Tuesday, June 28, 2016

articles 1, 2 and 14 of Law no. 80 of year 2002 in regard to Money Laundry Crimes

Article (1): In the application of the provisions of this Law, the words and statements used are referring as show below, where no other provision is made:
A)      Monies: the national currency, foreign currencies, securities. Commercial papers, all of the value of real estates, tangible and intangible movable, all rights related hereto, and papers and documents proved it.
B)       Money Laundering: Each and every conduct involving the acquisition or possession or disposal or management or conservation or replacement of the deposit or guaranteeing or  investment or transport or transfer or manipulation in the value if collected from the crimes set forth in Article (2) of the Law Considering When the intent of this conduct is to conceal money or disguise the nature of money or the location of the money or the owner of the money or change its nature or to prevent or impede the discovery of a person who committed the crime obtained these monies.
C)       The Financial corporations:
·       The banks work in Egypt and its branches abroad and the branches of the foreign banks work in Egypt.
·       Exchange companies and the other bodies which are authorized to deal with the foreign money.
·       The bodies undertake the activity of the transfer of money.
·       The bodies work in the financial securities field.
·       The bodies work in the field of receiving money.
·       Post office fund.
·       The bodies practice mortgage and the bodies work in  real estate documentation .
·       The bodies practice the financial rental.
·       The bodies work in deduction.
·       The bodies work at any kind of private insurance activities and the brokerage works in the field of insurance.
D)      Proceedings of crime: the money resulted or gained by a direct or indirect way from committing any crime from the crimes stipulated in article (2) of that law.
E)        The unit: the unit of fighting money laundry.
F)        The competent Minister: The Prime Minister or his delegate.

Article (2): Prohibiting  money laundry gained from the crimes of agriculture and manufacturing and bringing and exporting and dealing in narcotic plants ; the crimes of hijacking transport means , the detention of passengers ; and the crimes of terrorism, as defined under article (86) of the penal code, or funding thereto; the crimes of importing arms, ammunition and explosives and dealing in them and manufacturing them without license; and the crimes set forth in Sections I, II, III, IV and XV and XVI of the Penal Code, Book II and the crimes of theft , embezzlement , prostitution, monuments, and the environmental crimes related to hazardous material and waste; and the organized crimes referred to in the international conventions to which Egypt is a part of  it, whether the crimes of money laundry or the abovementioned crimes took place in the home or abroad, provided that it is punishable in both Egyptian and foreign jurists.

Article 14: Each and every person commits or attempt in a money laundry crime stipulated in article (2) in this law shall be imprisoned for a period not more than 7 years and a fine doubles the money “subject to the crime”.

Article 113 of Chapter 4 of the Egyptian Penal Code of Embezzling the public money stipulated:" Each and every public officer who wrongfully seized capital or other papers for one of the parties set forth in Article 119, or facilitates it for others in any way, s/he shall be punished with aggravated imprisonment or imprisonment".

Article 115 of Chapter 4 of the Egyptian Penal Code of Embezzling the public money stipulated:" Each and every public officer who illegally obtains or tries to obtain for himself or for another person without right a profit or benefit from the act using his/her position shall be punished with aggravated imprisonment or imprisonment".


Article 116 bis of Chapter 4 of the Egyptian Penal Code of Embezzling the public money stipulated:" Each and every public officer using his position intentionally in harming the interests or the funds of the body in which he works, or intentionally harming any other body to which s/he communicates; or harming the interests of others persons; or the benefits of the other persons entrusted to this body shall be punished with aggravated imprisonment"

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