Jordan Anti Money Laundering Law

Article (1) This law shall be called “Anti Money Laundering Law of the year 2007” and shall enter into effect after thirty days of its publication in the Official Gazette.
Article (2) The following words and phrases, wherever mentioned in this law shall have the
meanings indicated thereto here-under, unless otherwise indicated by context:
A- The Committee : The National Committee of Anti Money Laundering formed
pursuant to the provisions of this law.
The Governor : The Governor of the Central Bank.
The Unit : The Anti Money Laundering Unit established pursuant to the
provisions of this law.
Funds : Any thing or right which has material value in dealing, legal
documents and instruments in any form including electronic or
digital forms evidencing ownership or interest in it including
bank accounts, financial securities, commercial papers,
traveler’s checks, remittances, letters of guarantee and letters of
credit.
Proceeds : Funds derived or yielded directly or indirectly from
committing any of the crimes stipulated in article (4) of this
law.
Money
Laundering
: Every conduct involving acquisition, possession, disposing of,
moving, managing, keeping, exchanging, depositing, investing
of funds or manipulating it’s value or movement and
transferring, or any action that leads to conceal or disguise it’s
source, origin, nature, place, disposition mean, ownership or
related rights, with knowledge that the funds are proceeded of
one of the crimes stipulated in article (4) of this law.
Suspicious
Transactions
: Any transaction thought for any justified reason that it is
related to proceeds of any crime of those stipulated in article
(4) of this law.
The Counterpart
Unit
: The Unit which is granted according to valid laws of any
country the necessary competencies to combat money
laundering transactions and its different uses, and subject
within performing its tasks to sufficient legal rules of
information confidentiality obligation.
parties Subject to
the Provisions of
This Law
: The parties referred to in article (13) of this law.
Cross Border
Transported
Money
: Cash and financial instruments that can be traded whether in
Jordanian dinar, foreign currencies, precious metals and
stones.
B- For the purposes of this law, the definitions mentioned in the Penal Trails
Procedures Law, the Penal Code, or any other law criminalizing acts mentioned in
this law, which all shall apply accordingly. In addition, definitions mentioned in
any law related to the competent regulating and supervising authorities that are
required to monitor parties subject to the provisions of this law or other laws that
these parties are confided to apply, provided that no contradiction shall occur
between the definitions mentioned in this paragraph with the provisions of this law.
Article (3) It is prohibited to launder proceeds resulting from any of the crimes stipulated in article
(4) of this law whether such crimes are committed inside or outside the Kingdom,
provided that the act should be subject to penalty in accordance with the valid law of
the country in which the act has been performed.
Article (4) Any money proceeded as a result of the following crimes is considered to be related to
money laundering:
A- Any crime that is punished with felony penalty in accordance with valid
legislations in the Kingdom, or crimes that any other valid legislation considers
its proceeds to be subject to money laundering crime.
B- Crimes stipulated by international agreements, to which Jordan adheres, that
consider the proceeds of such crimes to be subject to money laundering crime,
provided that the Jordanian law punishes such crimes.
Article (5) A committee shall be formed and named (The National Committee of Anti Money
Laundering) shall be chaired by the Governor of Central Bank and shall consist of the
following membership:
A- Deputy Governor of the Central Bank, named by the Governor, as the deputy
Chairman of the Committee.
B- Secretary General of Ministry of Justice.
C- Secretary General of Ministry of Interior.
D- Secretary General of Ministry of Finance.
E- Secretary General of Ministry of Social Development.
F- Director of Insurance Commission.
G- Controller General of Companies.
H- A Commissioner of Securities Commission Council named by the executive
chairman.
I- The head of the Unit.
Article (6) A- The Committee undertakes the following tasks and authorities:
1. Formulation of general policy of anti money laundering.
2. Supervision over the implementation of the tasks assigned to the Unit.
3. Facilitation of the exchange of information related to money laundering
transactions and coordination among the related parties.
4. Participation in international forums related to the general policy of anti
money laundering.
5. Proposition of necessary Regulations to implement provisions of this law.
6. The Study of annual reports submitted by the Unit concerning anti money
laundering activities within the Kingdom.
7. Coordination and empowerment of competent parties for the purposes of
preparing periodic statistics about numbers of suspicious transactions,
number of investigations, issued convictions related to such transactions ,
confiscated or frozen properties, and mutual legal assistance.
8. Approval and adoption of a budget for the Unit as proposed by the Unit head.
B- Committee meetings, the necessary quorum for its meetings, decisions making
and recommendations, conduct of work, and other issues shall be identified in a
Regulation to be issued for this purpose.
Article (7) An independent Unit is established in the Central Bank called (Anti-Money Laundering
Unit) tasked with receiving reports mentioned in paragraph (c) of article (14) of this
law, requesting and analyzing related information then providing competent local
authorities with such information when necessary.
Article (8) Once sufficient supporting information is available to suspect a money laundering
suspicious transaction; the Unit shall prepare a report for submission to the Prosecution
General, attaching all available related documents and records.
Article (9) The Head and Staff of the Unit are appointed by the Committee Chairman.
Article (10) The Unit’s sources of funds, operations, supervision over staff, rights and
competencies, methods of appointment, and all other related issues needed to
commence its operations shall be identified in a Regulation issued for this purpose.
Article (11) A- The Chairman, members of the committee and the Unit’s staff are prohibited
from disclosing directly or indirectly any information they have access to or
know, as being part of their work. Disclosure of information shall be only for
those purposes stated in this law. Prohibition of disclosure remains in effect until
after termination or completion of their work with the committee and the Unit.
B- The prohibition stipulated in paragraph (a) of this article applies to all those who,
directly or indirectly, have access to or know information as being part of their
work whether submitted or exchanged in accordance with provisions of this law,
bylaws and regulations issued accordingly.
Article (12) In spite of what is mentioned in article (11) of this law, the Unit may disseminate
periodic statistics about numbers of suspicious transactions that have been received,
convictions, confiscated or frozen assets, and mutual legal assistance
Article (13) The following financial parties are obliged to perform procedures mentioned in article
(14) of this law:
A- Banks operating in the Kingdom, and branches of the Jordanian banks operating
abroad.
B- Foreign Exchange companies and money transfer companies.
C- Companies performing any of the activities that are subject to control and license
of Securities Commission.
D- Any natural or legal person, performing any activities that are subject to control
and license of Insurance Commission.
E- Financial companies that their articles of association and memorandum of
agreement state that among their purposes is to perform any of the following
financial activities:
1. Granting all types of credit.
2. Providing payment and collection services.
3. Issuing and administrating instruments of payments and credit.
4. Trading in money and capital market instruments to its own account or for its
customers’ account.
5. Purchasing and selling debts with or without the right of recourse.
6. Financial leasing.
7. Managing investments and financial assets for others.
8. Companies trading with real estate and their development, and trading with
valuable metals and precious stones
Article (14) The parties subject to the provisions of this law are obliged to the following:
A- Undertake with due diligence the identification of customer, legal status, activity
of the customer and the beneficiary owner of the relationship between them and
the customer, and the continuous follow up of transactions that are conducted
through an ongoing relationship with their customers.
B- Refrain from dealing with anonymous persons, persons of fictitious or
anonymous names or shell banks.
C- Report immediately to the Unit any suspicious transaction whether such
transactions are conducted or not, by the means or the form approved by the Unit.
D- Comply with all instructions issued by competent regulatory parties to implement
provisions of this law.
Article (15) It is prohibited to disclose by any means directly or indirectly, to a customer,
beneficiary or to other than the competent authorities and parties mandated to
implement the provisions of this law about any procedure of reporting, verification or
investigation taken regarding the suspicious transactions.
Article (16) The penal, civil, administrative or disciplinary responsibilities are not applied to any
natural or legal person mentioned in article (13) of this law who in good will, reports
any suspicious transaction or submits information or data in accordance with provisions
of this law.
Article (17) A- Considering what mentioned in article (15) of this law, the Unit has the right to
request from any party obliged to reporting suspicious activities as stipulated in
paragraph (c) of article (14) of this law, any additional information considered
necessary to the performance of its duties if it is related to information previously
received during commencing its tasks or upon request from the counterpart units.
B- Parties obliged to report, shall provide the Unit with information mentioned in
paragraph (a) of this article within the specified time period.
Article (18) The Unit has the right to request and coordinate with the following parties to provide
additional information related to the reports received if it is considered necessary to
perform its tasks or upon a request from counterpart units:
A- Judiciary parties.
B- Regulatory and supervisory parties performing their authority on parties subject
to provisions of this law.
C- Other administrative or security parties.
Article (19) The Unit has the right to exchange information with the counterpart units on a
reciprocal basis provided that the information shall be utilized to prevent money
laundering; also approval of the counterpart unit that provided such information is
requested. The Unit has the right to sign memorandum of understanding with
counterpart units to organize cooperation in this regard.
Article (20) A- Each individual entering the Kingdom shall declare on the approved form
prepared for this purpose the cross-borders transported money if its value
exceeds the threshold set by the committee.
B- The Customs Department shall keep and preserve all cross-borders transported
money declaration forms. The Unit has the authority to use such forms when it
deems necessary.
Article (21) The Customs Department has the right to seize or retain the cross-boarder transported
money in the event of non-declaration, false information about it is provided, or in any
case of suspicious transaction, and shall inform the Unit immediately. The Unit shall
issue a decision within a maximum one week from the date of being informed
regarding such money whether to return the money back to its owner or refer to
judiciary.
Article (22) To achieve the intended purposes of this law, the Jordanian judiciary parties shall
cooperate with foreign judiciary parties; in particular regarding the assistance, judiciary
representation, extradition of accused and convicted individuals and proceeds, in
addition to the requests of foreign parties to pursue, freeze or seize funds related to
money laundering crimes in accordance with rules set by Jordanian legislations and
bilateral or multilateral agreements in which Jordan is part of, and on reciprocal basis
without any prejudice to the rights of the persons who have good will.
Article (23) A- Jordanian judiciary parties have the right to order the implementation of the
requests of foreign judiciary parties to confiscate proceeds related to money
laundering crimes in accordance with rules set by Jordanian legislations and
bilateral or multilateral agreements in which Jordan is part of.
B- The funds yield which a final confiscation judgment had been issued regarding
them shall be distributed according to the provisions of this law in accordance
with agreements held in this regard.
Article (24) Without any prejudice to any severe penalty set by the Penal Code or any other law, the
following penalties are imposed on crimes indicated thereto hereunder as follows:
A- Temporary hard labor for a period not to exceed five years and a fine of not less
than ten thousand dinars and not to exceed one million dinars on each individual
who commits money laundering crime stipulated in this law.
B- The accessory, the intervener and the instigator shall be punished with the same
penalty imposed on the main actor.
C- In all cases, the penalty shall be doubled in the event of repetition.
Article (25) A- Imprisonment for a period not to exceed six months or a fine not less than one
thousand dinars and not to exceed ten thousand dinars or both penalties if any
individual violates any of the provisions of articles (11), (14) and (15) of this law.
B- Whoever violates the provision of paragraph (a) of article (20) of this law shall
be panelized with a fine not less than (10%) of the non-declared funds value.
Article (26) A- In addition to what is mentioned in article (24) of this law, in all cases material
proceeds or equivalent value shall be confiscated if it is difficult to seize, execute
or was disposed to others who have a good will.
B- If proceeds are mixed with other legitimate sources assets, such assets are subject
to confiscation as stated in this article and within the limits of the estimated value
of the proceeds and its product.
Article (27) The Attorney General or Prosecutor General shall exercise authority over crimes of
money laundering as stipulated by this law and according to the valid Penal Trials
Procedures Law.
Article (28) A- In spite of what mentioned in any other legislation, the precautionary seizure
conducted by Prosecution General, the prosecutor General or the competent court
in accordance with provisions of this law shall stop all current procedures and
transactions conducted on that fund.
B- The harmed individual of the seizure decision may challenge the decision at the
authorized court.
Article (29) Provisions related to banking confidentiality stipulated in any other law shall not hinder
the implementation of any provisions of this law.
Article (30) The Cabinet shall issue necessary Regulations to implement provisions of this law.
Article (31) The Committee shall set the Instructions related to:
A- Measures and basis related to reporting the suspicious transactions and forms that
are set by the Unit, and organizing the procedures taken by the Unit once the
report is received.
B- Controls related to declare cross border transported money and declaration
related procedures.
Article (32) The Prime Minister and Ministers are entrusted with the implementation of the
provisions of this law.

 

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