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Revocation of the Ministry of Economy's decision on card -to -card ceiling

According to the Mehr News Agency, the General Board of Administrative Justice of the Deputy Minister of Economic Affairs and Finance on which natural persons have no tax file Head Assuming that there were 2 transactions per month or the total transaction of more than ten billion riyals per month, it was restricted and the card -to -card service has been banned.

According to the case of this case, a person in a lawsuit in the Ministry of Economic Affairs and Finance of the Islamic Republic of Iran's Central Bank of Iran Subject to the Subject to: Vol. 1/4/7/11, Deputy Minister of Economic Affairs and Finance and Head of the Financial Information Center; High Council Secretary Money Laundry And he has called for the financing of terrorism and has stated in order to explain:

۲ Deputy Minister and Head of Financial Information Center; High Council Secretary Money Laundry And the financing of terrorism in the announcement No. 2/4/7 dated 1/4/11 to the head of the Central Bank of the Islamic Republic of Iran has a restriction on the basis of justification for prevention. Money Laundry Or financing terrorism or tax evasion, and so on that the card -to -card ceiling is in the banking network; transactions or up to one billion tomans per month.

The Central Bank of the Islamic Republic of Iran has also implemented this restriction on the country's banking network.

The Director General of Public Relations of the Ministry of Economic Affairs and Finance in response to a citizen on the legal citation of such a restriction that imposes a general restriction on transactions at the macro level (and, of course, is unclear when the card limit is and includes transfers. At night To At night And other banking tools such as Satana and Red And check and … Not Become, how to prevent the fight against Money Laundry Or is it even tax evasion?) And on the other hand, what is the subsequent and possible consequences that cause suspicious, black and non -observable transactions in the banking network and immigration to other things such as coins, currency, gold and the like)?

It has a curriculum They are: “In the implementation of note 2 of Article 2 of the Executive Regulations of Article 6 of the Anti -Law on the Anti -Law Money Laundry It is. “

But referring to the text of this note, it is stated: “If the risk center identifies a service or transaction above the acceptable level, the persons subject to the obligatory person They are Avoid presenting it ”and obviously the source of the recognition that it is required to restrict the transactions and banking and economic affairs of the citizens of the country. What are not specified as well as the clear legal citation rather than the bylaws as well as the explicit of such a bank restriction? Also: Generalizing the prevention of possible corruption to the entire population and the use of card -to -card services to prevent inflammation and other prevention cases cannot be a rational and accurate justification for restricting other nations. In addition, what happened to Satna and At night And other monetary and banking tools are controlled and monitored in this area? And finally, if the fight against tax evasion is considered, the government's inability and will to file a tax case that is easy and a national number is possible in the shadow of a few people who unfortunately unfortunately Possible Perhaps organized to command Money Laundry And tax evasion are busy wiping the face Problem And most importantly, does it not cause other people to get involved?

With what I have brought in, and by referring to Article 4 of the Constitution, and in particular the emphasis (no one), whether the state and the nation, to the mind that no one can impose their right to be harmful or violate the public interest, and in the ordinary law as to Article 5 of the Islamic Penal Code. Restrictions of transactions in this way, while there are many other ways to observe and prevent crime and tax evasion and the like, and the government should further examine the basic rights of citizens and with the permission of the recent Article 5 of the Constitution of the Islamic Republic of Iran. Fir First Article 2 of the Court of Administrative Justice and the limits and duties of the General Board of Administrative Justice referred to in paragraph 2 of Article 2 of the Correction of the same law and submitted to this petition; I present the revocation of the directive of the notice.

The text of the complaint is as follows:

Mr. Farzin

Honorable Head of the Central Bank of the Islamic Republic of Iran

Greetings and respect

Considering the use of some classes of proxy accounts, especially through card -to -card services on the country's banking network, considering the information received from the statistics of transactions; people without tax files in the pattern of the transaction received per month worth at least 2 million USD and in the implementation of Article (2) of Article (1) of Article (1) of Article (2). Money Laundry Card -to -card services are prohibited by more than 2 billion riyals or 2 transactions received per month to natural persons without tax files on all bank cards connected to the national code of the said persons.

Please command the bases while notifying Dhi Relations for imposing the desired restriction, a report of the measures and the results are provided to the center during the three -month periods.

Obviously, the above restrictions do not include other payment and transfer tools, and with more accurate and accurate data, the possibility of reviewing and recovering Top It will be available to other population groups and payment tools. Deputy Minister and Head of Financial Information Center; High Council Secretary Money Laundry And financing terrorism

In response to the aforementioned complaint, the Ministry of Economic Affairs and Finance has explained in accordance with the bill # 1 dated 1/4/11.

In paragraph (1) of Article (1) of the Executive Regulations of Article (1) Money Laundry Approved by the Center, which is specified precisely, and the Financial Information Center referred to in Article (1) Money Laundry The adopted and its subsequent reforms and extensions. Money Laundry Subject to 1/4/11 is also dedicated to the Ministry of Economic and Finance Information Center.

Thus, contrary to the plaintiff's claim, the origin of risk recognition; Subject to Note (1) Article (1) of the Executive Regulations of Article (1) Money LaundryUnknown, and there is no ambiguity about it, and the aforementioned by -laws are subject to Article (1) of the Law on the Fight Money Laundry Adopted 2/3/11, and note (1) of Article (1) of it is also in line with the duties provided for in paragraph (d) of Article (2) to the Financial Information Center. Also, paragraph (c) of the said Article, the drafting of the bylaws on the methods and cases of reporting the report of suspicious financial transactions and applying the subject of the Anti -Law. Money Laundry It has been approved by the Cabinet for the approval of the Cabinet, and the Executive Regulations have been prepared and approved. According to the above, the complaint is complained about the enforcement of Sadr's laws and regulations. Al -Zakr Issue and in the field of competence and authority of the head of the Financial Intelligence Center and the Secretary of the Supreme Council for Crime Prevention Money Laundry And it has been financing of terrorism.

۲ Assign the subject of the complaint to card to card service means unlikely Money Laundry Through transfers At night To At night And other banking tools such as Satana and Red And no checks, but at the top of the aforementioned directive, the cause of the card -to -card service, “some of the classrooms using card -to -card services in the country's banking network, considering the information received from the year -long transaction statistics, lacking tax files in the Modern Transaction Pattern.” In the case of other payment tools allow for the reconnaissance and Top It is known to other demographic groups and payment tools.

Therefore, the cause of non -compliance with them is the lack of accurate and accurate data, not the impossibility of tax evasion and Money Laundry And … through them. In addition to requesting a generalization of more than ten billion riyals or 2 transactions received per month to other banking services, inconsistent with the plaintiff's arguments about the violation of the constitution (1) of the Constitution and the constraint. Unlucky It is for citizens and…. In addition, assuming a violation of the directive on restricting other banking services, this cannot be a good reason to prove the claim that the restriction is illegal in one of the possible instances of money laundering.

اری Citation of Article (1) of the Constitution by the plaintiff is not legally valid, because the complaint's directive is in order to provide public interest by preventing tax evasion and is not an example of harm. The government is obliged to secure public order, and naturally, in this goal, part of the freedoms may be restricted, the restriction of the subject of the complaint is not such that the conclusion of the general freedoms of the Constitution is considered to be considered to be the case of Article (1) of the Islamic Penal Code.

According to the material, due to non -violations of the relevant laws and regulations and the issuance of the complaint within the extent of the authority and the authority of the issuing authority, the contrary to Article (1) of the Administrative Justice Act, requests the complaint to the complaint.

The General Board of the Administrative Justice Court was formed on 1/4/11 with the presence of the President and Deputy Court of Administrative Justice and the Chiefs of the Court of Justice and the Branches of the Court, and after discussing the majority of the votes, the following verdict was issued.

Public Board

Firstly by the law of the fight against Money LaundryThe persons subject to this law on the implementation of internal regulations and programs. Money Laundry And they are financing the terrorism and monitoring the above and reforming and eliminating any deviation.

Secondly, in note 2 of Article 2 of the Executive Regulations of Article 2 of the said Law, if the center identifies the risk (risk) of service or transaction over the acceptable level. They are obliged Avoid its presentation, and this note has been announced as the basis of the authority of the objectionable decree, while in Article 2 of the Repeated Approved Announcement of the Counter -Law. Money Laundry The Financial Information Center, with the structure and composition set forth in Note 2, with the legal duties defined, and the maximum task of this center is to collect information and submit to the judiciary, which is explicitly stated in Article 2 (2) of the said Article 6, and is essentially authorized to the Financial Information Center in order not to limit the law or decisions.

Thirdly, though the law explicitly states the duties and powers of the financial center Based on Its for natural persons lacking a tax case Head Assuming that there are two transactions per month or the total transaction of more than ten billion riyals per month, the card is prohibited and the card delivery is prohibited, and the documentary shall be revoked in Article 2 and Article 2 of the Administrative Justice Law.

This verdict is in accordance with Article 2 of the Administrative Justice Law (Amendment Adopted 1/8/11) in the review and decision of the judicial and administrative authorities.

Ahmad Reza Abedi Administrative Justice Board Chairman

(tagstotranslate) Administrative Justice Court (T) directive (T) Tax Case
Source:mehrnews

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