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Document Information:
- Year: 2009
- Country: Bulgaria
- Language: English
- Document Type: Domestic Law or Regulation
- Topic: Counterterrorism and Money Laundering,Taxation and Fiscal Issues
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LAW FOR THE MEASURES AGAIST MOEY LAUDERIG
Prom. SG. 85/24 Jul 1998, amend. SG. 1/2 Jan 2001, amend. SG. 31/4 Apr 2003,
amend. SG. 103/23 Dec 2005, amend. SG. 105/29 Dec 2 005, amend. SG. 30/11 Apr 2006,
amend. SG. 54/4 Jul 2006, amend. SG. 59/21 Jul 2006 , amend. SG. 82/10 Oct 2006,
amend. SG. 108/29 Dec 2006, amend. SG. 52/29 Jun 2007, amend. SG. 92/13 “ov 2007,
amend. SG. 109/20 Dec 2007, amend. SG. 16/15 Feb 20 08, amend. SG. 36/4 Apr 2008,
amend. SG. 67/29 Jul 2008, amend. SG. 69/5 Aug 2008 , amend. SG. 22/24 Mar 2009,
amend. SG. 23/27 Mar 2009, amend. SG. 93/24 ov 2009
Chapter one.
GEERAL PROVISIOS
Art. 1. (amend. – SG 54/06) With this law shall be determined the preventive measures against
using the financial system for the purposes of mone y laundering as well as the organization and the
control for their execution.
Art. 2. (amend. – SG 54/06) (1) Money laundering in the sense of this law shall be:
1. transformation or transfer of possessions acquired through criminal activities or from an act
of participation in such activity, in order to hide or cover the illegal origin of the possessions or in order
to assist a person, participating in perpetration o f such activity in order to avoid legal consequence s of
his/her act.
2. hiding or covering of the essence, of the source, the location, the disposition, the movement
or the rights with regard to the possession, acquir ed through a crime or an act of participation in su ch
activity.
3. acquisition, possession, keeping or use of possessions with the knowledge at the moment of
receiving that they have been acquired through a cr ime or from an act of participation in such activity.
4. participation in any of the actions under item 1 – 3, association with the purpose of
perpetration of such an act, trial to perpetrate such an act, as well as assisting, instigation, facilitation of
perpetration of such an activity or its covering;
(2) Money laundering shall be considered also when the activity, through which the possessions
under par. 1 has been acquired, has been carried ou t in a Member State of the European Union or in
another country and does not come under the jurisdiction of the Republic of Bulgaria.
Art. 3. (1) (amend. – SG 54/06) The measures for pr evention of using the financial system for
the purposes of money laundering shall be:
1. identification of clients and verification of their identification;
2. identification of the real owner of the client – legal person, and undertaking of relevant
measures for verification of his/her identification in a way, giving enough reasons to the person unde r
par. 2 and 3 to accept the real owner as determined.
3. collecting information from the client about the purpose and the nature of the relationship,
already established or to be established with him/her.
4. current monitoring of established commercial or professional relations and inspection of
transactions and operations, being carried out within the frame of these relationships, to which extend
they correspond to the available information about the client, about his/her commercial activity and risk
profile, including finding out the origin of the funds in cases provided by the law;
5. disclosure of information about suspicious opera tions, transactions and clients.
(2) The measures of para 1 shall be obligatory for:
1. (amend., SG 1/01, amend. SG 31/03; amend. – SG 59/06, in force from the Treaty of
Accession of the Republic of Bulgaria to the European Union enters in force; amend. 6 SG 16/08;
amend. – SG 23/09, in force from 01.11.2009) The Bulgarian National Bank, credit institutions, carrying
out activity on the territory of the Republic of Bu lgaria, financial houses, the exchange offices and the
other providers of payment services;
2. (suppl. SG 31/03; amend. 6 SG 103/05, in force f rom 01.01.2006; amend. – SG 54/06)
insurers, re6insurers and insurance intermediaries with a seat in the Republic of Bulgaria; insurers, re6
insurers and insurance intermediaries from a Member State of the European Union, or from a state –
party to the Agreement on the European Economic Spa ce, who perform activity on the territory of the
Republic of Bulgaria; insurers with a seat in states, different from the enlisted and received license from
the Commission for financial supervision to perform activity in the Republic of Bulgaria through a
branch, insurance intermediaries with a seat in countries, different from the indicated, entered into the
register of the Financial Supervision Commission;
3. (amend., SG 1/01; amend. – SG 54/06) collective investment schemes, investment brokers
and managing companies;
4. (new, SG 1/01; amend. – SG 54/06; suppl. – SG 92 /07) pension insurance companies and
health insurance companies;
5. (prev. item 4 6 SG 1/01) Bodies for privatisation;
6. (prev. item 5 6 SG 1/01) Persons organising assi gnment of public orders;
7. (prev.item 6 6 SG 1/01) Persons organising and c onducting gambling games;
8. (prev. item 7 6 SG 1/01) Corporate bodies where there are mutual support savings;
9. (prev. item 8 6 SG 1/01) Persons conceding money loan against pawning of chattels;
10. (prev. item 9 6 SG 1/01) Post services accepting or receiving money or other valuables;
11. (prev. item 10 6 SG 1/01) Notaries;
12. (prev. item 11 6 SG 1/01, amend. SG 31/03; amen d. 6 SG 52/07, in force from 01.11. 2007)
market operator and/or regulated market;
13. (prev. item 12 6 SG 1/01) Leasing enterprises;
14. (prev. item 13 6 amend., SG 1/01) state and mun icipal bodies concluding concession
contracts;
15. (prev. item 14 6 SG 1/01) Political parties;
16. (prev. item 15 6 amend., SG 1/01 Trade unions and professional organisations;
17. (prev. item 16 6 amend., SG 1/01) Corporate non 6profit bodies;
18. (prev. item 17 6 amend., SG 1/01; amend. – SG 6 7/08) registered auditors;
19. (prev. item 18 6 SG 1/01; amend. 6 SG 105/05, in force from 01.01.2006) the bodies of the
National Revenue Agency;
20. (prev. item 19 6 amend., SG 1/01) customs bodies.
21. (new, SG 1/01, suppl. SG 31/03) entrepreneurs s elling automobiles by profession when the
payment is implemented in cash and the value is over 30 000 levs or the equivalent in foreign currency;
22. (new, SG 1/01) transport organisations;
23. (new, SG 1/01) the central Depository;
24. (new, SG 1/01, amend. G 31/03; amend. – SG 92/0 7) persons who, by profession, carry out
transactions with goods, in case of cash payment and its value amounts to over 30 000 BGN or the
equivalent in foreign currency;
25. (new, SG 1/01) traders of weapons, petrol and petrol products;
26. (new, SG 1/01, amend. SG 31/03) persons, who as profession implement consultations in
the field of tax levying;
27. (new, SG 1/01) wholesale traders;
28. (new – SG 31/03) persons, who as profession implement legal consultations, when:
a) they participate in the planning or the fulfilment of operation or transaction of their client for:
aa) purchase and sale of immovable property or transfer of enterprise to trader;
bb) management of money, securities or other financ ial assets;
cc) opening or disposing with bank account or account for securities;
dd) providing of resources for establishing of trader, increase of the capital of a commercial
company, conceding of loan or any other form of pro viding of resources for accomplishing the activity
of the trader;
ee) (suppl. – SG 54/06) establishing, organising of the activity or management of a trader or of
another legal person, offshore company, company, co nceded to fiduciary management or other similar
structure;
ff) (new – SG 54/06) trust management of property;
b) act for the account or in the name of their clie nt in whatever financial operation or
transaction with immovable property;
29. (new – SG 31/03) persons, who implement by prof ession mediation in transactions with
immovable properties.
30. (new – SG 54/06) persons, who by profession provide:
a) address of management, mailing address or an off ice for registration purposes of a legal
person;
b) service related to registration of a legal person, offshore company, trust management
company or any other similar structure;
c) services of trust management of property or of a person under item "b".
(3) The measures of para 1 shall be also obligatory for the persons of para 2 and when they are
announced insolvent and in liquidation.
(4) (suppl. SG 31/03) The measures of para 1 shall be also implemented for the branches of the
persons of para 2 and 3 registered abroad, as well as to the branches of foreign persons, registered in the
country, being within the circle pointed out in par a 2 and 3.
(5) (revoked – SG 54/06)
(6) (new – SG 31/03; amend. – SG 54/06) The persons of para 2, item 28 shall not be obliged to
advise as per the procedure of this law the information, made available to them in or with regard to
participation in court or pre6court proceedings, which is pending, is to be initiated or has been closed, as
well as information, related to determination of th e legal status of a client.
(7) (new – SG 54/06) Measures under par. 1 shall be obligatory for persons of par. 2, item 24
and in the cases of implementation of more than one operation or transaction, which one individually
does not exceed 30 000 BGN or the equivalent of thi s amount in foreign currency, but from the
circumstances of their performance it can be supposed, that the operations or the transactions are related.
Art. 3a. (new – SG 31/03) (1) (amend. – SG 109/07, in force from 01.01.2008) The bodies for
supervision over the persons of art. 3, para 2 and 3, shall be obliged to concede information to
Directorate "Financial intelligence" of State Agency "National Security", if at implementing their
supervision activity they establish operations or transactions, connected with doubt about money
laundering or non fulfilment of the obligation of art. 11a.
(2) (amend. – SG 109/07, in force from 01.01.2008) In the checks, implemented by the bodies
of para 1, shall be included also check of the fulfilment of the requirements of this law by the check ed
persons. At finding of breach the supervision bodies shall inform Directorate "Financial intelligence" of
State Agency "National Security" by sending excerpt from the fact finding act in the respective part.
(3) (new – SG 54/06; amend. – SG 109/07, in force f rom 01.01.2008) Directorate "Financial
intelligence" of State Agency "National Security" and monitoring bodies can exchange classified
information for the purposes of the implemented by them established by law functions.
Art. 3b. (new – SG 54/06) (1) It is prohibited to b anks, established on the territory of the
Republic of Bulgaria, and to foreign banks, carrying out business on the territory of the country through
a branch, to enter into correspondent (bank) relati onships with banks in jurisdictions, in which they do
not have physical presence and do not belong to a regulated financial group.
(2) Banks, established on the territory of the Repu blic of Bulgaria and the foreign banks,
carrying out business on the territory of the country through a branch, cannot establish correspondent
relationships with banks outside the country, allow ing their accounts to be used by banks in
jurisdictions, in which they do not have physical presence and do not belong to a regulated financial
group.
Art. 3c. (new – SG 54/06) (1) Persons under Art. 3, par. 2 and 3 shall be obliged to provide the
implementation of the measured under this Law and o f the legal acts related to its application by its
branches and subsidiaries, in which they have a majority of the shares, abroad to the extend, allowed by
the respective foreign legislation.
(2) (suppl. – SG 92/07; amend. – SG 109/07, in forc e from 01.01.2008) Provided that the
legislation of the foreign country does not allow or restricts the application of measures under par. 1, the
persons of Art. 3, par. 2 and 3 shall be obliged to advise Directorate "Financial intelligence" of State
Agency "National Security" and the respective monit oring body, as well as to undertake further
measures according to the relevant risk, these measures being determined by the Regulations for
Implementation of the Law.
(3) (amend. – SG 109/07, in force from 01.01.2008) The branches and subsidiaries, in which
persons of Art. 3, par. 2 and 3 have majority participation abroad, shall not have the obligation to notify
Directorate "Financial intelligence" of State Agenc y "National Security" under Art. 11 and 11a.
Chapter two.
IDETIFICATIO OF CLIETS, COLLECTIG, PRESERVATIO AD REVEALIG OF
IFORMATIO
Section I.
Identification of clients
Art. 4. (amend. SG 31/03; amend. – SG 54/06) (1) Th e persons of art. 3, para 2 and 3 shall be
obliged to identify their clients at establishing trade or professional relations, including at openin g of a
bank account as well as at implementing of operatio n or concluding a transaction for an amount
exceeding 30 000 levs or the equivalent in foreign currency, and the persons of art. 3, para 2, item 1 – 4,
9 – 11, 13 and 28 also at implementing of an operat ion or at concluding transaction in cash with value
exceeding 10 000 levs or the equivalent in foreign currency. No opening or maintaining of anonymous
account or of an account under fictitious name shall be allowed.
(2) Para 1 shall also be implemented in the cases w hen more than one operation or transaction
are being implemented, which separately do not exce ed 30 000 levs or the equivalent in foreign
currency, respectively 10 000 levs or the equivalent in foreign currency, but there are data that the
operations or the transactions are connected.
(3) (suppl. – SG 54/06) The persons of art. 3, para 2, item 7 shall be obliged to identify their
clients by the order of art. 6 at the entering in the register of art. 72, para 2 of the Law of gambli ng, as
well as in case of carrying out of an operation of concluding a transaction in the amount exceeding 6 000
levs or the equivalent in foreign currency.
(4) (amend. – SG 54/06; amend. – SG 109/07, in forc e from 01.01.2008) In cases when the
person under Art. 3, par. 2 and 3 is not able to carry out identification of a client according to the
requirements of this law and the acts related to its application, as well as in case of non presenting of
declaration under para 7 he/she shall be obliged to reject to execute the operation or the transaction or to
establish commercial or professional relations, inc luding to open an account. Provided that the person
under Art. 3, par. 2 and 3 is not able to carry out identification of the client in cases of already
established commercial or professional relations, he/she shall be obliged to terminate these relations. In
these cases the person under Art. 3, par. 2 and 3 s hall judge whether to advise Directorate "Financial
intelligence" of State Agency "National Security" pursuant to the procedure of Art. 11. These provision
shall not be applied with regard to persons of Art. 3, par. 2, item 28 under the conditions of Art. 3, par.
6.
(5) (amend. – SG 54/06) In case of establishment of commercial or professional relations or
implementation of operation or transaction through electronic statement, electronic document or
electronic signature, or other form without the presence of the client the persons of art. 3, para 2 and 3
shall be obliged to undertake appropriate measures for certifying of the authenticity of the identifying
data of the client. Such measures can be check of t he presented documents, requirement or additional
documents, confirmation of the identification by another person of art. 3, para 2 and 3 or by a person,
obliged to apply measures against money laundering in a Member State of the European Union, or
establishing of requirement the first payment for the operation or the transaction to be implemented
through an account, opened in the name of the clien t in a Bulgarian bank, branch of foreign bank,
received permission (license) by the Bulgarian National Bank to implement activity in the country
through a branch or in a bank from a Member State of the European Union.
(6) The measures of para 5 shall be included in the internal rules of art. 16..
(7) The persons, implementing operation or transact ion through or with a person of art. 3, para
2 and 3 with value over 30 000 levs or the equivalent in foreign currency, respectively over 10 000 levs
or the equivalent in foreign currency, when the pay ment is in cash, shall be obliged to declare the origin
of the resources. The persons of art. 3, para 2 and 3 shall be obliged to require the declaration before the
implementing of the respective operation or transac tion.
(8) The form of the declaration of para 7 and of ar t. 6, para 5, item 3, the conditions and the
order for exemption from obligation for declaring s hall be provided with the regulation for
implementation of the law.
(9) (amend. – SG 92/07) A person as per Art. 3, para 2 and 3 shall not carry out identification
under Art. 3, para 1 and shall not require declaration under para 7 to be submitted by a client of his /hers
who is a credit institution of the Republic of Bulg aria, of another Member State, or a bank from a thi rd
country, included in a list, approved with joint order by the Minister of Finance and the governor of the
Bulgarian National Bank.
(10) In the list of para 9 shall be included countries, which legislation contains requirements,
complying with the requirements of this law. The li st shall be promulgated in State Gazette.
(11) (amend. – SG 54/06) In the cases, when due to the character of the operation or the
transaction its value cannot be determined by the moment of its implementation, the person of art. 3,
para 2 and 3 shall be obliged to identify the client at the moment when the value of the operation or the
transaction is determined, if it is over 30 000 levs or the equivalent in foreign currency, respective ly
over 10 000 levs or the equivalent in foreign curre ncy when the payment is implemented I cash. This
case shall not exclude the obligation for identification at establishing or trade or professional relations.
(12) (amend. 6 SG 103/05, in force from 01.01.2006) The persons of art. 3, para 2, item 2 shall
identification their clients at concluding of insurance contract according to section I of appendix No 1 of
Insurance Code, when the gross amount or the period ical premiums or payments for the insurance
contract for one year is 2000 levs or more, or the premium or the payment for the insurance contract i s
onetime and is in amount 5000 levs or more.
(13) The persons of art. 3, para 2 and 3 shall be obliged to identify their clients also out of the
cases o para 1 – 12, when doubt occurs for money la undering.
(14) (new – SG 54/06) Persons under Art. 3, par. 2 and 3 shall be obliged to identify and verify
the identification of their clients, whenever there is a doubt about identification data of the client, or they
are informed about any modification of them.
(15) (new – SG 54/06; amend. – SG 92/07) Verificati on of identification data of clients and of
real owners shall be carried out prior to establishment of commercial or professional relations, openi ng
of an account or implementation of an operation or a transaction under par. 1, 2 and 3. In the regulations
on implementation of the Law, an exception from thi s rule can be provided.
(16) (new – SG 54/06) Persons under Art. 3, par. 2 and 3 can apply depending on the potential
risk assessment simplified or comprehensive measure s under Art. 3, par. 1 under the conditions and
following a procedure, set out in the regulations on implementation of the Law.
(17) (new – SG 92/07) Identification as per Art. 3, para 1 shall not be carried out and
declaration under Art. 7 shall not be submitted, in case the client is a state authority of the Republic of
Bulgaria.
(18) (new – SG 92/07) ) Identification under para 1 shall not be carried out and declaration
under Art. 7 shall not be submitted, in case the client is an institution, performing authority functions in
accordance with the European Union law under the fo llowing conditions:
1. the person referred to in Art. 3, para 2 and 3has collected sufficient information that does not
arouse suspicion of the institution’s identity;
2. the institution observes accounting procedures a nd its activity is transparent;
3. the institution reports to a Community authority , a body of a Member State or there are
inspection procedures, guarantying supervision of their activity.
(19) (new – SG 92/07) In case the bank account of a person referred to in Art. 3, para 2, item 11
and 28 from the Republic of Bulgaria, from another Member State or from a state, included in the list
under para 9, is being used for depositing sums of a client of the person referred to in Art. 3, para 2, item
11 and 28, the bank shall not carry out identificat ion as per Art. 3, para 1 of this client and shall not
require declaration under Art. 7, on the condition that the identification has been carried out and the
declaration is accepted by the notary or by the person as per Art. 3, para 2, item 28 and the informat ion
gathered during the identification is at disposal o f the bank upon request. The bank shall collect
sufficient information in order to establish whether the conditions for implementation of simplified
measures have been observed.
(20) (new – SG 92/07) The persons under Art. 3, par a 2 and 3 may not apply simplified
measures as per Art. 3, para 1 with regards to persons from countries, which are included in the list as
per Art. 7a, para 3.
Art. 5. (amend. SG 1/01) (1) (amend. – SG 54/06) Pe rsons under Art. 3, par. 2 and 3 shall be
obliged to find out whether the client is acting on his/her behalf and at his/her expenses or on behal f and
at the expense of a third person. Provided that the operation or the transaction is carried out through a
proxy, the persons under Art. 3, para 2 and 3 shall request evidences for the representative power and
shall identify the proxy and the principal.
(2) (amend. – SG 54/06) If the operation or the transaction is being implemented on behalf of
and at the expenses of a third person without an au thorization, the persons under Art. 3, par. 2 and 3
shall identify the third person, on behalf of and at the expenses of whom the operation or the transac tion
has been carried out, and the person who has carried out the operation or transaction.
(3) (new – SG 31/03) Upon doubt that he person, imp lementing operation or transaction, does
not act in his name and for his account, the persons of art. 3, para 2 and 3 shall be obliged to implement
the notification of art. 11 and to undertake approp riate measures for collecting of information for
identifying of the person, in which favour the operation or the transaction is really accomplished. The
measures shall be determined with the regulation fo r implementation of the law.
Art. 5a. (new – SG 54/06, in force from 05.10.2006) (1) The persons under Art. 3, par. 2 and 3
shall be obliged to apply comprehensive measures with regard to clients, occupying or having occupied
a high state position in the Republic of Bulgaria or in a foreign country, as well as with regard to clients,
who are related to them persons.
(2) The Council of Ministers shall set the conditio ns and the procedure, under which par. 1 shall
be applied.
Art. 5b. (new – SG 92/07) (1) When entering into co rrespondence with a credit institution from
a third country, which is not in the list as per Art. 4, para 9, the credit institution referred to in Art. 3,
para 2, item 1 shall be obliged to:
1. gather sufficient information about the credit i nstitution6addressee, allowing it to realize
completely the nature of its activity, as well as t o define the reputation of the institution and its
supervision quality on the basis of publicly accessible information;
2. assess the internal control mechanisms against m oney laundering and terrorist financing,
applied by the credit institution6addressee;
3. create organization according to which the establishing of correspondence bank relations
shall only be carried out following an advance approval by a person holding a managerial position at the
credit institution;
4. allocate the responsibilities of each of the cor responding institutions in relation to the
implementation of the measures against money launde ring and terrorist financing, this allocation being
substantiated by documents.
(2) In those cases referred to in para 1, where third parties – clients of the institution6addressee,
the credit institution under in Art. 3, para 2, item 1 – also have access to the correspondent account of a
credit institution, it must make sure that the institution6addressee carries out identification, check of the
identification and current supervision of the third persons, who have direct access to its account, an d that
the institution6addressee is able to provide the id entification data and the other information require d
about the said clients upon request.
Art. 5c. (new – SG 92/07) The persons referred to i n Art. 3, paras 2 and 3 shall be obliged to
apply comprehensive measures with regards to produc ts or transactions which could lead to anonymity,
under conditions and following a procedure, determined by the Regulations for Implementation of the
Law.
Art. 6. (1) (amend. – SG 54/06) The identification of the clients and verification of their
identification shall be implemented:
1. (amend., SG 1/01) for corporate bodies 6 presenting an official excerpt for the current status
of the corresponding register and if the person is not subject to registration 6 of a certified copy of the
establishing act and registration of the name, the headquarters, the address and the representative;
2. for individuals 6 presenting of official identif ication document and registration of its kind,
issuer as well as the name, the address, the unifie d civil number, and for the individuals with the qu ality
of sole entrepreneur 6 also presenting the document s of item 1.
(2) (new – SG 54/06) Persons under Art. 3, par. 2 a nd 3 shall identify natural persons, who are
the real owners of a client – legal person, as well as they shall undertake actions for verification of their
identification depending on the type of the client and the level of risk, resulting out of determination of
customer relations and/or implementation of transac tions or operations with such clients. Provided that
there is not any other opportunity, identification can be carried out through a declaration, signed by the
legal representative or the proxy of the legal person. The conditions and the procedure of releasing f rom
the obligation for identification, as well as the form and the procedure of releasing from the obligat ion
for identification, and the form and the procedure of submission of the declaration, shall be set out in the
regulations in implementation of the Law.
(3) (new, SG 1/01, amend. SG 31/03) A copy of the documents of para 1, items 1 and 2 shall be
made unless the data, contained in them, are reflected accurately in other documents, compiled by the
person of art. 3, para 2 and 3, and shall be preserved under the conditions of art. 8.
(4) (new, SG 1/01) In the cases when a certain acti vity is subject to licensing, permit or
registration the persons carrying out transactions and operations in connection with this activity sha ll
present a copy of the respective license, permit or registration certificate.
(5) (prev. para 3 6 SG 1/01, amend. SG 31/03) The p ersons of art. 3, para 2, items 1, 2, 3, 4, 5,
6, 7, 10,12, 14, 18, 19 and 20 shall establish a special services which shall:
1. collect, process, preserve and reveal informatio n about the concrete operations or
transactions;
2. collect evidence about the ownership of the possessions subject to transfer;
3. require data about the origin of the money resou rces or the valuables 6 subject of the
operations or the transactions; the origin of these resources shall be established by a declaration;
4. collect information about their clients and main tain precise and detailed documentation about
their operations with money resources or valuables;
5. (amend. SG 31/03; amend. – SG 109/07, in force f rom 01.01.2008) at suspicion for money
laundering present the collected information under item 1, 2, 3 and 4 to Directorate "Financial
intelligence" of State Agency "National Security" by the order of art. 11.
(6) (prev. para 4 6 SG 1/01) The persons of art. 3, para 2, items 1, 2, 3, 4, 5, 6, 7, 10, 12, 14, 18,
19 and 20 shall fulfil personally their obligations when it is not possible to create specialised service.
(7) (prev. para 5 6 SG 1/01, amend. SG 31/03) All p ersons of art. 3, para 2 and 3 shall
implement their obligations of this law, regardless of whether they establish a specialised service.
Art. 6a. (new – SG 92/07) (1) Bulgarian National Ba nk, the credit institutions referred to in Art.
3, para 2, item 1, as well as the persons as per Art. 3, para 2, items 2, 3 and 4 may refer to preceding
client identification, carried out by a credit institution under the following conditions:
1. the seat of business of the credit institution t hat has carried out identification is in the
Republic of Bulgaria, in another Member state or in a country from the list as per Art. 4, para 9;
2. the information required pursuant to Art. 6, par as 1 to 4 shall be available to the person,
referring to preceding identification, carried out by a credit institution;
3. upon request by the credit institution, which ha s carried out preceding identification, is able
to provide immediately the person referring to the said identification with certified copies of the
documents from the identification.
(2) The reference of preceding identification under para 1 shall not exempt the person doing it
from liability for non6fulfillment of the requirements for the identification as per Art. 6, paras 1 to 4.
Section II.
Collecting of information
Art. 7. (1) When a suspicion for money laundering a rouses the persons of art. 3, para 2 and 3
shall be obliged to collect information about the essential elements and amounts of the operation or t he
transaction, the corresponding documents and the ot her identification data.
(2) (amend. – SG 54/06; amend. – SG 109/07, in forc e from 01.01.2008) The collected for the
purposes of this law information shall have to be documented and kept, so that it can be available to
Directorate "Financial intelligence" of State Agency "National Security", to the respective monitoring
bodies and to auditors.
Art. 7a. (new – SG 54/06, in force from 05.10.2006) (1) Persons under Art. 3, par. 2 and 3 shall
be obliged to put under special supervision their commercial or professional relations, operations and
transactions with persons from states, which do not apply or do not apply completely international
standards in counteracting to money laundering.
(2) When the operation or the transaction under par . 1 does not have logic economic
explanation or an obvious grounded reason, the persons under Art. 3, par. 2 and 3 shall collect, to the
possible extend, further information about the circ umstances, related to the operation or the transaction,
as well as about its objective.
(3) (amend. – SG 92/07) States, which do not apply or apply to some extent international
standards for counteracting to money laundering, shall be specified in a list, approved by the Minister of
Finance in compliance with the decisions referred t o in Art. 40, paragraph 4 of Directive 2005/60/ЕC o f
the European Parliament and the Council on the prev ention of the use of the financial system for the
purpose of money laundering and terrorist financing. Measures towards these states shall be set out in
the regulations for law application.
Section III.
Preservation of the information
Art. 8. (amend., SG 1/01) In the cases of art. 4 to 7 the persons of art. 3, para 2 and 3 shall be
obliged for a period of 5 years the data about the clients and the documents about the implemented
transactions and operations. For the clients the term starts from the beginning of the calendar year
following the year of termination of the relations, and for the transactions and operations 6 from the
beginning of the calendar year following the year of their fulfilment.
Art. 9. (amend., SG 1/01, amend. SG 31/03; amend. – SG 109/07, in force from 01.01.2008)
The data and the documents of art. 8 shall be conceded to Directorate "Financial intelligence" of State
Agency "National Security", upon request, in origin al or officially certified copy. The order, the terms
and the periodicity shall be determined by the regu lations for implementation of the law.
Section IV.
Revealing of information
Art. 10. (amend. SG 31/03; revoked – SG 109/07, in force from 01.01.2008)
Art. 11. (1) (amend,. SG 1/01, amend. SG 31/03; ame nd. – SG 109/07, in force from
01.01.2008) For suspicion of money laundering the persons of art. 3, para 2 and 3 shall be obliged to
immediately notify Directorate "Financial intelligence" of State Agency "National Security" before the
implementation of the operation or the transaction, delaying its fulfilment within the admissible term
according to the normative acts damaging the respective type of activity.
(2) (amend., SG 1/01, amend. SG 31/03; amend. – SG 109/07, in force from 01.01.2008) In the
cases when the delay of the operation or transaction is objectively impossible the person of art. 3, para 2
and 3 shall notify Directorate "Financial intellige nce" of State Agency "National Security" immediatel y
after its fulfilment.
(3) (new, SG 1/01; amend. – SG 109/07, in force fro m 01.01.2008) The notification of the
Directorate can also be carried out be employees of the persons under art. 3, para 2 and 3 who are not in
charge of the implementation of the measures agains t money laundering. The Directorate shall keep the
anonymity of these employees.
(4) (new – SG 54/06; amend. – SG 109/07, in force f rom 01.01.2008) Directorate "Financial
intelligence" of State Agency "National Security" shall provide to the person under Art. 3, par. 2 and 3
and under Art. 3a information related to the implemented by him/her notification. The decision with
regard to the scope of information, supposed to be provided as a feedback fro each specific case of
notification, shall be taken by the Director of the Agency.
Art. 11a. (new – SG 31/03, in force from January 1, 2004) (1) (amend. – SG 109/07, in force
from 01.01.2008) The persons of art. 3, para 2 and 3 shall notify Directorate "Financial intelligence" of
State Agency "National Security" about each payment with value over 30 000 levs or the equivalent in
foreign currency, implemented by or to their client.
(2) (amend. – SG 109/07, in force from 01.01.2008) Directorate "Financial intelligence" of
State Agency "National Security" shall keep a register of the payments of para 1. The register can be
used only for the purposes of counteraction to money laundering.
(3) (amend. – SG 22/09) The order and the terms for presenting, using, storing and destroying
information of para 1 and it removal from the regis ter under Para 2 shall be determined with the
regulation for implementation of the Law.
Art. 11b (new – SG 31/03) (1) Agency "Customs" shal l concede to the Agency for financial
intelligence information about the commercial credits for import and export, the financial leasing
between local and foreign persons and the import an d export of levs and foreign currency in cash,
collected under the conditions and by the order of the Currency law.
(2) The order for conceding of the information of p ara 1 shall be determined by the Minister of
Finance.
Art. 11c. (new – SG 31/03; revoked – SG 109/07, in force from 01.01.2008)
Art. 12. (amend., SG 1/01) (1) (amend. SG 31/03; am end. – SG 54/06; amend. – SG 109/07, in
force from 01.01.2008) In the cases of art. 11 and 18 the Minister of Finance, upon proposal of the
Chairman of State Agency "National Security" shall be able to stop with a written order certain
operation or transaction for a term of 3 working days from the day following the day of issuance of th e
order. If till the expiration of this term no preventive measure, distraint or prohibition are imposed the
person of art. 3, para 2 and 3 shall be able to implement the operation or the transaction.
(2) (amend. SG 31/03; amend. – SG 109/07, in force from 01.01.2008) Directorate "Financial
intelligence" of State Agency "National Security" shall immediately inform the prosecution for the
stopping of the operation or transaction by present ing the necessary information, preserving the
anonymity of the person under art. 3, para 2 and 3, who has made the notification under art. 11 or 18.
(3) The prosecutor can impose a preventive measure or extend a request before the respective
court for imposing a distraint or prohibition. The court shall rule on the request not later than 24 hours
from its receipt.
(4) (amend. and suppl. SG 31/03; amend. – SG 54/06; amend. – SG 109/07, in force from
01.01.2008; amend. – SG 36/08) When during the investigation and analysis of information, obtained
under the conditions and pursuant to the procedure of this law, the suspicion in money laundering is not
excluded, Directorate "Financial intelligence" of S tate Agency "National Security" shall disclose this
information to the prosecution or to the respective security or public order office, whereas it shall keep
the anonymity of the person under art. 3, para 2 an d 3 and under Art. 3a and his/her employees, having
made the notification under art. 11 or 18.
Art. 13. (amend., SG 1/01) (1) (amend. SG 31/03; am end. 6 SG 108/06, in force from
01.01.2007; amend. – SG 109/07, in force from 01.01.2008; amend. – SG 36/08) In case of notification
under Art. 11 or 18 Directorate "Financial intelligence" of State Agency "National Security" can requi re
from the Bulgarian National Bank, and credit instit utions, carrying out activity in the territory of the
Republic of Bulgaria information regarding doubtful operations, transactions or clients. The requested
information shall be submitted within a period dete rmined by the Agency.
(2) (amend. SG 31/03; amend. 6 SG 108/06, in force from 01.01.2007; amend. – SG 109/07, in
force from 01.01.2008) In case of a written notification under Art. 11 or 18 by a person under Art. 3,
para 2 and 3 Directorate "Financial intelligence" of State Agency "National Security" can request from
the Bulgarian National Bank and credit institutions, carrying out activity in the territory of the Republic
of Bulgaria information regarding doubtful operatio ns, transactions or clients. The requested information
shall be submitted within the period determined by the Agency.
(3) (amend. SG 31/03; amend. – SG 109/07, in force from 01.01.2008) State Agency "National
Security" can request from the state and municipal bodies information under the conditions of para 1
which cannot be refused to it. The requested inform ation shall be submitted within the period
determined by the Directorate.
(4) (amend. – SG 109/07, in force from 01.01.2008) When determining the period under para 1
6 3 the Directorate shall consider the volume and the contents of the requested information.
(5) (amend. SG 31/03; amend. – SG 109/07, in force from 01.01.2008) For the needs of the
analysis Directorate "Financial intelligence" of State Agency "National Security" shall receive from t he
Bulgarian National Bank information collected under the Currency Law.
(6) (amend. SG 31/03; revoked – SG 109/07, in force from 01.01.2008)
(7) (amend. – SG 109/07, in force from 01.01.2008) The submitting of information under para
1 6 5 cannot be refused or restricted for considerations of official, bank or trade secret.
Art. 14. (1) (amend., SG 1/01, suppl. SG 31/03; pre vious text of Art. 14 – SG 54/06; amend. –
SG 109/07, in force from 01.01.2008) The persons of art. 3, para 2 and 3, the persons, who manage and
represent them as well as their employees shall not be able to notify their client or third persons about
the revealing of information in the cases of art. 9, 11, 11a, 13 and 18.
(2) (new – SG 54/06) The prohibition for disclosure of information under par. 1 shall not apply
to the respective monitoring body of Art. 3a.
(3) (new – SG 92/07) The prohibition as per para 1 shall not impede the disclosure of
information between the persons who belong to the same group in a Member State or in a country
included in the list as per Art. 4, para 9.
(4) (new – SG 92/07) The prohibition as per para 1 shall not impede the disclosure of
information between the persons referred to in Art. 3, para 2, items 11, 18 and 28 by Member States or
by countries, included in the list as per Art. 4, para 9, carrying out their professional activity in the
frames of one legal entity or group, which have mut ual ownership, management or control with regards
to the implementation of the Law.
(5) (new – SG 92/07) The prohibition as per para 1 shall not impede the disclosure of
information between the persons referred to in Art. 3, para 2, items 1 to 3, 11, 18 and 28 in the cases
referring to one and the same client or the same tr ansaction, in which take part two or more persons,
under the following conditions:
1. the persons are situated in a Member State or in a country included in the list as per Art. 4,
para 9;
2. the persons are of one and the same professional category;
3. the persons are subject to liabilities for keeping official, bank or commercial secret and for
protection of personal information according to the Bulgarian legislation;
4. the information may only be used for the purpose s of prevention of money laundering and
terrorist financing.
(6) (new – SG 92/07) In case the persons referred to in Art. 3, para 2, items 11, 18 and 28 are
trying to dissuade a client from engaging in illegal activity, this shall not be regarded as disclosure of
information within the meaning of para 1.
(7) (new – SG 92/07) The exemptions referred to in paras 3 to 5 shall not apply and disclosure
of information shall not be admitted between the persons under Art. 3, para 2 and 3 and persons from
countries included in the list as per Art. 7a, para 3, as well as in case the persons referred to in A rt. 3,
para 2 and 3 have not fulfilled their obligations pursuant to the Law for Protection of the Personal D ata.
Art. 15. (1) (suppl., SG 1/01, suppl. SG 31/03; pre vious text of Art. 15 – SG 54/06; amend. –
SG 109/07, in force from 01.01.2008) The revealing of information in the cases of art. 9, 11, 11a, 13 and
18 shall not create responsibility for breaching ot her laws or contract.
(2) (new – SG 54/06) Under the conditions of par. 1 no responsibility shall arise in cases, in
which it is determined, that no crime has been committed, and the operations and the transactions have
been lawful.
Section V.
Protection of the information (new – SG 1/01)
Art. 15a. (new – SG 1/01) (1) (amend. and suppl. SG 31/03; amend. – SG 109/07, in force from
01.01.2008) Directorate "Financial intelligence" of State Agency "National Security" can use the
information constituting official, bank or trade secret, as well as the protected personal information
obtained under the conditions and by the order of art. 9, 11, 11a, 13, 17 and 18 only for the purposes of
this law.
(2) (amend. SG 31/03; amend. – SG 109/07, in force from 01.01.2008) The employees of
Directorate "Financial intelligence" of State Agency "National Security" cannot import, use for person al
or related persons’ benefit information and facts c onstituting official, bank or trade secret having
become known to them in fulfilment of their official duties.
(3) (amend. SG 31/03; amend. – SG 109/07, in force from 01.01.2008) The employees of the
Directorate shall sign declaration for preserving the secret under para 2.
(4) (amend. SG 31/03; amend. – SG 109/07, in force from 01.01.2008) The provision of para 2
shall also regard the cases when the appointed persons are not on duty.
Chapter three.
ITERAL ORGAISATIO AD COTROL
Art. 16. (1) (amend., SG 1/01, amend. SG 31/03; ame nd. – SG 109/07, in force from
01.01.2008) The persons of art. 3, para 2 and 3 shall in 4 months term after their registration shall
approve internal rules for control and prevention of money laundering which shall be approved by the
Chairman of State Agency "National Security".
(2) (suppl. – SG 54/06) The internal rules of para 1 shall ascertain clear criteria for detection of
suspicious operations or transactions and clients, the order for training of the staff and the use of the
technical means for prevention and revealing of mon ey laundering, as well as a system of internal
control over the implementation of the measures set out in this law.
(3) (new, SG 1/01, amend. SG 31/03; amend. – SG 109 /07, in force from 01.01.2008) The
internal rules under para 1 shall be sent to the Chairman of State Agency "National Security" for
approval within 14 days from their adoption.
(4) (new – SG 31/03; amend. – SG 109/07, in force f rom 01.01.2008) The professional
organisations and associations of the persons of art. 3, para 2 and 3, in co6ordination with State Agency
"National Security", can approve unified internal r ules for control and prevention of money laundering ,
to which the members of these organisations and ass ociations can join in the term of para 1 with a
declaration. The unified internal rules and the declarations shall be sent to State Agency "National
Security" in the term of para 3.
Art. 17. (1) (suppl. 6 SG 1/01, amend. SG 31/03; amend. – SG 109/07, in force from
01.01.2008; prev. Art. 17 – SG 36/08) The control over the implementation of the law shall be exercised
by the Minister of Finance and the Chairman of Stat e Agency "National Security".
(2) (new – SG 36/08) For implementation of their fu nctions under the law the bodies of the
Ministry of Finance and of the State Agency "National Security" shall cooperate following a procedure,
set by a mutual instruction of the Minister of Finance and the Chairman of the Agency.
(3) (new – SG 93/09, in force from 25.12.2009) Cont rol bodies of “Financial Intelligence”
Directorate of the State Agency “National Security” shall carry out site inspections of the persons of Art.
3, par. 2 and 3 for implementation of prevention me asures against using the financial system for the
purposes of money laundering, and also in case of suspected money laundering.
(4) (new – SG 93/09, in force from 25.12.2009) Cont rol bodies of “Financial Intelligence”
Directorate of the State Agency “National Security” shall be the officials from the directorate staff
nominated by the Chairman of the State Agency “National Security”.
(5) (new – SG 93/09, in force from 25.12.2009) The inspections under par. 1 may be carried out
in cooperation with the bodies, to which execution of control over the persons under Art. 3, par. 2 and 3
is assigned by a special law.
(6) (new – SG 93/09, in force from 25.12.2009) Insp ections shall be carried out on the grounds
of a written order by the Chairman of the State Agency “National Security” or by a person authorized b y
him/her, indicating the objectives, the term and the place of inspection, the person subject to inspection,
and the names and the positions of the inspectors.
(7) (new – SG 93/09, in force from 25.12.2009) The persons under Art. 3, par. 2 and 3, the state
bodies, the local government authorities and their employees shall be obliged to provide assistance to the
control bodies of the “Financial Intelligence” Dire ctorate of the State Agency “National Security” for
the implementation of their duties.
(8) (new – SG 93/09, in force from 25.12.2009) Duri ng the implementation of the site
inspections the control bodies under par. 3 shall be entitled to free access to the office premises of the
persons under Art. 3, par. 2 and 4, and also to req uire documents and to collect information regarding
the implementation of the assigned task.
Art. 17a. (new, SG 1/01; revoked – SG 109/07, in force from 01.01.2008)
Art. 18. (1) (amend. – SG 54/06; amend. – SG 109/07 , in force from 01.01.2008; prev. Art. 18
– SG 36/08) Directorate "Financial intelligence" of State Agency "National Security" can obtain
information about suspicion in money laundering apart from the persons under Art. 3, para 2 and 3 and
from state bodies, also through international exchange.
(2) (new – SG 36/08) The Directorate "Financial int elligence" of State Agency "National
Security" at its initiative and upon inquiry shall exchange information on cases, related to doubts fo r
money laundering, with the respective international bodies, European Union bodies and with bodies of
other countries on the grounds of international treaties and under reciprocity terms.
Art. 19. (amend. – SG 54/06) (1) When a person of a rt. 3, para 2 does not fulfill his/her
obligations under this law the Minister of Finance shall be able to oblige him to undertake concrete
measures necessary for removing the breach or to take away the issued permission (license) for carrying
out of this activity, provided that he has issued i t, or to instruct for deletion of the entry in case of
registration regime for the respective activity.
(2) The body, issuing the permit (license) for carrying out of activity by a person under Art. 3,
par. 2 can withdraw the granted permit (license) by his/her initiative or under a proposal of the Minister
of Finance, made under the conditions of par. 1.
Art. 20. (amend. 6 SG 30/06, in force from 12.07.2006; amend. – SG 54/06) The acts of art. 19
shall be subject to appeal under the procedure of the Administrative Procedure Code.
Chapter four.
ITERATIOAL COOPERATIO
Art. 21. (revoked – SG 54/06)
Art. 22. (revoked – SG 109/07, in force from 01.01. 2008)
Chapter five.
ADMIISTRATIVE PUITIVE PROVISIOS
Art. 23. (1) (amend., SG 1/01, suppl. SG 31/03; ame nd. – SG 109/07, in force from 01.01.2008;
suppl. – SG 93.09, in force from 25.12.2009) Who co mmits or admits to be committed a breach of art. 4,
5, 6, 7, 8, 9, 13 and 15a or refuses to provide assistance under Art. 17, par. 7 or to provide free ac cess to
the office premises of the persons under Art. 3, pa r. 2 and 3, to provide the requested documents or
information under Art. 17, par. 8, shall be punished with a fine from 500 to 10 000 lv if the act does not
constitute crime.
(2) (suppl. SG 31/03; amend. – SG 54/06) Who commit s or admits the committing of a breach
of art. 11, 11a and 14 shall be punished with a fine from 5 000 to 20 000 lv except the act does not
constitute a crime.
(3) (suppl., SG 1/01) Who commits or admits a breac h of art. 16 shall be punished with a fine
from 200 to 2 000 lv except the act does not constitute a crime.
(4) (amend. – SG 54/06) When the breach of para 1, 2 and 3 has been committed by a sole
trader or a legal person a proprietary sanction from 2 000 to 50 000 lv shall be imposed.
(5) (new – SG 54/06) Who commits or admits the comm itting of a breach of this law out of the
cases under par. 1 – 4 or of a legal act related to its application, shall be fined with a fine from 500 to
200o levs.
(6) (new – SG 54/06) When the breach under par. 5 h as been made by a sole trader or a legal
person, a proprietary sanction from 1000 to 5000 levs shall be imposed.
Art. 24. (1) (amend., SG 1/01, amend. SG 31/03; sup pl. – SG 54/06; amend. – SG 109/07, in
force from 01.01.2008) The acts for establishing the breaches shall be compiled by the officials of
Ministry of Finance or of State Agency "National Security" and the punitive decisions shall be issued by
the Minister of Finance or the Chairman of State Ag ency "National Security" or officials authorized by
them.
(2) The compiling of the acts, the issuing, appeali ng against and the implementation of the
punitive decisions shall be implemented by the orde r of the Law for the administrative breaches and
penalties.
Additional provisions
§ 1. In the sense of this law:
1. (amend. – SG 54/06) " Trade or professional relation" is a relation, which is related to the
activity by profession of the obliged institutions and persons under this law and as of the time of
establishment of the relation it is assumed, that it has a component of continuity.
2. (amend. – SG 54/06) "Regulated financial group" is a financial group, which is a subject of
effective consolidated supervision.
3. (revoked – SG 54/06; new – SG 92/07) "Group" is a group of companies, comprising:
a) parent company and its subsidiaries; in the group shall also be included the companies, in
which the parent company or its subsidiaries have participations, or
b) jointly managed companies by virtue of a contrac t or articles of association or statutes, or
c) the companies in which the majority of members o f their managing or control bodies are one
and the same persons during the respective financial year and till the date of compiling the consolidated
financial report.
4. (new – SG 31/03; amend. – SG 109/07, in force fr om 01.01.2008; amend. – SG 93/09, in
force from 25.12.2009) "Services for security" are the National intelligence service, Service "Military
Information" at the Minister of Defence and General Directorate “Combating Organized Crime” of the
Ministry of Interior.
5. (new – SG 31/03, amend. – SG 82/06; amend. – SG 109/07, in force from 01.01.2008;
amend. – SG 69/08; amend. – SG 93/09, in force from 25.12.2009) "Services for public order" are Chief
Directorates “Criminal Police”, “Security Police”, “Border Police”, “Pre6trial proceedings”, “Fire safety
and rescue” and “Civil Protection”, District Direct orates of the Ministry of Interior, and Service
"Military Police" of the Ministry of Defence.
6. (new – SG 31/03) "Body for supervision" is a sta te body, authorised with a law or other
normative act to exercise general control over the activity of a person under art. 3, para 2 and 3;
7. (new – SG 92/07) "Member State" is a country whi ch is a member of the European Union.
8. (new – SG 92/07) "Third country" is a country wh ich is not a Member State within the
meaning of item 7.
§ 1a. (new – SG 92/07) This Law shall introduce the provisions of Directive 2005/60/ЕC of the
European Parliament and the Council on the preventi on of the use of the financial system for the
purpose of money laundering and terrorist financing and Commission Directive 2006/70/ЕC laying
down implementing measures for Directive 2005/60/EC of the European Parliament and of the Council
as regards the definition of ‘politically exposed person’ and the technical criteria for simplified customer
due diligence procedures and for exemption on groun ds of a financial activity conducted on an
occasional or very limited basis.
Transitional and concluding provisions
§ 2. This law shall repeal the Law for the measures against money laundering (SG 48/96).
§ 3. (amend. SG 31/03) In three months term after t he law enters into force the persons of art. 3,
para 2 and 3 shall be obliged to submit to the Agency for financial intelligence the available information
about money laundering.
§ 4. In five months after the law enters into force the persons of art. 3, para 2, items 1, 2, 3, 4, 5,
9, 11, 13 and 18 shall be obliged to bring their or ganisation and activity in compliance with the
requirements of this law and to present their internal rules of art. 16 to the Minister of Finance.
§ 5. In art. 10 of the Law for administrative breaches and penalties (prom. SG 92/69, amend.
SG 54/78, SG 28/82, SG 28, 101/83, SG 89/86, SG 24/ 87, SG 94/90, SG 105/91, SG 59/92, SG 102/95,
SG 12, 110/96, SG 11, 15, 59/98) after the words "the concealors" shall be put a comma and shall be
added "as well as the admitters".
§ 6. The implementation of the law is assigned to the Council of Ministers which shall approve
a regulation for its implementation in two months term after the law enters into force.
The law is passed by the 38th National Assembly on July 9, 1998 and is affixed with the
official seal of the National Assembly.
Transitional and concluding provisions
(SG 31/03)
§ 20. (1) The persons of art. 3, para 2 and 3, for whom the obligation to apply measures against
money laundering has occurred before the passing of this law, shall bring their internal rules of art. 16 in
compliance with the requirements of this law and se nd them to the Agency for financial intelligence in 4
months term after this law enters into force.
(2) The persons of art. 3, para 2 and 3, for whom t he obligation to apply measures against
money laundering occurred by force of this law, sha ll approve and send to the Agency for financial
intelligence the internal rules of art. 16 in the term of para 1.
§ 28. (1) (amend. SG 31/03) The assets, the liabili ties, the archive as well as the other rights and
obligations of Agency "Bureau for financial intelli gence" shall be undertaken by the Agency for
financial intelligence.
(2) The existing employment and official legal rela tions shall not be terminated, applying
respectively art. 123 of the Labour Code.
Transitional and concluding provisions
TO THE ISURACE CODE
(PROM. – SG 103/05, IN FORCE FROM 01.01.2006)
§. 28. Тhe code shall enter in force from 1st of Ja nuary 2006, except:
1. Art. 45, Para 3, Art. 47, Chapter Four, Art. 71, Para 4, Art. 77, Para 5, Art 80, Para 5, Art. 88,
Para 3, Art. 89, Art. 99, Para 4, Art. 1126116, Art . 127, 137, 139 6149, Chapter Seventeen, Chapter
Twenty Two, Art. 254, Para 1, item 2, Art. 258, Para 1, items 2, 3 and 5, Art. 282, Para 2 and §. 13, item
2, letter ‘b", item 3, item 4, letter "c" and item 5 of the transitional and concluding provisions, wh ich
shall enter in force from the date of the Pre6accession to the European Union of the Republic of Bulga ria
Agreement becomes effective;
2. Art. 254, Para 2 which shall enter in force from the date of the Decision of the European
Commission, after the data about conclusion of an a greement between the National Bureau of the
Bulgarian Automobile Insurers and the Bureaus of the Automobile Insurers of the Member States in
accordance with Art. 2, Para 2 of Directive 72/166/EEC for harmonization of the legislation of the
Member States, related with the insuring against civil liability with regard to the usage of motor vehicles
and for imposing of obligation to insure against su ch liability is provided;
3. Art. 266, which shall enter into force from 11th of June 2012;
4. Art. 282, Para 4 and Art. 284 – 286, which shall enter in force from the date of the Decision
of the European Commission, after the data about conclusion of an agreement between the National
Bureau of the Bulgarian Automobile Insurers and the Bureaus of the Automobile Insurers of the
Member States in accordance with Art. 6, Para 3 of Directive 200/26/EU for harmonization of the
legislation of the Member States related with the insuring against civil liability with regard to the usage
of motor vehicles and for amendment of Directives o f the Council 73/239/ EEC and 88/357/EIO is
provided. Until the date the Pre6accession to the European Union of the Republic of Bulgaria Agreement
enters in force, the National Bureau of the Bulgari an Automobile Insurers shall establish the
organization for execution of the functions as a compensatory body.
5. Art. 288, Para 2, which shall enter into force from 11th of June 2007 shall be applied for all
filed claims for compensation on which up to this d ate the managing council of the Guarantee Fund has
not pronounced; up to the date on which shall enter in force the Pre6accession to the European Union o f
the Republic of Bulgaria Agreement, the Guarantee F und shall pay compensations only if the road6
transport accident has occurred on the territory of the Republic of Bulgaria; the Guarantee Fund shall
establish the organisation for execution of the functions of Information Centre within a six6months te rm
from the code enters in force.
Transitional and concluding provisions
TO THE TAX3ISURACE PROCEDURE CODE
(PROM. – SG 105/05, IN FORCE FROM 01.01.2006)
§ 88. The code shall enter in force from the 1st of January 2006, except Art. 179, Para 3, Art.
183, Para 9, § 10, item 1, letter "e" and item 4, letter "c", § 11, item 1, letter "b" and § 14, item 12 of the
transitional and concluding provisions which shall enter in force from the day of promulgation of the
code in the State Gazette.
Transitional and concluding provisions
TO THE ADMIISTRATIVE PROCEDURE CODE
(PROM. – SG 30/06, IN FORCE FROM 12.07.2006)
§ 142. The code shall enter into force three months after its promulgation in State Gazette, with
the exception of:
1. division three, § 2, item 1 and § 2, item 2 – with regards to the repeal of chapter third, section
II "Appeal by court order", § 9, item 1 and 2, § 15 and § 44, item 1 and 2, § 51, item 1, § 53, item 1, §
61, item 1, § 66, item 3, § 76, items 1 – 3, § 78, § 79, § 83, item 1, § 84, item 1 and 2, § 89, items 1 6 4§
101, item 1, § 102, item 1, § 107, § 117, items 1 a nd 2, § 125, § 128, items 1 and 2, § 132, item 2 an d §
136, item 1, as well as § 34, § 35, item 2, § 43, item 2, § 62, item 1, § 66, items 2 and 4, § 97, ite m 2 and
§ 125, item 1 – with regard to the replacement of t he word "the regional" with the "administrative" an d
the replacement of the word "the Sofia City Court" with "the Administrative court 6 Sofia", which shall
enter into force from the 1st of May 2007;
2. paragraph 120, which shall enter into force from the 1st of January 2007;
3. paragraph 3, which shall enter into force from t he day of the promulgation of the code in
State Gazette.
Concluding provisions
TO THE LAW OF AMEDMET AD SUPPLEMETATIO OF THE LAW FOR THE
MEASURES AGAIST MOEY LAUDRIG
(PROMULGATED – SG 54/06)
§ 29. The provisions of §8 and 11 shall enter into force three months after the promulgation of
the Law in the State Gazette.
Transitional and concluding provisions
TO THE LAW FOR CREDIT ISTITUTIOS
(PROM. – SG 59/06)
§ 36. (new – SG 59/06) The Law shall enter into for ce on the day of entering into force of the
Treaty of Accession of the Republic of Bulgaria to the European Union, except for §35, item 2, which
shall enter into force on the day of promulgation of the Law in the State Gazette.
Transitional and concluding provisions
TO THE LAW O THE MARKETS OF FIACIAL ISTRUMETS
(PROM. 6 SG 52/07, IN FORCE FROM 01.11.2007)
§ 27. (1) This Law shall enter into force from 1 No vember 2007 except § 7, Item 6, 7, 8, 18, 19,
22 – 24, 26 – 28, 30 – 40, Item 44, Letter "b", Item 47, 48, Item 49, Letter "a", Items 50 – 62, 67, 6 8, 70,
Subletter "aa", second sentence regarding the repla cement, Subletter "bb", second sentence regarding t he
replacement, Subletter "cc", second sentence regard ing the replacement, Subletter "dd", second sentence
regarding the replacement, Item 99, Letters "d" and "e", Item 101, Letter "b" and Item 102, § 8, § 9, Item
4, Letter "a", Item 5 and 7, § 14, Item 1 and § 19, which shall enter into force three days from the
promulgation of the Law in the State Gazette.
(2) Paragraph 7, Items 6, 7 and 8 shall apply by 1 November 2007.
Transitional and concluding provisions
TO THE LAW O STATE AGECY "ATIOAL SECURITY"
(PROM. 6 109/07, IN FORCE FROM 01.01.2008)
§ 44. This Law shall enter into force from 1 Januar y 2008.
Relevant European legislation acts:
COUNCIL DIRECTIVE 91/308/EEC of 10 June 1991 on pre vention of the use of the financial
system for the purpose of money laundering
COUNCIL DIRECTIVE 72/166/EEC on the approximation o f the laws of the Member States
relating to insurance against civil liability in respect of the use of motor vehicles, and to the enfo rcement
of the obligation to insure against such liability
DIRECTIVE 2000/26/EC of the European Parliament and of the Council of 16 May 2000 on
the approximation of the laws of the Member States relating to insurance against civil liability in respect
of the use of motor vehicles and amending Council D irectives 73/239/EEC and 88/357/EEC
COUNCIL DECISION of 17 October 2000 concerning arra ngements for cooperation between
financial intelligence units of the Member States in respect of exchanging information
Council Framework Decision 2001/500/JHA of 26 June 2001 relating to money laundering,
identification, tracing, freezing or seizing and confiscation of the instrumentalities and proceeds fr om
crime
JOINT ACTION of 3 December 1998 adopted by the Coun cil on the basis of Article K.3 of the
Treaty on European Union, on money laundering, the identification, tracing, freezing, seizing and
confiscation of instrumentalities and the proceeds from crime
Transitional and concluding provisions
TO THE LAW O AMEDMET AD SUPPLEMETAIO OF THE L AW FOR THE
MIISTRY OF ITERIOR
(PROM. – SG 93/09, IN FORCE FROM 25.12.2009)
§ 100. The law shall enter into force within one mo nth after its promulgation in the State
Gazette, except for § 1, 2, 21, 36, 39, 41, 44, 45, 49, 50, 51, 53, 55, 56, 57, 59, 62, 63, 64, 65, 70 and 91,
which shall enter into force from the day of its pr omulgation.