APPLIED TO PERSONS
NATURAL PERSONS OVER THE AGE OF 18 YEARS, WHO AGREED OR EXECUTED THE FACT THAT MONEY AND ASSETS WERE LAUNDERED. (2)
SPECIAL MONEY AND MONEY LAUNDERING CASES
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Art. 5.-For criminal purposes they are also considered money laundering and assets, and will be
punished with imprisonment of eight to twelve years and fine of fifty to two thousand five hundred minimum monthly salaries, computed according to the established in the previous article, the following facts:
a) Hide or disguise in any form the nature, origin, location, destination, movement or apparently legal ownership of funds, property or rights relating to them, which come directly or indirectly from criminal activities; and,
b) Acquire, possess and use funds, assets or rights related to them, knowing that they are derived from criminal activities in order to legitimize them.
OTHER MONEY LAUNDERING AND ASSET LAUNDERING CRIMES
Art. 6. Any criminal activity that generates money laundering and asset laundering shall be subject to this law, and in a special manner in the case of the following offences:
(a) Those provided for in Chapter IV of the Regulatory Law of the Drug-related Activities;
b) Trade in persons;
c) Fraudulent administration;
d) Hurt and Theft of vehicles;
e) Secuestro;
f) Extorsion;
g) Illicit enrichment;
h) Illicit negotiations;
i) Peculado;
j) Soborno;
k) Illegal trade and arms deposit;
l) Tax Evasion;
m) Goods contraband;
n) Prevaricate;
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o) Estafa; and,
p) Any act of covering up and legalizing money or property from criminal activities.
SPECIAL CASES OF THE CRIME OF COVER-UP.
Art. 7.-For the purposes of this law, they are considered to be concealers:
a) Those who without prior concert with the authors or participants of the crime of money laundering and assets, hide, acquire or receive money, securities or other goods and not
inform the relevant authority, immediately after their origin, or prevent the seizure of money or other goods that come from such criminal activity;
b) Those without prior concert with the authors or participants, help to circumvent the authority's investigations or to remove the authority's action;
c) Superintendents and other officials or employees of the bodies responsible for supervising or supervising, who do not immediately communicate or impede the knowledge of the Office of the Prosecutor General of the Republic, of the information sent to them by the entities under their control;
d) Those with knowledge have intervened as grants in any type of simulated contract, disposal, mere holding or investment, by means of which they are
covers nature, origin, location, destination or circulation of earnings, securities, or other goods coming from facts crimes as specified in article 4 of this law, or have obtained in any way the economic benefit of the crime; and,
e) Who buys, saves, hides or receives such profits, goods or profits, insurance and assets knowing his criminal origin.
In the cases of (a) and (b) the sanction shall be five to ten years in prison; and in the cases of (c), (d) and (e) four to eight years in prison.
CULPABLE COVER-UP
Art. 8.-In the cases of the preceding article, if the cover-up is caused by negligence, unexcusable or inexcusable ignorance in the powers of the officials or employees of the institutions referred to in Article 2 of this law, or fiscalizer or supervisory bodies in which it occurs,
the penalty will be two to four years.
MONEY AND ASSETS (6)
Art. 8-A.-THE PERSON WHO, BY HIMSELF OR HERSELF, ENTERS, TRANSIT OR LEAVE THE TERRITORY OF THE REPUBLIC BY ANY MEANS, REGARDLESS OF NATIONALITY, OMIT TO DECLARE, FALSELY OR INACCURATELY, TO THE CUSTOMS AUTHORITY, IN
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THE PREVIOUSLY ESTABLISHED FORM, POSSESSION, HOLDING OR TRANSPORT OF BANKNOTES, BEARER-NEGOTIABLE INSTRUMENTS, SECURITIES OR GOODS WITH CURRENCY VALUE
NOT FOR PERSONAL USE, INDIVIDUALLY OR IN AGGREGATE, VALUED IN NATIONAL OR FOREIGN CURRENCY, IN THE AMOUNT OF TEN THOUSAND DOLLARS OF THE STATES UNITED OF AMERICA OR MORE OR THE EQUIVALENT IN FOREIGN CURRENCY, WILL BE SANCTIONED WITH PRISON OF
THREE TO FIVE YEARS.
IN THE FORM REFERRED TO IN THE PRECEDING PARAGRAPH, THE
ESTABLISHED IN THIS ARTICLE SHALL BE ADVISED. (6)
CHAPTER III
OBLIGATIONS OF INSTITUTIONS SUBJECT TO CONTROL OF THIS LAW
Art. 9. OBLIGATED SUBJECTS SHALL INFORM THE UIF, IN WRITING OR ANY
ELECTRONIC MEANS AND WITHIN THE MAXIMUM PERIOD OF FIVE WORKING DAYS, ANY TRANSACTION OR TRANSACTION OF CASH, WHETHER INDIVIDUAL OR MULTIPLE, REGARDLESS OF WHETHER OR NOT CONSIDER SUSPICIOUS OR NOT, PERFORMED BY EACH USER OR CLIENT THAT ON THE SAME DAY
OR IN THE TERM OF ONE MONTH EXCEEDS TEN THOUSAND DOLLARS OF THE UNITED STATES OF AMERICA OR ITS EQUIVALENT IN ANY FOREIGN CURRENCY. THE TIME LIMIT FOR SUBMITTING THE INFORMATION SHALL BE COMPUTED FROM THE DAY FOLLOWING THE TRANSACTION OR TRANSACTION. EQUAL LIABILITY SHALL BE IN THE CASE OF FINANCIAL TRANSACTIONS CARRIED OUT BY
ANY OTHER MEANS, IF IT IS GREATER THAN TWENTY-FIVE THOUSAND DOLLARS OF THE UNITED STATES OF AMERICA OR ITS EQUIVALENT IN ANY FOREIGN CURRENCY.
INSURANCE COMPANIES, WITHIN THE TIME LIMIT SET OUT IN THE PRECEDING PARAGRAPH, SHALL ALSO INFORM THE UFS OF ALL PAYMENTS THEY MAKE IN RESPECT OF THE RISKS THAT THEY ENSURE IN EXCESS OF THE AMOUNT INDICATED IN THE
PREVIOUS PARAGRAPH. (2) (3)
Art. 9-A.-REPORTS OF SUSPICIOUS TRANSACTIONS SHALL BE REFERRED TO THE
FINANCIAL INVESTIGATION UNIT WITHIN THE MAXIMUM PERIOD OF FIVE WORKING DAYS, COUNTED FROM THE TIME WHEN, ACCORDING TO THE ANALYSIS CARRIED OUT, THERE ARE SUFFICIENT EVIDENCE TO CONSIDER THEM IRREGULAR, INCONSISTENT OR NOT
RELATED TO THE KIND OF ECONOMIC ACTIVITY OF THE CLIENT. SUCH ANALYSIS SHALL BE CARRIED OUT AT THE LATEST WITHIN 15 WORKING DAYS, WHICH MAY BE EXTENDED ONCE, FOR THE SAME PERIOD, ON REQUEST TO THE UIF. (2) (3)
THE AMOUNT OF TRANSACTIONS OR TRANSACTIONS IS IRRELEVANT FOR THE PURPOSES OF THIS ARTICLE. (2)
THE SUBJECTS REFERRED TO IN ART. 9 OF THIS LAW SHALL ALSO BE REQUIRED TO REPORT THE ATTEMPT OF SUSPICIOUS OPERATIONS. THE UIF WILL ISSUE THE
FORM TO REPORT THIS TYPE OF OPERATIONS. (2)
NOTWITHSTANDING THE PROVISIONS OF THE SPECIAL LAWS ON MATTER, THE SUBJECTS REFERRED TO IN ART. 9 OF THIS LAW ARE REQUIRED TO SUBMIT A REPORT OF
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SUSPICIOUS OPERATION WHERE THERE ARE REASONABLE GROUNDS TO CONSIDER THE MONEY EITHER THE ASSETS ARE RELATED OR COULD BE USED FOR TERRORIST ACTS OR
TERRORIST ORGANIZATIONS, ORGANIZED CRIME, DRUG TRAFFICKING AND ANY OF ITS VARIANTS. (2)
THE FIU MAY CARRY OUT INSPECTIONS, ANALYSES OR AUDITS ON THE SUBJECT, BY MEANS OF A RANDOM PROCEDURE OR WHEN THERE ARE INDICATIONS OF IRREGULAR ACTIONS, WITH THE PURPOSE OF VERIFYING DUE COMPLIANCE WITH THE REQUIREMENTS. PREVIOUS. (3)
Art. 9-B.-BOUND SUBJECTS, ESPECIALLY THOSE LISTED IN ARTICLE 2 OF THIS LAW, SHALL ESTABLISH AN INTERNAL DUE DILIGENCE POLICY FOR THE IDENTIFICATION
OF ITS USERS OR CLIENTS. THE OBLIGATED SUBJECTS MUST INSTITUTE, BASED ON THE REGULATION OF THIS LAW, A STRONG INTERNAL POLICY AND WITH INTENSIFIED DILIGENCE FOR THE IDENTIFICATION OF POLITICALLY EXPOSED PERSONS, BE
NATIONAL OR FOREIGN, THUS AS THE IDENTITY OF ANY OTHER NATURAL OR LEGAL PERSON ON WHOSE BEHALF THEY ACT, REQUIRING THEIR CLIENTS TO UPDATE AND SUPPLEMENT THIS CONDITION.
EVERY PERSON WHO IS POLITICALLY EXPOSED SHALL BE UNDERSTOOD TO BE ANY PERSON WHO IS UNDERSTOOD IN ARTS. 236 AND 239 OF THE CONSTITUTION OF THE REPUBLIC, ART. 2 LITERALS "A", "B" AND "C" AND ART. 52 OF THE UNITED NATIONS CONVENTION AGAINST THE
CORRUPTION. (2) (3) (5)
Art. 10.-THE SUBJECTS REQUIRED IN ADDITION TO THE OBLIGATIONS OUTLINED IN THE ARTICLE
ABOVE, WILL HAVE THE FOLLOWING: (3)
A) TO IDENTIFY AND WITH THE NECESSARY DILIGENCE TO ALL
USERS WHO REQUIRE THEIR SERVICES, AS WELL AS THE IDENTITY OF ANY OTHER NATURAL OR LEGAL PERSON, ON WHOSE BEHALF THEY ARE ACTING; (2)
B) FILING AND MAINTAINING THE DOCUMENTATION OF THE OPERATIONS FOR A PERIOD OF FIVE YEARS, COUNTED FROM THE DATE OF COMPLETION CADA
OPERATION. FOR THE SAME TIME, YOU MUST ARCHIVE AND RETAIN IDENTIFICATION DATA, ACCOUNT FILES, AND BUSINESS CORRESPONDENCE FROM YOUR CLIENTS, STARTING FROM THE TERMINATION OF AN ACCOUNT OR COMMERCIAL RELATIONSHIP.
CUSTOMER AND TRANSACTION INFORMATION MUST BE AVAILABLE WHEN REQUIRED BY THE APPROPRIATE COMPETENT AUTHORITIES; (2)
C) TRAIN STAFF ON MONEY LAUNDERING AND ASSET LAUNDERING PROCESSES OR TECHNIQUES. END TO BE ABLE TO IDENTIFY FAILED OR
SUSPECT SITUATIONS; (2)
D) ESTABLISH INTERNAL AUDIT MECHANISMS TO VERIFY COMPLIANCE WITH WHAT IS SET FORTH IN THIS LAW; AND, (2)
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E) ADOPT, UNDER THE TERMS OF ART. 9-B OF THIS LAW AND IN ACCORDANCE WITH THIS LAW, POLICIES, RULES AND MECHANISMS
CONDUCT TO BE OBSERVED BY ITS ADMINISTRATORS, OFFICIALS AND EMPLOYEES, CONSISTING OF: (2) (3) (5)
I) ADEQUATELY KNOW THE ECONOMIC ACTIVITY THAT THEIR CLIENTS DEVELOP, THEIR MAGNITUDE, FREQUENCY, BASIC CHARACTERISTICS OF THE TRANSACTIONS IN WHICH THEY ENGAGE DAILY AND, IN
PARTICULAR, THAT OF THOSE WHO MAKE ANY TYPE OF DEPOSIT IN SIGHT, IN INSTALMENTS, SAVINGS ACCOUNTS, DELIVER GOODS IN FIDUCIA OR ORDER FIDUCIARY, OR THOSE WHO DEPOSIT IN SECURITY BOXES,
AMONG OTHERS. THE CLIENTS, AT THE REQUEST OF THE OBLIGATED SUBJECTS, MUST PROVIDE ANY TYPE OF FINANCIAL DOCUMENTATION, ACCOUNTING, TAX, REPRESENTATIVE OF THE PROPERTY,
POSSESSION OR POSSESSION OF MOVABLE AND IMMOVABLE PROPERTY, CONSTANCY OF SALARIES, OR INCOME TO JUSTIFY THE ORIGIN AND PURPOSE OF EACH OPERATION; (2) (3)
II) IF THE CLIENT DOES NOT PROVIDE THE INFORMATION OR DOCUMENTATION REQUIRED BY THE REQUIRED SUBJECTS, THEY MAY TERMINATE THE CONTRACTUAL RELATIONSHIPS WITH THAT
CLIENT, WHICH SHOULD INFORM THE UIF; (2) (3)
III) ESTABLISH THAT THE VOLUME, VALUE AND MOVEMENT OF FUNDS OF THEIR
CLIENTS ARE RELATED TO THE ECONOMIC ACTIVITY OF THE SAME; (2) (3)
IV) TO REPORT TO THE ATTORNEY GENERAL OF THE REPUBLIC, THROUGH THE UIF, IN ACCORDANCE TO THE ART. 9-A OF THIS LAW, ANY RELEVANT INFORMATION ON MANAGEMENT OF FUNDS, THE AMOUNT OF WHICH OR
CHARACTERISTICS DO NOT RELATE TO THE ECONOMIC ACTIVITY OF ITS CLIENTS; OR ABOUT TRANSACTIONS OF ITS USERS THAT FOR THE AMOUNTS INVOLVED, BY THEIR NUMBER, COMPLEXITY, CHARACTERISTICS
OR SPECIAL CIRCUMSTANCES, WILL MOVE AWAY OF THE USUAL OR CONVENTIONAL PATTERNS OF TRANSACTIONS OF THE SAME GENUS; AND THAT THEREFORE COULD REASONABLY BE CONCLUDED THAT YOU COULD BE
USING OR PRETENDING TO USE THE FINANCIAL INSTITUTION TO TRANSFER, MANAGE, TAKE ADVANTAGE OF OR INVEST MONEY OR RESOURCES FROM CRIMINAL ACTIVITIES. (2) (3)
Art. 11.-OBLIGATED SUBJECTS MUST MAINTAIN NOMINATIVE RECORDS OF THEIR USERS. THESE WILL NOT HOLD ANONYMOUS ACCOUNTS OR ACCOUNTS IN WHICH
INCORRECT OR FICTITIOUS NAMES. (3)
Art. 12.-OBLIGATED SUBJECTS MUST MAINTAIN FOR A PERIOD OF NOT LESS THAN FIFTEEN YEARS THE NECESSARY RECORDS ON TRANSACTIONS PERFORMED, BOTH NATIONAL AND
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INTERNATIONAL, ALLOWING TO RESPOND PROMPTLY TO REQUESTS FOR INFORMATION FROM THE CORRESPONDING OVERSIGHT OR OVERSIGHT BODIES, OF
THE ATTORNEY GENERAL OF THE REPUBLIC AND THE COMPETENT COURTS, IN RELATION TO THE CRIME OF MONEY LAUNDERING AND ASSETS. SUCH RECORDS WILL SERVE TO RECONSTRUCT EACH TRANSACTION, IN ORDER TO PROVIDE, IF NECESSARY, EVIDENCE OF CONDUCT
CRIMINAL. (3)
Art. 13.-THE OBLIGATED SUBJECTS MUST CONTROL THE TRANSACTIONS PERFORMED BY
ITS CLIENTS AND USERS, WHICH EXCEEDS THE AMOUNTS ESTABLISHED AND THE CONDITIONS INDICATED IN ARTICLE 9, FIRST PARAGRAPH OF THIS LAW. (2) (3)
TO CARRY THE INDICATED CONTROL, THE REQUIRED SUBJECTS MAY AUTOMATICALLY CAPTURE THE RELEVANT DATA IN THEIR SYSTEMS TO IDENTIFY THEIR CUSTOMERS AND USERS, USE THE FORM DESIGNED BY THE RESEARCH UNIT FINANCIAL
FOR SUCH AN EFFECT, AS LONG AS THE FOLLOWING REQUIREMENTS ARE MET: (2) (3)
A) IDENTIFICATION OF THE PERSON PHYSICALLY PERFORMING THE TRANSACTION,
NOTING ITS FULL NAME, DATE OF BIRTH, NATIONALITY, DOMICILE AND RESIDENCE, PROFESSION OR TRADE, FAMILY STATUS, IDENTITY CARD SUBMITTED; (2) (3)
B) IDENTIFICATION OF THE PERSON TO WHOSE NAME THE TRANSACTION IS MADE, EXPRESSING THE DATA INDICATED IN THE PRECEDING LITERAL; (2)
C) IDENTIFICATION OF THE RECIPIENT OR RECIPIENT OF THE TRANSACTION, IF THE CASE, WHICH WILL CONTAIN SIMILAR INFORMATION TO THE ONE INDICATED IN THE LITERAL A); (2)
D) TRANSACTION TYPE IN QUESTION; (2)
E) CODE THAT IDENTIFIES THE INSTITUTION WHERE THE TRANSACTION WAS MADE; (2)
F) THE CODE OF THE OFFICIAL OR EMPLOYEE OF THE INSTITUTION DEALING WITH THE TRANSACTION; (2)
G) THE AMOUNT OF THE TRANSACTION; AND, (2)
H) THE PLACE, TIME, AND DATE OF THE TRANSACTION. (2)
INSTITUTIONS WILL SUBMIT THIS FORM TO THE UIF. (2)
Art. 14.-THE OBLIGATED SUBJECTS MUST ESTABLISH A COMPLIANCE OFFICER, IN CHARGE OF AN OFFICER APPOINTED BY THE BOARD OF DIRECTORS OR COMPETENT BODY. (2) (3)
COMPLIANCE OFFICER MUST MEET THE FOLLOWING REQUIREMENTS: (2) (3)
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A) CERTIFIED CERTIFICATION BY THE REPUBLIC ' S ATTORNEY GENERAL, IN PREVENTION OF MONEY LAUNDERING AND ASSETS, FINANCING
OF TERRORISM, AND TWO YEARS OF EXPERIENCE IN SUCH BRANCHES; (2) (3)
B) HOLDING MANAGERIAL POSITION; (2)
C) SKILLS AND KNOWLEDGE ON LEGAL ASPECTS, BUSINESSES AND CONTROLS; AND, (2)
D) ACADEMIC GRADE AT THE UNIVERSITY LEVEL AND KNOWLEDGE ON ADMINISTRATIVE AND LEGAL ASPECTS OF THE BUSINESS OR ACTIVITY SPIN
OF WHAT TRATE IS. (2) (3)
THE MEMBERS OF THE COMPLIANCE OFFICER WILL ENJOY INDEPENDENCE,
HAVING FACULTY FOR DECISION MAKING IN WHAT IS UP TO THEIR FUNCTION. NOT BEING ABLE TO BE FIRED, PUNISHED OR REMOVED FROM THEIR POSTS TO COMPLY WITH THE PRIVILEGES INHERENT TO THEM. (2)
THE STRUCTURE AND OPERATION OF THE COMPLIANCE OFFICER SHALL BE REGULATED IN ACCORDANCE WITH THE REGULATION OF THIS LAW. (2)
IN THE CASES OF FINANCIAL CONGLOMERATES, IN ACCORDANCE WITH ARTICLE 133 (C) OF THE LAW OF BANKS, A SAME COMPLIANCE OFFICER MAY PERFORM SUCH A FUNCTION IN DIFFERENT COMPANIES IN THE SAME CONGLOMERATE, WHEN DETERMINED BY THE
BOARD OF DIRECTORS ATTENDING TO THE NUMBER OF CLIENTS, NUMBER OF EMPLOYEES AND VOLUME OF OPERATIONS OF SUCH COMPANIES. (2)
Art. 15. IN THE CASE OF FAILURE TO COMPLY WITH THE OBLIGATIONS LAID DOWN IN THIS LAW AND OTHER NORMATIVE PROVISIONS, THE OBLIGOR SHALL ASSUME THE RESPONSIBILITY LAID DOWN IN ARTICLE 38 (2) OF THE PENAL CODE, WITHOUT PREJUDICE TO THE
OF THIS LAW.PERSONAL CRIMINAL LIABILITY THAT IS APPLICABLE UNDER CHAPTER II OF THIS LAW, AS WELL AS THE VARIOUS FORMS OF CRIMINAL CO-PARTICIPATION THAT ARE REGULATED IN THE CRIMINAL CODE AND OTHER CONSEQUENCES THAT MAY BE APPLICABLE, INCLUDING
ADMINISTRATIVE ORDER. (3)
Art. 15 -A.-ALL RECORDS AND REPORTS REQUIRED BY THIS LAW MUST
BE STORED AND TRANSMITTED ON PAPER OR IN ELECTRONIC FORM. (2)
CHAPTER IV
INTERINSTITUTIONAL COLLABORATION
Art. 16.-State agencies and institutions, and especially the Ministry of Finance,
the Central Reserve Bank, the Root and Mortgage Property Registry and the public oversight bodies, will be obliged to provide access to directly or in electronic form to their respective databases and the corresponding collaboration in the investigation of the activities and offences covered by this law, at the request of the FIU and, according to the rules of the regulation.
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Art. 17.-The Attorney General of the Republic, may request information from any state entity,
autonomous, private or natural persons for the investigation of the crime of money laundering and assets, being obliged to provide the information requested.
Art. 18.-With the collaboration of the entities mentioned in Art. 16 of this law, the Office of the Prosecutor General of the Republic will create and maintain a bank of data related to the crime of money laundering and assets, where it will collect as much national information as international.
For the most effective effect, the information that these institutions obtain in the investigation and discovery of money laundering and money laundering will share it and, if possible, exchange it with
other national and international institutions.
Art. 19.-PRIOR TO THE ADMINISTRATIVE ORDER OF THE
REPUBLIC, THE NATIONAL CIVIL POLICE MAY PRACTICE REGISTRATION OF ANY LAND, AIR OR SEA VEHICLE THAT ENTERS THE NATIONAL TERRITORY OR WHEN IT CONSIDERS IT. CONVENIENT TO THOSE WHO CIRCULATE IN IT, HOLDING IT THE MINIMUM TIME OR
INDISPENSABLE TO PRACTICE DILIGENCE; AS WELL AS TO PROCEED TO THE REGISTRATION OR INVESTIGATION OF SUSPICIOUS PERSONS AND THEIR LUGGAGE, HAND BAGS OR ANY OTHER RECEPTACLE IN WHICH IT IS POSSIBLE TO KEEP EVIDENCE RELATED TO THE COMMISSION OF THE CRIME OF MONEY LAUNDERING AND OF MONEY LAUNDERING ACTIVE. THE INVESTIGATION WILL BE CARRIED OUT WITH RESPECT FOR THE DIGNITY
AND THE PERSON ' S MODESTY.
CIVIL NATIONAL POLICE MAY PROCEED WITHOUT PRIOR ADMINISTRATIVE ORDER
REFERRED TO IN THE PRECEDING PARAGRAPH, IN THE CASES PROVIDED FOR IN ARTICLES 196 AND 197 OF THE CRIMINAL PROCEDURAL CODE.
ANYONE WHO ENTERS OR LEAVES THE TERRITORY OF THE REPUBLIC BY ANY MEANS, REGARDLESS OF THEIR NATIONALITY, MUST DECLARE WHETHER HE CARRIES WITH THEM BANKNOTES, TURNS, CHECKS OF THEIR OWN OR OTHERS, NEGOTIABLE INSTRUMENTS TO THE BEARER, IN
NATIONAL OR FOREIGN CURRENCY OR SECURITIES, IN THE AMOUNT OF TEN THOUSAND DOLLARS OF THE UNITED STATES OF AMERICA OR MORE, OR THE EQUIVALENT IN FOREIGN CURRENCY, ACCORDING TO THE FLUCTUATIONS OF THE NATIONAL CURRENCY, IF NOT, SHALL BE DETERMINED YOUR MONTO;
CONTRARY, IT WILL BE TRUE TO EXPRESS SUCH CIRCUMSTANCE BY AFFIDAVIT. (2)
Art. 20.-IT IS THE RESPONSIBILITY OF THE GENERAL DIRECTORATE OF CUSTOMS, THE VERIFICATION OF THE VERACITY OF THE DECLARATIONS REFERRED TO IN ARTICLE 19 OF THIS ACT.
THE FALSEHOOD, OMISSION OR INACCURACY OF THE DECLARATION IN AMOUNT THAT IS EQUAL TO OR GREATER THAN TEN THOUSAND DOLLARS OF THE UNITED STATES OF AMERICA OR ITS EQUIVALENT IN FOREIGN CURRENCY, WILL CAUSE THE RETENTION OF THE SECURITIES AND ONCE ESTABLISHED, REPORT
TO THE CIVIL NATIONAL POLICE AND THE ATTORNEY GENERAL OF THE REPUBLIC, FOR THE LEGAL EFFECTS REFERRED TO IN ARTICLE 8-A OF THIS LAW AND OTHERS THAT PROCEED.
RESOLUTIONS THAT THE GENERAL DIRECTORATE OF CUSTOMS WILL ISSUE WILL BE APPEALABLE.
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IN FILE CASES, DISMISSAL OR ACQUITTAL, THE RETAINED OR SEIZED, IMPOSING A FIVE PERCENT FINE, IF IT WERE PROVEN THAT
NEGLIGENCE EXISTED. IN THE EVENT OF A CONVICTION OR FAILURE TO PROVE THE LEGITIMATE ORIGIN, THE JUDGE WILL ORDER THAT THE MONEY, ASSETS AND SECURITIES SEIZED ENTER INTO THE SPECIAL FUND OF FUNDS OBJECTS OF PRECAUTIONARY OR EXTINCTION MEASURES, ESTABLISHED IN THE
ART. 93 OF THE SPECIAL LAW OF EXTINCTION OF DOMINION AND OF THE ADMINISTRATION OF THE GOODS OF ORIGIN OR ILLICIT DESTINATION. (2) (3) (6)
Art. 21.-IN ANY STATE OF THE PROCEDURE THAT THE DIRECTORATE-GENERAL OF CUSTOMS WILL DETERMINE THAT THE PROBABLE COMMISSION OF A CRIMINAL ACT WILL BE PRESENT, IT WILL FORWARD THE MEASURES PRACTICED TOGETHER WITH THE RETAINED VALUES TO THE GENERAL PROSECUTOR ' S
LA THE REPUBLIC SHALL, WITHIN EIGHT HOURS OF THE DECISION DETERMINING THAT CIRCUMSTANCE, TAKE CHARGE OF THE PROCEDURE IN COORDINATION WITH THE NATIONAL CIVIL POLICE; THE ABOVE, WITHOUT PREJUDICE TO THOSE CASES OF DETENTION IN FLAGRANCY.
(2)
Art. 22.-All information obtained in the investigation of the crime of money laundering
and of assets shall be confidential, unless required under the law, in the investigation of another crime.
Art. 23.-REPEALED (3)
Art. 23-A.-THE SUPERINTENDENCE OF THE FINANCIAL SYSTEM IN COORDINATION WITH THE ATTORNEY GENERAL OF THE REPUBLIC AND OTHER AGENCIES LINKED TO FINANCIAL ACTIVITIES, SHALL ANNUALLY CARRY OUT AWARENESS CAMPAIGNS FOR
CRIME OF MONEY LAUNDERING AND ASSETS AT THE NATIONAL LEVEL. (2)
CHAPTER V
EXCEPTIONS TO BANKING SECRECY AND PRECAUTIONARY MEASURES
Art. 24.-Banking secrecy as well as the tax reserve, will not operate in the
investigation of the crime of money laundering and money laundering; the information that will be received will be used exclusively for the purpose of proof in that investigation and may only be ordered by the Attorney General of the Republic or the Judge of the case at the appropriate time.
Art. 25.-For the purpose of seizing or requiring the filing of bank, financial or commercial documents, the order of the competent judge will be necessary who will be able to issue them at any stage of the
process.
The Judge may at all times order the freezing of the bank accounts, the seizure
preventive of the assets of the accused, while the investigation or the respective process takes place.
In cases of urgent need, the Attorney General of the Republic, may order the immobilization
of the bank accounts of the accused persons, as well as of the funds, rights and goods that are the subject of the investigation, in the crimes referred to in this law; but Detention shall not exceed 10 days, within which the competent judge shall be given an account. Who will reasonably substantiate the provenance or provenance of such a measure in accordance with the law.
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CHAPTER VI GENERAL PROVISIONS
Art. 26.-The rules and procedures contained in the Criminal and Criminal Codes and other legal provisions shall be applicable to this Law, in which they do not contradict their text.
The offences mentioned in this Law are excluded from the Jury knowledge.
Art. 26-A.-NO LIABILITY SHALL BE INCURRED BY THE OBLIGATED SUBJECTS, THEIR LEGAL REPRESENTATIVES AND EMPLOYEES, FOR THE PURPOSE OF REFERRING TO THE FINANCIAL INVESTIGATION UNIT THE ESTABLISHED REPORTS OR ANY INFORMATION THAT IS
REQUIRE; AS WELL AS, FOR PERFORMING THE ACTS IN COMPLIANCE WITH WHAT IS ESTABLISHED BY THIS LAW. (2) (3)
Art. 26-B.-WHICH WILL DISCLOSE, DISCLOSE OR MISUSE INFORMATION, THAT THE SUBJECTS SUBJECT TO THE CONTROL OF THIS LAW ARE OBLIGED TO INFORM THE UIF OF THE ATTORNEY GENERAL OF THE REPUBLIC, WILL BE PUNISHED WITH IMPRISONMENT
THREE TO SIX YEARS.
WHICH WILL DESTROY, USE, DISAPPEAR, ALTER OR DETERIORATE THE INFORMATION REFERRED TO IN THE PREVIOUS PARAGRAPH, WILL BE SANCTIONED WITH
PRISON OF FOUR TO EIGHT YEARS.
THE COMMITTING OF THE INFRACTIONS REFERRED TO IN THE INCISOS
ABOVE, ON THE PART OF THE OFFICIAL, EMPLOYEE OR PUBLIC AND PRIVATE AUTHORITY WILL BE AGGRAVATED BY UP TO ONE THIRD OF THE MAXIMUM; CAUSE FOR REMOVAL FROM OFFICE, PRIOR TO THE PROCEDURE LAID DOWN IN THE
SCHEME TO BE APPLICABLE.
THE APPLICATION OF THE SANCTIONS PROVIDED FOR IN THIS LAW SHALL BE WITHOUT PREJUDICE
OF OTHER CRIMINAL, CIVIL OR ADMINISTRATIVE RESPONSIBILITIES INCURRED BY THE OFFENDERS. (2)
Art. 27.-Those provisionally detained for the crime of Money Laundering and Assets will not enjoy the benefit of substitution for another precautionary measure.
Those convicted of the crime of money laundering and assets will not enjoy the benefit of probation, or the conditional suspension of the execution of the sentence.
Art. 28.-The President of the Republic within 90 days of the validity of this Law shall issue the regulations necessary for the implementation and operation of the Law.
CHAPTER VII TRANSITIONAL PROVISIONS
Art. 29.-As long as the functions of the Financial Research Unit are not developed, in
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The Public Ministry's Organic Law, the privileges of the Public Ministry will be exercised by the Antinarcotraffic Unit of the aforementioned institution.
Art. 29-A.-COMPLIANCE WITH THE REQUIREMENT LAID DOWN IN ARTICLE 14 OF THIS LAW SHALL BE REQUIRED SIX MONTHS AFTER THE VALIDITY OF THIS DECREE.
(3)
Art. 30.-While the FIU does not become operational, the Ministry of Finance is empowered, in order to
, to immediately assign them in the general budget to the product of the sale of the goods of illegitimate origin that have fallen in comiso. special patrimony according to the provisions of Art. 23 of this Law and its regulations.
Art. 31.-This Decree will enter into force on June 2, one thousand nine hundred and ninety-nine, upon publication in the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, two days of the month of December thousand nine hundred and ninety-eight.
JUAN DEH MARTÍNEZ PRESIDENTE
GERSON MARTÍNEZ CIRO CRUZ ZEPEDA PEÑA FIRST VICE-PRESIDENT, SECOND VICE-PRESIDENT
RONAL UMANA NORMA FIDELIA GUEVARA DE RAMÍRIOS THIRD VICE-PRESIDENT FOURTH VICE PRESIDENT
JULIO ANTONIO GAMERO QUINTANILLA JOSE RAFAEL MACHUCA ZELAYA FIRST SECRETARY SECOND SECRETARY
ALFONSO ARISTIDES ALVARENGA GERARDO ANTONIO SUVILLAGA THIRD SECRETARY FOURTH SECRETARY
ELVIA VIOLETA MENJÍVAR JORGE ALBERTO VILLACORTA MUNOZ FIFTH SECRETARY SIXTH SECRETARY
CASA PRESIDENTIAL: San Salvador, ten days into the month of December of a thousand nine hundred and ninety-eight.
PUBLISH, ARMANDO CALDERÓN SOL, President of the Republic.
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Ruben Antonio Mejia Peña, Minister of Justice.
D. O. No. 240 Took No. 341 Date: December 23, 1998
REFORMS:
(1) D.L. No. 1033, APRIL 26, 2006;
D.O. No. 95, T. 371, MAY 25, 2006.
(2) D.L. No. 568, DECEMBER 5, 2013;
D.O. No. 9, T. 402, JANUARY 16, 2014.
(3) D.L. No. 749, 16 JULY 2014; D.O. No. 143, T. 404, AUGUST 7, 2014.
(4) D.L. No. 774, AUGUST 14, 2014; D.O. No. 161, T. 404, SEPTEMBER 2, 2014.
(5) D.L. No. 777, August 21, 2014; D.O. No. 163, T. 404, SEPTEMBER 4, 2014.
(6) D.L. No. 104, SEPTEMBER 3, 2015; D.O. NO. 173, T. 408, SEPTEMBER 23, 2015.
LM/ngc 07/06/06
JQ 21/02/14
JQ 16/09/14
JCH 24/09/14
SV 25/09/14
JQ 26/10/15
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