Law Decree No. (19) of 2021 Amending Some Provisions of the Anti-Money Laundering and Counter-Terrorism Financing Law Issued by Law No. (20) of 2019

Law Decree No. (19) of 2021
Amending Some Provisions of the Anti-Money Laundering and Counter-Terrorism Financing Law Issued by Law No. (20) of 2019

We, Tamim bin Hamad Al Thani,
Emir of the State of Qatar,
Having reviewed the Constitution,
Having reviewed the Customs Law issued by Law No. (40) of 2002, Having reviewed the Anti-Money Laundering and Counter-Terrorism Financing Law issued by Law No. (20) of 2019, Having reviewed the draft law submitted by the Council of Ministers, Have decided the following Law:

Article (1)
The provisions of Articles (20/last paragraph), (30/first paragraph item 1), (45), (48), (79), (83), (89/third paragraph), (92) of the aforementioned Anti-Money Laundering and Counter-Terrorism Financing Law are replaced by the following provisions:

Article (20/last paragraph):
"And financial institutions, businesses, and specified non-financial professions and businesses shall make available all due diligence information and all records, documents, and files of transactions and operations kept without delay to the authorities authorized by the provisions of this Law, upon request."

Article (30/first paragraph item 1):
"1- Procedures shall be established to assess risks, prepare the national risk assessment for money laundering and terrorism financing and the proliferation of weapons of mass destruction, supervise its completion, document its results, disseminate them, and update them, and competent authorities shall commit to providing the Committee with the data and information it requests, and to participate with it in completing the assessment and implementing its outputs."

Article (45):
"Competent authorities responsible for approving the establishment of relevant persons and legal arrangements shall obtain and retain comprehensive, accurate, and up-to-date basic information, and information regarding the beneficial owners of relevant persons and legal arrangements established in the State. They shall make the basic information and beneficial owner information available to the public, law enforcement, judicial authorities, regulatory bodies, and financial institutions and specified non-financial professions and businesses, upon their request. Those authorities shall issue regulatory decisions determining the information to be collected for each type of relevant person and legal arrangement.

Relevant persons and legal arrangements shall maintain a comprehensive, accurate, and up-to-date register of their basic information and information related to their beneficial owners and shareholders or members, including the number of shares owned by each shareholder and share classes, including the nature of voting rights therein. This information must be kept at the registered office of the relevant person or at another location notified to the competent authority approving the establishment of the relevant person.

Relevant persons established in the State shall designate at least one natural person resident in the State who is authorized and responsible for providing all basic information and information related to beneficial owners, and for assisting competent authorities upon request."

Article (48):
"Insurance shall be placed on the management of relevant persons and their liquidators, and other relevant persons involved in the dissolution of the relevant person, as the case may be, and competent authorities approving their establishment, to retain the information and records required under this Chapter for a period of not less than ten years, as follows:

• 1- From the date on which the relevant person is dissolved or ceases to exist.
• 2- From the date on which the relevant person is no longer a client of a financial institution or professional intermediary.
  Competent authorities shall issue instructions and circulars regarding the implementation of the provisions of this Article."

Article (79):
"Whoever commits any of the terrorism financing crimes stipulated in Article (3) of this Law shall be punished with life imprisonment and a fine of not less than (5,000,000) five million Riyals and not exceeding (10,000,000) ten million Riyals, or double the value of the financing, whichever is greater."

Article (83):
"Whoever fails to comply with any order issued by a competent authority for recruitment or any regulatory measures in accordance with the provisions of this Law shall be punished with imprisonment for a period not exceeding three years and a fine not exceeding (1,000,000) ten million Riyals, or one of these two punishments."

Article (89/third paragraph):
"In the event that one of the crimes stipulated in the first paragraph of this Article occurs, and the perpetrator is not convicted due to lack of knowledge or death, the Public Prosecution may refer the documents to the competent court to issue a judgment confiscating the seized assets, if sufficient evidence is presented proving that they are proceeds of crime."

Article (92):
"In case of multiple offenses, the court may exempt the perpetrator of a money laundering or terrorism financing crime from the punishment stipulated in this Law, if they promptly report the crime to the competent authorities before the authorities become aware of it or before its execution begins, and provide them with useful and specific actual assistance in collecting evidence of the crime, apprehending its perpetrators, or depriving them of its proceeds and instrumentalities.

The court may also order a reduction in the punishment if the reporting of the information referred to in the previous paragraph occurs after the competent authorities become aware of the crime.
Exemption from punishment or its reduction shall not prevent the confiscation of the proceeds of the crime or its instrumentalities."

Article (2)
The following provisions are added to the aforementioned Anti-Money Laundering and Counter-Terrorism Financing Law:

Article (53/second paragraph):
"Judicial authorities may, when conducting investigations and collecting evidence, access or obtain the information and data referred to in the previous paragraph, with written permission from the Public Prosecution."

Article (80/second paragraph):
"The acts referred to in the previous paragraph shall be subject to the provisions of criminal prosecution for customs smuggling crimes stipulated in the aforementioned Customs Law, unless they are related to a suspicion of money laundering, terrorism financing, or a predicate offense."

Article (87-bis):
"Whoever violates any of the provisions of Article (46/second and third paragraphs) of this Law shall be punished with imprisonment for a period not exceeding one year and a fine not exceeding (1,000,000) one hundred thousand Riyals, or one of these two punishments."

Article (3)
All competent authorities shall, each within their respective competence, implement this Law.
It shall be enforced from the day following the date of its publication in the Official Gazette.

Tamim bin Hamad Al Thani
Emir of the State of Qatar

Issued at the Diwan Amiri on: 4 / 3 / 1443 AH
Corresponding to: 10 / 10 / 2021 AD