Resolution No. 15, of March 28, 2007 – Repealed by Resolution No. 32, of March 6, 2020

Published on 17/09/2020 14:38 Modified on 16/12/2020 15:35

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Provides for the procedures to be observed by natural and legal persons regulated by COAF, pursuant to § 1 of art. 14 of Law No. 9.613 of 3 March 1998, regarding operations or proposals of operations linked to terrorism or its financing.

The President of the Council for the Control of Financial Activities – COAF, using the authority conferred by item IV of art. 9 of the Statute approved by Decree No. 2,799 of 8 October 1998 and considering the provisions of Decree No. 5,640 of 26 December 2005, which promulgated the International Convention for the Suppression of the Financing of Terrorism adopted by the United Nations General Assembly on 9 December 1999, makes public that the Plenary of the Council, in a session held on 27 March 2007, based on § 1 of art. 14 of Law No. 9.613 of 3 March 1998, resolved:

Article 1

The persons listed in article 9 of Law 9.613 of 3 March 1998 and regulated by COAF shall, in addition to the provisions of their respective Resolutions, immediately communicate to COAF any operations performed or services rendered, or any proposals for their execution or provision, regardless of value, that:

1. I – involve Osama Bin Laden, members of the Al‑Qaeda organization, members of the Taliban, other persons, groups, companies or entities associated with them, as per Decrees No. 3,267 of 30 November 1999, No. 3,755 of 19 February 2001, No. 4,150 of 6 March 2002, and No. 4,599 of 19 February 2003, which implement UN Security Council Resolutions No. 1,267 of 15 October 1999, No. 1,333 of 19 December 2000, No. 1,390 of 16 January 2002, and No. 1,455 of 17 January 2003, respectively; the list of persons and entities is available at: http://www.un.org/sc/committees/1267/pdf/AQList.pdf;

2. II – involve the former government of Iraq or its state entities, companies or agencies located outside Iraq, as well as funds or other financial assets or economic resources that have been removed from Iraq or acquired by Saddam Hussein or other senior officials of the former Iraqi regime and their closest family members, including entities owned or controlled, directly or indirectly, by them or by persons acting on their behalf or under their direction, as per Decree No. 4,775 of 9 July 2003, which provides for the implementation of UN Security Council Resolution No. 1,483 of 22 May 2003; the list of persons and entities is available at: http://www.un.org/Docs/sc/committees/IraqKuwait/IraqSanctions-CommEng.htm;

3. III – involve persons who perpetrate or intend to perpetrate terrorist acts or who participate in or facilitate such acts, as well as entities belonging to or controlled, directly or indirectly, by those persons, and persons or entities acting in their name or under their command, as per Decree No. 3,976 of 18 October 2001, which provides for the implementation of UN Security Council Resolution No. 1,373 of 28 September 2001;

4. IV – may constitute serious indications of terrorist financing activities, as defined in the International Convention for the Suppression of the Financing of Terrorism, incorporated into national law by Decree No. 5,640 of 26 December 2005;

5. V – may constitute serious indications of the crimes provided for in articles 8 to 29 of Law No. 7,170 of 14 December 1983.

Article 2

To the persons mentioned in Article 1, as well as to their administrators when the person is a legal entity, who fail to comply with the obligations of this Resolution, the sanctions provided in Article 12 of Law 9.613 of 1998 shall be applied, cumulatively or not, by COAF, in the manner set forth in Decree No. 2,799 of 1998 and Ministry of Finance Order No. 330 of 18 December 1998.

Article 3

This Resolution enters into force on the date of its publication.

Brasília, 28 March 2007

ANTONIO GUSTAVO RODRIGUES

PRESIDENT

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Published in the Official Gazette on 30.03.2007