Draft Decree on the Freezing, Seizure, and Attachment of Assets Related to Terrorists or Terrorist Financing
【草案·未生效】关于冻结、扣押和查封与恐怖分子或恐怖融资相关资产的政令草案
"ຮ່າງ"ດຳລັດວ່າດ້ວຍ ການກັກ, ການຍຶດ ແລະ ການອາຍັດທຶນ ທີ່ພົວພັນກັບຜູ້ກໍ່ການຮ້າຍ ຫຼື ການສະໜອງທຶນໃຫ້ແກ່ການກໍ່ການຮ້າຍ
Articles
Article ມາດຕາ 1
Article 2 Freezing, Seizure and Confiscation of Funds Related to Terrorists or Financing of Terrorism
Freezing, seizure and confiscation of funds related to terrorists or financing of terrorism are the freezing, seizure and confiscation of funds as stipulated in the Law on Anti-Money Laundering and Combating the Financing of Terrorism in order to prevent, restrict and suppress activities, behaviors or actions related to terrorists or financing of terrorism which endanger national security, the national economic system and cause damage to the socio-economic foundation.
The freezing, seizure and confiscation of funds related to terrorists or financing of terrorism as stipulated in paragraph 1 of this Article are the freezing, seizure and confiscation of funds of persons designated in the list related to terrorists or financing of terrorism, which includes the domestic list and the list of the United Nations Organization “UN”.
Article ມາດຕາ 2
Article 3 Definition of Terms
The terms used in this Decree shall have the following meanings:
1. Financing of terrorism means activities or acts as defined in the Law on Anti-Money Laundering and Combating the Financing of Terrorism;
2. Terrorism means acts as defined in the Law on Anti-Money Laundering and Combating the Financing of Terrorism;
3. Domestic list means the determination of names of individuals, legal entities or organizations that engage in or commit acts of terrorism or financing of terrorism by various means, to be included in the list of persons associated with terrorists or financing of terrorism within the country, based on the sources as specified in Article 9 of this Decree;
4. United Nations list means the list of persons associated with terrorists or financing of terrorism, which includes names of individuals, legal entities or organizations designated by the United Nations Security Council or a committee of the United Nations Security Council established under United Nations Security Council Resolutions No. 1267 (1999), 1988 (2011), 1989 (2011), 2253 (2015) and other resolutions as amended or supplemented from time to time, without the need for further research and approval by the National Committee for Anti-Money Laundering and Combating the Financing of Terrorism (AML Committee);
5. Funds subject to freezing, seizure and confiscation means funds as defined in the Law on Anti-Money Laundering and Combating the Financing of Terrorism that are related to persons designated in the domestic list and the United Nations list, as follows:
1) Funds and proceeds derived from funds that are owned, possessed or controlled, directly or indirectly, in whole or in part, by persons designated in the list of persons associated with terrorists or financing of terrorism;
2) Funds used or intended to be used for terrorism or financing of terrorism;
3) Funds provided or intended to be provided for terrorism, including funds derived from acts of terrorism.
6. Reporting entity means the entity with reporting obligations as defined in the amended Law on Anti-Money Laundering and Combating the Financing of Terrorism;
7. Similar or identical name means the name of an individual, legal entity or organization that is similar or identical to a person designated in the domestic list or the United Nations list, for which the reporting entity, postal enterprise and other sectors have applied preliminary measures to freeze funds upon notification by the Ministry of Public Security, Ministry of Technology and Communications and the AML Committee;
8. Immediately means taking action within 24 hours from the time the United Nations Security Council or the relevant sanctions committee approves or updates the list of persons associated with terrorism and financing of terrorism on each occasion, until customer due diligence or upon discovery, to freeze, seize or confiscate funds as provided in this Decree.
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