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Text as of 19 Jun 2024 · Original act (Official Journal of 19 June 2024) · Same wording as today’s text.Today’s text

Article 23 — Periodic penalty payments

Financial crimeLevel 1RegulationAMLAStage: AdoptedVerifiedOfficial source

23(1)

1.The Executive Board may adopt a decision imposing a periodic penalty payment in order to compel:

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23(1)(a)
(a)a selected obliged entity to put an end to a breach, where it fails to comply with an administrative measure applied pursuant to Article 21(2), point (b), (d), (e) or (f), and Article 21(3);
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23(1)(b)
(b)a person referred to in Article 17(1) to supply complete information which has been required by a decision pursuant to Article 6(1);
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23(1)(c)
(c)a person referred to in Article 17(1) to submit to an investigation and in particular to produce complete records, data, procedures or any other material required and to complete and correct other information provided in an investigation launched pursuant to Article 18.
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23(2)

2.The periodic penalty payment shall be effective and proportionate. The periodic penalty payment shall be imposed until the selected obliged entity or person concerned complies with the relevant administrative measure referred to in paragraph 1.

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23(3)

3.Notwithstanding paragraph 2, the amount of a periodic penalty payment shall not exceed, in the case of legal persons, 3 % of the average daily turnover in the preceding business year or, in the case of natural persons, 2 % of the average daily income in the preceding calendar year. It shall be calculated from the date set in the decision imposing the periodic penalty payment.

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23(4)

4.A periodic penalty payment may be imposed for a period of no more than six months following the notification of the Authority’s decision. Where, upon the expiry of that period, the selected obliged entity has not yet complied with the administrative measure, the Authority may impose periodic penalty payments for an additional period of no more than six months.

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23(5)

5.The decision imposing a periodic penalty payment may be taken at a later stage with retroactive effect up to the date of application of the administrative measure.

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