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Laws of the Republic of Korea |
1
ENFORCEMENT DECREE OF THE ACT ON REAL NAME FINANCIAL TRANS- ACTIONS AND GUARANTEE OF SECRECY
Presidential Decree No. 15604, Dec. 31, 1997
Amended by Presidential Decree No. 15744, Mar. 25, 1998 Presidential Decree No. 15788, May 6, 1998
Presidential Decree No. 15821, Jul. 1, 1998
Presidential Decree No. 16234, Apr. 9, 1999
Presidential Decree No. 16664, Dec. 31, 1999
Presidential Decree No. 16709, Feb. 14, 2000
Presidential Decree No. 17646, Jun. 29, 2002
Presidential Decree No. 17791, Dec. 5, 2002
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 18491, Jul. 29, 2004
Presidential Decree No. 19002, Aug. 17, 2005
Presidential Decree No. 20261, Sep. 10, 2007
Presidential Decree No. 20653, Feb. 29, 2008
Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on Real Name Financial Transactions and Guarantee of Secrecy and mat- ters necessary for the enforcement thereof.
Article 2 (Financial Institutions)
The term "institutions as determined by the Presidential Decree" in sub-
paragraph 1 (p) of Article 2 of the Act on Real Name Financial
Transac-
tions and Guarantee of Secrecy (hereinafter referred to as the "Act")
shall be as follows: 1. Bond register agencies under the State Bond Act and the Registration
of Bonds and Debentures Act;
2. Specialized credit finance companies and new technology venture
business investment associations under the Specialized Credit
Fi-
ENFORCEMENT DECREE OF THE ACT ON REAL NAME FINANCIAL TRANS-
ACTIONS AND GUARANTEE OF SECRECY
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nancial Business Act;
3. Technology and Credit Guarantee Fund under the Korea Technology
Credit Guarantee Fund Act;
4. Deleted; 5. Small and medium enterprise establishment investment companies,
and small and medium enterprise establishment investment associa-
tions under the Support for Small and Medium Enterprise Establish-
ment Act;
6. Credit Guarantee Fund under the Credit Guarantee Fund Act;
7. Regional and specialized forestry cooperatives and the federation
thereof under the Forestry Cooperatives Act;
8. Credit guarantee foundations under the Regional Credit Guarantee
Foundation Act;
9. Futures companies under the Futures Trading Act;
10. Korea Exchange under the Korea Securities and Futures Exchange Act
(limited to the cases where requesting to offer information
on the
matters referred to in Article 186 (1) 1 of the Securities and Exchange
Act in accordance with paragraph (5) of the same
Article);
11. Korea Housing Finance Corporation under the Korea Housing Finance
Corporation Act; and
12. Other individuals or juristic persons engaged in de facto financial
transactions as determined by Ordinance of the Prime Minister
Article 3 (Real Name)
Real name referred to in subparagraph 4 of Article 2 of the Act shall be
according to the following classification:
2. In the case of a juristic person (including an unincorporated associa-
ENFORCEMENT DECREE OF THE ACT ON REAL NAME FINANCIAL TRANS-
ACTIONS AND GUARANTEE OF SECRECY
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tion considered as a juristic person pursuant to the Framework Act
on National Taxes; hereinafter the same shall apply), the title
and
reg- istration number recorded on the business registration certificate
which is issued pursuant to the Corporate Tax Act:
Provided, That in
case of a juristic person to whom the business registration certificate
has not been issued, the title and tax
code number recorded in the
document carrying the tax code number granted pursuant to the Cor-
porate Tax Act;
3. In the case of an organization other than a juristic person, the real
name of the person representing the organization: Provided,
That in
case of an organization granted an identification number pursuant to
the Value-Added Tax Act or granted a tax code number
pursuant to
the Income Tax Act, the title and identification number or tax code
number of the organization recorded in the document
thereof;
4. In the case of a foreigner, the name and the registration number recorded
on the identification card of registered foreigners
pursuant to the Im-
migration Control Act: Provided, That in case of a person to whom
a registration certificate of foreigner has
not been issued, his name
and number recorded in the passport or on the identification card; and
5. In a case not falling under subparagraphs 1 through 4 above, the real
name as prescribed by Ordinance of the Prime Minister.
Article 4 (Ommission of Verification of Real Names)
(1) Transactions not subject to the verification of real names pursuant
to
Article 3 (2) 1 and 2 of the Act shall be:
1. Continued transactions by accounts in which the real names of the
persons concerned are verified;
2. Receipt of various kinds of public imposts;
3. Transfer of won currency amounting up to one million won (including deposits
without passbook), and purchase or sale of foreign
currency equivalent to one
million won or less; and
4. Transactions such as the purchase of foreign currencies, receipt of deposits in
foreign currency or sale of bonds in foreign currency,
which are traded after
the enforcement date of the Act and until December 31, 1998.
(2) Specific bonds referred to in Article 3
(2) 3 (a), (c) and (e) of the Act shall
be:
No. 16709, Feb. 14, 2000; Presidential Decree No. 19002, Aug. 17, 2005; Presidential Decree
No. 20261, Sep. 10, 2007>
1. Bonds issued by the Labor Welfare Corporation pursuant to Article 28-4 of the
Framework Act on Employment Policy;
2. Bonds issued by the Small Business Corporation pursuant to Article 43 of the
Promotion of Small and Medium Enterprises and Encouragement
of Purchase
of Their Products Act;
3. Deposit insurance fund bonds referred to in Article 26-2 of the Depositor Protection
Act; and
4. Non-performing loan resolution fund bonds referred to in Article 40 of the Act
on the Efficient Disposal of Non-Performing Assets,
etc. of Financial Institutions
and the Establishment of Korea Asset Management Corporation.
(3) Transactions of specific bonds
referred to in Article 3 (2) of the Act shall be
deemed to include the transactions of checks used for transacting the specific
bonds concerned.
Article 6 (Scope of Transaction Information)
The term "information or data on contents of financial transactions" in Article 4
(1) of the Act and Article 5 of this Decree means
the conduct of financial transactions
by a specific person, any original or copy of records on financial transactions which
any
financial institution possesses, and any information learned from the records
(hereinafter referred to as "transaction information"):
Provided, That this shall not
include transaction information from which it is impossible to determine who is
conducting the financial
transaction or for whom it is made (except where the identity
of the trader can be easily determined in combination with other transaction
information,
even if his identity cannot be determined solely on the basis of the transaction information
in question).
Article 6-2 (Real Estate Transaction as to which Inquiry about Financial Transaction
Information is to be Made)
(1) The term "real estate transaction prescribed by the Presidential Decree" in the
proviso of Article 4 (2) of the Act, excluding
its subparagraphs, means the transaction
of real estate (including any right to such real estate; hereafter in this Article the
ENFORCEMENT DECREE OF THE ACT ON REAL NAME FINANCIAL TRANS-
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same shall apply) which falls under any of the following subparagraphs:
1. Transaction of real estate which is made in violation of the Act on
Special Measures for the Registration of Real Estate;
2. Transaction of real estate which is made in violation of the Act on
the Registration of Real Estate under Actual Titleholder's
Name;
3. Transaction of real estate in which the broker, etc. provided for in the Real Estate
Brokerage Act transfer the real estate directly
acquired by himself in violation
of the said Act;
4. Transaction of real estate in which no report or a false report is made after transferring
the status of being selected as an
occupant of a house within an overheated
speculation district, or concluding a contract for ownership transfer within an area
for
reporting on housing transactions in violation of the Housing Act; and
5. Transaction of real estate in which one household referred to in Article 154 (1)
of the Enforcement Decree of the Income Tax Act
transfers real estate, satisfying
all the requirements of the following items:
(a) That the one household has transferred or acquired real estates not less than
three times within a year retroactive from the
date of transferring a real
estate;
(b) That the total sum of standard market prices of the transferred real estate
under Article 99 of the Income Tax Act is not less
than 500 million won
(including the transaction of real estate determined by the Commissioner
of the National Tax Administration
in which the land exceeding the size
subject to the permission of land transaction contract within the area subject
to the permis-
sion of land transaction contract under Article 117 of the
National Land Planning and Utilization Act is transferred through division,
of which total sum of standard market prices thereof is less than 500 million
won), or the transaction of real estate in which
any right to the real estate
is transferred is included; and
(c) That any party to the transaction of the real estates does not present documents
required for a verification of their actual
trade prices or the contents of the
documents presented are clearly false.
(2) The term "in the event that it is requested under the conditions as prescribed
by the Presidential Decree" in the proviso of
Article 4 (2) of the Act, excluding
its subparagraphs, means in the event that the providing of transaction information,
etc. is
requested in the name of any person falling under any of the following
ENFORCEMENT DECREE OF THE ACT ON REAL NAME FINANCIAL TRANS-
ACTIONS AND GUARANTEE OF SECRECY
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subparagraphs:
1. The Commissioner of the National Tax Administration or the Com-
missioner of a Regional Tax Office;
2. The Commissioner of the Korea Customs Service, the head of the
Seoul Customs, the head of the Incheon Airport Customs, the head
of the Incheon
Customs, the head of the Busan Customs, the head of the Daegu Customs, or
the head of the Kwangju Customs; or
3. The Special Metropolitan City Mayor, Metropolitan City Mayor, or Do governor.
[This Article Newly Inserted by Presidential Decree
No. 18491, Jul. 29, 2004]
Article 7 (Provision of Transaction Information upon Request by Holder of Title Deed)
(1) Where a person
working for a financial institution referred to in Article 5 (hereinafter
referred to as "employee of financial institution") is
requested to provide transaction
information by a holder of a title deed, he shall confirm whether the requesting person
is a holder
of a title deed.
(2) Where a person who holds a position to exercise the legal power of a holder
of a title deed over his financial assets, such
as the successor to the holder of a
title deed or the testamentary donee, makes a request to provide transaction information,
any
employee of financial institution shall confirm whether such legal power exists.
(3) Financial institutions shall ensure that transaction
information is not leaked to
any other person in the course of confirming the holder of a title deed or providing
transaction information,
and shall establish methods and procedures on the confirmation
of holders of title deeds and the provision of transaction information.
Article 8 (Provision of Transaction Information by Consent of Holder of Title Deed)
(1) A financial institution shall receive written
consent which includes the following
matters if it intends to provide any person other than the holder of a title deed with
transaction
information by the consent of the holder of a title deed. In this case,
it shall receive the written consent of all holders of title
deeds if there are two or
more:
1. The persons who will receive transaction information;
2. The financial institutions which will provide transaction information;
3. The scope of transaction information to be provided;
4. The date of drawing up a written consent;
5. The term of validity of a written consent; and
6. The imprint of a seal impression (including sign impressions) registered at the
financial institution or a seal impression registered
at the Eup/Myon/Dong office
(meaning registration office for a juristic person) by the holder of a title deed.
ENFORCEMENT DECREE
OF THE ACT ON REAL NAME FINANCIAL TRANS-
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In this case, where the holder of a title deed directly submits a written consent,
or a public official submits upon receipt of
a written consent from the holder
of a title deed for the performance of his official duties, the seal may be replaced
by an autograph
or a thumbprint of the holder of a title deed.
(2) A financial institution may, if the contents entered in a written con- sent under
paragraph (1) are ambiguous or suspicious, confirm the contents to the holder of
a title deed.
Article 9 (Provision of Transaction Information inside Same Financial Institution or between Financial
Institutions)
(1) The provision of transaction information necessary for business inside
the same financial institution under Article 4 (1) 5
of the Act means the provision
of transaction information necessary for business between persons who manage part
of the business
entrusted by the financial institution concerned or by any other contract
and the main office, branch, business place thereof.
(2) The provision of transaction information necessary for business between
financial institutions under Article 4 (1) 5 of the
Act means the provision by a financial
institution of transaction information necessary for business to any other financial
institution,
or the provision by a financial institution of transaction information necessary
for business to a person who collects, manages
and provides transaction information
or to a person who handles financial asset transfer business between traders under
Acts and
subordinate statutes or agreements between financial institutions.
Article 10 (Scope of Personal Information on Traders)
The term
"personal information on the holder of a title deed" in Article 4
(2) 1 of the Act means: 1. Name of the holder of a title deed (name of a juristic person or an organization);
2. Resident registration number (including all numbers, such as passport numbers and
business registration numbers, used for confirming
the holder of a title deed
at the time of financial transactions);
3. Account number;
4. Deed number; and
5. Other information by which a financial institution can identify whose transaction
information.
Article 10-2 (Scope of Expenses Spent to Notify Title Holder)
Expenses to be borne by anyone who has requested provision of transaction
information,
etc. pursuant to Article 4-2 (4) of the Act shall not exceed postage directly spent
by any financial institution to
notify the title holder concerned of the fact of such
ENFORCEMENT DECREE OF THE ACT ON REAL NAME FINANCIAL TRANS-
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OF SECRECY
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provision.
[This Article Newly Inserted by Presidential Decree No. 18491, Jul. 29, 2004]
Article 11 (Request for Statistical Data)
The Financial Services Commission may request the head of the following
agency which supervises and inspects the financial institutions
provided
for in Article 2 of the Act pursuant to the Acts and subordinate statutes,
to present statistical data with regard to
the number of demand and
provision of transaction information, etc. demanded by business category
of financial institution and
the number of demand and provision of
transaction information, etc. by demanding agency within two months
after the end of each
quarter. In this case, the head of the supervisory
and inspectorial agency for financial institution requested therefor shall
cooperate
therewith unless there exists any special reason: 1. Minister of Knowledge Economy ;
2. Governor of the Financial Supervisory Service;
3. President of the Korean Federation of Community Credit Cooperatives under the
Community Credit Cooperatives Act; and
4. President of the National Forestry Cooperatives Federation under the Forestry
Cooperatives Act.
[This Article Wholly Amended by Presidential Decree No. 17646, Jun 29, 2002]
Article 12 Deleted.
(2) The head of supervisory and inspectoral agency for financial institutions as
determined by Ordinance of the Prime Minister shall
investigate any offense referred
to in paragraph (1) and notify the Financial Services Commission thereof.
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designated date, the person subject to the fine for negligence shall be deemed to
have no opinion.
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Repeal of Other Acts and Subordinate Statutes)
The
following Acts and subordinate statutes are hereby repealed:
1. Enforcement Decree of the Presidential Financial and Economic Emergency Order
on Real Name Financial Transactions and Guarantee
of Secrecy; and
2. Regulations on Article 4 of the Enforcement Decree of the Presidential Financial
and Economic Emergency Order on Real Name Financial
Transactions and
Guarantee of Secrecy.
Article 3 (Value of Financial Assets)
The value of financial asset referred to in Articles 6 (1) and 8 (1) of the Addenda
of the Act shall be the following amounts:
1. Deposits, deposit money, and trust property, etc.: the amount which can be
withdrawn as of August 12, 1993;
2. Financial assets by accumulation method such as installment depos-
its, installments, fraternity dues; the total sum paid in until
August
12, 1993;
3. Premiums and amounts deducted: the amount which can be refunded as of August
12, 1993;
4. Stocks, investment equity and beneficiary certificates: the amount calculated by
multiplying the price fixed on the last business
day before August 12, 1993 by
the quantity;
5. Bonds: the value as determined by the Ordinance of the Prime Minister;
6. Bills: the buying price; and
ENFORCEMENT DECREE OF THE ACT ON REAL NAME FINANCIAL TRANS-
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7. Financial assets not provided in subparagraphs 1 through 6: the amount calculated
by the method for calculating the value of financial
assets similar to the financial
assets concerned.
Article 4 (Causes for Exemption from Charges on Those Who have Con- verted into Real Names)
The term "causes as determined by the
Presidential Decree" in Article 6 (2) of the
Addenda of the Act means where a person falling under any of the following
subparagraphs
as of October 12, 1993, from among traders of existing financial
assets, has no lineal ascendants or descen- dants (excluding minors;
hereinafter in
this Article the same shall apply) or spouse, or where there is cause that his lineal
ascendants or descen- dants
fall under any of the following subparagraphs and the
cause con- tinues even after the date of entry into force of the Act:
1. Where any of them is hospitalized at a medical institution under the Medical
Service Act or isolated and housed at a preventive
facility under the Prevention
of Contagious Diseases Act due to disease;
2. Where any soldier or police officer lives in barracks or on board a ship pursuant
to Acts and subordinate statutes;
3. Where any of them continues to be housed, detained, in custody or otherwise
in a prison, detention house, juvenile reformatory,
juvenile classification home,
protective internment facility or protective guidance office, etc.;
4. Where it is unclear who will be a legal title holder of financial assets to be converted
into real name due to the pendency of
action or the process of inheritance proceedings,
etc.;
5. Where a seaman has departed from the country on an ocean-going ship;
6. Where any of them has emigrated abroad and acquired a denizenship or long-term
stay status, etc.;
7. Where any of them stays abroad for the purpose of official business, commercial
business, studying and training, etc.; and
8. Where it is deemed that there are obvious compelling causes corre- sponding
to subparagraphs 1 through 7.
Article 5 (Notification of Real Name-Converted Assets)
(1) Notification to the Commissioner of the National Tax Administration referred
to in Article 8 (2) of the Addenda of the Act shall be made by the end of the month
following the month in which the conversion
into real name is made.
(2) A financial institution shall specify the date of conversion into real name, names
before and after
conversion into real names, resident registration numbers and real
name-converted amount in making the notification under Article
8 (2) of the Addenda
of the Act.
ENFORCEMENT DECREE OF THE ACT ON REAL NAME FINANCIAL TRANS-
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Article 6 (Special Cases for Tax Investigations on Specific Bonds and Small and Medium Business
Investments)
(1) The bearer of specific bonds referred to in Article 9 of the Addenda of
the Act shall be: 1. A person who holds specific bonds; and
2. A person who, having specific bonds redeemed at maturity, has been confirmed
by the issuing agency of the bonds or a financial
institution that he has had the
bonds redeemed at maturity under his real name.
(2) Where an issuing agency of specific bonds or a financial institution confirms
the fact that a person has had bonds redeemed
at maturity pursuant to paragraph
(1) 2, it shall issue to the person having the bonds redeemed a fact-confirmation of
redemption
at maturity on which the bond name, persons to have bonds redeemed,
amount of redemption and date of redemption are entered, and
transmit the copy
thereof to the Commissioner of the National Tax Administration within ten days
from the date on which the copy
is confirmed.
(3) The term "period as determined by the Presidential Decree" listed in the
purview of Article 10 (1) of the Addenda of the Act
means the period from
the date of entry into force of the Act until December 31, 1998.
(4) The term "small and medium business as determined by the Presi- dential Decree"
listed in Article 10 (1) 1 of the Addenda of
the Act means any small and medium
business under Article 2 of the Enforcement Decree of the Tax Reduction and Exemption
Act (hereinafter
in this Article referred to as "small and medium business") as of
the date of contribution.
(5) The term "those as determined by the Presidential Decree" listed in Article 10
(1) 2 of the Addenda of the Act means the following
juristic persons or associations:
1. New technology business investment associations under the Specialized Credit
Financial Business Act; and
2. Specialized credit finance companies which have registered only new technology
financial businesses pursuant to Article 3 (1)
of the Specialized Credit Financial
Business Act and persons who have been deemed to have registered new technology
financial businesses
and equipment rental businesses pursuant to Article 4 (6) of
the Addenda of the Specialized Credit Financial Business Act.
(6)
The term "those as determined by the Presidential Decree" listed in Article 10
(1) 3 of the Addenda of the Act means the following
financial institutions:
1. The Industrial Bank of Korea under the Industrial Bank of Korea Act;
2. Financial institutions to which the provisions of the proviso of Article 16 (1)
ENFORCEMENT DECREE OF THE ACT ON REAL NAME FINANCIAL
TRANS-
ACTIONS AND GUARANTEE OF SECRECY
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of the Banking Act apply;
3. Mutual savings and finance companies under the Mutual Savings and Finance
Company Act;
4. Specialized credit finance companies under the Specialized Credit Financial Business
Act; and
5. Financial institutions as determined by the Minister of Finance and Economy
from among those established with authorization under
the Banking Act.
(7) The term "credit guarantee institutions as determined by the Presidential Decree"
listed in the purview of
Article 10 (2) of the Addenda of the Act means:
1. The Credit Guarantee Fund under the Credit Guarantee Fund Act;
2. The Technology and Credit Guarantee Fund under the Financial Assistance to
New Technology Business Act; and
3. Organizations referred to in Article 19-2 (1) of the Enforcement Decree of the
Credit Guarantee Fund Act or Article 22-2 (1) of
the Enforcement Decree of
the Financial Assistance to New Technology Business Act.
(8) The term "causes as determined by the Presidential
Decree" listed in the proviso
of Article 10 (3) 3 of the Addenda of the Act means the following causes:
1. Where contribution quotas or investment quotas are transferred by a compulsory
execution or disposition for arrears under a decision
of the court or Acts and
subordinate statutes; and
2. Where a minor stockholder under Article 20 (3) of the Income Tax Act recalls
his contribution quotas due to the dissolution of
the juristic person concerned.
(9) The term "cases as determined by the Presidential Decree" listed in Article 10
(3) 4 of the
Addenda of the Act means;
1. Where a contributed juristic person does not fall under the category of small
and medium business due to a change of major businesses
before five years
elapse from the date of contribution;
2. Where a contributed juristic person is dissolved or closes down its business
operations before five years elapse from the date
of contribution; and
3. Where a contributed juristic person, if it is newly established, does not start business
before five years elapse from the date
of contribution.
Article 7 (Contribution Methods of Contribution Imposts)
(1) A resident who intends to contribute imposts pursuant
to Article 10 (2) of the Addenda
of the Act shall submit an application for contributing imposts in which the following
matters
are entered, together with contribution imposts, to a credit guarantee institution
referred to in Article 6 (7) of the Addenda (hereinafter
referred to as "credit guarantee
institution") by the end of the month following that in which the date of contribution
falls:
13
1. The financial institution to which he contributed, the amount of contribution and
the time of contribution; and
2. The credit guarantee institution to which he intends to contribute imposts, and
the amount of contribution.
(2) Contribution imposts shall be deemed to have been contributed when the credit
guarantee institution receives the application
for contributing imposts referred to
in paragraph (1) together with contribution imposts.
(3) Where a credit guarantee institution
receives contribution imposts, it shall issue
a confirmation of contribution imposts in which the fol- lowing matters are entered,
and transmit a copy thereof to the head of the district tax office having jurisdiction
over the contributor's address:
1. The contributor, the amount of contribution and the time of contri- bution; and
2. The financial institution to which the contributor has contributed, the amount
of contribution and the time of contribution.
Article 8 (Agency Promoting Real Name Financial Transactions)
The term "time as determined by the Presidential Decree" listed in
Article 11 of
the Addenda of the Act means December 31, 1999.
Article 9 Deleted.
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA
ENFORCEMENT DECREE OF THE ACT ON REAL NAME FINANCIAL TRANS-
ACTIONS AND GUARANTEE OF SECRECY
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This Decree shall enter into force on January 1, 2000: Provided, That ...(Omitted.)...
the provision of Article 8 of this Addenda
shall enter into force on January 1, 2001.
Articles 2 through 7 Omitted.
Article 8 (Amendments to Other Acts and Subordinate Statutes) Omitted.
Article 9 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM
ADDENDUM
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ADDENDA
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA
This Decree shall enter into force on date of its promulgation. (Proviso
Omitted.)
Article 2 Omitted.
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