Entities subject to the obligations under this law, indicated in Article 14, shall be sanctioned by the competent supervisory and oversight body, taking into consideration the seriousness of the infraction, the magnitude of the damage, and recidivism, as follows:
- a)With a fine of zero point five percent (0.5%) to two percent (2%) of the net worth, understood as the share capital, plus capital contributions and accumulated profits and losses, in the following cases:
1.- When they do not record, on time, on the form designed by the competent supervisory and oversight body, the inflow or outflow of transactions, including transfers from abroad or to it, in national or foreign currency, equal to or greater than ten thousand United States dollars (US$10,000.00).
2.- When, in the multiple transactions referred to in Article 23 of this law, the record is not made on the form designed by the competent supervisory and oversight body.
3.- When the deadlines set by the corresponding supervisory and oversight body for the submission of the form referred to in sub-paragraph 1) above are breached.
4.- When they breach the provisions of: a) customer identification and customer due diligence, including the source or origin of funds, b) the maintenance and availability of records in the terms set forth in Article 16 of this law, and that provided by the prudential regulations approved by the National Council for Supervision of the Financial System, c) the provisions and controls on politically exposed persons, d) the emergence of new technologies, e) reliance on third parties, f) internal controls and the application of measures in foreign branches and subsidiaries, g) controls on higher-risk countries, h) the reporting of suspicious operations, including attempts to carry them out, i) confidentiality and mandatory compliance programs.
5.- When they have not implemented the procedures for the detection, control, and reporting of suspicious financial transactions or attempts to carry them out, in the terms set forth in Articles 24 and 25 of this law, or refuse to deliver, to the bodies authorized by law, the necessary information and documentation on suspicious operations, or else, when they make said information available to unauthorized persons, in contravention of the provisions of Article 18 of this law.
6.- When they do not adopt, develop, or do so deficiently, the programs, rules, procedures, and internal controls to prevent money laundering and the financing of terrorism, and when they do not appoint the officials responsible for overseeing compliance with said controls, programs, and procedures.
7.- When they do not deliver to the competent supervisory and oversight body the information requested of them, in the manner and within the deadlines determined by them.
8.- When they refuse to deliver, to the Financial Intelligence Unit of the Instituto Costarricense sobre Drogas (ICD), the complete information and documentation on suspicious and attempted operations, or when the information delivered is partial.
9.- When they refuse to deliver, to the Financial Intelligence Unit of the Instituto Costarricense sobre Drogas, any information requested by this Unit within the framework of ongoing investigations.
10.- When they refuse to deliver to the bodies authorized by law the information and documentation necessary for the investigations and proceedings followed for the offenses, in accordance with the provisions of Article 17 of this law.
11.- When they make information available to unauthorized persons in contravention of the provisions of Article 18 of this law.
The natural or legal persons indicated in Article 15 of this law shall be sanctioned by the competent supervisory and oversight body, taking into consideration the seriousness of the infraction, the magnitude of the damage, and recidivism, as follows:
- a)With a fine of five percent (5%) to fifty percent (50%) of the total amount of the transaction carried out, in the following cases:
1.- When they do not record, on time, on the form designed by the competent supervisory and oversight body, the inflow or outflow of transactions, including transfers from abroad or to it, in national or foreign currency, equal to or greater than ten thousand United States dollars (US$10,000.00).
2.- When, in the case of the multiple transactions referred to in Article 23 of this law, they do not make the record on the form designed by the competent supervisory and oversight body.
3.- When the deadlines set by the corresponding supervisory and oversight body for the submission of the form referred to in sub-paragraph 1) above are breached.
- b)With a fine of two to one hundred base salaries, as defined in Article 2 of Law No. 7337 of May 5, 1993, in the following cases:
1.- When they breach the provisions of: a) customer identification and customer due diligence, including the source or origin of funds; b) the maintenance and availability of records in the terms set forth in Article 16 of this law, as well as that provided by the prudential regulations approved by the National Council for Supervision of the Financial System; c) the provisions and controls on politically exposed persons; d) the emergence of new technologies; e) reliance on third parties; f) internal controls and the application of measures in foreign branches and subsidiaries; g) controls on higher-risk countries; h) the reporting of suspicious operations, including attempts to carry them out; i) confidentiality and mandatory compliance programs.
2.- When they have not implemented the procedures for the detection, control, and reporting of suspicious financial transactions or attempts to carry them out, in the terms set forth in Articles 24 and 25 of this law, or refuse to deliver, to the bodies authorized by law, the necessary information and documentation on suspicious operations, or else, when they make said information available to unauthorized persons, in contravention of the provisions of Article 18 of this law.
3.- When the natural or legal persons indicated in Article 15 of this law refuse to register with the Superintendencia General de Entidades Financieras.
4.- When they do not adopt, develop, or do so deficiently, the programs, rules, procedures, and internal controls to prevent money laundering and the financing of terrorism, and when they do not appoint the officials responsible for overseeing compliance with said controls, programs, and procedures.
5.- When they do not deliver to the competent supervisory and oversight body the information requested of them, in the manner and within the deadlines determined by them.
6.- When they refuse to deliver, to the Financial Intelligence Unit of the Instituto Costarricense sobre Drogas, the complete information and documentation on suspicious and attempted operations, or when the information delivered is partial.
7.- When they refuse to deliver, to the Financial Intelligence Unit of the Instituto Costarricense sobre Drogas, any information requested by this Unit within the framework of ongoing investigations.
8.- When they refuse to deliver to the bodies authorized by law the information and documentation necessary for the investigations and proceedings followed for the offenses, in accordance with the provisions of Article 17 of this law.
9.- When they make information available to unauthorized persons in contravention of the provisions of Article 18 of this law.
The natural or legal persons indicated in Articles 15 bis and 15 ter of this law shall be sanctioned by the Superintendencia General de Entidades Financieras (Sugef) or the Dirección Nacional de Notariado, as applicable, taking into consideration the seriousness of the infraction, the magnitude of the damage, and recidivism, as follows:
- a)With a fine of five percent (5%) to fifty percent (50%) of the total amount of the transaction carried out, in the following cases:
1.- When they do not record, on the form designed by the supervisory and oversight body, the inflow or outflow of transactions, including all transfers from abroad or to it, in national or foreign currency, equal to or greater than ten thousand United States dollars (US$10,000.00).
2.- When, in the case of the multiple transactions referred to in Article 23 of this law, they do not make the record on the form designed by the supervisory and oversight body.
- b)With a fine of two to one hundred base salaries, as defined in Article 2 of Law No. 7337 of May 5, 1993, in the following cases:
1.- When they breach the provisions of: a) customer identification and customer due diligence, including the source or origin of funds; b) the maintenance and availability of records in the terms set forth in Article 16 of this law, as well as that provided by the prudential regulations, approved by the National Council for Supervision of the Financial System or the Dirección Nacional de Notariado, as applicable; c) the provisions and controls on politically exposed persons; d) the emergence of new technologies; e) reliance on third parties; f) internal controls and the application of measures in foreign branches and subsidiaries; g) controls on higher-risk countries; h) the reporting of suspicious operations, including attempts to carry them out; i) confidentiality and mandatory compliance programs.
2.- When the natural or legal persons indicated in Article 15 bis of this law refuse to register with the supervisory and oversight body.
3.- When they do not adopt, develop, or do so deficiently, the programs, rules, procedures, and internal controls to prevent money laundering and the financing of terrorism, and when they do not appoint the officials responsible for overseeing compliance with said controls, programs, and procedures.
4.- When they do not deliver to the supervisory and oversight body the information requested of them, in the manner and within the deadlines determined by it.
5.- When they refuse to deliver, to the Financial Intelligence Unit of the Instituto Costarricense sobre Drogas, the complete information and documentation on suspicious and attempted operations, or when the information delivered is partial or erroneous.
6.- When they refuse to deliver, to the Dirección Nacional de Notariado and the Financial Intelligence Unit of the Instituto Costarricense sobre Drogas, any information requested by this Unit within the framework of ongoing investigations.
7.- When they refuse to deliver to the bodies authorized by law the information and documentation necessary for the investigations and proceedings followed for the offenses, in accordance with the provisions of Article 17 of this law.
8.- When they make information available to unauthorized persons, in contravention of the provisions of Article 18 of this law.
The amounts of the fines referred to in this article shall be determined according to the volume of business, the number of transactions, and the geographic location, and must be paid within eight business days following the notification of the imposed fine. If the fine is not paid within the established period, it shall have a late payment surcharge of three percent (3%) monthly on the original amount, which must be warned by the corresponding supervisory body.
The money derived from the imposition of the fines described in this article shall be deposited in a special account in the name of the Instituto Costarricense sobre Drogas, which, through the Financial Intelligence Unit, shall allocate said moneys solely to the development of programs and projects that strengthen the effective compliance with this regulation and the binding projects and programs of the institutions involved in Articles 15, 15 bis, and 15 ter of this law.
The supervisory and oversight bodies established in Article 14 of this law, as well as the Instituto Costarricense sobre Drogas, shall maintain an updated list of the final sanctions applied to natural and legal persons for the infractions indicated in this article, a list which shall be of public interest, authorizing its publication by the means and in the manner they deem pertinent.
(Thus reformed by the sole article of Law No. 9449 of May 10, 2017)