Rulebook on Reporting to the Office for the Prevention of Money Laundering about Cash Transactions of 10,000.00 EUR or More

Croatian Financial Services Supervisory Agency, 10000 Zagreb, Franje Račkoga 6, P.O. Box 164, Croatia t: 01 6173 200, f: 01 4811 507, e: info@hanfa.hr, OIB: 49376181407, MB: 02016419, w: www.hanfa.hr

RULEBOOK
ON REPORTING TO THE OFFICE FOR THE PREVENTION OF MONEY LAUNDERING ABOUT CASH TRANSACTIONS IN THE AMOUNT OF 10,000.00 EUR AND MORE ("Narodne novine", No. 1/19 and 11/23 – unofficial consolidated text)

I. INTRODUCTORY PROVISIONS

Article 1.
This Rulebook prescribes the manner and scope of submitting data on cash transactions in the amount of 10,000.00 EUR and more (hereinafter: cash transaction), additional data that the obligors from Article 9 of the Act (hereinafter: Obligor) are required to submit to the Ministry of Finance, the Office for the Prevention of Money Laundering (hereinafter: Office), and the conditions under which the Obligor is not required to notify the Office of a cash transaction.

II. SUBMISSION OF DATA ON CASH TRANSACTIONS

Article 2.
(1) The Obligor is required to submit the cash transaction to the Office on the Form for notifying the Office for the Prevention of Money Laundering about cash transactions in the amount of 10,000.00 EUR and more (Form UZSPN-O-61, hereinafter: Form), which together with the attachment to the Form and the Instructions for filling out the Form for notifying the Office for the Prevention of Money Laundering about cash transactions in the amount of 10,000.00 EUR and more (hereinafter: Instructions) constitutes an integral part of this Rulebook.

(2) The Obligor shall enter the following data into the Form:

1. from Article 20, paragraphs 11 and 12 of the Act;
2. whether the party for whom the transaction is performed is a politically exposed person, in cases where the party for whom the transaction is performed has an established business relationship with the Obligor;
3. whether the recipient of the transaction is a politically exposed person, in cases where the recipient of the transaction has an established business relationship with the Obligor;
4. whether the beneficial owner of the party for whom the transaction is performed is a politically exposed person, in cases where the party for whom the transaction is performed has an established business relationship with the Obligor;
5. whether the beneficial owner of the recipient of the transaction is a politically exposed person, in cases where the recipient of the transaction has an established business relationship with the Obligor.

(3) In addition to the data from paragraph 2 of this Article, the Obligor shall also enter data on:

1. the number of the transaction account, the date of opening the transaction account, the name of the bank at which the account of the party for whom the transaction is performed is opened, and the data on the country of the bank's seat;
2. the number of the transaction account, the date of opening the transaction account, the name of the bank at which the account of the recipient of the transaction is opened, and the data on the country of the bank's seat;
3. the place where the business relationship was established;
4. the personal identification number (OIB) of the beneficial owner of the party, if this data is available to the Obligor;
5. the identification number of the beneficial owner of the party, if this data is available to the Obligor.

(4) The Obligor is required to fill out the Form in the manner prescribed by the Instructions.

(5) In cases where the data in the Form are not filled out in the manner prescribed by the Instructions, are illegible (illegible handwriting, illegible letters), the Obligor is required to submit the correctly filled out Form in the manner and within the time limit determined by the Office.

Conditions under which the obligor is not required to notify the Office of a cash transaction

Article 3.
The Obligor from Article 9, paragraph 2, point 1 of the Act is not required to notify the Office of a cash transaction relating to:

1. deposit of cash based on daily turnover from the sale of goods or services;
2. purchase of foreign currency or the difference between the purchase and sale of foreign currency which the Obligor from Article 9, paragraph 2, point 15 of the Act, in accordance with regulations governing exchange business, sells to the Obligor from Article 9, paragraph 2, point 1 of the Act (contractual bank).

III. MANNER OF SUBMITTING DATA

Article 4.
(1) The Obligor is required to submit data on the cash transaction to the Office on Form UZSPN-O-61 from Article 2, paragraph 1 of this Rulebook, in one of the following ways:

1. by electronic data transmission (electronic Form) or
2. in physical form (printed Form), by mail or telefax.

Electronic data transmission

Article 5.
(1) The Obligor from Article 9, paragraph 2, points 1 and 4 of the Act is required to submit the cash transaction to the Office by electronic data transmission using the Office's application system.

(2) The mutual rights and obligations arising from the use of the Office's application system are regulated by an agreement between the Ministry of Finance and the Obligor.

(3) Exceptionally from the provision of paragraph 1 of this Article, other Obligors may also submit the cash transaction to the Office by electronic data transmission using the Office's application system.

Article 6.
(1) The Obligor who submits the cash transaction by electronic data transmission, using the Office's application system, is required to submit data in the manner and in accordance with the Technical Instructions for using the Office's application system.

(2) It is considered that the Obligor has submitted the cash transaction at the moment when the electronic Form is recorded on the server for receiving data.

(3) In justified cases of technical impossibility of submitting data (e.g., system failure) in the manner described in Article 5 of this Rulebook, the Obligor is required without delay to notify the Office thereof and, according to the Office's instructions, ensure the submission of data in physical form (printed Form), by mail or telefax.

(4) At the moment when the reasons for technical impossibility of submitting the cash transaction cease, the Obligor is required to submit the cash transaction which was submitted in the manner from paragraph 3 of this Article, by electronic data transmission using the Office's application system, no later than within 3 days from the day the circumstances causing such technical impossibility ceased.

IV. TRANSITIONAL AND FINAL PROVISIONS

Article 7.
With the entry into force of this Rulebook, the Rulebook on notifying the Office for the Prevention of Money Laundering about cash transactions in the amount of 200,000.00 kuna and more and on the conditions under which obligors are not required to notify the Office of a cash transaction for certain parties ("Narodne novine", No. 1/09) ceases to be valid.

Article 8.
This Rulebook enters into force on the first day from the day of publication in "Narodne novine".

FINAL PROVISION
Rulebook on amendments to the Rulebook on notifying the Office for the Prevention of Money Laundering about cash transactions in the amount of 200,000.00 kuna and more (Narodne novine, No. 11/23), entered into force on January 31, 2023.

Article 3.
This Rulebook enters into force on the first day from the day of publication in "Narodne novine".

INSTRUCTIONS
ON THE MANNER OF FILLING OUT THE FORM FOR NOTIFYING THE OFFICE FOR THE PREVENTION OF MONEY LAUNDERING ABOUT CASH TRANSACTIONS IN THE AMOUNT OF 10,000.00 EUR AND MORE

These Instructions prescribe the manner in which obligors applying measures, actions, and procedures for the prevention and detection of money laundering and financing of terrorism (hereinafter: Obligor) fill out the Form for notifying the Office for the Prevention of Money Laundering about cash transactions in the amount of 10,000.00 EUR and more (hereinafter: Form) which, in accordance with the provisions of Articles 61 of the Act on the Prevention of Money Laundering and Financing of Terrorism (hereinafter: Act), they submit to the Office for the Prevention of Money Laundering (hereinafter: Office). An integral part of the Form is the attachment for notifying the Office for the Prevention of Money Laundering about cash transactions in the amount of 10,000.00 EUR and more with Instructions.

The Form contains 53 fields into which the Obligor enters data or in front of which fields the Obligor marks the offered options in a square in front of the text. We note that depending on the type of transaction participant; the fact whether the participant in the transaction has an established business relationship with the Obligor or does not have an established business relationship with the Obligor, not all fields in the Form are mandatory, but it is necessary to enter the data that the Obligor is required to collect in accordance with the provisions of the Act and subordinate acts.

If data are submitted on a printed form using a recommended postal shipment, telefax, or via a courier, they must be filled out legibly, in block letters, and without subsequent alteration.

In Chapter A of the Form "DATA ON TRANSACTION AND FUNDS" (fields 1 to 7), the Obligor enters and marks data on the cash transaction in the amount of 10,000.00 EUR and more.

1. In field 1 "Manner of conducting the transaction", the Obligor marks the manner of conducting the transaction by entering the mark X in the field in front of the text.
2. In field 2 "Date and time of conducting the transaction", the Obligor enters the day, month, and year, and the hour and minute of conducting the transaction using numerical designations.
3. In field 3 "Purpose (intention) of the transaction", the Obligor marks the purpose or intention of the transaction by entering the mark X in the field in front of the text. In the field "Explanation", the Obligor may also enter an explanation of the marked purpose (intention) of the transaction, or specify the purpose (intention) of the transaction which is not offered in the text.
4. In field 4 "Currency code", the Obligor enters the three-letter country code according to the international standard ISO 4217.
5. In field 5 "Amount in currency", the Obligor enters the amount of the transaction in the currency in which the transaction is conducted.
6. In field 6 "Value in euros", the Obligor enters the value of the transaction in euros.
7. In field 7 "Data on the source of funds subject to cash deposit or exchange transaction", the Obligor enters data on the source of the cash deposit or funds subject to the exchange transaction.

In Chapter B of the Form "ORDERER OF THE TRANSACTION – NATURAL PERSON WHO REQUESTS OR PERFORMS THE TRANSACTION" (fields 8 to 15), the Obligor enters and marks data on the natural person who requests or performs the transaction at the obligor.

1. In field 8 "Transaction performed by", the Obligor marks whether the transaction is performed or requested by one person or two or more persons by entering the mark X in the field in front of the text. If the transaction is performed by two or more persons, the first person is entered into the Form, and the other persons are entered in the attachment to the Form.
2. In field 9 "Surname" and "First name", the surname and first name of the natural person who requests or performs the transaction are entered.
3. In field 10 "Personal Identification Number (OIB)", the Obligor enters the personal identification number determined by the law governing the personal identification number for the natural person who requests or performs the transaction.
4. In field 11 "Identification number", the Obligor enters the identification number for the natural person who requests or performs the transaction, for whom the Obligor does not possess the data on the personal identification number determined by the law governing the personal identification number.
5. In field 12 "Residence", the Obligor enters the street and house number, place, and country (three-letter country code according to the international standard ISO 4217) of the residence of the natural person who requests or performs the transaction.
6. In field 13 "Date of birth", the Obligor enters the day, month, and year of birth of the orderer of the transaction using numerical designations.
7. In field 14 "Identification document", the Obligor marks the type of identification document (official personal document with a photograph issued by the competent domestic or foreign state body) by entering the mark X in the field in front of the text. The Obligor enters the following data: document number, issuing authority, country (three-letter country code according to the international standard ISO 4217) of the issuing authority.
8. In field 15 "Orderer performs transaction for", the Obligor marks for whom the orderer performs the transaction by entering the mark X in the field in front of the text.

In Chapter C of the Form "PARTY FOR WHOM THE TRANSACTION IS PERFORMED" (fields 16 to 26), the Obligor enters and marks data on the party (natural or legal person for whom the transaction is performed).

1. In field 16 "Transaction performed in the name or for the account of", the Obligor marks whether the transaction is performed in the name or for the account of one or two or more parties by entering the mark X in the field in front of the text. If the transaction is performed for two or more parties, data for the first party are entered into the Form, and data for the other parties are entered in the attachment to the Form.
2. In field 17 "Party is", the Obligor marks the type of party by entering the mark X in the field in front of the text.
3. In field 18 "Party is a politically exposed person", the Obligor marks whether the party is a politically exposed person. The Obligor marks this data only in cases where the party for whom the transaction is performed is a natural person.
4. In field 19 "Surname", "First name", "Name of legal entity or other legal entity and other subject equal to it", the Obligor enters the surname and first name for the party for whom the transaction is performed which is a natural person, or the name for the legal entity and other subject equal to it.
5. In field 20 "Personal Identification Number (OIB)", the Obligor enters the personal identification number determined by the law governing the personal identification number for the party for whom the transaction is performed.
6. In field 21 "Identification number", the Obligor enters the identification number for the party for whom the transaction is performed, for whom the Obligor does not possess the data on the personal identification number determined by the law governing the personal identification number.
7. In field 22 "Residence / Seat", the Obligor enters the street and house number, place, and country (three-letter country code according to the international standard ISO 4217) of the residence or seat of the party for whom the transaction is performed.
8. In field 23 "Citizenship", the Obligor enters the citizenship of the party for whom the transaction is performed which is a natural person. The Obligor enters the three-letter country code according to the international standard ISO 4217.
9. In field 24 "Date of birth", the Obligor enters the day, month, and year of birth for the party for whom the transaction is performed which is a natural person using numerical designations.
10. In field 25 "Identification document", the Obligor marks for the party for whom the transaction is performed which is a natural person, the type of identification document (official personal document with a photograph issued by the competent domestic or foreign state body) by entering the mark X in the field in front of the text. The Obligor enters the following data: document number, issuing authority, country (three-letter country code according to the international standard ISO 4217) of the issuing authority.
11. In field 26, the Obligor enters data on the account number according to the IBAN structure if available to the Obligor, the day, month, and year of opening the account on which the transaction was performed if the account is opened with the Obligor, the name of the bank in which the account is opened, and the three-letter country code (according to the international standard ISO 4217) of the bank in which the account is opened.

In Chapter C.1 of the Form "DATA ON THE NATURAL PERSON BENEFICIAL OWNER OF THE PARTY FOR WHOM THE TRANSACTION IS PERFORMED WHICH IS A LEGAL ENTITY" (fields 27 to 33), the Obligor enters and marks data on the natural person who is the beneficial owner of the party (legal entity) for whom the transaction is performed. If there are multiple beneficial owners, data for the first beneficial owner are entered into the Form, and data for the other beneficial owners are entered in the attachment to the Form for cash transactions.

1. In field 27 "Surname" and "First name", the Obligor enters the surname and first name of the natural person who is the beneficial owner of the party for whom the transaction is performed.
2. In field 28 "Residence", the Obligor enters the country of residence of the natural person who is the beneficial owner of the party for whom the transaction is performed. The Obligor enters the three-letter country code according to the international standard ISO 4217.
3. In field 29 "Citizenship", the Obligor enters the citizenship of the natural person who is the beneficial owner of the party for whom the transaction is performed. The Obligor enters the three-letter country code according to the international standard ISO 4217.
4. In field 30 "Personal Identification Number (OIB)", the Obligor, if this data is available to him, enters the personal identification number, determined by the law governing the personal identification number, for the natural person who is the beneficial owner of the party for whom the transaction is performed.
5. In field 31 "Identification number", the Obligor, if this data is available to him, enters the identification number for the natural person who is the beneficial owner of the party for whom the transaction is performed.
6. In field 32 "Date of birth", the Obligor enters the day, month, and year of birth for the natural person who is the beneficial owner of the party for whom the transaction is performed using numerical designations.
7. In field 33 "Party is a politically exposed person", the Obligor marks whether the natural person who is the beneficial owner of the party for whom the transaction is performed is a politically exposed person.

In Chapter D of the Form "RECIPIENT OF THE TRANSACTION – PERSON TO WHOM THE TRANSACTION IS INTENDED" (fields 34 to 44), the Obligor enters and marks data on the recipient of the transaction (natural or legal person). If the recipient of the transaction does not have an established business relationship with the obligor, the obligor in Chapter D enters and marks data in fields 35, 37, and 40, and the data on "Personal Identification Number (OIB)" or "Identification number" if this data is available to the Obligor.

1. In field 34 "Transaction is intended for", the Obligor marks whether the transaction is intended for one recipient or for two or more recipients by entering the mark X in the field in front of the text. If the transaction is intended for two or more recipients, data for the first recipient are entered into the Form, and data for the other recipients are entered in the attachment to the Form.
2. In field 35 "Recipient is", the Obligor marks the type of recipient by entering the mark X in the field in front of the text.
3. In field 36 "Recipient of the transaction is a politically exposed person", the Obligor marks whether the recipient of the transaction is a politically exposed person. The Obligor marks this data only in cases where the recipient of the transaction is a natural person.
4. In field 37 "Surname", "First name", "Name of legal entity or other legal entity and other subject equal to it", the Obligor enters the surname and first name for the recipient of the transaction which is a natural person, or the name for the legal entity and other subject equal to it.
5. In field 38 "Personal Identification Number (OIB)", the Obligor enters the personal identification number determined by the law governing the personal identification number for the recipient of the transaction.
6. In field 39 "Identification number", the Obligor enters the identification number for the recipient of the transaction, for whom the Obligor does not possess the data on the personal identification number determined by the law governing the personal identification number.
7. In field 40 "Residence / Seat", the Obligor enters the street and house number, place, and country (three-letter country code according to the international standard ISO 4217) of the residence or seat of the recipient of the transaction.
8. In field 41 "Citizenship", the Obligor enters the citizenship of the recipient of the transaction who is a natural person. The Obligor enters the three-letter country code according to the international standard ISO 4217.
9. In field 42 "Date of birth", the Obligor enters the day, month, and year of birth for the recipient of the transaction who is a natural person using numerical designations.
10. In field 43 "Identification document", the Obligor marks for the recipient of the transaction who is a natural person, the type of identification document (official personal document with a photograph issued by the competent domestic or foreign state body) by entering the mark X in the field in front of the text. The Obligor enters the following data: document number, issuing authority, country (three-letter country code according to the international standard ISO 4217) of the issuing authority.
11. In field 44, the Obligor enters data on the account number according to the IBAN structure if available to the Obligor, the day, month, and year of opening the account on which the transaction was performed if the account is opened with the Obligor, the name of the bank in which the account is opened, and the three-letter country code (according to the international standard ISO 4217) of the bank in which the account is opened.

In Chapter D.1 of the Form "DATA ON THE NATURAL PERSON BENEFICIAL OWNER OF THE RECIPIENT OF THE TRANSACTION WHICH IS A LEGAL ENTITY (IF THE LEGAL ENTITY IS THE RECIPIENT, PARTY WITH THE OBLIGOR)" (fields 45 to 51), the Obligor enters and marks data on the natural person who is the beneficial owner of the recipient (legal entity) of the transaction. The Obligor enters data if the legal entity recipient of the transaction has an established business relationship with the obligor. If there are multiple beneficial owners, data for the first beneficial owner are entered into the Form, and data for the other beneficial owners are entered in the attachment to the Form for cash transactions.

1. In field 45 "Surname" and "First name", the Obligor enters the surname and first name of the natural person who is the beneficial owner of the recipient of the transaction.
2. In field 46 "Residence", the Obligor enters the country of residence of the natural person who is the beneficial owner of the recipient of the transaction. The Obligor enters the three-letter country code according to the international standard ISO 4217.
3. In field 47 "Citizenship", the Obligor enters the citizenship of the natural person who is the beneficial owner of the recipient of the transaction. The Obligor enters the three-letter country code according to the international standard ISO 4217.
4. In field 48 "Personal Identification Number (OIB)", the Obligor, if this data is available to him, enters the personal identification number, determined by the law governing the personal identification number, for the natural person who is the beneficial owner of the recipient of the transaction.
5. In field 49 "Identification number", the Obligor, if this data is available to him, enters the identification number for the natural person who is the beneficial owner of the recipient of the transaction.
6. In field 50 "Date of birth", the Obligor enters the day, month, and year of birth for the natural person who is the beneficial owner of the recipient of the transaction using numerical designations.
7. In field 51 "Party is a politically exposed person", the Obligor marks whether the natural person who is the beneficial owner of the recipient of the transaction is a politically exposed person.

In Chapter E. "DATA ON THE OBLIGOR WHO SUBMITS THE NOTICE TO THE OFFICE" (field 52), the Obligor who submits the notice to the Office enters their name.
The Obligor also enters the place (name of the city) of the organizational unit of the obligor at which the cash transaction was performed or requested.

In Chapter E.1. "AUTHORIZED PERSON OF THE OBLIGOR" (field 53), the Obligor enters the surname and first name of the authorized person of the obligor or their deputy who submits the notice to the Office. The Obligor enters the day, month, and year of submitting the notice to the Office using numerical designations.

INSTRUCTIONS
ON THE MANNER OF FILLING OUT THE ATTACHMENT TO THE FORM FOR NOTIFYING THE OFFICE FOR THE PREVENTION OF MONEY LAUNDERING ABOUT CASH TRANSACTIONS IN THE AMOUNT OF 10,000.00 EUR AND MORE

These Instructions prescribe the manner in which obligors applying measures, actions, and procedures for the prevention and detection of money laundering and financing of terrorism (hereinafter: Obligor) fill out the Attachment to the Form for notifying the Office for the Prevention of Money Laundering about cash transactions in the amount of 10,000.00 EUR and more (hereinafter: Attachment) which, in accordance with the provisions of Articles 61 of the Act on the Prevention of Money Laundering and Financing of Terrorism (hereinafter: Act), they submit to the Office for the Prevention of Money Laundering (hereinafter: Office).

The Attachment must be filled out if the transaction is performed or requested by multiple persons, if the transaction is performed or requested in the name and for the account of multiple parties, if the transaction is intended for multiple recipients, if there are multiple beneficial owners, and in all cases where the transaction consists of multiple currencies.

The Attachment contains 46 fields into which the Obligor enters data or in front of which fields the Obligor marks the offered options in a square in front of the text. We note that depending on the type of transaction participant; the fact whether the participant in the transaction has an established business relationship with the Obligor or does not have an established business relationship with the Obligor, not all fields in the Attachment are mandatory, but it is necessary to enter the data that the Obligor is required to collect in accordance with the provisions of the Act and subordinate acts. If data are sub