convened at the consultation chamber, particularly since the United Nations Standard Minimum
Rules for Non-custodial Measures (The Tokyo Rules) took the position of granting the criminal
the right to appeal before a judicial body or any other independent and competent quarter, in
cases of effectuating detention prior to trial, without differentiating between the types of measures
implemented.
Third: Proposed law to amend some of the provisions of the Decree-law Number (4) of 2001
concerning Combating Money Laundering Law and Funding of Terrorism
1. The National Institution has submitted its advisory opinion concerning proposing a law amending
some of the provisions of the Decree-law Number (4) of 2001 concerning prohibition and prevention
of money-laundering and the funding of terrorism, and the draft law comprises of two articles,
in addition to the preamble, which includes amending Clause c of the definition of (record of an
operation) occurring in Article (1) of the Decree-law Number (4) of 2001 concerning the prohibition
and prevention of money-laundering and the funding of terrorism as amended, and an executive
Article.
2. The draft law stipulates: “The text of Paragraph c of Paragraph (10) is replaced insofar as the
definition of an operation record from the definitions Article (2) of Law Number (4) of 2001 concerning
prohibition and prevention of money laundering and funding of terrorism by the following text:
Article (1) of Paragraph (10) Clause c: c- Details of any accounts or funds or rights associated with
the operation.”
3. The National Institution values in principle the standards and principles upon which is based the
proposed law at issue, represented- as stated in the explanatory memorandum- in that, for purposes
of protecting the national economy and the fundamental pillars of the social entity of the state,
the national wealth, and preventing money-laundering crimes and the funding of terrorism which
could endanger the safety and security of society.
4. And whereas among the definitions provided by the law is the definition (a transaction log) which
is the totality of the statements kept by the state institution for a period of five year including the
data of a transaction, type and the institution through which it was implemented, which requires
stating the moneys, accounts and rights associated with the transaction rather than solely the
account particular to it, such in order to include monitoring and tracking all that is connected to
these operations, in addition to the fact that the use of the term of money (property) is the more akin
to the definition occurring in the original law.
5. Accordingly, the National Institution is of the view that the proposed amendment including
considering the (transaction record (log)) as including the details of the accounts and properties and
the rights connected to them, which are amendments harmonious with the aims of the proposed
law, and do not impinge on the enjoyment by persons of the decided rights and freedoms, given
that they do not represent a violation of human rights under the relevant international human
rights instruments.
29