LAW OF THE REPUBLIC OF MOLDOVA

of March 30, 2023 No. 66

About modification of some regulations

The Parliament adopts this organic law.

This law partially shifts the Directive (EU) 2018/843 European Parliament and Council of May 30, 2018 changing the Directive (EU) 2015/849 about prevention of use of financial system for the purpose of money laundering or financing of terrorism and making changes to Directives 2009/138/EU and 2013/36/EU, published in the Official magazine of the European Union by L 156 of June 19, 2018.

Art. I. - In the Law on the prevention and anti-money laundering and terrorism No. 308/2017 financing (Official monitor of the Republic of Moldova, 2018, Art. No. 58-66, 133), with subsequent changes, to make the following changes:

1. In formula of harmonization of the word "of June 5, 2015, and also for" shall be replaced with words "of June 5, 2015, and provisions of the Directive (EU) 2018/843/EU European Parliament and Council of May 30, 2018 changing the Directive (EU) 2015/849/EU about prevention of use of the financial system for the purpose of money laundering or financing of terrorism and making changes to Directives 2009/138/EU and 2013/36/EU (the document extends to the EEA) published in the Official magazine of the European Union by L 156 of June 19, 2018 and also for the purpose of".

2. Add Article 2 with part (3) the following content:

"(3) Division of financial investigation of the Republic of Moldova is the Service according to the prevention and anti-money laundering (further - Service).".

3. In Article 3:

in the concept "doubtful activities or transaction" to exclude the word "reasonable";

after the concept "doubtful activities or transaction" to add Article with concept of the following content:

"virtual asset - digital representation of cost which is not issued or is not guaranteed by Central Bank or body of the public power is not necessarily connected with the currency established by the law and has no legal status of currency or money, but can be subject of electronic trading, transfer or use for the purpose of implementation of payments or investments. Virtual assets do not include digital representations of the fiatny currencies, securities and other financial assets established by the national legal system;";

change in concept "fictitious bank" concerns only the text in Romanian;

exclude the concept "vygodopriobretayushchy owner";

the concept "property" after the words "financial resources" to add with the words "virtual assets";

in the concept "doubtful property" of the word "reasonable suspicions are that it has illegal character;" shall be replaced with words "the bases to suspect that it can be illegal property;";

in the concept "client" of the word "or used or uses services of reporting unit;" shall be replaced with words ", used or uses services of reporting unit or performs with it other transactions of permanent or one-time nature;";

after the concept "terrorism financing" to add Article with concepts of the following content:

"the service provider in the field of virtual assets - the physical person or legal entity which is professionally providing for / or on behalf of other physical person or legal entity one or a little from the following types of activity or transactions:

a) exchange between virtual assets and fiatny currencies;

b) exchange between one or several forms of virtual assets;

c) transfer of virtual assets;

d) storage and/or management of the virtual assets or tools granting the control right over virtual assets;

e) participation in provision and provision of the financial services connected with the proposal of the issuer and/or sale of virtual asset;

predicate crime - any crime provided by the Criminal code capable to lead to emergence of property which can become object of the money laundering offense provided in article 243 of the Criminal code No. 985/2002;";

"the crimes tied with money laundering,", "the representative of liberal profession", "members of families of politically vulnerable persons", "faces, connected with politically vulnerable persons," "politically vulnerable persons", "the physical persons who are taking up important state positions at the international level" and "the physical persons who are taking up important state positions at the national level" to exclude concepts;

state the concept "business relations" of the following edition:

"business relations - the professional or commercial relations connected with the activities performed by the reporting units provided in part (1) Articles 4, which at the time of establishment of contact are considered having certain duration;";

after the concept "money laundering" to add Article with concept of the following content:

"transfer of virtual assets - transaction on behalf of other physical person or legal entity transferring virtual asset from one virtual address or the account on another;";

add the concept "transaction" with words "or which represent the cost of rendering some services;";

add Article with concept of the following content:

"the transactions/transactions connected with each other - transactions/transactions which cost is shattered/is broken into smaller tranches (according to the restrictions established by this law) having at least one of the following general elements: the agreement, the parties of transactions, vygodopriobretayushchy owners, nature or category to which transactions, and the involved amounts belong.".

4. In Article 4:

part (to state 1) in the following edition:

"(1) Provisions of this law are applied to the following physical persons and legal entities (further - reporting units):

a) banks;

b) foreign exchange offices (except banks);

c) investment societies;

d) registration societies, Single Central Securities Depository;

e) the insurers or overcautious persons and intermediaries in insurance and/or reinsurance performing activities within life insurance classes including with investment participation;

f) administrators of the optional pension funds, societies on investment management;

g) non-bank credit institutions, savings and loan associations;

h) real estate agents, including when they act as intermediaries in case of real estate lease, but only concerning transactions according to which the amount of the monthly rent exceeds 200000 lei;

i) payment societies, societies issuers of electronic money and suppliers of post services, except for service providers on informing on accounts and the service providers on initiation of payments acting according to the Law on payment services and electronic money No. 114/2012;

j) lawyers, notaries, the authorized managing directors, legal executives and other representatives of liberal professions, in case of provision to the clients of the help in preparation or making of the transactions concerning purchase or property sale, shares or shares or elements of commercial fund, control of financial instruments, securities or other property of the clients, transactions or transactions connected with sum of money or cession of property, creations or managements of bank accounts, savings accounts or financial instruments, the organizations of process of subscription to the deposits necessary for creation, functioning or managements of society, creations, managements or managements of such societies, organizations of collective investment into securities or other similar structures, and also in case of participation from name or for the clients in any transactions of financial nature or connected with the real estate, creation, activities or trust management of trusts, societies, funds or similar structures;

k) organizers of gamblings;

l) the auditors, legal entities and individual entrepreneurs providing accounting services and consulting services in the tax matters as the main economic or professional activity;

m) other physical persons and legal entities realizing goods (including the physical persons and legal entities performing activities with precious metals and gemstones) a minimum of 200000 lei or its equivalent, only if payments are made by cash irrespective of whether the transaction is made by one transaction or several interconnected transactions;

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