You are viewing the translated version of परिभाषा.
Section 2
Definition
In this Act, unless the subject or context requires otherwise, - (a) "Investigation officer" shall mean an investigation officer appointed or designated in accordance with section 15. (c) "Terrorist act" means the following activities:- (1) The Convention on the Suppression of Financial Investments in Terrorism concluded in 1999 (International Convention for (The Suppression of the Financing of Terrorism) any act defined as an offense by clause (a) of sub-section (1) of Article 2, (2) which by its context and nature causes alarm to the general public or compels any government or international organization to do or not to do any act. Any other act with the purpose of killing or causing dismemberment of a non-military person (civilian) or a person not involved in a hostile act during an armed conflict, (3) Acts considered offenses under the following conventions to which Nepal is a party:- (a) Offenses committed in aircraft concluded in 1963 and the Tokyo Convention on Offenses and Certain Other Acts Committed on Board Aircraft, (b) the SAARC Regional Convention on the Suppression of Terrorism concluded in 1987, (c) this Any other convention to which Nepal is a party against acts of terrorism after the commencement of the section. (d) "Terrorist person" means a natural person who commits any of the following acts:-(1) Unlawfully and knowingly commits acts of terrorism directly or indirectly by any means or (2) participates as a means of committing terrorist acts, (3) organizes or directs others to commit terrorist acts, or (4) knowing that a group with a collective purpose of committing terrorist acts will commit or intend to commit terrorist acts. Being or doing(e) "Terrorist organization" means any of the following organized or unorganized groups or organizations of terrorists:- (1) Illegal and knowingly direct or An act of terrorism is committed by a group that indirectly commits or engages in acts of terrorism by any means, (2) participates in the commission of acts of terrorism, (3) organizes or directs others to commit acts of terrorism, or (4) has a collective purpose to commit acts of terrorism. or knowing that he intends to do so, or knowing that his support or contribution will promote terrorist acts, assisting or contributing to such a group to commit terrorist acts. It should be considered a high-ranking person of an international organization and the term also refers to a person of a category specified by the Government of Nepal on the recommendation of the National Coordination Committee by publishing a notice in the Nepal Gazette. (h) "Property derived from crime" means any type of property directly or indirectly obtained or obtained from money laundering related offenses or related offenses and the term includes any other property or financial gain arising from such property or in any way. It also refers to assets or benefits that have been partially or fully transferred or converted. (i) "Instrument related to the offense" means any instrument, property or any other instrument that is partially or fully used or intended to be used to commit an offense related to money laundering or an associated offense. It should be remembered.means an agreement or any of the following acts:- (1) establishing a commercial relationship, (2) opening an account, (3) making a deposit or collection of money, payment, payment order, exchange or fund through electronic or other means of any type of currency or device. transfer, (4) using any type of safe deposit (locker), (5) establishing a beneficial (fiduciary) relationship, (6) giving or receiving payment in whole or in part based on any legal or contractual obligation, (7) lottery , giving or receiving payments based on games played on the basis of betting or chance, (8) establishing or registering a legal person or legal arrangement, (9) doing any other work prescribed by the Government of Nepal by publishing a notice in the Nepal Gazette. (k) " Legal arrangement" means Guthi (express trust) or other legal arrangement of a similar nature. (l) "Legal person" means a company, corporation, co-operative society or any other organized body and the term includes a private firm, partnership or non-governmental organization. (d) "Funds" shall mean financial assets, financial resources or tangible or intangible, movable or immovable, physical or immaterial assets, any type of property, equipment or instrumental resources obtained in any way or increased from it; and The term refers to a legal document, document, evidence or any instrument having a right or interest in such property or equipment or resource, electronic or in any way:- (1) Bank loan, (2) Traveler's cheque, (3) Bank cheque, ( 4) Checks, (5) Shares, (6) Securities, (7) Bonds, (8) Drafts, (9) Powers of Attorney, (10) Any other economic or financial resources. (d) “Non-financial professionals or Trader” means a trader or trader who carries out any of the following commercial activities:- (1) casino or internet casino traders, (2) real estate buying or selling traders, (3) traders dealing in specified precious metals or commodities, (4) their customers or A notary public while performing, preparing or engaging in the following acts on behalf of the parties,Auditors, accountants or other professionals of similar nature:- (a) buying and selling of real estate, (b) management of client's funds, securities or other assets, (c) management of bank, savings and securities related activities, (d) when establishing a legal entity. or the management of contributions and investments made during operation, (e) the creation, establishment, registration, operation or management of legal persons or legal arrangements, or (f) the purchase or sale of any commercial entity. or a company or trust service provider who professionally renders the following services while preparing or engaged in the same:- (a) acting as an agent for the incorporation, registration or management of a legal person or legal arrangement, (b) a partner, manager of a legal person , acting as a secretary or similar officer or acting through another person, (c) providing a registered office, address or place to a legal person or legal arrangement in a commercial manner or taking charge of correspondence for the same, (d) legal arrangement or other legal arrangement of a similar nature Acting as a trustee of the arrangement or nominating a trustee or acting through another person, or (e) being appointed as a shareholder on behalf of any person or acting through any other person in accordance with the prevailing law. Other professionals or businessmen. (n) "Prescribed" or "as prescribed" means as prescribed or prescribed in the rules made under this Act. Monetary instruments including negotiable instruments including traveler's cheques, checks, promissory notes or checks that can be used without anyone's authority or can be paid by the recipient. It should be remembered and that word in Section 7 No. According to sub-section (2) of the regulatory body designated by the Government of Nepal(d) "Currency" means Nepalese currency or foreign currency. (d) "Rashtra Bank" means Nepal Rashtra Bank established in accordance with prevailing laws. (c) "Beneficial owner" means a natural person who directly or indirectly owns, controls, directs or influences a client, business, property, legal person or legal arrangement as the ultimate beneficial owner or natural person. (f) "Financial Information Entity" shall mean financial information entity as per section 9. (b) "Financial Institution" shall mean a person who professionally performs the following actions for or on behalf of his client:-(1) Accepts deposits or from the general public. Taking other amounts to be paid, (2) working in private banking, (3) giving any kind of loan, (4) working in financial leasing other than consumer goods, (5) acting as a medium or other auxiliary service provider in the payment chain. (6) Issuing or managing checks, drafts, cheques, debit cards, credit cards, electronic or any other type of payment instruments, (7) Financial guarantees or commitments (commitments) Giving, (8) Dealing in the following instruments:- (a) Money market instruments including cheques, bills, certificates of deposit, derivatives, (b) Foreign currency exchange, (c) Instruments of interest, interest or other similar value or amount, (d) ) transferable securities, or (e) instruments related to the commodity exchange market (commodities market). Managing or managing safe deposit (locker), (12) Underwriting and placement of life insurance and other investments related to insurance, (13) Amount or currency(14) Apart from the work mentioned in sub-sections (1) to (13), investing money (fund) on behalf of other persons, administering and managing the same, or (15) doing the work prescribed by the Government of Nepal by publishing a notice in the Nepal Gazette. (b) "Foreign high-ranking person" means a foreign head of state, head of government, high-ranking politician, central official of a national political party, high-ranking administrator, high-ranking judicial officer, high-ranking security officer and high-ranking official of a state-controlled organization or a person who has or has received such responsibility. (m) "Department" means the Money Laundering Investigation Department under Section 11. (k) "Person" means a natural person or a legal person. (l) "Shell Bank" shall mean a financial institution or a group of financial institutions that does not have a physical presence in the country where it is incorporated or has received permission or is not under any scope of effective regulation and supervision. Explanation: For the purposes of this section, a local representative or The presence of lower-level employees shall be deemed to be physically absent. (v) "Offense related to money laundering and financial investment in terrorist activities" shall mean the offense under paragraph-2. (f) "Property" shall mean any kind of property, fund or any valuable object or instrument, physical or immaterial, movable or immovable, tangible or intangible, and the term shall mean any right, interest, claim or right established thereon. (c) "Indicative Institution" means a financial institution or a non-financial professional or businessman. , Chief Justice, Speaker of the House of Representatives, Speaker of the National Assembly, Chief Minister of the Government of NepalChief Minister of the State Government, Member of the Federal Parliament, Official of the Constitutional Body, Speaker of the State Assembly, Minister of the State Government, Officials of the Government of Nepal of a special rank or equivalent or above, Judge of the High Court or higher, Deputy Speaker of the State Assembly, Member of the State Assembly, National level politician The party's central office bearer, head and deputy head of district coordination committee, head and deputy head of municipality, chairman and vice chairman of rural municipality, high official of an organization wholly or partially owned by the Government of Nepal or a person who has or has been given such responsibility.