You must know that today there are many people all over the world who try to commit a series of crimes in a legal and legitimate format with a series of tricks and methods, and because of this, they get high profits. This type of crime, which seems very logical and legal, is also called money laundering.
It goes without saying that in every country, especially our beloved country of Iran, there are a series of laws and regulations to combat money laundering, which we have discussed in this section. So, if you want to learn more about the anti-money laundering laws in Iran and get enough information, stay with Sasha Exchange until the end of the article.
Laws against money laundering
Article 1. The principle of authenticity and authenticity of commercial transactions is the subject of Article (2) of the Commercial Law, unless it is proven otherwise based on the provisions of this law. The usurpation of property by individuals is proof of ownership if it is accompanied by a claim of ownership.
Article 2. The crime of money laundering is:
A. Acquiring, possessing, keeping or using proceeds from illegal activities knowing that it was obtained directly or indirectly as a result of committing a crime.
B. Converting, exchanging or transferring income in order to hide its illegal origin, knowing that it is directly or indirectly caused by committing a crime or helping the perpetrator in a way that is not subject to legal effects and consequences. from committing that crime
C. Concealing or concealing the true nature, origin, source, location, transfer, transfer or ownership of the proceeds that have been acquired directly or indirectly as a result of the crime.
Article 3. The proceeds of crime are any type of money that is obtained directly or indirectly from criminal activities.
Article 4. In order to coordinate relevant institutions in collecting, processing and analyzing news, documents and information, information and reports, preparing intelligent information systems, identifying suspicious transactions and in order to deal with the crime of money laundering, the Supreme Anti-Money Laundering Headquarters. The Money Laundering Council is chaired and responsible by the Minister of Economic Affairs and Finance and with the membership of the Ministers of Commerce, Information, Country and the Governor General of the Central Bank with the following duties:
1. Collecting and obtaining related news and information and analyzing and classifying them technically and expertly in cases where there is evidence of violation according to the regulations
2. Preparing and proposing the necessary regulations regarding the implementation of the law to the cabinet
3. Coordination of relevant institutions and follow-up of the full implementation of the law in the country
4. Evaluating the received reports and sending them to the judiciary in cases where there is a strong probability of being true or likely to be important.
5. Exchange of experiences and information with similar organizations in other countries within the framework of the provisions of Article (11)
note 1. The Secretariat of the Supreme Council will be in the Ministry of Economic Affairs and Finance.
Note 2. The structure and executive organizations of the council will be approved by the council of ministers in accordance with its legal duties.
Note 3. All executive regulations of the said council will be mandatory for all related natural and legal persons after the approval of the Cabinet of Ministers. Violators of this matter will be sentenced to two to five years of dismissal from the relevant service according to the decision of the administrative and judicial authorities.
Article 5. All legal entities, including the Central Bank of the Islamic Republic of Iran, banks, financial and credit institutions, insurances, central insurance, Qarz al-Hasna funds, foundations and charitable institutions, and municipalities are required to implement the bylaws approved by the Cabinet of Ministers in implementing this law.
Article 6. Notary offices, lawyers, auditors, accountants, legal experts and legal inspectors are obliged to provide the information required for the implementation of this law, which is approved by the Cabinet, at the request of the Supreme Anti-Money Laundering Council.
Article 7. Individuals, institutions and organizations subject to this law (the subject of articles 5 and 6) are obliged to comply with the following according to their type of activity and organizational structure.
A. Verification of the identity of the client and in case of action of the representative or lawyer, verification of the position and identity of the representative and lawyer and the principal in cases where there is a suspicion of violation.
Note. The approval of this law violates what is stipulated in other authentication laws and regulations.
B. Submitting information, reports, documents and documents on the subject of this law to the Supreme Anti-Money Laundering Council within the framework of the regulations approved by the Council of Ministers.
C. Report suspicious transactions and operations to the competent authority determined by the Supreme Anti-Money Laundering Council.
D. Maintaining records related to customer identification, account records, operations and transactions for the period determined in the executive regulations.
E. Developing internal control standards and training managers and employees in order to comply with the provisions of this law and its executive regulations.
Article 8. The information and documents collected in the implementation of this law will be used only for the purposes stated in the laws against money laundering and the crimes of its origin. or other persons prescribed in this law is prohibited and the violator will be sentenced to the punishment prescribed in the Law on Punishment for Publishing and Disclosure of Confidential Documents and State Secrets approved on 11/29/1353.
Article 9. The perpetrators of the crime of money laundering, in addition to returning the proceeds and proceeds of committing the crime, both the principal and the benefits obtained (and in the absence of the object or its price). , are sentenced to a fine of a quarter of the proceeds of the crime, which must be deposited into the public revenue account. to be deposited with the Central Bank of the Islamic Republic of Iran.
Note 1. In case of converting or converting the proceeds to other property, the same will be confiscated.
Note 2. Issuance and execution of the confiscation order of property and benefits if the accused is not subject to this order in terms of the main crime.
Note 3. In case of money laundering, the perpetrators of the original crime will be sentenced to the punishments prescribed in this law, in addition to the prescribed punishments related to the crime committed.
Article 10. All matters that require judicial action or permission in the implementation of this law must be done according to the regulations. The judiciary is obliged to cooperate according to the regulations.
Article 11. A branch of the public courts in Tehran and, if necessary, in the capitals of the provinces, will be appointed to deal with the crime of money laundering and related crimes. The exclusivity of the branch does not prevent the handling of other crimes.
Article 12. In cases where the Islamic Republic of Iran and other countries have approved the Law on Judicial and Information Assistance in the matter and anti-money laundering laws, cooperation will be carried out according to the conditions stipulated in the agreement.
*The above law, consisting of twelve articles and seven notes, was approved by the Islamic Council in a public meeting on Tuesday, February 2, 1386, and was approved by the Guardian Council on 11/17/2016.*