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Cabinet Resolution Regulating Violations, Administrative Penalties Imposed on Violators of Measures for Confronting Money Laundering and Combating Financing of Terrorism Subject to the Control of Ministry of Justice and Ministry of Economy

The last update on this law was listed on 08 Jul 2024

Related legislations

Issued Date

08 Jul 2024

Effective Date

16 Jul 2024

Official Gazette Date

15 Jul 2024

Official Gazette No

779

Legislation State

Active

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Article (1) Definitions

Definitions stipulated in the aforementioned Cabinet Resolution No. (10) of 2019 shall be applied. Otherwise, the following terms and expressions shall be accorded their designated meanings, unless the context otherwise requires:
Ministry: Ministry of Justce or Ministry of Economy, as the case may be.
Minister: Minister of Justice or Minister of Economy, as the case may be.
Federal Decree-Law: Federal Decree-Law No. (20) of 2018, On Combating Money Laundering and the Financing of Terrorism and Illegal Organisations, and its amendments.
Executive Regulations: Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018, On Combating Money Laundering and the Financing of Terrorism and Illegal Organisations, and its amendments.
Designated Non-Financial Businesses and Professions: Whoever engages in one or more of the commercial or professional businesses stipulated in Article (3) of the Executive Regulations, who are Under the Ministry oversight.

Article (2) Scope of Application

Provisions of this Resolution shall apply to Designated Non-Financial Businesses and Professions upon violating any provision of the Decree-Law, the Executive Regulation or the resolutions issued for its implementation.

Article (3) Authority to Impose Administrative Penalties

1. The Ministry may impose one of the administrative penalties stipulated in Article (14) of the Decree-Law or impose the administrative fines according to the list attached to this Resolution, or both, upon committing any of the violations set forth in the list attached to this Resolution. 
2. The Minister shall designate a competent authority within the Ministry to be responsible for imposing the administrative fines on the designated non-financial businesses and professions, the procedures and controls to impose such fines.

Article (4) Notification of the Administrative Penalty and Grievance Against it

1. The Ministry shall notify the violating party within the designated non-financial businesses and professions of the Ministry’s decision to impose the administrative fine thereon within twenty (20) working days as of the date of issuing the notice. 
2. Any individual with a capacity or any stakeholder may grieve to the Minister or his delegate against the administrative penalty within (30) thirty working days as of the date of the notice of the penalty or the grievant knowledge, as the case may be, provided that the grievance shall be substantiated and all supporting documents are attached in accordance with the procedures applicable in the Ministry. 
3. Upon considering the grievance, the Minister or his delegate may take any of the following measures:

a. Deny the grievance and endorse the prescribed administrative penalty in case the reasons and justifications on which the decision for which the grievance is submitted are valid.
b. Amend the prescribed administrative penalty with another penalty from those stipulated in Article (14) of the Decree-Law or the unified listed attached to this Resolution, considering the violation, subject matter of the decision for which the grievance is submitted and its proportionality to the nature of the activity and volume of transactions of the facility, provided that the grievance shall not harm the aggrieved party.
c. Cancel the prescribed administrative penalty in case the violation reasons are removed or invalid. 

4. The decision that is issued on the grievance shall be final, and failure to reply to the grievance within (40) forty working days as of its submission date shall be deemed a rejection of the grievance. 
5. Appeal against the administrative fine decision imposed in accordance with the provisions of this Resolution shall not be accepted prior to grievance and taking a procedure with respect to such decision, or the lapse of the deadline for replying thereto.

Article (5) General Provisions

1. The fines imposed subject to the provisions of this Resolution shall be collected according to the mechanism prescribed by the Ministry of Finance.
2. The Ministry may double the administrative fine value that is imposed on the Violator once the violation is repeated.
3. Imposing the administrative fine under the provisions of this Resolution shall not prevent the Ministry to impose any of the other administrative sanctions stipulated in Article (14) of the Decree-Law.

Article (6) Amendment of Fines

Subject to the provision of Article (14) of the Decree-Law, the Cabinet shall be competent authority to amend the value of the administrative fines set forth in the list attached thereto, whether by addition, deletion or amendment. 

Article (7) Executive Resolutions

The Minister shall issue the resolutions necessary to apply the provisions of this Resolution.

Article (8) Repeals

The Cabinet Resolution No. (16) of 2021 Concerning the Unified List of Violations and Administrative Fines Imposed on Violators of Measures for Confronting Money Laundering and Combating the Financing of Terrorism Who are Under the Control of the Ministry of Justice and Ministry of Economy. Any provision that violates or contradicts the provisions of this Resolution shall be repealed.

Article (9) Resolution Publication and Entry into Force

This Resolution shall be published in the Official Gazette and shall enter into force as of the day following the date of its publication.

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