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LAW OF THE AZERBAIJAN REPUBLIC

of December 30, 2022 No. 783-VIQD

About introduction of amendments to the Criminal code of the Azerbaijan Republic and the Code of the Azerbaijan Republic about administrative offenses

Millie Majlis of the Azerbaijan Republic, being guided by Item 17 of part I of article 94 of the Constitution of the Azerbaijan Republic, in connection with execution of the laws of the Azerbaijan Republic "About counteraction of legalization of the property acquired in the criminal way and to terrorism financing" and "About address financial sanctions", decides:

Article 1. Make the following changes to the Criminal code of the Azerbaijan Republic (Collection of the legislation of the Azerbaijan Republic, 2000, No. 4 (volume II), the Art. 251, No. 5, the Art. 323, No. 12, Art. 835; 2001, No. 1, Art. 24, No. 7, Art. 455, 2002, No. 1, Art. 9, No. 5, Art. 236, 248, 258, No. 6, Art. 326, No. 8, Art. 465, 2003, No. 6, Articles 276, 279, No. 8, Articles 424, 425, No. 12 (volume I), Article 676, 2004, No. 1, Article 10, No. 4, Article 200, No. 5, Article 321, No. 8, Art. 598, No. 10, Art. 762, No. 11, Art. 900, 2005, No. 1, Art. 3, No. 6, St. Article 904, No. 11, Article 994, 2006, No. 2, Articles 71, 72, 75, No. 5, Article 390, No. 12, Articles 1008, 1020, 1028, 2007, No. 2, Article 68, No. 5, Art. 398, No. 6, Art. 560, 562, 579, No. 8, Art. 757, No. 10, Art. 937, 941, No. 11, Art. 1049, 1080, 1090, No. 12, Art. 1221, 2008, No. 6, Art. 517, No. 12, Art. 953, 2010, No. 2, Art. 70, No. 3, Art. 171, 178, No. 4, Art. of Article 275, 276, No. 7, Article 591; 2011, No. 4, Art. 253, No. 6, Art. 472, No. 7, Art. 587, 601, 621, No. 11, Art. 980, No. 12, Art. 1093; 2012, No. 2, Art. 45, No. 3, Art. 193, 196, No. 7, Art. 666, 669, 673, No. 11, Art. 1068, No. 12, Art. 1223; 2013, No. 1, Art. 14, No. 2, Art. 102, No. 4, Art. 364, No. 5, Art. 459, 479, 481, No. 6, Art. 594, 600, No. 11, Art. 1264, 1286, 1312, No. 12, Art. 1492; 2014, No. 2, Art. 89, 95, No. 4, Art. 327, No. 6, Art. 618, 622; 2015, No. 4, Articles 339, 359, 368, No. 5, Articles 504, 508, 510, No. 6, Articles 678, 690, 692, No. 11, Articles 1253, 1268, 1289, 1298, No. 12, Articles 1437, 1445; 2016, No. 4, Articles 634, 636, 638, 653, No. 5, Article 845, No. 6, Articles 993, 1001, No. 12, Articles 1983, 1999, 2008, 2019, 2038, 2048; 2017, No. 2, Art. 161, No. 3, Art. 330, No. 5, Art. 694, 697, 700, 702, 733, No. 7, Art. 1268, 1271, 1293, No. 11, Art. 1968, 1978, No. 12 (I book), Article 2231; 2018, No. 3, Art. 403, No. 5, Art. 861, No. 6, Art. 1154, No. 7 (volume I), Art. 1441, No. 10, Art. 1972, No. 11, Art. 12 (book I), Article 2472; 2019, No. 4, Art. 586, No. 7, Art. 1201, No. 8, Art. 1367; 2020, No. 3, Art. 223, No. 5, Art. 518, No. 7, Art. 832, No. 8, Art. 1010, No. 11, Art. 1332, 1333; 2021, No. 6 (Book I), Art. 541, No. 8, Art. 894, No. 12, Art. 1336; 2022, No. 5, Articles 434, 437, No. 7, Article 703, No. 8, Articles 821, 828; The Laws of the Azerbaijan Republic No. 619-VIQD of November 5, 2022 and No. 641-VIQD of November 29):

1.1. Exclude from Article 32.5 of the word "money or others" (in both cases);

1.2. Exclude from Articles 99-1.1.2 (in all three cases), 99-1.1.3 and 99-8.2 words "money or others";

1.3. Under Article 193-1:

1.3.1. exclude from the name and Article 193-1.1 of the word "money or others";

1.3.2. Exclude from Article 193-1.1.1 of the word "money or others", "money or others" and "from money or others";

1.3.3. Exclude from Article 193-1.1.2 of the word "money or others" (in both cases);

1.3.4. In Article 193-1.3.2 "large" to replace the word with the word "considerable";

1.3.5. In the Section "Note" of the word "forty five" under "the large size" shall be replaced with words "fifty" under "the considerable size";

1.4. Under Article 194:

1.4.1. exclude from the name of the word "money or others";

1.4.2. exclude from Article 194.1 of the word "money or others";

1.5. Add Article 202 with part "Note" of the following content:

"Note: Operation of article 202.2 of this Code does not extend to person who represents to body of financial monitoring of the data, containing trade or bank secrecy, according to the procedure, established by the Law of the Azerbaijan Republic "About counteraction of legalization of the property acquired in the criminal way and to terrorism financing".";

1.6. Under Article 316-2:

1.6.1. exclude from the name of the word "money or others";

1.6.2. Exclude from Article 316-2.1 of the word "money or others", words "the measures accepted against legalization" in this Article shall be replaced with words "submission to body of financial monitoring of the data and documents connected with legalization or the termination of accomplishment of transactions" and shall be replaced with words the word of "data" "data and documents";

1.6.3. In Article 316-2.2 of the word "the measures accepted" shall be replaced with words against financing "submission to body of financial monitoring of the data and documents connected with financing or the termination of accomplishment of transactions", and the word of "data" shall be replaced with words "data and documents";

1.6.4. Add the Section "Note" of the following content:

"Note: Operation of article 316-2 of this Code does not extend to cases of informing the client by the lawyer, notary, realtor, person rendering legal, accounting and tax consulting services about the termination of accomplishment of transactions or submission to body of financial monitoring of the corresponding data for the purpose of hindrance of its illegal activities."

Article 2. Make the following changes to the Code of Administrative Offences of the Azerbaijan Republic (Collection of the legislation of the Azerbaijan Republic, 2016, No. 2 (the book I), the Art. 202, No. 3, the Art. 4, Articles 631, 647, 654, No. 5, Articles 835, 846, No. 6, Articles 997, 1010, No. 7, Articles 1247, 1249, No. 10, Article 1608, No. 11, Articles 1769, 1774, 1781, 1783, 1786, 1788, No. 12, Articles 1984, 2000, 2009, 2024, 2049, 2017, No. 1, Article 21, No. 2, Articles 139, 147, 152, 162, No. 3, Article 331, 344, No. 5, Articles 698, 701, 734, 749, 754, No. 6, Articles 1020, 1033, 1036, No. 7, Articles 1273, 1296, 1297, 1299, No. 11, Articles 1964, 1966, 1969, 1979, No. 12 (the book I), Articles 2214, 2217, 2220, 2233, 2237, 2240, 2253, 2256, 2266, 2018, No. 1, Article 19, No. 2, Article 160, 162, 163, No. 3, Articles 383, 401, 404, No. 4, Article 646, No. 5, Articles 857, 860, 862, 876, 883, No. 6, Articles 1153, 1188, No. 7 (book I), Article 1435, 1437, 1438, No. 10, Article 1963, No. 11, Articles 2188, 2191, 2214, 2217, 2231, No. 12 (book I), Article 2473, the 2nd 475, 2499, 2507, 2512, 2522; 2019, No. 1, Articles 4, 6, 15, 18, 23, 44, No. 3, Articles 374, 389, No. 4, Articles 579, 581, 587, 595, No. 5, Articles 791, 800, 803, 804, 813, No. 6, Articles 992, 998, 1007, No. 7, Article 1193, No. 8, Articles 1364, 1367, 1368, 1381, 1383, No. 11, Articles 1682, 1686, 1696, No. 12, Articles 1883, 1900; 2020, No. 3, Art. 222, No. 5, Art. 505, 515, 519, No. 6, Art. 670, 672, 681, No. 7, Art. 838, 841, 846, 854, No. 8, Art. 1008, 1011, No. 9, Art. 1138, No. 11, Art. 1332, 1333, 1336, No. 12 (book I), Art. 1432, 1440; 2021, No. 4, Art. 306, No. 5, Art. 428, No. 6 (volume I), Art. 535, 541, 546, 560, No. 7, Art. 701, 705, 711, No. 8, Art. 894, No. 11, Art. 1208, No. 12, Art. 1306, 1334; 2022, No. 1, Art. 2, No. 2, Art. 89, No. 4, Art. 293, No. 5, Art. 435, No. 7, Art. 694, 699, 703, No. 8, Art. 822, 825, 828; The Laws of the Azerbaijan Republic No. 617-VIQD and 620-VIQD of November 5, 2022):

2.1. Exclude from Articles 38.1 and 102.1 of the word "money or others";

2.2. Exclude from Article 43.1 of the word" (concerning the lawyers and persons rendering auditor services)";

2.3. "Note" of Article 431 to consider the text of part the first Item and to add the second Item of the following content:

"2. Operation of this article does not extend to person which provided to body of financial monitoring of the data, containing trade or bank secrecy, according to the procedure, established by the Law of the Azerbaijan Republic "About counteraction of legalization of the property acquired in the criminal way and to terrorism financing";

2.4. Give Article 598 in the following edition:

"Article 598. Violation of the law about counteraction of legalization of the property acquired in the criminal way and to terrorism financing

598.1. For violation of the law about counteraction of legalization of the property acquired in the criminal way and to terrorism financing, namely:

598.1.1. non-compliance with measures of observance of compliance of clients by financial institutions, requirements of storage of data and documents and trust to the third parties concerning each client and transaction;

598.1.2. failure to carry out or incomplete accomplishment of the program of internal control by financial institutions;

598.1.3. untimely or incomplete accomplishment by financial institutions of the written instructions this by body of financial monitoring in the field of legalization of the property received in the criminal way and prevention of financing of terrorism for each written specifying;

598.1.4. creation of obstacles of activities of monitoring bodies by financial institutions, including failure to act in response to requests, non-presentation of necessary data and documents, provision of false information and documents (except as specified, stipulated in Article 602.4 of this Code in concerning the inspections which are carried out by visit of places of implementation of business activity);

598.1.5. non-compliance by financial institutions with requirements for politically men of weight, on each politically man of weight and transaction;

598.1.6. violation by financial institutions of requirements for use of new technologies -

on officials the penalty from two thousand to four thousand manats, is imposed on legal entities - penalty from twenty thousand to thirty thousand manats.

598.2. For not the statement person performing functions of the head of the foreign legal entity that he is the head of the foreign legal entity in case of establishment of business relations with persons incurring obligations -

on physical persons the penalty from one thousand to two thousand manats, is imposed on officials - from two thousand to four thousand manats, on legal entities - from twelve thousand to twenty thousand manats.

598.3. For not the statement the service provider of the company acting as the external managing legal entity founded (registered) in foreign state (territory) about the participation as the service provider of the company in case of establishment of business relations with persons incurring obligations and not submission of all necessary data and documents connected with it -

on physical persons the penalty in the amount of one thousand five hundred to two thousand five hundred manats, is imposed on officials - from two thousand five hundred manats to five thousand manats, on legal entities - from fifteen thousand to twenty thousand manats.

598.4. For violation by financial institutions of the requirements established by the Law of the Azerbaijan Republic "About counteraction of legalization of income gained in the criminal way and to terrorism financing" concerning submission of data and documents on the transactions which are subject to control on each transaction -

on officials the penalty from two thousand to four thousand manats, is imposed on legal entities - from twenty thousand to thirty thousand manats.

598.5. For violation by financial institutions of the requirements established by the Law of the Azerbaijan Republic "About counteraction of legalization of the property acquired in the criminal way and to terrorism financing" concerning non-execution of transactions for each transaction -

on officials the penalty from three thousand to five thousand manats, is imposed on legal entities - from thirty thousand to forty thousand manats.

598.6. For non-execution of the decision of body of financial monitoring by financial institutions on the termination of transactions, on each transaction -

on officials the penalty from four thousand to six thousand manats, is imposed on legal entities - from forty thousand to fifty thousand manats.

598.7. For assumption non-financial organizations and professionals of the offenses provided by Articles 598.1 and 598.4 of this Code -

on officials the penalty in the amount of eight hundred to one and a half thousand manats, is imposed on legal entities - at the rate from eight thousand to fifteen thousand manats.

598.8. For lack of the rules and procedures directed to risk minimization for the purpose of prevention of financing of terrorism in the Azerbaijan Republic by branches or representative offices of the religious organizations, non-governmental organizations, including non-governmental organizations of foreign states -

on officials the penalty from two thousand to four thousand manats, is imposed on legal entities - from ten thousand to twenty thousand manats.

598.9. For non-compliance by persons rendering auditor services of requirements of the Law of the Azerbaijan Republic "About counteraction of legalization of the property acquired in the criminal way and to terrorism financing" about submission of data and documents or storage of data and documents on the transactions which are subject to control, either untimely or incomplete execution of written instructions of body of financial monitoring in the field of prevention of legalization of the property received in the criminal way and terrorism financings, and also creation of obstacles for activities of monitoring bodies, lack of replies to the requests, not provision of required data and documents, provision of false information and documents -

on officials the penalty in the amount of eight hundred to one and a half thousand manats, is imposed on legal entities - at the rate from eight thousand to fifteen thousand manats.

598.10. For rejection of measures for freezing of assets according to the Law of the Azerbaijan Republic "About address financial sanctions" on each physical person or legal entity -

on officials the penalty at the rate from three thousand to five thousand manats, is imposed on legal entities - at the rate from thirty thousand to fifty thousand manats.".

Article 3. This Law becomes effective since February 1, 2023.

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