WORKING MODEL OF AMENDED WID ACT, WHICH ENTERERD INTO FORCE ON THE 9TH OF AUGUST 2012
ACT of 5 September 2002, establishing the regulations relating to the obligation of service providers to provide proof of identity (Act on the identification requirements for Service Providers) (Official Gazette 2002 no. 66) as last amended July 2012 (Official Gazette 2012 no. 134)
GENERAL PROVISIONS Article 1 1. The following terms have the stated meaning in this Act and its provisions: a. service provider: a financial or non-financial service provider, being a natural person, legal entity, company or partnership that provides professional or commercial services; b. services: financial or non-financial services; c. financial services: the professional or commercial performance in or from within Suriname of one or more of the following activities or work for or in support of a client: o
1 receiving in safekeeping securities, bank notes, coins, precious metals and other assets; o
2 opening accounts in which balances in cash, securities, precious metals or other assets can be kept; o
3 renting out of safe deposit boxes; o
4 performing payments to redeem coupons or comparable bond documents or comparable negotiable instruments; o
5 taking out, surrendering and paying, as well as acting as a broker in taking out, surrendering and paying a life insurance agreement and other investment-linked insurance products; o
6 crediting or debiting or arranging for the crediting or debiting of accounts in which balances in cash, securities, precious metals or other assets can be kept; o
7 buying or selling Suriname dollars (SRDs) or foreign currency; o
8 performing national or international financial transfers; o
9 obtaining funds for disposal, due and payable immediately or in due course, in the form of savings or otherwise, or in exchange for the issue of one or more types of debt instruments, and extending loans or making investments for its own account; 10˚ accepting deposits and other withdrawable funds from the public; 11˚ granting of loans; 12˚ financial leasing, with the exception of consumer-related leasing; 13˚ issuing and managing payment instruments other than cash, which in any case include credit cards, debit cards, cheques, travellers cheques, payment orders, electronic and non-electronic money orders and electronic money; 14˚ furnishing of financial guarantees and suretyships; 15˚ providing services with regard to a transaction or clearly interrelated transactions, with an equivalent value or joint equivalent value that is equal to or exceeds the amounts fixed in the State Decree on Indicators of Unusual Transactions; 16˚ Trading in:
WORKING MODEL OF AMENDED WID ACT, WHICH ENTERERD INTO FORCE ON THE 9TH OF AUGUST 2012
a) money market instruments, such as cheques, bills of exchange and derivatives; b) transferable securities; c) futures market commodities; 17˚ participating in securities dealing and related financial services; 18˚ receiving in safekeeping and managing cash or liquid securities for third parties; 19˚ other forms of investment, administration or management of funds or cash for third parties. d. non-financial services: the following services in or from within Suriname: 1˚ structuring and auditing books of account and records by a natural person, legal entity, company or partnership that acts as an external registered accountant, external accounting consultant or a comparable professional; 2˚ giving of advice or assistance by a natural person, legal entity or company that acts as a lawyer, civil-law notary or junior civil-law notary, accountant/auditor, tax consultant or expert in a legal, tax or administrative field, or who in the performance of a similar legal profession or business, performs independent professional or commercial activities in relation to: a. buying and selling real estate; b. managing cash, securities, coins, bank notes, precious metals, gemstones or other assets; c. managing bank accounts, saving accounts or securities accounts; d. establishing, operating or managing companies, legal entities or comparable entities; e. buying, selling or taking over undertakings; f. organising contributions for the establishment, operation or management of undertakings. 3˚ trading in real estate by a natural person, legal entity or company that professionally or commercially trades in or brokers the purchase or sale of real estate, vehicles, ships/boats, aircraft, art objects, antiques and the rights to which these items are subject; 4˚ trading in gold and other precious metals and gemstones by a natural person, legal entity or company that professionally or commercially trades in precious metals, gemstones and jewellery, in case of financial transactions that equal or exceed the amounts fixed in the State Decree on Indicators of Unusual Transactions; 5˚ trading in motor vehicles, in case of financial transactions that equal or exceed the amounts fixed in the State Decree on Indicators of Unusual Transactions; 6˚ providing games of chance, in case of financial transactions that equal or exceed the amounts fixed in the State Decree on Indicators of Unusual Transactions; e. client: the party with whom a business relationship is entered into, as well as the party that arranges for a transaction to be performed, being a natural person or legal entity to or for whom/which a service is provided. If a service as referred to in Article 1, under c point 5 is provided, this includes the party that pays the premium, as well as the party in whose favour the payment is made; f. transaction: an act or group of acts of or for a client in connection with the purchase of one or more services, or of which a service provider has taken note as part of its service to a client; g. terrorist offence: an offence as referred to in Section 111b of the Surinamese Criminal Code; h. terrorist financing:
WORKING MODEL OF AMENDED WID ACT, WHICH ENTERERD INTO FORCE ON THE 9TH OF AUGUST 2012
1ยบ. the intentional acquisition or availability of monetary instruments or cash equivalents intended for the commission of a terrorist offence; 2ยบ. the intentional provision of resources with monetary value for the commission of a terrorist offence; or 3ยบ. the provision of financial or material support in the acquisition of funds or items for an organisation whose objective is the commission of a terrorist offence; i. shell bank: a financial service provider registered outside Suriname with no physical presence in the country of its registered office and that is not subjected to any effective form of consolidated supervision; j. correspondent banking relationship: a regular relationship between a bank in Suriname and a bank registered outside Suriname for the settlement of transactions or the execution of orders; k. client screening: the investigation as referred to in Article 2 of this Act; l. identification: having an identity report drawn up; m. verifying identity: ascertaining that the provided identity matches the actual identity; n. business relationship: a business, professional or commercial relationship between a service provider on the one hand and a client on the other hand, which relates to the commercial or professional activities of that service provider and in respect of which it is expected at the time contact is made that these activities shall last for some time; o. politically exposed person: a person who occupies or has occupied an important public function abroad, as well as his/her immediate family members and close associates; p. money laundering: an offence as referred to in the Surinamese Act on Criminalizing Money Laundering; q. ultimate beneficial owner: the natural person who ultimately or actually owns or has control over the legal entity, or the person on whose behalf a transaction is performed. The term also includes the person who exercises the ultimate de facto control over a legal entity or legal construct. 2. This Act is not applicable to activities as referred to in paragraph 1, part d under 2, if those activities relate to determining the legal position of a client, his/her representation in court, giving advice before, during and after legal proceedings, or giving advice on instituting or avoiding legal proceedings, to the extent performed by a lawyer, civil-law notary or a junior civil-law notary.
DUTY TO PROVIDE PROOF OF IDENTITY Article 2 1. For the purpose of preventing and fighting money laundering and terrorist financing, service providers shall perform a client screening that in any case shall comprise the following: a. identification of the client and verification of his/her identity, b. if applicable, the identification of the ultimate beneficial owner and the taking of reasonable measures to verify his/her identity in such a manner that the service provider is convinced of the identity of the ultimate beneficial owner; c. determining the object and the intended nature of the business relationship; d. performing on-going checks of the business relationship and the transactions performed during this relationship, for the purpose of ensuring that these transactions correspond with the knowledge that the service provider has of the client and the ultimate beneficial owner, of their risk profile, with, as appropriate, an investigation into the source of the capital involved in the transaction or the business relationship.
WORKING MODEL OF AMENDED WID ACT, WHICH ENTERERD INTO FORCE ON THE 9TH OF AUGUST 2012
2. A service provider shall perform the client screening in the following cases: a. if it enters into a business relationship in or from within Suriname; b. if it performs a non-recurring transaction in or from within Suriname for the benefit of the client with a value as established in the State Decree on Indicators of Unusual Transactions, or if it performs two or more transactions related in any way with a joint value as established in the State Decree on Indicators of Unusual Transactions; c. if indications exist that the client is involved in money laundering or terrorist financing; d. if it doubts the reliability of previously obtained information from the client; or e. if the risk of involvement of an existing client in money laundering or terrorist financing gives cause thereto. 3. The provisions in paragraph 2 shall apply mutatis mutandis if the amount of a transaction is smaller than the amount which is determined as an indicator pursuant to the provisions in Article 12 of the Act on the Reporting of Unusual Transactions, but the transaction, in view of its nature, can be considered to be unusual or is part of an entirety of interrelated transactions. Article 2a 1. Service providers [must] comply with [the provisions of] Article 2, paragraph 1, parts a and b, before the business relationship is entered into or a non-recurring transaction as referred to in Article 2, paragraph 2, part b, is executed. 2. In derogation from paragraph 1, it is possible for: a. a service provider to verify the identity of the client and the ultimate beneficial owner during the business relationship, if such is necessary so as to not disrupt the service and little risk exists of money laundering or terrorist financing; in that case the service provider shall verify the identity as quickly as possible after the first contact with the client; b. a service provider that is a life insurer to identify the beneficiary of a policy and to verify the identity after the business relationship has been entered into; in that case identification and the verification of the identity shall take place on or prior to the time of payment, or on or prior to the time when the beneficiary desires to exercise his/her rights under the policy; c. a service provider that is a bank to open an account before the verification of the identity of the client has taken place, if it guarantees that this account cannot be used prior to the verification having taken place; d. a non-financial service provider that is a civil-law notary to establish the identity of the client and to verify that of the ultimate beneficial owner at the moment identification is required. 3. Without prejudice to paragraph 2, the service provider is prohibited from entering into a business relationship or from executing a transaction if he/she has not performed a client screening, he/she is unable to perform the client screening or the client screening has not lead to the result envisioned by Article 2. 4. If a service provider can no longer comply with [the provisions of] Article 2 after entering into a business relationship, he/she shall terminate this business relationship without delay. 5. If a service provider deems a client screening necessary after the business relationship has commenced and he/she cannot perform this screening in the prescribed
WORKING MODEL OF AMENDED WID ACT, WHICH ENTERERD INTO FORCE ON THE 9TH OF AUGUST 2012
manner, he/she shall terminate the business relationship and make a disclosure under Article 12 of the Disclosure of Unusual Transactions Act. Article 3 1. A service provider shall tailor the client screening to the risk sensitivity for money laundering and terrorist financing of the type of client, business relationship, product or transaction; to that end, he/she shall draw up a risk profile of the client and the ultimate beneficial owner. A service provider shall do everything necessary to acquire information for the purpose of establishing the identity of the parties for whose benefit services are being rendered. 2. The phrase ‘information for the purpose of establishing the identity’ stated in paragraph 1 of this Article shall, among other things, mean: the name, the address, the place of residence/business, the telephone number, the birth date, the nationality, the profession and possibly the employer of the client; in addition, the nature, number, date and place of issue of the documents shall be established on the basis of which the identity has been established. 3. If the client is a natural person, his/her identity shall be established with the aid of the following documents: a. a valid driving licence as referred to in Article 7, paragraph 1 under 3 of the Driving Action 1971, or b. a valid identity card, or c. a valid travel document, or d. another document of the client that is valid in the country of origin that meets the statutory requirements of that country. 4. If the client is a natural person who by operation of law is incapable of performing the legal acts relating to the service, it shall be sufficient for the service provider to establish the identity of the party that acts in that case as legal representative within the meaning of the Suriname Civil Code.
5. If the client is a legal entity, its identity shall be established in the manner as set out in Article 3a of this Act. Article 3a 1. If a client is a Surinamese or foreign legal entity that is also registered in Suriname, the identity shall be established with the aid of a certified extract from the Commercial Register of the Chamber of Commerce and Industry where that legal entity is listed or with the aid of a deed drawn up by a civil-law notary practising in Suriname. The following information shall in any case be contained in this extract: 1° of the legal entity: the legal form, name given in the articles of association, trade name, address with house number, registered office, country of registered office and, if the legal entity is registered at a Chamber of Commerce or listed at a Commercial Register, the registration number at the Chamber of Commerce or the Commercial Register and the registered place of business of the Chamber of Commerce or the Commercial Register where the legal entity is registered or listed; 2˚ of the parties that represent the legal entity at the institution: the surnames, first names, dates of birth and the documents on the basis of which their identities have been established.
WORKING MODEL OF AMENDED WID ACT, WHICH ENTERERD INTO FORCE ON THE 9TH OF AUGUST 2012
2. If a client is a foreign legal entity that is not also registered in Suriname, its identity shall be established with the aid of a certified extract from the Chamber of Commerce, or from the official Commercial Register of the country where the registered office of that legal entity is located, or with the aid of a statement, issued by a civil-law notary or another officer from that country acting independently of the legal entity that can sufficiently guarantee the reliability of this statement on the basis of the nature of his position. The extract or this statement must bear an apostille by which the authenticity of the signature on the extract or the statement can be established. The following information shall, to the extent applicable, in any case be contained in this extract or statement: 1° of the legal entity: the legal form, name given in the articles of association, trade name, address, registered office, country of registered office and the registration number at the Chamber of Commerce or the Commercial Register and the registered place of business of the Chamber of Commerce or the Commercial Register where the legal entity is registered or listed; 2˚ of the parties that represent the legal entity at the institution: the surnames, first names, dates of birth, address, places of residence and the documents on the basis of which their identities have been established; 3° of the officer that establishes the identity of the legal entity, a statement that he/she is independent of the legal entity to be identified. 3. If the client is a legal entity governed by public law, its identity may, without prejudice to the provisions in paragraphs 2 and 3 of Article 3, also be established by a statement of the administrative authority, if it concerns a Surinamese legal entity governed by public law, or a statement of the competent authority, if it concerns a foreign legal entity governed by public law. The following information shall, to the extent applicable, in any case be contained in this statement, which, as evidenced by its date, may not be issued any longer than six months in advance: 1° the date of issue; 2˚ of the legal entity: the name, legal regulation or the decree from which the legal entity governed by public law derives its legal personality, address, and place and country of registered office; 3° of the parties that represent the legal entity at the institution: the surnames, first names, dates of birth, addresses, places of residence, positions, document on the basis of which their identities have been established, as well as the document on the basis of which the power to represent the legal entity governed by public law in respect of the relevant service exists; 4° of the party that issues the statement on behalf of the administrative authority or the competent authority: the surname, first names, date of birth and the position. 4. The identity of religious organisations, independent parts thereof or bodies in which they are united may, without prejudice to paragraphs 2 and 3, also be established by a statement of the organisation of which the religious organisation, the independent part or the body is part. If the religious organisation, independent part or the body is not part of an organisation, the identity can be established on the basis of the religious organisation’s or the body’s own statement, which statement may, as evidenced by its date, not be issued any longer than six months in advance. The following information shall, to the extent applicable, in any case be contained in the statement: 1° the date of issue; 2˚ of the religious organisation, independent part or body: the legal form, name, address, place and country of establishment; 3° of the parties that represent the religious organisation, independent part or body at the institution: the surnames, first names, dates of birth, the positions at the religious organisation, independent part or body, as well as a statement of the type and number of the document on the
WORKING MODEL OF AMENDED WID ACT, WHICH ENTERERD INTO FORCE ON THE 9TH OF AUGUST 2012
basis of which the identity has been established by the religious organisation, independent part or body; 4° of the organisation issuing the statement: the name and place of registered office; 5˚ of the party that issues the statement on behalf of the organisation, religious organisation or body: the surname, first names, date of birth and the position. 5. Further regulations may be issued by State Decree for the purpose of establishing the identity of clients. Article 4 Service providers shall perform a more stringent client screening, if and to the extent that a business relationship or transaction, based on its nature, entails a higher risk of money laundering or terrorist financing. The more stringent client screening shall be performed both prior to the business relationship or transaction and during the business relationship, and shall in any case take place if one of the following situations is applicable: a. if a client is not a resident of Suriname or does not have its registered office in Suriname; b. if a client is not physically present for identification; c. if it concerns private asset management for the benefit of wealthy natural persons; d. for legal entities or entities comparable therewith that are intended for transferring personal fortune; e. for companies and entities comparable therewith that have issued the bearer shares or of which the registered shares are being held for the benefit of third parties; f. for natural persons, legal entities and entities comparable therewith that originate in countries or jurisdictions that do not meet at all or sufficiently the internationally accepted standards in the field of the prevention of and fight against money laundering and terrorist financing; g. for politically exposed persons; h. for entering into correspondent banking relationships. Article 5 Service providers shall keep copies of identification documents of clients for a period of at least seven years after the service has been terminated. Article 6 1. The obligations in Articles 2 and 3 shall be complied with if, for the purpose of establishing the identity of a client, the service provider makes use of the data that he/she established, with due observance of the provisions of this Act, for services previously rendered to that client, provided that that information has not been altered and is not older than seven years. 2. A service provider shall ensure that the data and information that have been received within the context of a client screening, in particular those which relate to clients, ultimate beneficial owners or business relationships constituting a higher risk of money laundering and terrorist financing, have been updated and are relevant. 3. The service provider shall oblige a client to pass on to him/her without delay amendments to the documents or data with the aid of which his/her identity or the identity of the ultimate beneficial owner has been established.
WORKING MODEL OF AMENDED WID ACT, WHICH ENTERERD INTO FORCE ON THE 9TH OF AUGUST 2012
Article 7 1. Every service provider is obliged to record the following information: a. the name, address and place of residence, or the place of registered office of the client and party in whose name an account or a custody account has been opened, or of the party that receives access to a safe deposit box, or of the party in whose name a payment or transaction is being performed, as well as of their representatives; b. the nature, number and date of issue of the document which has been used to establish the identity, unless Article 6 is applicable; c. the nature of the service. 2. In addition to the information stated in paragraph 1 of this Article, the following information relating to the services referred to in Article 1, parts c and d, must also be established: a. in the case of receiving in safekeeping the assets referred to in Article 1, part c under 1: the amount that these assets represent at the time of their receipt for safekeeping or, if this amount cannot reasonably be established, a precise description of those assets and the relevant account number; b. in the case of opening an account or a custody account: a clear description of the type of account or the type of custody account and the number assigned to that account or custody account; c. in the case of renting a safe deposit box: the number or a further distinguishing indication of the relevant safe deposit box; d. in the case of performing payments to redeem coupons or comparable bond documents or comparable negotiable instruments: the amount that is involved in the transactions and the relevant account number; e. In the case of taking out, surrendering and paying, as well as acting as a broker in taking out, surrendering and paying a life insurance agreement and other investment-linked insurance products, including the insured amount and the relevant policy number; f. in the case of crediting or debiting or arranging for the crediting or debiting of an account in which a balance in cash, securities, precious metals or other assets can be kept: the amount involved in these transactions, the account number, as well the amount that these securities, precious metals or assets represent; g. in the case of buying or selling Suriname [dollars] and/or foreign currency, as well as performing national or international financial transfers: the amount that is involved in these transactions and the type of currency. h. in the case of obtaining funds for disposal, due and payable immediately or in due course, in the form of savings or otherwise, or in exchange for the issue of one or more types of debt instruments, and extending loans or making investments for its own account: the amount that is involved in these transactions and the relevant account number;
WORKING MODEL OF AMENDED WID ACT, WHICH ENTERERD INTO FORCE ON THE 9TH OF AUGUST 2012
i. in the case of trading in securities: the account number and the amount that these securities represent; j. in the case of drawing up notarial deeds for the transfer of immovable property situated in Suriname: the amounts that are involved in this transaction; k. in the case of structuring and auditing books of account and records: the amounts involved in these transactions; l. in the case of giving legal assistance to individuals or institutions: the amounts involved in these transactions;
Article 8 1. Every service provider is obliged to keep the information referred to in Article 7 in an accessible manner for a period of seven years after termination of the agreement on the basis of which the service was rendered, or seven years after the execution of a service as referred to in Article 1, parts c and c. 2. Every service provider is obliged, at the request of an authority competent thereto, to keep all information as referred to in Article 7 in an accessible manner, even after the statutorily required period of seven years. Article 9 1. A service provider shall pursue an adequate policy and observe special procedures aimed at establishing whether a client, a potential client or an ultimate beneficial owner is a politically exposed person. A service provider shall further dispose of procedures for establishing the source of the assets of clients and ultimate beneficial owners regarded as politically exposed persons on the basis of the first sentence. 2. Without prejudice to paragraph 3, a service provider that enters into a business relationship with or performs a transaction for a politically exposed person shall ensure that: a. the decision to enter into the business relationship or perform the individual transaction is only taken or approved by persons charged with the overall management of the service provider; b. it performs on-going checks of the business relationship. 3. If a client or ultimate beneficial owner is regarded as a politically exposed person after the commencement of the business relationship, the business relationship shall be continued only after receipt of approval from the persons charged with the overall management of the service provider. 4. A client, a potential client or an ultimate beneficial owner shall be regarded as a politically exposed person up to one year after he/she has stopped holding the important public function. The first sentence shall apply mutatis mutandis to immediate family members and close associates of such a person. Article 10 1. Service providers shall pay particular attention to:
WORKING MODEL OF AMENDED WID ACT, WHICH ENTERERD INTO FORCE ON THE 9TH OF AUGUST 2012
a. business relationships and transactions involving natural persons and legal entities that originate in countries or jurisdictions that do not meet sufficiently or at all the internationally accepted standards in the field of the prevention of and fight against money laundering and terrorist financing; b. all complex and unusual transactions and all unusual characteristics of transactions that do not have any explicable economic or legal object. 2. If a service provider can reasonably suspect that a transaction involving a natural person or a legal entity that originates in a country or jurisdiction as referred to in paragraph 1 has no explicable economic or legal object, or if a transaction as referred to in paragraph 1, part b, occurs, he/she shall conduct an investigation into the background and object of that transaction and record his/her findings in writing. 3. The findings referred to in paragraph 2 shall be kept for a period of at least seven years. Article 8 paragraph 2 applies mutatis mutandis. Article 11 Service providers shall pursue an adequate policy and dispose of adequate procedures aimed at the prevention of abuse of new technological developments and instruments for the purpose of money laundering and terrorist financing. The procedures referred to in the first sentence relate in particular to the risks ensuing from business relationships and transactions, whereby the client is not physically present. Article 12 Notwithstanding his/her own responsibilities under Article 2, a service provider may rely on the client screening performed by a financial service provider having its registered office in Suriname in regards to a client introduced by this financial service provider, to the extent this investigation contains the elements described in Article 2, provided: a. the service provider satisfies himself/herself that copies of all data and information relating to the client screening performed by the third party, as referred to in the opening sentence of this Article, can be made available to him/her without delay by the third party on the service provider’s request; b. the service provider satisfies himself/herself that the third party disposes of procedures and measures that make it possible for the third party to conduct a client screening and to store the data and information that have been received as a result of that client screening. Article 13 1. A banking institution that is planning to enter into a correspondent banking relationship shall ensure that: a. it compiles sufficient information on the bank concerned in order to obtain a complete picture of the nature of its business operations and to establish the reputation of the correspondent banking relationship and the quality of the supervision exercised on that bank, including information on possible investigations in respect of money laundering and terrorist financing or measures taken under supervision; b. it reviews the procedures and measures for the prevention of money laundering and terrorist financing on the part of the bank concerned and satisfies itself that these are adequate and effective;
WORKING MODEL OF AMENDED WID ACT, WHICH ENTERERD INTO FORCE ON THE 9TH OF AUGUST 2012
c. the responsibilities of both banks in the field of the prevention of and fight against money laundering and terrorist financing are recorded in writing. 2. A banking institution shall enter into a new correspondent banking relationship only after a decision to that effect of the persons charged with the overall management of the bank. 3. If a correspondent banking relationship entails the use of transit accounts, the bank shall satisfy itself of the fact that the bank concerned has identified its clients that have direct access to those transit accounts and has verified their identity in accordance with internationally accepted standards for identification and identity verification. Furthermore, the bank shall satisfy itself that the bank concerned is able to furnish the bank on request with all relevant identity data of a client. For the application of the first sentence, the term ‘transit account’ shall be understood to mean an account held by a bank concerned at a bank to which third parties have direct access for the execution of transactions for the benefit of themselves. Article 14 1. A bank is prohibited from entering into or maintaining a correspondent banking relationship with a shell bank. 2. Banks shall satisfy themselves that the financial service providers that have their registered office outside of Suriname with which they enter into or maintain a correspondent banking relationship do not permit their accounts to be used by shell banks. If a situation occurs as referred to in the first sentence, the relevant bank shall terminate the correspondent banking relationship without delay and report such to the Office for the disclosure of unusual transactions (FIUS). CRIMINAL PROVISION Article 15 Violations of the rules laid down by or pursuant to this Act shall be considered to be an offence and punishable by a maximum prison sentence of ten years and a maximum fine of SRD 5,000,000.
TRANSITIONAL PROVISION Article 16 Service providers must comply with the provisions laid down by this Act within three months of the moment of its entry into force.
FINAL PROVISIONS Article 17 1. This Act may be cited as the: Act on the identification requirements for Service Providers. 2. It shall be promulgated in the Official Gazette of the Republic of Suriname.
WORKING MODEL OF AMENDED WID ACT, WHICH ENTERERD INTO FORCE ON THE 9TH OF AUGUST 2012
3. It shall enter into force on the day after the date of its promulgation. 4. The Minister of Justice and Police is entrusted with the implementation of this Act.