Regulation on Reporting Suspicious Transactions, Assets and Persons to the Office for the Prevention of Money Laundering

Croatian Financial Services Supervisory Agency, 10000 Zagreb, Franje Račkoga 6, P.O. Box 164, Croatia t: 01 6173 200, f: 01 4811 507, e: info@hanfa.hr, OIB: 49376181407, MB: 02016419, w: www.hanfa.hr

REGULATION ON REPORTING TO THE OFFICE FOR THE PREVENTION OF MONEY LAUNDERING ABOUT SUSPICIOUS TRANSACTIONS, ASSETS AND PERSONS (Official Gazette, No. 1/19 and 11/23 – unofficial consolidated text)

I. INTRODUCTORY PROVISIONS Article 1. This Regulation prescribes the manner and scope of submitting data on suspicious transactions, assets and persons (hereinafter in the text: suspicious transaction) and additional data that the obligated entities referred to in Article 9 of the Act (hereinafter in the text: Obligated Entity) and the central contact point referred to in Article 65 of the Act (hereinafter in the text: Central Contact Point) are obliged to submit to the Ministry of Finance, the Office for the Prevention of Money Laundering (hereinafter in the text: Office).

II. SUBMISSION OF DATA ON SUSPICIOUS TRANSACTIONS, ASSETS AND PERSONS Article 2. (1) The Obligated Entity is obliged to submit the suspicious transaction to the Office on the Form for Reporting to the Office for the Prevention of Money Laundering about Suspicious Transactions, Assets and Persons (Form UZSPN-O-59, hereinafter in the text: Form), which together with the attachment to the Form and the Instructions for filling out the Form for Reporting to the Office for the Prevention of Money Laundering about Suspicious Transactions, Assets and Persons (hereinafter in the text: Instructions) constitutes an integral part of this Regulation. (2) The Obligated Entity shall enter the following data into the Form:

1. from Article 20, paragraph 1, items 1., 2., 3., 4., 5., 6., 7., 8., 9., 10., 11., 12. and 13. of the Act
2. whether the party for whom the transaction is performed is a politically exposed person, in the case where the party for whom the transaction is performed has an established business relationship with the Obligated Entity
3. whether the recipient of the transaction is a politically exposed person, in the case where the recipient of the transaction has an established business relationship with the Obligated Entity
4. whether the beneficial owner of the party for whom the transaction is performed is a politically exposed person, in the case where the party for whom the transaction is performed has an established business relationship with the Obligated Entity
5. whether the beneficial owner of the recipient of the transaction is a politically exposed person, in the case where the recipient of the transaction has an established business relationship with the Obligated Entity. (3) In addition to the data from paragraph 2 of this Article, the Obligated Entity shall also enter data on:
6. the number of the transaction account, the date of opening the transaction account, the name of the bank at which the account of the party for whom the transaction is performed is opened and the data on the country of the bank's seat
7. the number of the transaction account, the date of opening the transaction account, the name of the bank at which the account of the recipient of the transaction is opened and the data on the country of the bank's seat
8. the place of establishment of the business relationship
9. the date of rejection of the business relationship or the date of rejection of performing the transaction
10. the status of the transaction accounts of the person for whom the suspicious transaction is submitted
11. the personal identification number (OIB) of the beneficial owner of the party, if this data is available to the Obligated Entity
12. the identification number of the beneficial owner of the party, if this data is available to the Obligated Entity. (4) The Obligated Entity is obliged to fill out the Form in the manner prescribed by the Instructions. (5) In cases where the data in the Form are not filled out in the manner prescribed by the Instructions or are not legible (illegible handwriting, illegible letters), the Obligated Entity is obliged to submit a correctly filled out Form in the manner and within the time limit determined by the Office.

III. METHOD OF SUBMISSION OF DATA Article 3. The Obligated Entity is obliged to submit data on the suspicious transaction to the Office on Form UZSPN-O-59 from Article 2, paragraph 1 of this Regulation, in one of the following ways:

1. by electronic data transmission (electronic Form) or
2. in physical form (printed Form), by mail or telefax.

Electronic Data Transmission Article 4. (1) The Obligated Entity from Article 9, paragraph 2, items 1., 3., 4. and the Central Contact Point are obliged to submit the suspicious transaction to the Office by electronic data transmission using the Office's application system. (2) The rights and obligations arising from the use of the Office's application system are regulated by a contract between the Ministry of Finance and the Obligated Entity and the Central Contact Point. (3) Exceptionally from the provision of paragraph 1 of this Article, other Obligated Entities may also submit the suspicious transaction to the Office by electronic data transmission using the Office's application system.

Article 5. (1) The Obligated Entity submitting the suspicious transaction by electronic data transmission, using the Office's application system, is obliged to submit data in the manner and in accordance with the Technical Instructions for using the Office's application system. (2) It is considered that the Obligated Entity has submitted the suspicious transaction at the moment when the electronic Form is recorded on the server for receiving data. (3) In justified cases of technical impossibility of submitting data (e.g., system failure) in the manner described in Article 4 of this Regulation, the Obligated Entity is obliged to immediately notify the Office and, according to the Office's instructions, ensure the submission of data in physical form (printed Form), by mail or telefax. (4) At the moment when the reasons for technical impossibility of submitting the suspicious transaction cease, the Obligated Entity is obliged to submit the suspicious transaction submitted in the manner from paragraph 3 of this Article by electronic data transmission using the Office's application system no later than within 3 days from the day the circumstances causing such technical impossibility ceased.

IV. TRANSITIONAL AND FINAL PROVISIONS Article 6. With the entry into force of this Regulation, the Regulation on Informing the Office for the Prevention of Money Laundering about Suspicious Transactions and Persons ("Official Gazette" No. 1/09), the Regulation on the manner and time limits for informing the Office for the Prevention of Money Laundering about Suspicious Transactions and Persons and the keeping of records by lawyers, law firms, notaries public, audit firms and independent auditors and legal and natural persons who perform accounting and tax advisory services ("Official Gazette" No. 01/09) and the Regulation on Amendments to the Regulation on the manner and time limits for informing the Office for the Prevention of Money Laundering about Suspicious Transactions and Persons and the keeping of records by lawyers, law firms, notaries public, audit firms and independent auditors and legal and natural persons who perform accounting and tax advisory services ("Official Gazette" No. 153/13) cease to be valid.

Article 7. This Regulation enters into force on the first day from the day of publication in the "Official Gazette".

FINAL PROVISION Regulation on Amendments to the Regulation on Reporting to the Office for the Prevention of Money Laundering about Suspicious Transactions, Assets and Persons (Official Gazette, No. 11/23), entered into force on January 31, 2023. Article 2. This Regulation enters into force on the first day from the day of publication in the "Official Gazette".

INSTRUCTIONS ON THE METHOD OF FILLING OUT THE FORM FOR REPORTING TO THE OFFICE FOR THE PREVENTION OF MONEY LAUNDERING ABOUT SUSPICIOUS TRANSACTIONS, ASSETS AND PERSONS

These Instructions prescribe the manner in which obligated entities applying measures, actions and procedures for the prevention and detection of money laundering and terrorist financing (hereinafter in the text: Obligated Entity) fill out the Form for Reporting to the Office for the Prevention of Money Laundering about Suspicious Transactions, Assets and Persons (hereinafter in the text: Form) which, in accordance with the provisions of Articles 56 and 59 of the Act on the Prevention of Money Laundering and Terrorist Financing (hereinafter in the text: Act), they submit to the Office for the Prevention of Money Laundering (hereinafter in the text: Office). An integral part of the Form is the attachment to the Form for Reporting to the Office for the Prevention of Money Laundering about Suspicious Transactions, Assets and Persons with Instructions.

The Form attachment is marked in the upper right corner with the level of confidentiality "LIMITED" with the note "AFTER FILLING OUT" in accordance with the Article of the Act.

The Form contains 66 fields into which the Obligated Entity enters data or in front of which fields the Obligated Entity marks the offered options in a square in front of the text. We note that depending on the type and nature of the transaction; type of transaction participant; fact whether the participant in the transaction has an established business relationship with the Obligated Entity or does not have an established business relationship with the Obligated Entity; whether the Obligated Entity is reporting a suspicious transaction or suspicious assets; whether the Obligated Entity is informing the Office due to rejection or termination of a business relationship; not all fields in the Form are mandatory, but it is necessary to enter the data that the Obligated Entity is obliged to collect in accordance with the provisions of the Act and subordinate acts.

If data are submitted on a printed form using a registered mail, telefax or via a courier, they must be filled out legibly, in block letters and without subsequent correction.

In Chapter A of the Form "DATA ON TRANSACTION AND ASSETS" (fields 1 to 11), the Obligated Entity enters and marks data on whether there are grounds for suspicion of money laundering or terrorist financing in connection with the transaction, assets or person, whether the Obligated Entity is informing the Office about a suspicious transaction or suspicious assets, and data on the suspicious transaction.

1. In field 1 "There are grounds for suspicion in connection with the transaction or person", the Obligated Entity marks whether there are grounds for suspicion of money laundering or terrorist financing in connection with the transaction, assets or person, by entering the mark X in the field in front of the text.
2. In field 2 "The Obligated Entity informs the Office for the Prevention of Money Laundering about", the Obligated Entity marks whether the Office is being informed about a suspicious transaction or suspicious assets, by entering the mark X in the field in front of the text. If the Obligated Entity is informing the Office about suspicious assets, the Obligated Entity enters data into the following fields of the Form when filling out the Form: 9, 10, 11, 21 to 37, 56 to 66.
3. In field 3 "Transaction is reported", the Obligated Entity marks whether it is informing the Office about the transaction before or after execution, by entering the mark X in the field in front of the text.
4. In field 4 "Transaction", the Obligated Entity marks whether the transaction was performed or not, by entering the mark X in the field in front of the text.
5. In field 5 "Transaction is", the Obligated Entity marks whether the transaction is cash or non-cash, by entering the mark X in the field in front of the text. A cash transaction is any transaction in which the obligated entity physically receives cash from the party or physically hands over cash to the party for possession and disposal.
6. In field 6 "Method of conducting the transaction", the Obligated Entity marks the method of conducting the transaction, by entering the mark X in the field in front of the text.
7. In field 7 "Date and time of conducting the transaction", the Obligated Entity enters the day, month and year, and hour and minute of conducting the transaction in numerical marks.
8. In field 8 "Purpose (destination) of the transaction", the Obligated Entity marks the purpose or destination of the transaction, by entering the mark X in the field in front of the text. In the field "Explanation", the Obligated Entity can also enter an explanation of the marked purpose (destination) of the transaction, or specify the purpose (destination) of the transaction that is not offered in the text.
9. In field 9 "Currency Mark", the Obligated Entity enters the three-letter country code according to the international standard ISO 4217.
10. In field 10 "Amount in currency", the Obligated Entity enters the amount of the transaction in the currency in which the transaction is conducted.
11. In field 11 "Value in euros", the Obligated Entity enters the value of the transaction in euros.

In Chapter B of the Form "ORDERER OF THE TRANSACTION – NATURAL PERSON WHO REQUESTS OR PERFORMS THE TRANSACTION" (fields 12 to 19), the Obligated Entity enters and marks data on the natural person who requests or performs the transaction with the obligated entity. If the Obligated Entity is informing the Office about a suspicious transaction where a natural person does not request or perform the transaction with the obligated entity (e.g., Remittance from abroad), the Obligated Entity does not enter data into the fields located in Chapter B of the Form.

1. In field 12 "Transaction is performed by", the Obligated Entity marks whether the transaction is performed or requested by one person or two or more persons, by entering the mark X in the field in front of the text. If the transaction is performed by two or more persons, the first person is entered into the Form, and the other persons are entered in the attachment to the Form.
2. In field 13 "Surname" and "Name", the surname and name of the natural person who requests or performs the transaction are entered.
3. In field 14 "Personal Identification Number (OIB)", the Obligated Entity enters the personal identification number determined by the law regulating the personal identification number for the natural person who requests or performs the transaction.
4. In field 15 "Identification Number", the Obligated Entity enters the identification number for the natural person who requests or performs the transaction, for whom the Obligated Entity does not possess the data on the personal identification number determined by the law regulating the personal identification number.
5. In field 16 "Residence", the Obligated Entity enters the street and house number, place and country (three-letter country code according to the international standard ISO 4217) of residence of the natural person who requests or performs the transaction.
6. In field 17 "Date of Birth", the Obligated Entity enters the day, month and year of birth of the transaction orderer in numerical marks.
7. In field 18 "Identification Document", the Obligated Entity marks the type of identification document (official personal document with a photograph issued by the competent domestic or foreign state body), by entering the mark X in the field in front of the text. The Obligated Entity enters the following data: document number, issuing authority, country (three-letter country code according to the international standard ISO 4217) of the issuing authority.
8. In field 19 "Orderer performs transaction", the Obligated Entity marks for whom the orderer performs the transaction, by entering the mark X in the field in front of the text.

In Chapter C of the Form "PARTY FOR WHOM THE TRANSACTION IS PERFORMED" (fields 20 to 30), the Obligated Entity enters and marks data on the party (natural or legal person for whom the transaction is performed). If the party for whom the transaction is performed does not have an established business relationship with the obligated entity, e.g., in the case of suspicious transactions whose method of execution is "Remittance from abroad" or "Domestic remittance" and the party for whom the transaction is performed does not have an established business relationship with the Obligated Entity informing the Office about the suspicious transaction, the obligated entity enters and marks data in fields 21, 23, 26 and 30 in Chapter C.

1. In field 20 "Transaction is performed in the name or for the account of", the Obligated Entity marks whether the transaction is performed in the name or for the account of one or two or more parties, by entering the mark X in the field in front of the text. If the transaction is performed for two or more parties, data for the first party are entered into the Form, and data for the other parties are entered in the attachment to the Form.
2. In field 21 "Party is", the Obligated Entity marks the type of party by entering the mark X in the field in front of the text.
3. In field 22 "Party is a politically exposed person", the Obligated Entity marks whether the party is a politically exposed person. The obligated entity marks this data only in cases where the party for whom the transaction is performed is a natural person.
4. In field 23 "Surname", "Name", "Name of the legal entity or other legal entity and another subject equal to it", the Obligated Entity enters the surname and name for the party for whom the transaction is performed who is a natural person, or the name for the legal entity and another subject equal to it.
5. In field 24 "Personal Identification Number (OIB)", the Obligated Entity enters the personal identification number determined by the law regulating the personal identification number for the party for whom the transaction is performed.
6. In field 25 "Identification Number", the Obligated Entity enters the identification number for the party for whom the transaction is performed, for whom the Obligated Entity does not possess the data on the personal identification number determined by the law regulating the personal identification number.
7. In field 26 "Residence / Seat", the Obligated Entity enters the street and house number, place and country (three-letter country code according to the international standard ISO 4217) of residence or seat of the party for whom the transaction is performed.
8. In field 27 "Citizenship", the Obligated Entity enters the citizenship of the party for whom the transaction is performed who is a natural person. The Obligated Entity enters the three-letter country code according to the international standard ISO 4217.
9. In field 28 "Date of Birth", the Obligated Entity enters the day, month and year of birth for the party for whom the transaction is performed who is a natural person in numerical marks.
10. In field 29 "Identification Document", the Obligated Entity marks for the party for whom the transaction is performed who is a natural person, the type of identification document (official personal document with a photograph issued by the competent domestic or foreign state body), by entering the mark X in the field in front of the text. The Obligated Entity enters the following data: document number, issuing authority, country (three-letter country code according to the international standard ISO 4217) of the issuing authority.
11. In field 30, the Obligated Entity enters data on the account number according to the IBAN construction if available to the Obligated Entity, the day, month and year of opening the account on which the transaction was performed if the account is opened with the Obligated Entity, the name of the bank in which the account is opened and the three-letter country code (according to the international standard ISO 4217) of the bank in which the account is opened.

In Chapter C.1 of the Form "DATA ON THE NATURAL PERSON BENEFICIAL OWNER OF THE PARTY FOR WHOM THE TRANSACTION IS PERFORMED WHO IS A LEGAL ENTITY (IF THE LEGAL ENTITY FOR WHOM THE TRANSACTION IS PERFORMED IS A PARTY WITH THE OBLIGATED ENTITY)" (fields 31 to 37), the Obligated Entity enters data on the natural person who is the beneficial owner of the party (legal entity) for whom the transaction is performed. The Obligated Entity enters data if the legal entity for whom the transaction is performed has an established business relationship with the obligated entity. If there are multiple beneficial owners, data for the first beneficial owner are entered into the Form, and data for the remaining beneficial owners are entered in the attachment to the Form for suspicious transactions.

1. In field 31 "Surname" and "Name", the Obligated Entity enters the surname and name of the natural person who is the beneficial owner of the party for whom the transaction is performed.
2. In field 32 "Residence", the Obligated Entity enters the country of residence of the natural person who is the beneficial owner of the party for whom the transaction is performed. The Obligated Entity enters the three-letter country code according to the international standard ISO 4217.
3. In field 33 "Citizenship", the Obligated Entity enters the citizenship of the natural person who is the beneficial owner of the party for whom the transaction is performed. The Obligated Entity enters the three-letter country code according to the international standard ISO 4217.
4. In field 34 "Personal Identification Number (OIB)", the Obligated Entity, if this data is available to him, enters the personal identification number, determined by the law regulating the personal identification number, for the natural person who is the beneficial owner of the party for whom the transaction is performed.
5. In field 35 "Identification Number", the Obligated Entity, if this data is available to him, enters the identification number for the natural person who is the beneficial owner of the party for whom the transaction is performed.
6. In field 36 "Date of Birth", the Obligated Entity enters the day, month and year of birth for the natural person who is the beneficial owner of the party for whom the transaction is performed in numerical marks.
7. In field 37 "Party is a politically exposed person", the Obligated Entity marks whether the natural person who is the beneficial owner of the party for whom the transaction is performed is a politically exposed person.

In Chapter D of the Form "RECIPIENT OF THE TRANSACTION – PERSON TO WHOM THE TRANSACTION IS INTENDED" (fields 38 to 48), the Obligated Entity enters and marks data on the recipient of the transaction (natural or legal person). If the recipient of the transaction does not have an established business relationship with the obligated entity, the obligated entity enters and marks data in fields 39, 41, 44, and all data in field 48 if the data from the mentioned field are available to the Obligated Entity.

1. In field 38 "Transaction is intended for", the Obligated Entity marks whether the transaction is intended for one recipient or for two or more recipients, by entering the mark X in the field in front of the text. If the transaction is intended for two or more recipients, data for the first recipient are entered into the Form, and data for the other recipients are entered in the attachment to the Form.
2. In field 39 "Recipient is", the Obligated Entity marks the type of recipient by entering the mark X in the field in front of the text.
3. In field 40 "Recipient of the transaction is a politically exposed person", the Obligated Entity marks whether the recipient of the transaction is a politically exposed person. The obligated entity marks this data only in cases where the recipient of the transaction is a natural person.
4. In field 41 "Surname", "Name", "Name of the legal entity or other legal entity and another subject equal to it", the Obligated Entity enters the surname and name for the recipient of the transaction who is a natural person, or the name for the legal entity and another subject equal to it.
5. In field 42 "Personal Identification Number (OIB)", the Obligated Entity enters the personal identification number determined by the law regulating the personal identification number for the recipient of the transaction.
6. In field 43 "Identification Number", the Obligated Entity enters the identification number for the recipient of the transaction, for whom the Obligated Entity does not possess the data on the personal identification number determined by the law regulating the personal identification number.
7. In field 44 "Residence / Seat", the Obligated Entity enters the street and house number, place and country (three-letter country code according to the international standard ISO 4217) of residence or seat of the recipient of the transaction.
8. In field 45 "Citizenship", the Obligated Entity enters the citizenship of the recipient of the transaction who is a natural person. The Obligated Entity enters the three-letter country code according to the international standard ISO 4217.
9. In field 46 "Date of Birth", the Obligated Entity enters the day, month and year of birth for the recipient of the transaction who is a natural person in numerical marks.
10. In field 47 "Identification Document", the Obligated Entity marks for the recipient of the transaction who is a natural person, the type of identification document (official personal document with a photograph issued by the competent domestic or foreign state body), by entering the mark X in the field in front of the text. The Obligated Entity enters the following data: document number, issuing authority, country (three-letter country code according to the international standard ISO 4217) of the issuing authority.
11. In field 48, the Obligated Entity enters data on the account number according to the IBAN construction if available to the Obligated Entity, the day, month and year of opening the account on which the transaction was performed if the account is opened with the Obligated Entity, the name of the bank in which the account is opened and the three-letter country code (according to the international standard ISO 4217) of the bank in which the account is opened.

In Chapter D.1 of the Form "DATA ON THE NATURAL PERSON BENEFICIAL OWNER OF THE RECIPIENT OF THE TRANSACTION WHO IS A LEGAL ENTITY (IF THE LEGAL ENTITY IS THE RECIPIENT, PARTY WITH THE OBLIGATED ENTITY)" (fields 49 to 55), the Obligated Entity enters and marks data on the natural person who is the beneficial owner of the recipient (legal entity) of the transaction. The Obligated Entity enters data if the legal entity recipient of the transaction has an established business relationship with the obligated entity. If there are multiple beneficial owners, data for the first beneficial owner are entered into the Form, and data for the remaining beneficial owners are entered in the attachment to the Form for suspicious transactions.

1. In field 49 "Surname" and "Name", the Obligated Entity enters the surname and name of the natural person who is the beneficial owner of the recipient of the transaction.
2. In field 50 "Residence", the Obligated Entity enters the country of residence of the natural person who is the beneficial owner of the recipient of the transaction. The Obligated Entity enters the three-letter country code according to the international standard ISO 4217.
3. In field 51 "Citizenship", the Obligated Entity enters the citizenship of the natural person who is the beneficial owner of the recipient of the transaction. The Obligated Entity enters the three-letter country code according to the international standard ISO 4217.
4. In field 52 "Personal Identification Number (OIB)", the Obligated Entity, if this data is available to him, enters the personal identification number, determined by the law regulating the personal identification number...