For the purposes of Law 10/2010 of 28 April 2010, politically exposed person shall be understood to mean:
- Persons who are or have been entrusted with important public functions, such as Heads of State, Heads of Government, Ministers or other members of Government, Secretaries of State or Under-Secretaries; Members of Parliament; Judges of supreme courts, constitutional courts or other high judicial bodies whose decisions are not normally subject to appeal, save in exceptional circumstances, including equivalent members of the Public Prosecutor’s Office, shall be deemed to be persons having public responsibility; members of courts of auditors or boards of central banks; ambassadors and chargés d’affaires; senior military personnel of the armed forces; members of the administrative, management or supervisory bodies of publicly owned enterprises; directors, deputy directors and members of the board of directors, or equivalent function, of an international organisation; and senior officials of political parties with parliamentary representation.
- The following shall also be considered as persons with public responsibility:
a) Persons, other than those listed in the previous section, who are considered senior officials in accordance with the provisions of Article 1 of Law 3/2015, of 30 March, regulating the exercise of senior officials of the General State Administration.
b) Persons who hold or have held important public functions at the Spanish autonomous community level, such as Presidents and Councillors and other members of the Governing Councils, as well as persons who hold positions equivalent to those listed in letter a), and autonomous community deputies and senior management positions in political parties with autonomous community representation.
c) In the Spanish local sphere, mayors, councillors and persons holding positions equivalent to those listed in point a) in municipalities that are provincial capitals or Autonomous Community capitals and in Local Bodies with more than 50,000 inhabitants, as well as senior management positions in political parties with representation in those districts.
d) Senior management positions in Spanish trade union or business organisations.
e) Persons who perform important public functions in international organisations accredited in Spain. - None of the categories provided for in the previous paragraphs shall include public employees at intermediate or lower levels.
- Any family members and close associates of persons mentioned above are also considered politally exposed persons. A family member shall be considered to be the spouse or person with a stable relationship of analogous affectivity, as well as parents and children, and spouses or persons with a stable relationship of analogous affectivity to children. Any natural person who is known to have ownership or control of a legal instrument or legal person jointly with a person with public liability, or who has other close business relationships with such a person, or who has ownership or control of a legal instrument or legal person which is known to have been set up for the benefit of such a person, shall be deemed to be a close associate to such a person.
