Cabinet Resolution Regulating Violations, Administrative Penalties Imposed on Violators of Measures for Confronting Money Laundering and Combating Financing of Terrorism Subject to the Control of Ministry of Justice and Ministry of Economy
Formal Name: Formal Name Cabinet Resolution No.(71) of 2024 Regulating Violations, Administrative Penalties Imposed on Violators of Measures for Confronting Money Laundering and Combating Financing of Terrorism Subject to the Control of Ministry of Justice and Ministry of Economy
The Cabinet,
- Upon reviewing the Constitution; and
- Federal Law No. (1) of 1972, Concerning the Competences of the Ministries and the Capacities of the Ministers, and its amendments; and
- Federal Decree-Law No. (20) of 2018, On Combating Money Laundering and the Financing of Terrorism and Illegal Organisations, and its amendments thereof; and
- Cabinet Resolution No. (10) of 2019, Concerning the Executive Regulation of Federal Decree-Law No. (20) of 2018 On Combating Money Laundering and the Financing of Terrorism and Illegal Organisations, and its amendments thereof; and
- Cabinet Resolution No. (74) of 2020, Concerning the Terrorists Lists and Implementation of UN Security Council Resolutions relating to Preventing and Countering Financing Terrorism and Leveraging Non-Proliferation of Weapons of Mass Destruction, and the Relevant Resolutions; and
- Cabinet Resolution No. (16) of 2021, Concerning the Unified List of Violations and Administrative Fines Imposed on Violators of Measures for Confronting Money Laundering and Combating the Financing of Terrorism Who are Under the Control of the Ministry of Justice and Ministry of Economy; and
- Based upon the proposal submitted by the Minister of Finance and the Cabinet’s approval,
Has resolved as follows:
Article (1) Definitions
Definitions stipulated in the aforementioned Cabinet Resolution No. (10) of 2019 shall be applied. Otherwise, the following terms and expressions shall be accorded their designated meanings, unless the context otherwise requires:
Ministry: Ministry of Justce or Ministry of Economy, as the case may be.
Minister: Minister of Justice or Minister of Economy, as the case may be.
Federal Decree-Law: Federal Decree-Law No. (20) of 2018, On Combating Money Laundering and the Financing of Terrorism and Illegal Organisations, and its amendments.
Executive Regulations: Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018, On Combating Money Laundering and the Financing of Terrorism and Illegal Organisations, and its amendments.
Designated Non-Financial Businesses and Professions: Whoever engages in one or more of the commercial or professional businesses stipulated in Article (3) of the Executive Regulations, who are Under the Ministry oversight.
Article (2) Scope of Application
Provisions of this Resolution shall apply to Designated Non-Financial Businesses and Professions upon violating any provision of the Decree-Law, the Executive Regulation or the resolutions issued for its implementation.
Article (3) Authority to Impose Administrative Penalties
1. The Ministry may impose one of the administrative penalties stipulated in Article (14) of the Decree-Law or impose the administrative fines according to the list attached to this Resolution, or both, upon committing any of the violations set forth in the list attached to this Resolution.
2. The Minister shall designate a competent authority within the Ministry to be responsible for imposing the administrative fines on the designated non-financial businesses and professions, the procedures and controls to impose such fines.
Article (4) Notification of the Administrative Penalty and Grievance Against it
1. The Ministry shall notify the violating party within the designated non-financial businesses and professions of the Ministry’s decision to impose the administrative fine thereon within twenty (20) working days as of the date of issuing the notice.
2. Any individual with a capacity or any stakeholder may grieve to the Minister or his delegate against the administrative penalty within (30) thirty working days as of the date of the notice of the penalty or the grievant knowledge, as the case may be, provided that the grievance shall be substantiated and all supporting documents are attached in accordance with the procedures applicable in the Ministry.
3. Upon considering the grievance, the Minister or his delegate may take any of the following measures:
Article (5) General Provisions
1. The fines imposed subject to the provisions of this Resolution shall be collected according to the mechanism prescribed by the Ministry of Finance.
2. The Ministry may double the administrative fine value that is imposed on the Violator once the violation is repeated.
3. Imposing the administrative fine under the provisions of this Resolution shall not prevent the Ministry to impose any of the other administrative sanctions stipulated in Article (14) of the Decree-Law.
Article (6) Amendment of Fines
Subject to the provision of Article (14) of the Decree-Law, the Cabinet shall be competent authority to amend the value of the administrative fines set forth in the list attached thereto, whether by addition, deletion or amendment.
Article (7) Executive Resolutions
The Minister shall issue the resolutions necessary to apply the provisions of this Resolution.
Article (8) Repeals
The Cabinet Resolution No. (16) of 2021 Concerning the Unified List of Violations and Administrative Fines Imposed on Violators of Measures for Confronting Money Laundering and Combating the Financing of Terrorism Who are Under the Control of the Ministry of Justice and Ministry of Economy. Any provision that violates or contradicts the provisions of this Resolution shall be repealed.
Article (9) Resolution Publication and Entry into Force
This Resolution shall be published in the Official Gazette and shall enter into force as of the day following the date of its publication.