a) Prior to the application of simplified due diligence measures to a certain client, product or
operation established by regulation, obligated subjects shall ascertain that there is indeed
reduced risk of money laundering or terrorist financing.
b) The application of simplified due diligence measures shall in any event be consistent with
the risk. Obliged subjects shall not apply or shall cease to apply simplified due diligence
measures as soon as they establish that a client, product or operation does not carry reduced
risk of money laundering and terrorist financing.
c) Obliged subjects shall in any event carry out sufficient ongoing monitoring to identify
operations susceptible to special examination pursuant to Article 17.”
Five. Article 14 is reworded as follows:
“Article 14. Politically Exposed Persons
1. Obliged subjects shall apply enhanced due diligence measures described in this Article in
business relationships of and operations by politically exposed persons.
The following shall be considered to be politically exposed persons:
a) Those who perform or have performed important public duties by election, appointment or
investiture in other Member States of the European Union or third countries, such as Heads of
State, Heads of Government, Ministers or other members of Government, Secretaries of State
or Under-Secretaries; parliamentarians; judges of supreme courts, constitutional courts or
other high judicial bodies whose decisions are unappealable, except in exceptional
circumstances, including equivalent members of the Public Prosecutor’s Office; the members
of courts of auditors or central bank governing councils; ambassadors and chargés d’affaires;
senior-ranking military personnel of the Armed Forces; members of bodies of administration,
management or supervision of publicly-owned companies.
b) Those who perform or have performed important public duties in the State of Spain, such as
senior officials in accordance with what is described in the regulations on conflicts of interest
of the General State Administration; both national and European Parliament parliamentarians;
judges of the Supreme Court and the Constitutional Court, including equivalent members of
the Public Prosecutor’s Office; Members of the Court of Auditors and council members of the
Bank of Spain; ambassadors and chargés d’affaires; senior-ranking military personnel of the
Armed Forces; managers, assistant managers and members of the board of directors, or
equivalent roles, of an international organization, including the European Union.
c) In addition, the following shall be considered as politically exposed persons: people who
perform or have performed important public duties in the Spanish Autonomous Communities,
such as Presidents and regional Ministers and other members of the Governing Councils, in
addition to senior officials and Autonomous Community parliamentarians and, at the Spanish
local government level, the local entity mayors, councillors and other senior officials of the
municipalities which are province capitals or Autonomous Community capitals with a
population of over 50,000, and senior management in Spanish trade unions, business
organizations or political parties.
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