Government Decree No. 2016-1098 of August 15, 2016, Establishing the Organization and Operating Procedures of the Tunisian Financial Analysis Commission

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MINISTRY OF FINANCES
Government Decree No. 2016-1098 of August 15, 2016, Establishing the Organization and Operating Procedures of the Tunisian Financial Analysis Commission.

The Head of Government,
Upon proposal of the Minister of Finances,
Having regard to the Constitution,
Having regard to Law No. 90-67 of July 24, 1990, on the ratification of the Vienna Convention of the United Nations against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of December 19, 1988, Having regard to Law No. 2002-63 of July 23, 2003, on the approval of the Palermo Convention of the United Nations against Transnational Organized Crime of November 15, 2000, Having regard to Law No. 2002-99 of November 25, 2002, on the ratification of the New York Convention of the United Nations for the Suppression of Financing of Terrorism of December 9, 1999, Having regard to Law No. 2008-16 of February 25, 2008, on the approval of the Mérida Convention of the United Nations against Corruption of October 31, 2003, Having regard to Organic Law No. 2015-26 of August 7, 2015, on the fight against terrorism and the repression of money laundering, particularly Articles 118 and 119 thereof, Having regard to Decree No. 2004-1865 of August 11, 2004, establishing the organization and operating procedures of the Tunisian Financial Analysis Commission, as amended by Decree No. 2011-162 of February 3, 2011, Having regard to Presidential Decree No. 2015-35 of February 6, 2015, appointing the Head of Government and its members, Having regard to Presidential Decree No. 2016-1 of January 12, 2016, appointing the members of the government, Having regard to the opinion of the Administrative Court, After deliberation by the Council of Ministers. Enacts the government decree as follows:

Article 1 - This Government Decree establishes the organization and operating procedures of the Tunisian Financial Analysis Commission created by Article 118 of Organic Law No. 2015-26 of August 7, 2015, cited above.
The Tunisian Financial Analysis Commission is hereinafter referred to as "the Commission".

Art. 2 - The members of the Commission are appointed by government decree for a term of six years. In case of vacancy before the end of the term, the vacancy is filled for the remaining duration of the term, in accordance with the same conditions and procedures as the initial appointment. One-third of the members is renewed every two years. Exceptionally, the first two renewals of one-third of the members are conducted by lot during the initial term.

Art. 3 - The Commission meets upon summons by its President, at least once a month and whenever necessary.
Summons are sent to the members at least seven days before the meeting date, accompanied by the agenda. Members are required to attend meetings in person.

Art. 4 - Deliberations of the Commission members are valid only if at least six members are present.
Decisions are taken by a two-thirds majority of the attending members.
A minutes document is prepared for each meeting, signed by the President or his deputy and the attending members, and recorded in a special register.
The President or his deputy may invite any person whose opinion is deemed useful to participate in deliberations on agenda items, without voting rights.

Art. 5 - In addition to the duties assigned by Organic Law No. 2015-26 cited above, the Commission is responsible for:

• monitoring the operational financial analysis activity regarding declarations of suspicious operations and their subsequent actions, based on a quarterly report submitted by the General Secretariat mentioned in Article 11 of this Government Decree,
• ruling on the General Secretariat's proposals regarding the classification of suspicious operation declarations,
• approving the national risk assessment study on money laundering prepared by the Steering Committee mentioned in Article 7 of this Government Decree,

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• coordinating with the National Commission against Terrorism created by Article 66 of Organic Law No. 2015-26 cited above and the relevant authorities to prepare a comprehensive national risk assessment study on money laundering and terrorism financing and its periodic update,
• transmitting to the relevant authorities and bodies the recommendations of the national risk assessment study regarding immediate, medium-term, and long-term measures to be taken to reduce risks,
• formulating recommendations, based on reports prepared by the Steering Committee, to the authorities cited in Article 115 of Organic Law No. 2015-26 cited above, to assist them in establishing programs prohibiting illicit financial circuits,
• ensuring national coordination regarding reports evaluating the conformity of the national framework with international standards on combating money laundering and terrorism financing, as well as related follow-up reports,
• issuing and publishing the directives cited in the first indent of Article 120 of Organic Law No. 2015-26 cited above,
• approving the Commission's strategic plan and annual action plan based on proposals from the Steering Committee,
• approving the Commission's internal regulations,
• approving memorandums of agreement to be signed within the framework of national and international cooperation,
• approving the Commission's annual report.

Art. 6 - The President of the Commission or his deputy represents the Commission before public authorities, its counterparts in foreign countries, and generally before third parties.

Art. 7 - The President of the Commission or his deputy, who is among the Commission members, chairs meetings of the Steering Committee attended by representatives of the General Secretariat, public bodies involved in combating money laundering and terrorism financing, including the Ministries of Interior, Justice, Finances, Customs, and the parties cited in Article 115 of Organic Law No. 2015-26 cited above. The President or his deputy may invite any person whose opinion is deemed useful to attend deliberations on agenda items.

Art. 8 - The Committee meets every three months and whenever necessary, upon summons by its President or deputy. Summons are sent at least fifteen days before the meeting date, accompanied by the agenda. A minutes document is prepared for each meeting, signed by the President or his deputy, with a copy transmitted to the Commission's General Secretariat.

Art. 9 - The Steering Committee is responsible for carrying out, in coordination with public bodies concerned by the fight against money laundering and terrorism financing, the following missions:

• preparing draft general directives enabling persons cited in Article 107 of Organic Law No. 2015-26 cited above to detect suspicious operations and transactions and declare them,
• preparing and updating the national risk assessment study on money laundering, in collaboration with the General Secretariat and relevant parties, and submitting it for approval,
• developing a three-year strategic plan for the Commission's activities and submitting it to the Commission members for approval,
• preparing the draft annual action plan of the Commission, including training programs, in coordination with parties cited in Article 115 of Organic Law No. 2015-26 cited above and the Tunisian Professional Association of Banks and Financial Institutions,
• preparing in collaboration with the General Secretariat reports on key recommendations to be addressed to parties cited in Article 115 of Organic Law No. 2015-26 cited above,
• examining draft memorandums of agreement within the framework of national and international cooperation, proposing relevant recommendations, and submitting them to the Commission for approval.

Art. 10 - The Operational Unit is responsible, under the authority of the General Secretariat, for carrying out the following missions:

• examining declarations received by the Commission and presenting proposals on their subsequent actions to the General Secretary,

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• examining national and international requests for information exchange in combating money laundering and terrorism financing,
• preparing periodic reports, particularly on suspicious operation declarations and their subsequent actions,
• establishing and managing the database provided for in Article 123 of Organic Law No. 2015-26 cited above.
  To carry out its missions, the Operational Unit includes units responsible for financial investigations related to money laundering and terrorism financing offenses, database management, information systems, and national and international cooperation. One or more experts designated by the Ministry of Interior and one or more experts designated by the Ministry of Finances from the Customs Corps staff are seconded to the Operational Unit.

Art. 11 - The General Secretariat of the Commission is headed by a General Secretary appointed by the President of the Commission from among the executives of the Central Bank of Tunisia. The General Secretary is prohibited from holding other positions at the Central Bank of Tunisia concurrently with his function.

Art. 12 - The General Secretariat of the Commission is responsible, under the authority of the President of the Commission, for carrying out the following missions:

• receiving declarations of suspicious operations and transactions, ruling on proposals from the Operational Unit regarding them, and notifying their subsequent actions,
• managing the administrative, financial, and technical affairs of the Commission,
• submitting a quarterly report to the Commission members on the operational activity of the Operational Unit,
• preparing the draft internal regulations of the Commission,
• preparing the draft annual report of the Commission.

Art. 13 - The internal regulations of the Commission establish the procedures manual and code of ethics.

Art. 14 - The President of the Commission designates the permanent staff necessary for the operation of the Commission's services from among the agents of the Central Bank of Tunisia or others, through recruitment or secondment, fixing the associated benefits. The President of the Commission establishes the organizational chart of its services.

Art. 15 - The necessary funds for exercising the Commission's missions are allocated to it. These funds are charged against the budget of the Central Bank of Tunisia.

Art. 16 - The provisions of Decree No. 2004-1865 of August 11, 2004, establishing the organization and operating procedures of the Tunisian Financial Analysis Commission, as amended by Decree No. 2011-162 of February 3, 2011, are hereby repealed.

Art. 17 - The Minister of Justice, the Minister of Interior, the Minister of Finances, the Minister of Communication and Digital Economy, and the Governor of the Central Bank of Tunisia are responsible, each within their respective scope, for executing this Government Decree, which will be published in the Journal Official of the Tunisian Republic.

Tunis, August 15, 2016.
For Counter-signature
Minister of Justice
Omar Mansour
Minister of Interior
Hédi Mejdoub
Minister of Finances
Slim Chaker
Minister of Communication and Digital Economy
Noomane Fehri
Head of Government
Habib Essid

MINISTRY OF HEALTH
By order of the Minister of Health dated August 18, 2016.
The exceptional class for the position of Central Administration Director is awarded to Mr. Mustapha Abdeljelil, General Engineer and Director of Maintenance and Technical Studies at "La Rabta" Hospital in Tunis. ---