Audit and control
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It is responsibility of the Public Prosecutor’s Office to authorize the list of specific access points (PUA, from its initials in Spanish), and to check that the queries are made by the authorities or authorized officers and for the purposes established in article 43 of Law 10/2010 of 28 April on the prevention of money laundering and terrorist financing.
The State General Prosecutor shall appoint, and communicate to the Prosecutorial Council, in accordance with provided in article 43.4 of Law 10/2010 of 28 April, a member of the Public Prosecutor’s Office responsible for ensuring the proper use of the FTF.
The appointed Prosecutor may audit accesses to the FTF as it deems necessary. To this end, Sepblac keeps permanently available to the appointed Prosecutor a record of the queries and accesses made in the performance of its functions and by other PUAs. In any case, every six months Sepblac will provide the appointed Prosecutor a record of the accesses performed.
Notwithstanding the foregoing, when Sepblac becomes aware that there have been an irregular query or access to the FTF or when access is requested outside the channel established in current regulations, it shall report to the appointed Prosecutor or, where appropriate, to the relevant PUA. In case the appointed Prosecutor, either based on the information submitted by Sepblac or by any other means, considers that there are signs of an irregular query or access, (s)he shall initiate preliminary proceedings.
If the preliminary proceedings prove that the query or access investigated was irregular, the appointed Prosecutor shall submit a copy of the proceedings to the body in charge of initiating the relevant disciplinary proceeding. In case the event be a criminal offence, it shall be transferred to the Public Prosecutor’s Office or the competent judicial body.