Order on Reporting and Publication of Information on Domestic Politically Exposed Persons

Order on Reporting and Publication of Information on Domestic Politically Exposed Persons

Pursuant to Section 18, paragraph 9, and Section 80, paragraph 6, of the Act on Preventive Measures against Money Laundering and Financing of Terrorism (the Money Laundering Act), cf. Act Consolidation No. 316 of 11 March 2022, as amended by Act No. 480 of 12 May 2023, it is hereby ordered:

Scope of Application
Section 1. This Order applies to the bodies mentioned in Sections 3-16.

Publication of List of Domestic Politically Exposed Persons
Section 2. The Danish Financial Supervisory Authority maintains and publishes a list containing information on the name, position, and date of birth of domestic politically exposed persons. The list is published on the Danish Financial Supervisory Authority's website. The list is revised no later than two business days after the Danish Financial Supervisory Authority has received a report, cf. paragraph 2.

Paragraph 2. The bodies mentioned in Sections 3-16 must report information on the name, position, and date of birth of the persons covered by the provisions, for use in preparing the list mentioned in paragraph 1.

Paragraph 3. A politically exposed person must be listed on the Danish Financial Supervisory Authority's list for as long as the person holds the position that makes them politically exposed, cf. Section 2, No. 8, of the Money Laundering Act. Thereafter, the person's information will be transferred to a separate list, where the person will be listed for up to 12 months after the person's status as a politically exposed person has ceased. This list is published on the Danish Financial Supervisory Authority's website.

Paragraph 4. Reports must be sent to the Danish Financial Supervisory Authority at PEP@ftnet.dk.

Reporting of Information from the Danish Parliament
Section 3. The Management Secretariat of the Danish Parliament must report information on the following persons:
1) Members of the Danish Parliament.
2) Substitutes who enter the Danish Parliament.
3) The State Auditors.

Reporting of Information from Political Parties
Section 4. Political parties must report information on the following persons:
1) Representatives in the European Parliament.
2) Substitutes who enter the European Parliament.

Paragraph 2. Persons who are members of the European Parliament without representing a party must themselves ensure that a report is made.

Section 5. Political parties represented in the Danish Parliament must report information on members of the parties' governing bodies, for example the main board or the executive committee.

Paragraph 2. Political parties covered by paragraph 1 must also report information on substitutes when they enter as members of the parties' governing bodies, for example the main board or the executive committee.

Paragraph 3. Paragraphs 1 and 2 do not apply to the parties in Greenland and the Faroe Islands that are represented in the Danish Parliament.

Reporting of Information from the National Audit Office
Section 6. The National Audit Office must report information on the State Auditor.

Reporting of Information from Danish Ministries
Section 7. Danish ministries must report information on the following persons:
1) The Minister.
2) The Permanent Secretary.
3) Special advisors to the Minister.

Section 8. The Ministry of Justice must report information on Danish judges at international courts.

Section 9. The Ministry of Foreign Affairs must report information on the following persons:
1) Danish ambassadors.
2) The Danish member of the European Court of Auditors.

Section 10. The Ministry of Defence must report information on senior officers in the armed forces. By senior officer in the armed forces is meant the Chief of Defence, the Deputy Chief of Defence, and Danish officers with the rank of Major General, Rear Admiral, or higher.

Section 11. The Ministry of Culture must report information on the Director General and the board of DR.

Reporting of Information from Other Public Authorities
Section 12. Public agencies must report information on the following persons:
1) The top director.
2) The board, if the board has actual decision-making competence.

Section 13. State authorities must report information on directors, deputy directors, and members of the board or persons with equivalent positions in an international organization, when the person is employed, appointed, or nominated on behalf of the state to perform the relevant position.

Reporting of Information from State-Owned Enterprises
Section 14. State-owned enterprises must report information on members of the enterprise's executive board as well as the board of directors, supervisory board, or equivalent controlling bodies.

Paragraph 2. By a state-owned enterprise is meant that the state directly or indirectly owns 50 percent or more of the enterprise's shares or voting rights or otherwise has decisive influence over the enterprise via a shareholding agreement or similar.

Paragraph 3. The enterprise must also report information on substitutes in a state-owned enterprise's board of directors when the substitute enters the board, if the substitute's entry occurs as a result of the elected board member being absent for a long or continuing period.

Reporting of Information from the National Bank
Section 15. The National Bank must report information on the National Bank Directors.

Reporting of Information from the Supreme Court
Section 16. The Supreme Court must report information on appointed Supreme Court judges.

Deadline for Reporting
Section 17. Reports under Sections 3-16 must be made no later than three business days after the person in question has assumed the position that results in the person being covered by the definition of politically exposed persons, cf. Section 2, No. 8, of the Money Laundering Act.

Paragraph 2. A report as mentioned in paragraph 1 must also be made when the person in question resigns from the position that results in the person being covered by the definition of politically exposed persons.

Coercive Fines
Section 18. If the bodies mentioned in Sections 3-16 fail to fulfill the duties arising from this Order, the Minister for Business Affairs may impose daily or weekly fines on the mentioned bodies as a coercive measure.

Entry into Force
Section 19. This Order enters into force on 1 July 2023.

Paragraph 2. Order No. 1704 of 20 December 2017 on reporting and publication of information on domestic politically exposed persons is repealed.

Ministry of Business Affairs, 30 May 2023
Morten Bødskov
/ Hans Høj