Decree Law No. 19 of 2021 Amending the Money Laundering and Terrorism Financing Law No. 20 of 2019

Decree Law No. [19] of 2021
Amending Some Provisions of the Law No. (20) of 2019 on Combatting Money Laundering and Terrorism Financing We, Tamim Bin Hamad Al Thani, Emir of the State of Qatar, Having perused the Constitution; and The Customs Law issued by Law No. (40) of 2002; and The Law No. (20) of 2019 on Combating Money Laundering and Terrorism Financing; and The Draft Law put forward by the Council of Ministers; Have decreed the following:
Article (1)
The texts of Articles (20/Last Paragraph), (30/Paragraph 1/Item 1), (45), (48), (79), (83), (89/Paragraph 3), (92) of the Law on Combating Money Laundering and Terrorism Financing referred to above, shall be replaced with the following:
Article (20/Last Paragraph)
“Financial institutions and DNFBPs shall make available upon request without delay all information obtained during the due diligence process, and all transactions and operations records and documents maintained, to the authorities empowered by virtue of the provisions of the Law to obtain such relevant information.”

Article (30/Paragraph 1/Item 1)

1. “Coordinate the procedures for the Risk Assessment, and prepare,
   supervise the carrying out of, document the results of, circulate and update the National Risk Assessment of money laundering, terrorism financing, and the financing of the proliferation of weapons of mass destruction. The competent authorities shall commit to provide the Committee with the requested data and information, and shall collaborate in finalizing the National Risk Assessment and in implementing the relevant outputs.”
   Article (45)
   “The competent authorities responsible for approving the establishment of legal persons and arrangements shall obtain and maintain adequate, accurate, and current basic and beneficial ownership information on every legal person and legal arrangement established in the State. They shall also make basic information available to the public; and beneficial ownership information available to law enforcement authorities, judicial authorities, supervisory authorities, financial institutions and DNFPBs, upon request. Such competent authorities shall issue regulatory decisions determining the information to be collected for each type of legal persons and arrangements. Legal persons and legal arrangements shall maintain a complete, accurate, and current register of their basic information, beneficial ownership information, and information related to their shareholders or members, containing the number of shares held by each shareholder and categories of shares, including the nature of the associated voting rights. Such information should be maintained within the headquarters of the legal person or at another location notified to the competent authority responsible for approving the establishment of legal persons.

Legal persons established in the State shall appoint at least one natural person, residing in the State who shall be authorized to, and responsible for providing all basic and beneficial ownership information, and for providing assistance, when requested.”
Article (48)
“Legal persons’ administrators, liquidators or other persons involved in the dissolution of the legal person, as the case may be, and the competent authorities responsible for approving the establishment of legal persons, shall maintain information and records required under this Chapter, for at least ten (10) years, as appropriate:

1. As of the date on which the legal person is dissolved or otherwise ceases
   to exist;
2. As of the date on which the legal person ceases to be a customer of a
   financial institution or a professional intermediary.
   The competent authorities shall issue directives and circulars for the implementation of the provisions of this Article.”
   Article (79)
   “Any person who commits any of the terrorism financing crimes stipulated in
   Article (3) of this Law shall be sentenced to life imprisonment, and a fine not less
   than (QR 5.000.000) five million Qatari Riyals and not more than (QR 10.000.000) ten million Qatari Riyals, or twice the value of the financing provided, whichever is greater.”

Article (83)
“Any person who contravenes any freezing order issued by a competent authority or any provisional measures under the provisions of this Law, shall be sentenced to imprisonment for a term not exceeding three (3) years and a fine not more than (QR 10.000.000) ten million Qatari Riyals, or with one of these two penalties.”
Article (89/ Paragraph 3)
“If, in cases where any of the offences stipulated in paragraph (1) of this Article is committed, and the perpetrator thereof has not been convicted because he is unknown or he died, the Public Prosecution may transmit the file to the competent court to order the confiscation of the seized funds if sufficient evidence is adduced that they constitute proceeds of crime.”
Article (92)
“In case of multiple offenders, the Court may exempt the perpetrator of the money laundering or terrorism financing offence from the penalty provided for in this Law, if the perpetrator notifies the competent authorities of the offence, before such authorities' knowledge of the offence or prior to its execution, and provided any useful information, actual and specific assistance to collect proofs of crime, apprehend perpetrators or deprive them from the proceeds or instrumentalities of crime. The Court may decide to reduce the penalty in case the said informing is received after the knowledge of the competent authorities of the crime. The exemption from the penalty or the reduction thereof shall not preclude the confiscation of the proceeds or instrumentalities of crime.”

Article (2)
The following Articles shall be added to the Law on Combating Money Laundering and Terrorism Financing referred to:
Article (53/ Paragraph 2)
“The judicial commissioners may, when conducting inquiries and gathering evidence, examine or obtain the aforementioned information and data stipulated in the previous paragraph, by a written permission from the Public Prosecution.”
Article (80/ Paragraph 2)
“The aforementioned acts referred to in the previous paragraph shall be subject to prosecution for tax evasion offences as stipulated for in the Customs Law referred to above, unless it relates to a suspicion of money laundering, terrorism financing or predicate offences.”
Article (87/bis)
“Any person who intentionally contravenes the provisions of Article (46/paragraphs 2 and 3) of this Law, shall be sentenced to imprisonment for a term not exceeding one (1) year and a fine not more than (QR 100,000) one hundred thousand Qatari Riyals, or one of these two penalties.”

Article (3)
All Competent Authorities, each within its own competence, shall implement this Law, which shall come into force on the day following its publication in the Official Gazette. Tamim Bin Hamad Al Thani Emir of the State of Qatar Issued at the Emiri Diwan on: 4/3/1443 A.H Corresponding to: 10/10/2021 A.D