a) Report to, at least, the immediate senior manager, before proceeding to payment,
redemption, advance payment or pledge.
b) Conduct an enhanced examination of the entire business relationship with the policy holder.
c) Conduct the special review described in Article 17 so as to determine whether
communication based on circumstantial evidence is in order pursuant to Article 18.
6. Without prejudice to compliance with the above paragraphs, when, because the
circumstances described in Article 17 have arisen, it is in order to conduct a special
examination, obliged subjects shall take the appropriate measures to determine the possible
participation in the events or operation of someone who is or has been in Spain a
representative public official or senior official of the Public Administrations, or of their family
members or close associates.
7. Without prejudice to Article 11, when the persons described in the preceding sections have
ceased to perform their duties, the obliged subjects shall continue to apply the measures
described in this Article for two years.”
Six. Article 26, section 4, is reworded as follows:
“4. Internal control measures shall be established at group level, with the specifications to be
determined by regulation. Regarding the definition of group, it shall be as defined in Article 42
of the Code of Commerce.���
Seven. Article 42 is reworded as follows:
“Article 42. International Financial Sanctions and Countermeasures.
1. The application of financial sanctions established by United Nations Security Council
Resolutions relating to the prevention and suppression of terrorism and terrorist financing,
and the prevention, suppression and disruption of the proliferation of weapons of mass
destruction and their financing shall be compulsory for any natural or legal person under the
terms set forth by EU regulations or by a Cabinet decision, adopted at the proposal of the
Minister of the Economy and Competitiveness.
2. Without prejudice to the direct effect of EU regulations, the Cabinet, at the proposal of the
Minister of the Economy and Competitiveness, may decide to apply financial countermeasures
to third countries that pose a higher risk of money laundering, terrorist financing or financing
of the proliferation of weapons of mass destruction.
The Cabinet decision, which can be adopted autonomously or implementing decisions or
recommendations by international organizations, institutions or groups, may impose the
following financial countermeasures, among others:
a) Ban, restrict or condition capital movements and their corresponding collection and
payment operations, as well as transfers, to and from a third country or by its nationals and
residents.
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