Примеры использования Financial code на Английском языке и их переводы на Русский язык
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The Financial Code(Act No. 8 of 1990);
Insider trading relating to terrorist activity(article 465-1 of the Monetary and Financial Code) is subject to seven years' imprisonment and a fine of 1.5 million euros.
CARICOM remained committed to working with international development and financial institutions to create a sound andtransparent international framework of financial codes and standards.
Pursuant to article L562-2 of the Monetary and Financial Code, the obligation to report suspicions relates inter alia to operations connected with organized crime.
It also extends the list of professions subject to the reporting obligation referred to in article L.562-1 of the Monetary and Financial Code to the following professionals and companies.
Pursuant to article L.511-10 of the Monetary and Financial Code, credit establishments must obtain the approval of the Committee on Credit Establishments and Investment Enterprises before conducting their business.
France can freeze the accounts of natural or legal persons at the national level by decree issued on the basis of the report of the minister responsible for economic affairs in accordance with article L-151-2 of the Monetary and Financial Code.
Failure to observe these provisions is punishable under article L571-3 of the Monetary and Financial Code, which provides for a penalty of three years' imprisonment and a fine of 375,000 euros.
Pursuant to article L511-5 of the Monetary and Financial Code, only artificial persons that have been approved as credit establishments may carry out banking operations receipt of funds from the public, credit operations and provision to the clients or handling of payment means.
Active and committed participation by developing countries in the decision-making process in international financial institutions andin the development of international financial codes and rules was necessary to ensure the success of any reforms.
Failure to abide by the provisions of article L511-5 of the Monetary and Financial Code is punishable, under article L571-3 of that same Code, by three years' imprisonment and a fine of 375,000 euros.
Furthermore, a"liaison committee to suppress the laundering of proceeds of crimes and offences", co-chaired by TRACFIN andthe Ministry of Justice, has recently been established by the legislature New Economic Regulations Act of 15 May 2001-- article L.562-10 of the Monetary and Financial Code.
Articles L151-1 andL151-2 of the Monetary and Financial Code require a report, prior authorization or monitoring of currency exchange operations, movements of capital and payments of any kind between France and another country.
TRACFIN is authorized to exchange information with its counterparts in other countries, provided that they meet the following three conditions: they must have a similar remit, namely, that of combating money-laundering; they must respect the principle of reciprocity; andthey must abide by the same professional confidentiality requirements article L.564-2 of the Monetary and Financial Code.
It should also be noted that in recent reforms of the Financial Code of the Federal District, articles 389 to 391 provide for reparations by public institutions and civil servants when violations of human rights have been committed.
Act No. 90-614 of 12 July 1990, as amended, concerning participation of financial organizations in the fight against laundering ofproceeds from drug trafficking, which is now part of the Monetary and Financial Code, set up a dual regime based on either a report concerning facts or a report concerning suspicions according to the circumstances.
Under article L511-5 of the Monetary and Financial Code, only legal persons registered as credit establishments can conduct banking operations receipt of funds from the public, credit transactions and providing clients or management with the means of payment.
At the national level, however, France can also use regulatory instruments, on the basis of the Act of 28 December 1966 concerning financial relations with foreign countries and articles L151-1 andL151-2 of the Monetary and Financial Code, in order to adopt restrictive measures against non-resident physical or legal persons included in the Consolidated List.
Cooperation with the private sector is provided for in the Monetary and Financial Code, which contains provisions relating to the obligation of financial institutions and specific categories of professionals to report any offences to the State Prosecutor and disclose any suspicions to TRACFIN.
The provisions of Act No. 90-614 of 12 July 1990, concerning the involvement of financial institutions in combating money-laundering,have now been incorporated into article L563-1 of the Monetary and Financial Code; under these provisions, financial institutions are required to ascertain the identity of their contractual partners through the presentation of conclusive documentary proof.
Article 152.3 of the Monetary and Financial Code-- right of communication of the tax administration-- which authorizes the requesting from credit and other establishments of"the date, amount of sums transferred abroad, the identity of the sender and recipient and the accounts involved in France and abroad.
This law extends the obligation to report suspicious transactions under article L.562-2 of the Monetary and Financial Code to suspicious sums and transactions which may be derived from fraud or corruption against the financial interests of the European Communities.
Article L.562-7 of the Monetary and Financial Code provides that:"Where a financial agency or person referred to in article L.562-1 fails to meet the obligations arising under the present title, whether owing to a serious lack of vigilance or to the inefficient organization of internal monitoring procedures, the disciplinary authority shall institute proceedings on the basis of the professional or administrative regulations and shall so notify the government procurator.
The banking transactions defined in article L.311-1 of the Monetary and Financial Code and subject to approval include client access to or management of all tools which allow any person to transfer funds, whatever the medium or the technical procedure used.
Article 152, paragraph 3, of the Monetary and Financial Code(Right of seizure of tax authorities), which allows officials to request from credit establishments and other related services"the date, the amounts of overseas transfers, the identification of the sender and the beneficiary, as well as the accounts used in France and abroad.
Under paragraph(c)(1) of the report submitted by France to the Counter-Terrorism Committee, the Government, pursuant to articles L-151.1 andL-151.2 of the Monetary and Financial Code, has the power to freeze assets by decree(prescribed administrative measure taken by the Government) issued on the basis of the report of the minister of economic affairs, finance and industry and prepared by the Treasury Department, without reference to any Community Regulation.
Pursuant to article L561-1 of the Monetary and Financial Code, individuals who are not covered by the regime of reports concerning suspicions who, in the exercise of their profession, carry out, monitor or provide advice in respect of operations involving movements of capital, are required to report to the Public Prosecutor's Office operations of which they have knowledge involving monies that they know to be the proceeds of drug trafficking or the activities of criminal organizations.
At the national level, this requirement is helpfully reinforced by the provisions of article L-152-1 of the Monetary and Financial Code, which provides that all natural persons who transfer funds, securities or financial instruments worth 7,600 euros or more into or out of the country without the intermediary of a credit institution or service organization must file a declaration with the customs administration.
Pursuant to article L. 511-5 of the French Monetary and Financial Code, applicable in Monaco, only legal persons registered as credit institutions may carry out banking transactions receipt of funds from the public, credit operations, and provision to customers or management of means of payment.
The French Government, by virtue of articles L151-1 and L151-2 of the monetary and financial code, can impose measures to freeze assets by national decree, but in general, the procedure consists in placing the body or individual on a list of terrorist organizations, either under the Security Council Committee established pursuant to resolution 1267(1999) if it has links with al-Qa'idah and its sphere of influence, or on the European list common position of 10 December 2001 in implementation of United Nations Security Council resolution 1373 2001.