| Each Member State shall be legally required to prepare a national risk assessment that outlines appropriate steps to identify, assess, understand and mitigate the risks of money laundering and terrorist financing affecting it. |
Yes. The Service, jointly with the bodies with supervisory functions over reporting entities, law enforcement bodies and other competent institutions, organizes, carries out and updates, at least once every 3 years, the assessment of money laundering and terrorist financing risks at national level in order to: a) optimize the regulatory, institutional and policy framework in the field of preventing and combating money laundering and terrorist financing; b) efficiently distribute material, financial and human resources by the Service, the bodies with supervisory functions over reporting entities, law enforcement bodies and other competent institutions; c) inform public authorities, professional associations and reporting entities about the money laundering and terrorist financing risks identified at national level.
(Article 6, Law. 308/2017) |
| Member states shall be legally required to keep the national risk assessment up to date and review it at least every 4 years. |
Yes. The Service, jointly with the bodies with supervisory functions over reporting entities, law enforcement bodies and other competent institutions, organizes, carries out and updates, at least once every 3 years, the assessment of money laundering and terrorist financing risks at national level in order to: a) optimize the regulatory, institutional and policy framework in the field of preventing and combating money laundering and terrorist financing; b) efficiently distribute material, financial and human resources by the Service, the bodies with supervisory functions over reporting entities, law enforcement bodies and other competent institutions; c) inform public authorities, professional associations and reporting entities about the money laundering and terrorist financing risks identified at national level.
(Article 6, Law. 308/2017) |
| Member states should legally designate an authority or mechanism to co-ordinate actions to assess risks. |
Yes. The Service, jointly with the bodies with supervisory functions over reporting entities, law enforcement bodies and other competent institutions, organizes, carries out and updates, at least once every 3 years, the assessment of money laundering and terrorist financing risks at national level in order to: a) optimize the regulatory, institutional and policy framework in the field of preventing and combating money laundering and terrorist financing; b) efficiently distribute material, financial and human resources by the Service, the bodies with supervisory functions over reporting entities, law enforcement bodies and other competent institutions; c) inform public authorities, professional associations and reporting entities about the money laundering and terrorist financing risks identified at national level.
(Article 6, Law. 308/2017) |
| The following conduct, when committed intentionally, is punishable as a criminal offence: the conversion or transfer of property, knowing that such property is derived from criminal activity, for the purpose of concealing or disguising the illicit origin of the property or of assisting any person who is involved in the commission of such an activity to evade the legal consequences of that person’s action; |
Yes. Article 243. Money laundering (1) Money laundering committed by: 3a) the conversion or transfer of assets by a person who knows or should have known that they constitute illicit income, in order to conceal or disguise the illicit origin of the assets or to help any person, involved in the commission of the main crime, to avoids the legal consequences of these actions; b) concealing or disguising the nature, origin, location, disposition, transmission, movement of the real property of goods or related rights by a person who knows or should have known that they constitute illicit income; c) the acquisition, possession or use of goods by a person who knows or should have known that they constitute illegal income; d) participating in any association, agreement, complicity by providing assistance, help or advice in order to commit the actions provided for in letters a)-c) shall be punished with a fine in the amount of 2350 to 4350 conventional units or with imprisonment of up to 6 years, in both cases with (or without) the deprivation of the right to hold certain positions or to exercise a certain activity for a period of from 2 to 5 years, with a fine, applied to the legal entity, from 10,000 to 13,000 conventional units with the deprivation of the right to exercise a certain activity or with the liquidation of the legal entity.
(Article 243, Criminal Code) |
| The following conduct, when committed intentionally, is punishable as a criminal offence: the concealment or disguise of the true nature, source, location, disposition, movement, rights with respect to, or ownership of, property, knowing that such property is derived from criminal activity; |
Yes. Article 243. Money laundering (1) Money laundering committed by: 3a) the conversion or transfer of assets by a person who knows or should have known that they constitute illicit income, in order to conceal or disguise the illicit origin of the assets or to help any person, involved in the commission of the main crime, to avoids the legal consequences of these actions; b) concealing or disguising the nature, origin, location, disposition, transmission, movement of the real property of goods or related rights by a person who knows or should have known that they constitute illicit income; c) the acquisition, possession or use of goods by a person who knows or should have known that they constitute illegal income; d) participating in any association, agreement, complicity by providing assistance, help or advice in order to commit the actions provided for in letters a)-c) shall be punished with a fine in the amount of 2350 to 4350 conventional units or with imprisonment of up to 6 years, in both cases with (or without) the deprivation of the right to hold certain positions or to exercise a certain activity for a period of from 2 to 5 years, with a fine, applied to the legal entity, from 10,000 to 13,000 conventional units with the deprivation of the right to exercise a certain activity or with the liquidation of the legal entity.
(Article 243, Criminal Code) |
| The following conduct, when committed intentionally, is punishable as a criminal offence: the acquisition, possession or use of property, knowing at the time of receipt, that such property was derived from criminal activity. |
Yes. Article 243. Money laundering (1) Money laundering committed by: 3a) the conversion or transfer of assets by a person who knows or should have known that they constitute illicit income, in order to conceal or disguise the illicit origin of the assets or to help any person, involved in the commission of the main crime, to avoids the legal consequences of these actions; b) concealing or disguising the nature, origin, location, disposition, transmission, movement of the real property of goods or related rights by a person who knows or should have known that they constitute illicit income; c) the acquisition, possession or use of goods by a person who knows or should have known that they constitute illegal income; d) participating in any association, agreement, complicity by providing assistance, help or advice in order to commit the actions provided for in letters a)-c) shall be punished with a fine in the amount of 2350 to 4350 conventional units or with imprisonment of up to 6 years, in both cases with (or without) the deprivation of the right to hold certain positions or to exercise a certain activity for a period of from 2 to 5 years, with a fine, applied to the legal entity, from 10,000 to 13,000 conventional units with the deprivation of the right to exercise a certain activity or with the liquidation of the legal entity.
(Article 243, Criminal Code) |
| Aiding and abetting, inciting and attempting a money laundering offence is punishable as a criminal offence. |
Yes. Article 243. Money laundering (1) Money laundering committed by: 3a) the conversion or transfer of assets by a person who knows or should have known that they constitute illicit income, in order to conceal or disguise the illicit origin of the assets or to help any person, involved in the commission of the main crime, to avoids the legal consequences of these actions; b) concealing or disguising the nature, origin, location, disposition, transmission, movement of the real property of goods or related rights by a person who knows or should have known that they constitute illicit income; c) the acquisition, possession or use of goods by a person who knows or should have known that they constitute illegal income; d) participating in any association, agreement, complicity by providing assistance, help or advice in order to commit the actions provided for in letters a)-c) shall be punished with a fine in the amount of 2350 to 4350 conventional units or with imprisonment of up to 6 years, in both cases with (or without) the deprivation of the right to hold certain positions or to exercise a certain activity for a period of from 2 to 5 years, with a fine, applied to the legal entity, from 10,000 to 13,000 conventional units with the deprivation of the right to exercise a certain activity or with the liquidation of the legal entity.
(Article 243, Criminal Code) |
| Money laundering offences are punishable by a maximum term of imprisonment of at least four years. |
Yes. Article 243. Money laundering (1) Money laundering committed by: 3a) the conversion or transfer of assets by a person who knows or should have known that they constitute illicit income, in order to conceal or disguise the illicit origin of the assets or to help any person, involved in the commission of the main crime, to avoids the legal consequences of these actions; b) concealing or disguising the nature, origin, location, disposition, transmission, movement of the real property of goods or related rights by a person who knows or should have known that they constitute illicit income; c) the acquisition, possession or use of goods by a person who knows or should have known that they constitute illegal income; d) participating in any association, agreement, complicity by providing assistance, help or advice in order to commit the actions provided for in letters a)-c) shall be punished with a fine in the amount of 2350 to 4350 conventional units or with imprisonment of up to 6 years, in both cases with (or without) the deprivation of the right to hold certain positions or to exercise a certain activity for a period of from 2 to 5 years, with a fine, applied to the legal entity, from 10,000 to 13,000 conventional units with the deprivation of the right to exercise a certain activity or with the liquidation of the legal entity.
(Article 243, Criminal Code) |
| A prior or simultaneous conviction for the criminal activity from which the property was derived is not a prerequisite for a conviction for money laundering offences |
Yes. Article 243. Money laundering (1) Money laundering committed by: 3a) the conversion or transfer of assets by a person who knows or should have known that they constitute illicit income, in order to conceal or disguise the illicit origin of the assets or to help any person, involved in the commission of the main crime, to avoids the legal consequences of these actions; b) concealing or disguising the nature, origin, location, disposition, transmission, movement of the real property of goods or related rights by a person who knows or should have known that they constitute illicit income; c) the acquisition, possession or use of goods by a person who knows or should have known that they constitute illegal income; d) participating in any association, agreement, complicity by providing assistance, help or advice in order to commit the actions provided for in letters a)-c) shall be punished with a fine in the amount of 2350 to 4350 conventional units or with imprisonment of up to 6 years, in both cases with (or without) the deprivation of the right to hold certain positions or to exercise a certain activity for a period of from 2 to 5 years, with a fine, applied to the legal entity, from 10,000 to 13,000 conventional units with the deprivation of the right to exercise a certain activity or with the liquidation of the legal entity.
(Article 243, Criminal Code) |
| A conviction for money laundering offences is possible where it is established that the property was derived from a criminal activity, without it being necessary to establish all the factual elements or all circumstances relating to that criminal activity, including the identity of the perpetrator; |
Yes. Article 243. Money laundering (1) Money laundering committed by: 3a) the conversion or transfer of assets by a person who knows or should have known that they constitute illicit income, in order to conceal or disguise the illicit origin of the assets or to help any person, involved in the commission of the main crime, to avoids the legal consequences of these actions; b) concealing or disguising the nature, origin, location, disposition, transmission, movement of the real property of goods or related rights by a person who knows or should have known that they constitute illicit income; c) the acquisition, possession or use of goods by a person who knows or should have known that they constitute illegal income; d) participating in any association, agreement, complicity by providing assistance, help or advice in order to commit the actions provided for in letters a)-c) shall be punished with a fine in the amount of 2350 to 4350 conventional units or with imprisonment of up to 6 years, in both cases with (or without) the deprivation of the right to hold certain positions or to exercise a certain activity for a period of from 2 to 5 years, with a fine, applied to the legal entity, from 10,000 to 13,000 conventional units with the deprivation of the right to exercise a certain activity or with the liquidation of the legal entity.
(Article 243, Criminal Code) |
| Legal persons can be held liable for the breaches of Regulation (EU) 2024/1624 or Regulation (EU) 2023/1113 committed on their behalf or for their benefit by any person, acting individually or as part of a body of that legal person and having a leading position within that legal person, based on any of the following: a power to represent the legal person; an authority to take decisions on behalf of the legal person; an authority to exercise control within the legal person. |
Yes. (3) A legal person, with the exception of public authorities, is liable for criminal liability for an act provided for by the criminal law if it has not fulfilled or has fulfilled improperly the direct provisions of the law that establish duties or prohibitions regarding the performance of a certain activity and it is found at least one of the following circumstances: a) the act was committed in the interest of the respective legal entity by a natural person empowered with management functions, who acted independently or as part of an organ of the legal entity; b) the act was admitted or authorized, or approved, or used by the person empowered with management functions; c) the act was committed due to the lack of supervision and control on the part of the person empowered with management functions.
(Article 21 (3), Criminal Code) |
| Legal persons can be held liable where the lack of supervision or control has made possible the commission of any money laundering offences for the benefit of that legal person by a person under its authority. |
Yes. (3) A legal person, with the exception of public authorities, is liable for criminal liability for an act provided for by the criminal law if it has not fulfilled or has fulfilled improperly the direct provisions of the law that establish duties or prohibitions regarding the performance of a certain activity and it is found at least one of the following circumstances: a) the act was committed in the interest of the respective legal entity by a natural person empowered with management functions, who acted independently or as part of an organ of the legal entity; b) the act was admitted or authorized, or approved, or used by the person empowered with management functions; c) the act was committed due to the lack of supervision and control on the part of the person empowered with management functions.
(Article 21 (3), Criminal Code) |
| Legal persons held liable are punishable by criminal or non-criminal fines. |
Yes. Article 63. Categories of penalties applied legal persons (1) The following penalties may be applied to legal entities: a) fine; b) deprivation of the right to exercise a certain activity; c) liquidation. (2) The fine is applied as the main punishment. (3) Depriving the legal person of the right to exercise a certain activity and its liquidation are applied both as main punishments and as complementary punishments.
(Article 63, Criminal Code) |
| Legal persons held liable are punishable by other sanctions, such as: exclusion from entitlement to public benefits or aid; temporary or permanent exclusion from access to public funding, including tender procedures, grants and concessions; temporary or permanent disqualification from the practice of commercial activities; placing under judicial supervision; a judicial winding-up order; temporary or permanent closure of establishments which have been used for committing the offence. |
Yes. Article 73. Deprivation of a legal person of the right to exercise a certain 1 activity (1) Depriving a legal person of the right to exercise a certain activity consists in establishing the prohibition to conclude certain transactions, to issue shares or other securities, to receive subsidies, facilities and other advantages from the state or to perform other activities. (2) Deprivation of the right to exercise a certain activity can be limited to a certain territory or to a certain period of the year and is established for a term of up to 5 years or for an unlimited term.
(Article 73, Criminal Code) |
| In the event of a breach of Regulations (EU) 2024/1624 and (EU) 2023/1113, where obligations apply to legal persons, pecuniary sanctions can be imposed and administrative measures can be applied not only to the legal person, but also to the senior management and to other natural persons who under national law are responsible for the breach. |
Yes. (1) Violation of the provisions of this law shall entail, as the case may be, disciplinary, pecuniary, criminal or other types of liability in accordance with the legislation in force.
(2) In case of non-compliance with the provisions of this law and the acts subordinated to this law, the following types of sanctions shall be applied to the reporting entities provided for in Article 4, paragraph (1):
a) public statement in the mass media, identifying the natural or legal person
and the nature of the violation;
b) prescription requiring the natural or legal person to cease the respective behavior and refrain from repeating it;
c) withdrawal or suspension of the authorization, activity license, if
the activity of the reporting entity constitutes the object of authorization or licensing;
d) temporary prohibition to exercise management functions in reporting entities
by any person with senior management functions in a reporting entity
or by any other natural person, declared responsible for the violation;
e) pecuniary sanctions in the form of a fine:
– in the amount of double the value of the benefit resulting from the violation of the obligations
provided for by this law, if the respective benefit can be established, or in the amount of the equivalent in lei of the amount of up to 1,000,000 euros, calculated according to
the official exchange rate of the Moldovan leu on the date of the violation;
– in the amount of up to the equivalent in lei of the amount of 5,000,000 euros, calculated at
the official exchange rate of the Moldovan leu on the date of the violation, or 10% of the turnover
for the previous year – for reporting entities from art. 4 para. (1) lit. a), c)–g), i), p) and
q).
(Article 35, Law no. 308/2017) |
| Pecuniary sanctions shall be imposed on obliged entities for serious, repeated or systematic breaches, whether committed intentionally or negligently, of the requirements laid down in the following provisions of Regulation (EU) 2024/1624: Chapter II (Internal policies, procedures and controls of obliged entities); Chapter III (Customer due diligence); Chapter V (Reporting obligations); Article 77 (Record retention). |
Yes. (1) Violation of the provisions of this law shall entail, as the case may be, disciplinary, pecuniary, criminal or other types of liability in accordance with the legislation in force.
(2) In case of non-compliance with the provisions of this law and the acts subordinated to this law, the following types of sanctions shall be applied to the reporting entities provided for in Article 4, paragraph (1):
a) public statement in the mass media, identifying the natural or legal person
and the nature of the violation;
b) prescription requiring the natural or legal person to cease the respective behavior and refrain from repeating it;
c) withdrawal or suspension of the authorization, activity license, if
the activity of the reporting entity constitutes the object of authorization or licensing;
d) temporary prohibition to exercise management functions in reporting entities
by any person with senior management functions in a reporting entity
or by any other natural person, declared responsible for the violation;
e) pecuniary sanctions in the form of a fine:
– in the amount of double the value of the benefit resulting from the violation of the obligations
provided for by this law, if the respective benefit can be established, or in the amount of the equivalent in lei of the amount of up to 1,000,000 euros, calculated according to
the official exchange rate of the Moldovan leu on the date of the violation;
– in the amount of up to the equivalent in lei of the amount of 5,000,000 euros, calculated at
the official exchange rate of the Moldovan leu on the date of the violation, or 10% of the turnover
for the previous year – for reporting entities from art. 4 para. (1) lit. a), c)–g), i), p) and
q).
(Article 35, Law no. 308/2017) |
| Supervisors are able to apply administrative measures to an obliged entity, where they identify: breaches of Regulation (EU) 2024/1624 or Regulation (EU) 2023/1113, either in combination with pecuniary sanctions for serious, repeated and systematic breaches, or on their own; weaknesses in the internal policies, procedures and controls of the obliged entity that are likely to result in breaches of the requirements; that the obliged entity has internal policies, procedures and controls that are not commensurate with the risks of money laundering, its predicate offences or terrorist financing to which the entity is exposed. |
Yes. (5) If the reporting entities do not comply with the obligations provided for by this Law, the Service and the bodies with supervisory functions over the reporting entities may apply measures and sanctions established by the legislation. The application of the mentioned sanctions does not exclude the possibility of implementing, in accordance with the legislation in force, other measures for the purpose of preventing and combating money laundering and terrorist financing.
(Article 15 (5), Law no.308/2017) |
| Where obliged entities fail to comply with administrative measures applied by the supervisor within the applicable deadlines, supervisors are able to impose periodic penalty payments in order to compel compliance with those administrative measures. |
No. Absent from legal framework
(Absent from legal framework) |
| Supervisors are required to publish on their website, in an accessible format, decisions imposing pecuniary sanctions, applying administrative measures or imposing periodic penalty payments. |
No. Absent from legal framework
(Absent from legal framework) |
Beneficial ownership of legal persons and legal arrangements |
| Beneficial ownership information must be held in a central register in the Member State where the legal entity is created or where the trustee of an express trust or person holding an equivalent position in a similar legal arrangement is established or resides, or from where the legal arrangement is administered. |
Yes. The state registration body verifies, registers, keeps records and updates data on the beneficial owners of legal entities, individual entrepreneurs, except for public institutions/authorities, state and municipal enterprises, commercial companies with full or majority state capital, upon registration of their establishment, upon registration of changes in the data entered on the beneficial owners in the State Register of Legal Entities, upon state registration of persons subject to reorganization and upon their removal from the State Register.
(Article 14 (1), Law no. 308/2017) |
| Member States shall ensure that the entities in charge of the central registers are empowered to request from legal entities, trustees of any express trust and persons holding an equivalent position in a similar legal arrangement, and their legal and beneficial owners, any information necessary to identify and verify their beneficial owners, including resolutions of the board of directors and minutes of their meetings, partnership agreements, trust deeds, power of attorney or other contractual agreements and documentation. |
Yes. (2) Legal entities, individual entrepreneurs, trustees or persons holding equivalent positions within similar legal structures are obliged to obtain and hold adequate, correct and up-to-date information regarding their beneficial owner, including details regarding the interests generating benefits for him, to submit to the state registration body and, respectively, to the State Tax Service, in the part related to trusts and similar legal structures, information regarding the beneficial owner within 30 days from the occurrence of a change in his data.”
(Article 14 (2), Law no. 308/2017) |
| Where no person is identified as the beneficial owner, the central register shall include:
(a) a statement that there is no beneficial owner or that the beneficial owners could not be determined, accompanied by a corresponding justification
(b) the details of all natural persons who hold the position of senior managing officials in the legal entity equivalent to the following information: all names and surnames, place and full date of birth, residential address, country of residence and nationality or nationalities of the beneficial owner, number of identity document, such as passport or national identity document, and, where it exists, unique personal identification number assigned to the person by his or her country of usual residence, and general description of the source of such number |
Yes. (2) The notion of beneficial owner includes at least:
1) in the case of legal entities with a profit-making (commercial) purpose:
(...)
b) the natural person who holds the position of administrator of the client, if,
after exhausting all possible means and provided that there are no grounds for suspicion,
no person is identified as beneficial owner. Reporting entities shall keep
records of the measures taken to identify beneficial owners for each client
individually and shall submit them, upon request, to the Service and/or bodies with supervisory functions of
the reporting entities;
(Article 5^2, Law. no. 308/2017) |
| Entities in charge of the central registers are required to verify, within a reasonable time upon submission of the beneficial ownership information, and on a regular basis thereafter, that such information is adequate, accurate and up to date. |
Yes. The state registration body verifies, registers, keeps records and updates data on the beneficial owners of legal entities, individual entrepreneurs, except for public institutions/authorities, state and municipal enterprises, commercial companies with full or majority state capital, upon registration of their establishment, upon registration of changes in the data entered on the beneficial owners in the State Register of Legal Entities, upon state registration of persons subject to reorganization and upon their removal from the State Register.
(Article 14 (1), Law no. 308/2017) |
| Competent authorities, if appropriate and to the extent that such requirement does not interfere unnecessarily with their functions, are required to report to the entities in charge of the central registers any discrepancies they find between information available in the central registers and the information available to them. |
Yes. If, in the course of applying customer due diligence measures, the reporting entities find a discrepancy between the information on the beneficial owner available in the State Register of Legal Entities and the Register of Trusts and Similar Legal Structures and the information on the beneficial owner submitted by the customer, they shall inform the State Tax Service and the Public Services Agency within 5 working days. In this case, the reporting entities are obliged not to carry out any activity or transaction, including through a payment account, not to establish any business relationship or to terminate an existing business relationship and to immediately request the customer to update the data on the beneficial owner with the state registration body and the State Tax Service.
(Article 5^2 (3), Law no. 308/2017) |
| The information contained in the central registers must include any change to the beneficial ownership of legal entities and legal arrangements and to nominee arrangements, following their first recording in the central register. |
Yes. The state registration body verifies, registers, keeps records and updates data on the beneficial owners of legal entities, individual entrepreneurs, except for public institutions/authorities, state and municipal enterprises, commercial companies with full or majority state capital, upon registration of their establishment, upon registration of changes in the data entered on the beneficial owners in the State Register of Legal Entities, upon state registration of persons subject to reorganization and upon their removal from the State Register.
(Article 14 (1), Law no. 308/2017) |
| The entity in charge of the central register is empowered, whether directly or by application to another authority, including judicial authorities, to carry out checks, including on-site inspections at the business premises or registered office of legal entities, in order to establish the current beneficial ownership of the entity and to verify that the information submitted to the central register is accurate, adequate and up-to-date. |
No. Absent from legal framework
(Absent from legal framework) |
| Where verification leads an entity in charge of a central register to conclude that there are inconsistencies or errors in the beneficial ownership information, the entity in charge of a central register is able to withhold or refuse to issue a valid certificate of proof of registration, or to suspend the validity of an existing certification of proof of registration. |
Yes. "5) Until the inconsistency is resolved, the Public Services Agency and the State Tax Service shall not make any registration in the State Register of Legal Entities and, respectively, in the Register of Trusts and Similar Legal Structures relating to the amendment of the constituent documents of the legal entity, individual entrepreneur, non-commercial organization and, respectively, of the trust and similar legal structure, as well as relating to the amendment of the data entered in the State Register, the reorganization or the deletion of the respective entities."
(Article 5^2 (1), Law no. 308/2017) |
| The entity in charge of the central register is empowered to, whether directly or by application to another authority, including judicial authorities, apply effective, proportionate and dissuasive measures or impose such pecuniary sanctions for failures, including of a repeated nature, to provide the central register with accurate, adequate and up-to-date information about their beneficial ownership. |
No. Absent from legal framework
(Absent from legal framework) |
| Competent authorities have immediate, unfiltered, direct and free access to the information held in the interconnected central registers without alerting the legal entity or legal arrangement concerned. These competent authorities include: self-regulatory bodies in the performance of supervisory functions of AML rules; tax authorities; national authorities with designated responsibilities for the implementation of Union restrictive measures; AMLA for the purposes of joint analyses; EPPO; OLAF; Europol and Eurojust when providing operational support to the competent authorities of Member States. |
Yes. (6) The state registration body ensures prompt and unlimited access to the data held, according to the established procedures, for the Service, the bodies with supervisory functions of the reporting entities and the reporting entities provided for in Article 4, without alerting the accessed reporting entity.
(Article 14 (6), Law no. 308/2017) |
| Beneficial ownership information held in central registers may be made available to obliged entities upon payment of a fee, which shall be limited to what is strictly necessary to cover the costs of ensuring the quality of the information held in the central registers and of making the information available. Those fees shall be established in such a way as not to undermine effective access to the information held in the central registers. |
Yes. (5) The data accumulated by the state registration body, including those regarding beneficial owners, shall be provided, upon request, to the Service, bodies with supervisory functions over reporting entities and reporting entities provided for in Article 4 only for the purpose of enforcing this law.
(Article 14 (5), Law no. 308/2017) |
| Any natural or legal person that can demonstrate a legitimate interest in the prevention and combating of money laundering, its predicate offences and terrorist financing has access to the following information on beneficial owners of legal entities and legal arrangements held in the interconnected central registers, without alerting the legal entity or legal arrangement concerned:
the name of the beneficial owner; the month and year of birth of the beneficial owner; the country of residence and nationality or nationalities of the beneficial owner; for beneficial owners of legal entities, the nature and extent of the beneficial interest held; for beneficial owners of express trusts or similar legal arrangements, the nature of the beneficial interest. |
Yes. (22) Access to the information in the registers provided for in paragraphs (1), (20) and (21) is
ensured, in compliance with the legal provisions on the protection of personal data:
a) The Service, bodies with supervisory functions over reporting entities and
law enforcement bodies;
b) reporting entities, when applying customer due diligence measures;
c) any natural or legal person demonstrating a legitimate interest;
d) any natural or legal person submitting a written request in relation to
a trust or similar legal arrangement, which holds a participation, which ensures
control in any corporate entity or other legal entity, other than those referred to
in art. 52
paragraph (2) points 1), 3) and 4), directly or indirectly, including through bearer shares
or through control exercised by other means.
(Article 14 (2), Law no. 308/2017) |
| The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: persons acting for the purpose of journalism, reporting or any other form of expression in the media, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; |
No. Absent from legal framework
(Absent from legal framework) |
| The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: civil society organisations, including non-governmental organisations and academia, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; |
No. Absent from legal framework
(Absent from legal framework) |
| The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: natural or legal persons likely to enter into a transaction with a legal entity or legal arrangement and who wish to prevent any link between such a transaction and money laundering, its predicate offences or terrorist financing; |
No. Absent from legal framework
(Absent from legal framework) |
| The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: Member States’ public authorities in the context of public procurement procedures, in respect of the tenderers and operators being awarded the contract under the public procurement procedure; |
No. Absent from legal framework
(Absent from legal framework) |
| Member States shall ensure that the information provided by central registers does not lead to the identification of any person consulting the register where such persons are: persons acting for the purpose of journalism, reporting or any other form of expression in the media, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; |
No. Absent from legal framework
(Absent from legal framework) |
| Member States shall ensure that the information provided by central registers does not lead to the identification of any person consulting the register where such persons are: civil society organisations that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing. |
No. Absent from legal framework
(Absent from legal framework) |
| Where entities in charge of central registers decide to grant access to beneficial ownership information, they shall issue a certificate granting access for 3 years. Entities in charge of central registers shall respond to any subsequent request to access beneficial ownership information by the same person within 7 working days. |
No. Absent from legal framework
(Absent from legal framework) |
| Member States shall ensure that entities in charge of central registers shall only refuse a request to access beneficial ownership information on one of the following grounds: the applicant has not provided the necessary information or documents pursuant to paragraph 1; a legitimate interest to access beneficial ownership information has not been demonstrated; where on the basis of information in its possession, the entity in charge of the central register has a reasonable concern that the information will not be used for the purposes for which it was requested or that the information will be used for purposes that are not connected to the prevention of money laundering, its predicate offences or terrorist financing; one or more of the situations referred to in Article 15 applies; the legitimate interest to access beneficial ownership information granted by the central register of another Member State does not extend to the purposes for which the information is sought; where the applicant is in a third country and responding to the request to access information would not comply with the provisions of Chapter V of Regulation (EU) 2016/679. |
No. Absent from legal framework
(Absent from legal framework) |
| In exceptional circumstances to be laid down in national law, where the access to beneficial ownership information would expose the beneficial owner to disproportionate risk of fraud, kidnapping, blackmail, extortion, harassment, violence or intimidation, or where the beneficial owner is a minor or otherwise legally incapable, Member States shall provide for an exemption from such access to all or part of the personal information on the beneficial owner. Member States shall ensure that such exemptions are granted on a case-by-case basis upon a detailed evaluation of the exceptional nature of the circumstances and confirmation that those disproportionate risks exist. The right to an administrative review of the decision granting an exemption and the right to an effective judicial remedy shall be guaranteed. |
No. Absent from legal framework
(Absent from legal framework) |
| Each Member State shall ensure that all obliged entities established in its territory are subject to adequate and effective supervision. To that end, each Member State shall appoint one or more supervisors to monitor effectively, and to take the measures necessary to ensure compliance by the obliged entities with Regulations (EU) 2024/1624 and (EU) 2023/1113. |
Yes. Article 15. Bodies with supervisory functions
of reporting entities
1) Bodies with supervisory functions of reporting entities are:
a) National Bank of Moldova – for reporting entities provided for in art. 4 para.
(1) letters a), b), e), g) and i);
b) National Financial Market Commission – for reporting entities provided for in art. 4 para. (1) letters c), d), f) and p);
c) Notarial Chamber – for notaries provided for in art. 4 para. (1) letter j);
d) Union of Lawyers of the Republic of Moldova – for lawyers provided for in art. 4 para.
(1) letter j);
e) Union of Authorized Administrators – for authorized administrators provided for in art. 4 para. (1) letter j);
f) National Union of Bailiffs – for bailiffs
provided for in art. 4 para. (1) letter j);
f
1
) Mediation Council – for mediators provided for in art. 4 para. (1) letter j);
[Art.15 para. (1), letter f1
) introduced by LP268 of 28.11.24, MO498-500/29.11.24 art.680;
in force 29.11.24]
g) Public Audit Oversight Council – for audit entities provided for in art. 4 para. (1) letter l);
h) Service – for reporting entities provided for in art. 4 para. (1) letters h), k), m), n),
o) and q)
(Article 15, Law no. 308/2017) |
| Each Member State shall establish an FIU in order to prevent, detect and effectively combat money laundering and terrorist financing. |
Yes. (3) The financial intelligence unit of the Republic of Moldova is the Service for the Prevention and Combating of Money Laundering, hereinafter referred to as the Service.
(Article 2 (3), Law no. 308/2017) |
| The FIU as the central national unit shall be responsible for receiving and analysing suspicious transaction reports and other information relevant to money laundering, associated predicate offences or terrorist financing. |
Yes. (1) For the purpose of implementing the provisions of this law, the Service shall have the following
attributions:
(...)
a) receive, record, analyze, process and transmit to the competent bodies
information regarding activities and transactions suspected of money laundering, predicate crimes and terrorist financing, submitted by reporting entities, as well as other
relevant information obtained pursuant to the provisions of this law;
b) inform the competent law enforcement bodies immediately upon establishing suspicions regarding money laundering, terrorist financing or other crimes, as well as the Intelligence and Security Service in the part related to terrorist financing;
(Article 19 (1) a) b), Law no. 308/2017) |
| The FIU shall be operationally independent and autonomous, which means that the FIU shall have the authority and capacity to carry out its functions freely, including the ability to take autonomous decisions to analyse, request and disseminate specific information. It shall be free from any undue political, government or industry influence or interference. |
Yes. (1) The Service is an independent public authority in relation to other legal and natural persons, regardless of the type of ownership and legal form of organization, and functions as an autonomous and independent central specialized body.
(Article 16 (1), Law no. 308/2017) |
| The FIU, regardless of their organisational status, is authorised to have access to the information that they require to fulfil their tasks, including financial, administrative and law enforcement information. |
Yes. 2) to request and receive within the term indicated in the request:
a) necessary information and documents, available to the reporting entities, their clients, the competent public authorities and institutions and the public administration authorities,
in order to determine the suspicious nature of the activities or transactions;
b) information held by the reporting entities regarding the monitoring of complex and unusual activities and transactions, the application of precautionary measures
regarding clients, beneficial owners and business relationships;
c) information from natural and legal persons, resident and non-resident, regarding
the activities and transactions carried out or in preparation;
d) - repealed;
e) documents related to precautionary measures regarding clients, programs and
internal control;
f) relevant information from the competent authorities and institutions regarding
the result of the examination of the notifications submitted in accordance with the provisions of this law.
(Article 20 (2), Law no. 308/2017) |
| FIUs are empowered to take urgent action, directly or indirectly, where there is a suspicion that a transaction is related to money laundering or terrorist financing, to suspend or withhold consent to that transaction. |
Yes. 1) to request reporting entities, as well as, where appropriate, other competent authorities and public institutions:
a) to apply precautionary measures depending on the risk associated with certain clients,
products, services, jurisdictions and business relationships;
b) to apply precautionary measures;
(...)
3) to request competent bodies to carry out checks in order to establish
the economic sense of the operations, the nature of the business relationships, the source of the assets, the
beneficial owner, as well as compliance with the tax regime within the limits of their competence;
4) - repealed;
5) to maintain access to the necessary information resources and to manage its official
web page, where it places the relevant information regarding the activity it carries out;
(Article 20 (1), (3), (4), Law no. 308/2017) |
Mutual legal assistance (MLA) and International Cooperation |
| Member States shall ensure that the FIU to whom the request is made is legally required to use the whole range of its available powers which it would normally use domestically for receiving and analysing information when it replies to a request for information from another FIU. |
Yes. Articolul 17. Cooperarea națională și internațională
(1) Serviciul poate face schimb de informații, din proprie inițiativă sau la cerere, în
baza reciprocității, prin canale protejate de comunicare și cu promptitudine, cu instituții
similare sau cu alte autorități competente din alte țări (jurisdicții), care au obligația
păstrării secretului în condiții similare, dacă asemenea solicitări sunt făcute în scopul
prevenirii și combaterii spălării banilor și a finanțării terorismului, inclusiv în ceea ce
privește recuperarea produselor acestor infracțiuni.
[Art.17 al.(1) modificat prin LP268 din 28.11.24, MO498-500/29.11.24 art.680; în
vigoare 29.11.24]
(2) Informațiile primite de Serviciu de la o instituție similară prevăzută la alin. (1) pot
fi transmise doar organelor de drept și autorităților competente, numai cu autorizația
prealabilă a unității de informații financiare care a furnizat informațiile, și pot fi utilizate
numai în scopul pentru care au fost solicitate.
(3) Serviciul desemnează cel puțin o persoană de contact, responsabilă pentru
primirea solicitărilor de informații din partea unităților de informații financiare din alte țări
(jurisdicții).
(4) Serviciul, la cererea organelor de drept sau a autorităților competente la nivel
național, motivată de suspiciuni de spălare a banilor, infracțiuni predicat sau de finanțare a
terorismului, va disemina informațiile deținute către acestea. Cererea de informații
cuprinde, în mod obligatoriu, cel puțin următoarele elemente: faptele relevante, contextul,
motivele cererii și modul în care se vor utiliza informațiile furnizate.
(5) Decizia privind transmiterea informațiilor prevăzute la alin. (4) aparține
Serviciului, iar în cazul netransmiterii, acesta motivează organelor de drept și autorităților
competente solicitante refuzul schimbului de informații.
(6) La examinarea și prelucrarea informației și documentelor recepționate de către
Serviciul în cadrul cooperării internaționale se aplică regimul juridic de examinare și
prelucrare prevăzut pentru informațiile obţinute în temeiul prezentei legi.
(7) Pentru toate informațiile primite de la Serviciu în cadrul cooperării naționale și
internaționale, organele cu funcții de supraveghere a entităților raportoare și organele de
drept prezintă Serviciului, în termene rezonabile, informații detaliate cu privire la rezultatul
examinării acestora. Lipsa informației detaliate cu privire la rezultatul examinării
informațiilor furnizate anterior poate constitui temei pentru suspendarea schimbului de
informații în cadrul cooperării naționale și internaționale.
(8) În cazul în care există motive de fapt pentru a presupune că furnizarea informației
ar avea un impact negativ asupra investigațiilor penale sau analizelor în curs de desfășurare
ori, în circumstanțe excepționale, în cazul în care divulgarea informațiilor ar fi în mod clar
disproporțională față de interesele legitime ale unei persoane fizice sau juridice ori ar fi
irelevantă în ceea ce privește scopurile pentru care a fost solicitată, Serviciul nu dă curs
cererilor de informații prevăzute la alin. (1).
(9) – abrogat.
(10) – abrogat.
(11) – abrogat.
(12) Entitățile raportoare, organele cu funcții de supraveghere a entităților
raportoare, organele de drept și alte autorități publice oferă asistență și suport
informațional necesar Serviciului în procesul cooperării cu organizațiile internaționale de
profil.
(Article 17, Law no. 208/2017) |
| Member States shall ensure that FIUs are legally required to exchange, spontaneously or upon request, any information that may be relevant for the processing or analysis of information by the FIU related to money laundering, its predicate offences, or terrorist financing, and the natural or legal person involved, regardless of the type of predicate offences that may be involved, and even if the type of predicate offences that may be involved is not identified at the time of the exchange. |
Yes. Articolul 17. Cooperarea națională și internațională
(1) Serviciul poate face schimb de informații, din proprie inițiativă sau la cerere, în
baza reciprocității, prin canale protejate de comunicare și cu promptitudine, cu instituții
similare sau cu alte autorități competente din alte țări (jurisdicții), care au obligația
păstrării secretului în condiții similare, dacă asemenea solicitări sunt făcute în scopul
prevenirii și combaterii spălării banilor și a finanțării terorismului, inclusiv în ceea ce
privește recuperarea produselor acestor infracțiuni.
[Art.17 al.(1) modificat prin LP268 din 28.11.24, MO498-500/29.11.24 art.680; în
vigoare 29.11.24]
(2) Informațiile primite de Serviciu de la o instituție similară prevăzută la alin. (1) pot
fi transmise doar organelor de drept și autorităților competente, numai cu autorizația
prealabilă a unității de informații financiare care a furnizat informațiile, și pot fi utilizate
numai în scopul pentru care au fost solicitate.
(3) Serviciul desemnează cel puțin o persoană de contact, responsabilă pentru
primirea solicitărilor de informații din partea unităților de informații financiare din alte țări
(jurisdicții).
(4) Serviciul, la cererea organelor de drept sau a autorităților competente la nivel
național, motivată de suspiciuni de spălare a banilor, infracțiuni predicat sau de finanțare a
terorismului, va disemina informațiile deținute către acestea. Cererea de informații
cuprinde, în mod obligatoriu, cel puțin următoarele elemente: faptele relevante, contextul,
motivele cererii și modul în care se vor utiliza informațiile furnizate.
(5) Decizia privind transmiterea informațiilor prevăzute la alin. (4) aparține
Serviciului, iar în cazul netransmiterii, acesta motivează organelor de drept și autorităților
competente solicitante refuzul schimbului de informații.
(6) La examinarea și prelucrarea informației și documentelor recepționate de către
Serviciul în cadrul cooperării internaționale se aplică regimul juridic de examinare și
prelucrare prevăzut pentru informațiile obţinute în temeiul prezentei legi.
(7) Pentru toate informațiile primite de la Serviciu în cadrul cooperării naționale și
internaționale, organele cu funcții de supraveghere a entităților raportoare și organele de
drept prezintă Serviciului, în termene rezonabile, informații detaliate cu privire la rezultatul
examinării acestora. Lipsa informației detaliate cu privire la rezultatul examinării
informațiilor furnizate anterior poate constitui temei pentru suspendarea schimbului de
informații în cadrul cooperării naționale și internaționale.
(8) În cazul în care există motive de fapt pentru a presupune că furnizarea informației
ar avea un impact negativ asupra investigațiilor penale sau analizelor în curs de desfășurare
ori, în circumstanțe excepționale, în cazul în care divulgarea informațiilor ar fi în mod clar
disproporțională față de interesele legitime ale unei persoane fizice sau juridice ori ar fi
irelevantă în ceea ce privește scopurile pentru care a fost solicitată, Serviciul nu dă curs
cererilor de informații prevăzute la alin. (1).
(9) – abrogat.
(10) – abrogat.
(11) – abrogat.
(12) Entitățile raportoare, organele cu funcții de supraveghere a entităților
raportoare, organele de drept și alte autorități publice oferă asistență și suport
informațional necesar Serviciului în procesul cooperării cu organizațiile internaționale de
profil.
(Article 17, Law no. 208/2017) |