2022-01-01

Circular No. 212: Amendment to the Anti-Money Laundering and Combating the Financing of Terrorism Law

The Palestine Monetary Authority issued Circular No. 212/2022 to direct all payment service companies to comply with the newly amended Anti-Money Laundering and Combating the Financing of Terrorism Law. The circular transmits Legislative Decree No. ( ) of 2022, which revises Article 47(1) of the 2022 original decree to authorize courts, upon the Public Prosecutor's request and without prior notice, to impose provisional seizures that remain subject to appeal. All relevant authorities must enforce the decree effective from its September 16, 2022 issuance and ensure its publication in the Official Gazette.

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Palestine Monetary Authority

PALESTINE MONETARY AUTHORITY

Circular No. (212/2022)
To all payment service companies operating in Palestine
Date: Thursday, 15 September 2022

Subject: Amendment to the Anti-Money Laundering and Combating the Financing of Terrorism Law

Attached is a copy of the amendment to the provisions of paragraph (1) of Article (47) of Legislative Decree No. (39) of 2022 concerning the combating of money laundering and the financing of terrorism. Accordingly, the necessary measures are requested to comply with the provisions and requirements of the aforementioned Legislative Decree and its amendments.

Supervision Department
Palestine Monetary Authority


Legislative Decrees No. ( ) of 2022
Amending Legislative Decree No. (39) of 2022 concerning the combating of money laundering and the financing of terrorism

President of the State of Palestine
President of the Executive Committee of the Palestine Liberation Organization,
Based on the Basic Law of the Palestine Liberation Organization,
and the Amended Basic Law of 2003 and its amendments,
and after reviewing Legislative Decree No. (39) of 2022 concerning the combating of money laundering and the financing of terrorism,
and the Criminal Procedure Law No. (3) of 2001 and its amendments,
and the Penal Code No. (16) of 1960 applicable in the northern governorates and its amendments,
and the Penal Code No. (74) of 1936 applicable in the southern governorates and its amendments,
and Legislative Decree No. (10) of 2018 concerning cybercrimes and its amendments,
and Legislative Decree No. (9) of 2010 concerning banks and its amendments,
and Legislative Decree No. (42) of 2021 concerning companies,
and the Securities Law No. (12) of 2004,
and the Law Regulating the Accounting Profession No. (9) of 2004 and its amendments,
and the Regular Lawyers Law No. (3) of 1999 and its amendments,
and the Customs and Excise Law No. (1) of 1962 and its amendments,
and Law No. (1) of 2000 concerning charitable associations and civil organizations and its amendments,
and the Anti-Corruption Law No. (1) of 2005 and its amendments,
and Legislative Decree No. (18) of 2015 concerning the combating of drugs and psychotropic substances,
and based on the powers delegated to us,
and in pursuit of the public interest,

we have issued the following Legislative Decree:

Article (1)

Reference is made to Legislative Decree No. (39) of 2022 concerning the combating of money laundering and the financing of terrorism, for the purposes of this amendment, as the original law.


Article (2)

Paragraph (1) of Article (47) of the original law is amended to read as follows:

  1. Without prejudice to the provisions of this Legislative Decree and the rights of bona fide third parties, and upon request by the Public Prosecutor, the Court of First Instance or the competent court hearing the case, or the competent court to which the case is referred, without prior notice, shall decide to impose a provisional seizure, and the provisional seizure decision shall be subject to appeal.

Article (3)

Any provisions conflicting with the provisions of this Legislative Decree are hereby repealed.

Article (4)

All competent authorities shall, each within their respective jurisdiction, implement the provisions of this Legislative Decree. It shall take effect from the date of its issuance and be published in the Official Gazette.

Issued in Ramallah on: 16/9/2022

Mahmoud Abbas
President of the State of Palestine
President of the Executive Committee of the Palestine Liberation Organization


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