Act 2014
Ley Especial Contra el Lavado de Activos (Decreto No. 144-2014)
Issued by Unidad de Inteligencia Financiera
Plain-English summary
Sets risk-based customer due diligence (Arts. 6-7), five-year record keeping (Art. 8), a compliance officer and programme (Arts. 9-10) and immediate reporting of suspicious operations to the UIF (Art. 27). Art. 29 creates the UIF within the CNBS. Published in La Gaceta No. 33,718 of 30 April 2015.
Who it applies to
Banking · Insurance · Capital Markets · DNFBPs (Lawyers, Accountants, Dealers)
Topics
AML / CFT / Sanctions
Obligations arising from this law or regulation
| Obligation | Timing | Regulator | Source | Detail |
|---|---|---|---|---|
| AML compliance programme and compliance officer | Ongoing | UIF | official | |
Art. 9 requires obliged entities to designate a senior executive to oversee the compliance programme and liaise with the UIF. Art. 10 sets the programme's minimum contents: policies and procedures, a sanctions regime, a code of ethics, and internal and external audit. Art. 9 of the CNBS regulation has the board appoint the compliance officer, who reports to the Compliance Committee. |
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| AML record retention | Retention period 5 years | UIF | official | |
Art. 8 requires obliged entities to keep records of information and documentation for at least five years after the transaction or relationship ends, and records of transactions above the BCH-set threshold for at least five years after they conclude. |
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| Cash and financial transaction records to the UIF | Frequency Monthly, within the first 10 days of the month | UIF | official | |
Art. 23 requires obliged entities to register cash, multiple cash and financial transactions at or above an amount set by the BCH. Art. 24 requires the records to be completed within five business days and the previous month's records to reach the UIF within the first ten days of each month. |
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| Customer due diligence (KYC/CDD) | At onboarding + ongoing | — | official | |
Art. 7 requires identification and verification of the customer, identification of the beneficial owner and ongoing due diligence, applied on a risk basis (Art. 6) with simplified, normal or enhanced measures. Arts. 24-45 of the CNBS regulation detail the stages, beneficial owners and PEPs. |
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| Suspicious transaction reporting | Deadline Immediately ("de inmediato") | UIF | official | |
Art. 27 requires obliged entities to report suspicious operations to the UIF on the prescribed form, whether or not the transaction was carried out. The CNBS regulation read (Resolución SB 348/2016) sets no day count for filing. |
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| No obligations match these filters. | ||||
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