Law No. 25-10 Amending and Complementing Law No. 05-01 on the Prevention and Fight Against Money Laundering and the Financing of Terrorism

No. 48 64th YEAR Thursday 28 Moharram 1447 Corresponding to July 24, 2025

ANNUAL SUBSCRIPTION Original Edition................................... Original Edition and its translation.... Original Edition, the issue: 14.00 dinars. Original Edition and its translation, the issue: 28.00 dinars. Issues from previous years: according to the rate schedule. Tables are provided free of charge to subscribers. Please attach the last strip for renewal, complaint, and address change. Insertion rates: 60.00 dinars per line

Algeria Tunisia Morocco Libya Mauritania 1 Year 1090.00 D.A 2180.00 D.A

FOREIGN (Countries other than the Maghreb) 1 Year 2675.00 D.A 5350.00 D.A (Shipping costs extra)

DIRECTION AND EDITORIAL GENERAL SECRETARIAT OF THE GOVERNMENT WWW.JORADP.DZ Subscription and advertising: OFFICIAL PRINTING PRESS Les Vergers, Bir-Mourad Raïs, BP 376 ALGER-GARE Tel: 023.41.18.89 to 92 Fax: 023.41.18.76 C.C.P. 3200-50 Key 68 ALGER BADR: Rib 00 300 060000201930048 FOREIGN: (Currency Account) BADR: 003 00 060000014720242

OFFICIAL JOURNAL OF THE ALGERIAN DEMOCRATIC AND POPULAR REPUBLIC INTERNATIONAL CONVENTIONS AND AGREEMENTS - LAWS AND DECREES ORDINANCES, DECISIONS, NOTICES, COMMUNICATIONS AND ANNOUNCEMENTS (FRENCH TRANSLATION)

2 OFFICIAL JOURNAL OF THE ALGERIAN DEMOCRATIC AND POPULAR REPUBLIC No. 48 28 Moharram 1447 July 24, 2025

Law No. 25-10 of 28 Moharram 1447 corresponding to July 24, 2025 amending and complementing Law No. 05-01 of 27 Dhou El Hidja 1425 corresponding to February 6, 2005 on the prevention and fight against money laundering and the financing of terrorism....................................................................................................................................................................................... Law No. 25-11 of 28 Moharram 1447 corresponding to July 24, 2025 amending and complementing Law No. 18-07 of 25 Ramadhan 1439 corresponding to June 10, 2018 on the protection of natural persons in the processing of personal data........................................................................................................................................................................................ Executive Decree of 18 Moharram 1447 corresponding to July 14, 2025 ending the functions of the Director of Culture of the Wilaya of Blida.............................................................................................................................................................................. Executive Decree of 20 Moharram 1447 corresponding to July 16, 2025 ending the functions of an inspector at the former Ministry of Agriculture and Rural Development ......................................................................................................................................... Executive Decree of 18 Moharram 1447 corresponding to July 14, 2025 ending the functions of the General Director of the New City Organization of Bouinan ..................................................................................................................................................... Executive Decree of 18 Moharram 1447 corresponding to July 14, 2025 ending the functions of the General Director of the Development Establishment of the City of Draâ Errich ............................................................................................................ Executive Decree of 18 Moharram 1447 corresponding to July 14, 2025 ending the functions of Directors at the Ministry of Hydraulics .................................................................................................................................................. Executive Decree of 18 Moharram 1447 corresponding to July 14, 2025 ending the functions of former Directors of Water Resources in certain Wilayas............................................................................................................................................................. Executive Decree of 18 Moharram 1447 corresponding to July 14, 2025 appointing a Study Chief at the Ministry of Energy, Mines and Renewable Energies........................................................................................................................ Executive Decree of 18 Moharram 1447 corresponding to July 14, 2025 appointing Delegated Directors of Energy in administrative districts in certain Wilayas ................................................................................................................... Executive Decree of 18 Moharram 1447 corresponding to July 14, 2025 appointing a Deputy Director at the Ministry of Higher Education and Scientific Research................................................................................................................... Executive Decrees of 18 Moharram 1447 corresponding to July 14, 2025 appointing Vice-Rectors at universities......... Executive Decree of 18 Moharram 1447 corresponding to July 14, 2025 appointing the Dean of the Faculty of Letters and Languages at the University of Souk Ahras ............................................................................................................................................. Executive Decree of 18 Moharram 1447 corresponding to July 14, 2025 appointing the Director of the Institute of Agronomic and Veterinary Sciences at the University of Souk Ahras ............................................................................................................ Executive Decree of 18 Moharram 1447 corresponding to July 14, 2025 appointing the Director of Culture at the Wilaya of Biskra............................................................................................................................................................................................. Executive Decree of 18 Moharram 1447 corresponding to July 14, 2025 appointing the General Director of the New City Organization of Bouinan ..................................................................................................................................................... Executive Decree of 18 Moharram 1447 corresponding to July 14, 2025 appointing the General Director of the Development Establishment of the City of Draâ Errich..................................................................................................................................... 4 14 19 20

SUMMARY LAWS INDIVIDUAL DECISIONS

OFFICIAL JOURNAL OF THE ALGERIAN DEMOCRATIC AND POPULAR REPUBLIC No. 48 3 28 Moharram 1447 July 24, 2025

Executive Decree of 18 Moharram 1447 corresponding to July 14, 2025 appointing a Study and Synthesis Officer at the Ministry of Transport ................................................................................................................................................................. Executive Decree of 20 Moharram 1447 corresponding to July 16, 2025 appointing the Director of the Higher Institute of Railway Training (I.S.F.F) ....................................................................................................................................................... Executive Decree of 18 Moharram 1447 corresponding to July 14, 2025 appointing a Deputy Director at the Ministry of Health............................................................................................................................................................................................... Executive Decree of 18 Moharram 1447 corresponding to July 14, 2025 appointing the Director of Health and Population at the Wilaya of Djelfa...................................................................................................................................................................... Interministerial Decree of 28 Dhou El Hidja 1446 corresponding to June 24, 2025 setting the rate of participation of municipalities in the solidarity and guarantee fund for local authorities .................................................................................................................................. Interministerial Decree of 28 Dhou El Hidja 1446 corresponding to June 24, 2025 setting the rate of participation of Wilayas in the solidarity and guarantee fund for local authorities ...................................................................................................................................................... Interministerial Decree of 28 Dhou El Hidja 1446 corresponding to June 24, 2025 setting the rate of levy on the operating revenues of municipal budgets.................................................................................................................................. Decree of 28 Dhou El Hidja 1446 corresponding to June 24, 2025 setting the rate of levy on the operating revenues of Wilaya budgets ....................................................................................................................................................................... 20 21 21 22 23

SUMMARY (continued) ORDINANCES, DECISIONS AND NOTICES MINISTER OF THE INTERIOR, LOCAL AUTHORITIES AND TERRITORIAL PLANNING

4 OFFICIAL JOURNAL OF THE ALGERIAN DEMOCRATIC AND POPULAR REPUBLIC No. 48 28 Moharram 1447 July 24, 2025

Law No. 25-10 of 28 Moharram 1447 corresponding to July 24, 2025 amending and complementing Law No. 05-01 of 27 Dhou El Hidja 1425 corresponding to February 6, 2005 on the prevention and fight against the money laundering and the financing of terrorism. ———— The President of the Republic, Having regard to the Constitution, particularly its articles 9 (items 5 and 8), 78, 139-7°, 141 (paragraph 2), 143, 144 (paragraph 2), 145, 148, 154 and 171; Having regard to Ordinance No. 66-155 of June 8, 1966, as amended and complemented, carrying the code of criminal procedure; Having regard to Ordinance No. 66-156 of June 8, 1966, as amended and complemented, carrying the penal code; Having regard to Law No. 05-01 of 27 Dhou El Hidja 1425 corresponding to February 6, 2005, as amended and complemented, on the prevention and fight against money laundering and the financing of terrorism; Having regard to Law No. 06-02 of 21 Moharram 1427 corresponding to February 20, 2006 organizing the notary profession; Having regard to Law No. 06-03 of 21 Moharram 1427 corresponding to February 20, 2006, as amended and complemented, organizing the profession of judicial bailiff; Having regard to Law No. 08-09 of 18 Safar 1429 corresponding to February 25, 2008, as amended and complemented, carrying the code of civil and administrative procedure; Having regard to Law No. 10-01 of 16 Rajab 1431 corresponding to June 29, 2010 on the professions of chartered accountant, auditor and certified accountant; Having regard to Law No. 12-06 of 18 Safar 1433 corresponding to January 12, 2012 on associations; Having regard to Law No. 18-07 of 25 Ramadhan 1439 corresponding to June 10, 2018 on the protection of natural persons in the processing of personal data; Having regard to Law No. 23-09 of 3 Dhou El Hidja 1444 corresponding to June 21, 2023 carrying the monetary and banking law; After opinion of the Council of State, After adoption by Parliament, Promulgates the law whose text follows:

Article 1st. — This law aims to modify and complement Law No. 05-01 of 27 Dhou El Hidja 1425 corresponding to February 6, 2005, as amended and complemented, relating to the prevention and fight against money laundering and the financing of terrorism.

Art. 2. — The provisions of Article 4 of Law No. 05-01 of 27 Dhou El Hidja 1425 corresponding to February 6, 2005 above-mentioned, are modified, complemented and drafted as follows:

« Art. 4. — For the purposes of this law, the following terms are understood as:

• « Capital »: ................ (no change) .............. ;
• « Virtual Assets »: digital values that can be exchanged digitally, transferred or used for payment or investment purposes. Virtual assets do not include transactions involving digital values of fiat currencies, financial securities and other financial assets;
• « Predicate Offence »: ....... (no change) ..... ;
• « Obligated Entities »: financial institutions and designated non-financial businesses and professions having the obligation to apply preventive measures, including the suspicious transaction report, as provided by this law and the regulations, implementation instructions and guidelines issued by regulatory, supervisory and/or surveillance authorities;
• « Financial Institution »: ........ (no change) ....... ;
• « Designated Non-Financial Businesses and Professions »: any natural or legal person exercising activities other than those practiced by financial institutions, including regulated liberal professions, notably lawyers when they carry out financial transactions on behalf of their clients as well as notaries, judicial bailiffs, chartered accountants, auditors, certified accountants, brokers, customs brokers, real estate agents, corporate service providers, legal constructions, automobile dealers, ......................... (the rest remains unchanged) .................... ;
• « Terrorist »: ............. (no change) ............... ;
• « Terrorist Organization »: ...... (no change)...... ;
• « Terrorist Act »: ........... (no change) .............. ;
• « Risk-Based Approach »: ................... (no change) ................... ;

OFFICIAL JOURNAL OF THE ALGERIAN DEMOCRATIC AND POPULAR REPUBLIC No. 48 5 28 Moharram 1447 July 24, 2025

• « Trusts »: a legal relationship not creating a legal personality, established by contract whereby a person places funds under the management of a trustee for the benefit of one or more beneficiaries or for a specific purpose;
• « Parallel Financial Investigation »: ..................... (no change) ................. ;
• « Targeted Financial Sanctions »: the freezing and/or seizure of funds and the prohibition to prevent funds or other assets from being made available, directly or indirectly, to persons and entities listed on the consolidated list of sanctions and the national list of terrorist persons and entities;
• « Consolidated List of Sanctions »: the list reproducing the full identity of persons and information relating to all entities concerned by targeted financial sanctions measures imposed by the Security Council of the United Nations Organization, related to terrorism, its financing or the proliferation of weapons of mass destruction and its financing, including relevant lists of the Security Council;
• « National List of Terrorist Persons and Entities »: the list established in accordance with Article 87 bis 13 of Ordinance No. 66-156 of June 8, 1966 carrying the penal code;
• « Implementing Bodies »: • the central services of the State, public bodies and administrations concerned; • obligated entities; • regulatory, supervisory and/or surveillance authorities; • non-profit organizations; • any natural or legal person present on the national territory likely to hold funds or provide financial or other services related to persons and entities listed on the consolidated list of sanctions and the national list of terrorist persons and entities;
• « Regulatory, Supervisory and/or Surveillance Authorities »: the competent authorities designated responsible for ensuring the compliance of financial institutions and designated non-financial institutions and professions and non-profit organizations with the requirements for the prevention and fight against money laundering, the financing of terrorism and/or the financing of the proliferation of weapons of mass destruction;
• « Financing of the Proliferation of Weapons of Mass Destruction »: any act by which natural persons or entities, gather or provide funds with the intention of using them, in whole or in part, to provoke, encourage or incite, by any means whatsoever, directly or indirectly, illicitly or deliberately, anyone to commit activities related to the proliferation of weapons of mass destruction;
• « Specialized Body »: ......... (no change) ........ ;
• « Specialized International Body »: Financial Action Task Force;
• « Competent Authorities »: administrative authorities and authorities responsible for applying the law, and those responsible for fighting money laundering, the financing of terrorism and the financing of the proliferation of weapons of mass destruction, including regulatory authorities, supervisory and/or surveillance authorities;
• « Freezing and/or Seizure »: ............ (no change) ......... ;
• « Politically Exposed Persons »: Algerians and foreigners holding or having held important general functions in Algeria or abroad, such as Heads of State or Government, high-ranking politicians, senior officials within public powers, senior magistrates, leaders of public enterprises, senior officials of political parties as well as persons to whom an international organization has entrusted or who have been invested with important functions such as members of the senior management, including directors, deputy directors and members of the board of directors or equivalent positions. This definition does not apply to persons of intermediate or subordinate rank belonging to the aforementioned categories;
• « Beneficial Owner »: the natural person or persons who, ultimately, directly or indirectly:

1. own or effectively control the client or the client's agent, or the beneficiary of life insurance or investment contracts and/or,
2. for whom an operation is carried out or a business relationship is established.
3. exercise effective control over a legal person or a legal construction;

• « Legal Constructions »: any entity not subject to current legislation, including trusts, established outside the national territory within the framework of a contract or an agreement whereby a person makes funds available to another person or under their control for a specific period, with a view to their management for the benefit of a designated beneficiary or for a specific purpose. These funds do not form part of the assets of the person managing or controlling them;

6 OFFICIAL JOURNAL OF THE ALGERIAN DEMOCRATIC AND POPULAR REPUBLIC No. 48 28 Moharram 1447 July 24, 2025

• supervise the coordination between competent authorities, cooperate and exchange information between them, in compliance with legislation on the protection of personal data. The conditions and modalities for the application of this article are determined, where appropriate, by regulatory means. ».

« Art. 5 bis 2. — Obligated entities must take appropriate measures to identify, assess and understand the risks of money laundering, terrorist financing and the proliferation of weapons of mass destruction to which they are exposed, including risks related to clients even occasional, countries or geographical zones and products, services, operations and distribution channels. They must take into account all relevant risk factors before determining the overall risk level and the level and type of appropriate measures to be applied to mitigate these risks. These measures must be proportionate to the nature and size of the obligated persons as well as to the volume of their activities. The assessments mentioned in the first paragraph above are documented, kept up to date and made available to the authorities competent, through appropriate mechanisms. ».

« Art. 5 bis 3. — Regulatory, supervisory and/or surveillance authorities as well as obligated entities, must allocate resources and put in place programs and practical measures based on the risk-based approach, with a view to fighting money laundering, the financing of terrorism and the proliferation of weapons of mass destruction and monitoring their implementation. Based on this approach, regulatory authorities, supervisory and/or surveillance authorities as well as obligated entities must: — identify, assess and understand the risks of money laundering of terrorism and the proliferation of weapons of mass destruction, which must be in consistency with the national risk assessment and take measures likely to mitigate them; — take enhanced measures to manage and mitigate risks identified as high and ensure that this information is integrated into the framework of risk assessment operations they carry out; — adopt simplified procedures when identifying low risks. ».

• « Non-Profit Organizations »: associations, foundations created by notarial deeds and international organizations non-governmental operating in Algeria;
• « Associations »: grouping of natural persons and/or legal persons on a contractual basis, for a fixed or indefinite duration, pooling their knowledge and material means voluntarily and for non-profit purposes, to initiate programs and activities whose content and objectives fall within the general interest;
• « Coordination Committee »: operational committee of coordination of policies and actions to fight against money laundering and the financing of terrorism created by current regulations;
• « National Committee »: ......... (no change) .......... ;
• « Court of Algiers »: ......... (no change) ....... ».

Art. 3. — Law No. 05-01 of 27 Dhou El Hidja 1425 corresponding to February 6, 2005 above-mentioned, is complemented by an Article 5 bis drafted as follows:

« Art. 5 bis. — The National Committee takes appropriate measures to identify, assess and understand the risks of money laundering, terrorist financing and/or the financing of the proliferation of weapons of mass destruction to which Algeria is exposed and updates them regularly. The National Committee must make available to the authorities competent and obligated entities, through appropriate mechanisms, the results of national and sectoral assessments, in compliance with legislation on the protection of personal data. ».

Art. 4. — The provisions of Articles 5 bis 1, 5 bis 2, 5 bis 3, 5 bis 4 and 5 bis 5 of Law No. 05-01 of 27 Dhou El Hidja 1425 corresponding to February 6, 2005 above-mentioned, are modified, complemented and re