28
Jul
2023
Legal overview
Criminal law
International and European law
Public law
2023
Legal overview
Criminal law — International and European law — Public law
Monthly Legal Overview (July 2023)
99 AVOCATS is pleased to propose a summary of legal news in Monaco in July 2023.
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CRIMINAL • IT • COMPARATIVE LAW
Defamation on the Internet ● The "destination to the public of Monaco", a jurisdictional criterion identified by the Correctional Court
We draw your attention to a judgment handed down by the Criminal Court on 13 June 2023, which :
- clarifies that it does not have universal jurisdiction over the disputed writings distributed on the Internet, even if they are accessible from Monegasque territory; and
- subordinates its jurisdiction to the criterion of the destination of the disputed writings to the public of Monaco, in the absence of any other criterion of connection to the Principality.
This solution is similar to that adopted by the French Cour de cassation.
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TAX • PUBLIC
Increase in State tax revenue ● Law no. 1.548 of 6 July 2023
Law no. 1.548 of 6 July 2023 containing various tax provisions (JDM no. 8651 of 14 July 2023) increases the amounts of fixed and proportional registration duties and creates a tourist contribution.
These provisions will come into force in respect of deeds submitted for registration from 1 October 2023, and from 1 January 2024 in the case of the tourist contribution.
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INTERNATIONAL • MONEYVAL • COMPLIANCE
Fight against money laundering, terrorist financing and the proliferation of weapons of mass destruction ● Law no. 1.549 of 6 July 2023
Law no. 1.549 of 6 July 2023 adapting legislative provisions to fight money laundering, financing of terrorism and proliferation of weapons of mass destruction (Part I) (JDM no. 8651 of 14 July 2023) implements the recommendations of the MONEYVAL Committee resulting from Monaco's 5th Mutual Evaluation Report in this area.
The (numerous) new provisions, which mainly amend Law no. 1.362, will come into force on the date set by the implementing regulations, but no later than 30 September 2023.
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ENVIRONMENT • PUBLIC
Energy management of lighting in business premises until 29 October 2023
Ministerial Order no. 2023-426 of 14 July 2023 (JDM no. 8652 of 21 July 2023) governs the energy management of lighting and interior lights, facades, shop windows and signs on certain business premises during the summer period until 29 October 2023.
Ministerial Order no. 2023-425 of 14 July 2023 (JDM no. 8652 of 21 July 2023) lays down the rules for energy management in public buildings used for public services and the exemplary role of the State and the Commune.
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PUBLIC • EUROPE • GRECO
Principles and rules governing the ethics, professional conduct and compliance of members of the Government
Sovereign Order n° 9.931 of 15 June 2023 (JDM no. 8652 of 21 July 2023) sets out the principles and rules of ethics, professional conduct and compliance applicable to the Minister of State and Government Councillors-Ministers:
- Ethical principles and rules of conduct
- Conflicts of interest
- Declarations of assets and interests
- Gifts and benefits
- Exercise of private activities by former members of the Government
- Training and awareness
This mechanism is to be linked to the Fifth Evaluation Round of the Council of Europe's Group of States against Corruption (GRECO), which focuses on "Preventing corruption and promoting integrity in central governments (top executive functions) and law enforcement agencies", forthcoming for Monaco.
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FATF • EUROPEAN UNION • COMPLIANCE
New list of countries with a high risk of money laundering and terrorist financing
Ministerial Order no. 2023-413 of 7 July 2023 (JDM no. 8651 of 14 July 2023) amending Ministerial Order no. 2021-703 of 8 November 2021, updates the list of States or territories whose systems for combating money laundering, terrorist financing or corruption are strategically deficient (high-risk States or territories: HSRT) pursuant to article 14-1 of Law no. 1.362 of 3 August 2009, following the decisions of the FATF and the European Union.
Cameroon, Croatia and Vietnam have been added to the national list.
Nicaragua, Pakistan and Zimbabwe have been removed from the national list.
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INTERNATIONAL • EUROPE • CRIMINAL • PUBLIC
Human trafficking: Monaco adjusts its criminal law, transcribes victims' right to information and training for professionals
Sovereign Order no. 9.966 of 30 June 2023 (JDM no. 8650 of 7 July 2023) amended Sovereign Order no. 605 of 1 August 2006 which made trafficking in persons a criminal offence under Monegasque law (in particular for the purposes of forced labour or services, servitude, removal of organs, slavery or similar practices, prostitution of others or other forms of sexual exploitation),
The amendments transcribe the recommendations of the Council of Europe's Group of Experts on Action against Trafficking in Human Beings (GRETA), in line with Monaco's international obligations under the Council of Europe Anti-Trafficking Convention, the Palermo Protocol to the United Nations Convention against Transnational Organised Crime, and Article 4 of the European Convention on Human Rights.
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PROPERTY & CONSTRUCTION • SAFETY
Carbon monoxide detectors compulsory in homes
Ministerial Order no. 2023-416 of 11 July 2023 (JDM no. 8652 of 21 July 2023) introduces the obligation to install a carbon monoxide detector with an audible alarm (which may be "connected") applicable to new and existing installations.
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HEALTH • PUBLIC
COVID-19 ● Repeal of 9 ministerial decisions and extension of certain measures
Ministerial Decisions of 18 July 2023 (JDM no. 8652 of 21 July 2023) repeal among others: the health pass, exceptional measures (prevention in the context of a professional, associative or religious activity, wearing a mask in healthcare establishments and collective accommodation facilities for the elderly).
The following measures have been extended until 31 October 2023: any positive test result (but no longer a negative result) must always be declared by the person under whose responsibility the test was carried out, to the Direction de l'Action Sanitaire (Health Action Department); conditions for reimbursement by the health insurance scheme of Covid-19 examinations and regulations relating to self-tests.
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INTERNATIONAL • PUBLIC • IT
Sovereign Cloud's "twin": entry into force of the bilateral agreement with Luxembourg
Sovereign Order no. 9.965 of 30 June 2023 (JDM no. 8650 of 7 July 2023) rendered enforceable from 30 June 2023 the Agreement between the Principality of Monaco and the Grand Duchy of Luxembourg concerning the hosting of data and information systems, signed in Luxembourg on 15 July 2021, which guarantees the inviolability and immunity of the Principality's assets.
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CRIMINAL • JUDICIAL • PUBLIC
Judicial requisitions to the electronic communications operator ● public service delegatee
The Order of the Secretary of State for Justice, Director of Judicial Services no. 2023-24 of 6 July 2023 (JDM no. 8651 of 14 July 2023), which will come into force on 1 January 2024, concerns judicial requisitions to the electronic communications operator (interception of calls, real-time location, provision of data identifying the persons benefiting from or using the services provided, technical characteristics of communications and location of terminal equipment).
It guarantees the operator fair remuneration for the services detailed in the appendix, and creates a liaison committee between the judicial authority and the operator.
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PUBLIC • FAMILY • COMPANIES • TAX
Draft Law no. 256 on mixed interest foundations
Draft Law no. 256, tabled on 24 July 2023, creates a mixed-interest foundation with a primary aim of general interest and a secondary aim that may include :
- the acquisition of holdings in commercial companies, or
- the management of assets, a portfolio of assets or companies, or
- the payment of educational expenses, the support and assistance of members of the founder's family, or
- maintaining the family character of a company or group of companies.
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PROTECTION OF PERSONAL DATA • EUROPEAN UNION • UNITED STATES
Transfer of personal data EU/USA ● Adequacy decision of 10 July 2023 of the European Commission (commercial sector)
On 10 July, the European Commission officially adopted the Implementing Decision pursuant to Regulation (EU) 2016/679 (GDPR) on the adequate level of protection of personal data under the EU-US Data Privacy Framework.
Personal data will thus move freely from the EU to companies in the United States that participate in this new personal data protection framework, the list of which will be managed and made public by the US Department of Commerce, regardless of the transfer mechanisms used (standard contractual clauses, binding corporate rules, etc.).
As a reminder, transfers of personal data from Monaco to the United States are currently subject to prior authorisation from the Commission de Contrôle des Informations Nominatives (CCIN).
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