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Financial CrimeOverviewThe creation of the Single Market and the breaking down of barriers not only aids legitimate business, but may also provide increased opportunities for money laundering and financial crime. European legislation has been adopted to protect the financial system and other vulnerable professions and activities from being misused for money laundering and financing of terrorism purposes. At the wider international level, the Internal Market Directorate General heads the European Commission’s delegation to the Financial Action Task Force on Money Laundering, the foremost world body active in this area. News
NewsletterMoney laundering and terrorist financingMoney laundering and terrorist financing: Third Country EquivalenceArticle 11 §4 of Directive 2005/60/EC contains an obligation for Member States to inform each other, the ESAs and the Commission of cases where they consider that a third country meets EU AML/CFT equivalence standards. Such equivalence recognition is necessary in order to apply some of the directive’s provisions on, for example, simplified due diligence. In the context of this obligation and in order to coordinate their approach on equivalence, Member States have agreed a list of equivalent third countries. This list, which will be regularly assessed, has been established in accordance with a Common Understanding on the Procedure and Criteria for the Recognition of Third Countries’ Equivalence agreed by Member States. The Commission has agreed to publish this list on its website, but wishes to stress that the assessment of third country equivalence remains a Member State competence. Indeed, Directive 2005/60/EC does not grant the European Commission any mandate to establish a binding ’positive’ list of equivalent third countries.
Money laundering and terrorist financing: Supervision of and reporting by Payment InstitutionsThe European Commission has published a staff working paper to provide guidance to EU supervisors and private stakeholders about the interaction between EU rules governing Payment Services Providers and rules governing Anti-Money Laundering. The guidance is focused on the supervision of payment institutions and their reporting obligations in various cross-border situations.
Money laundering and terrorist financing: The Directives
Money laundering and terrorist financing: Other legal texts
Money laundering and terrorist financing: Committee MeetingsEU FIUs PlatformThe “EU Financial Intelligence Units’ Platform” is an informal group set up in 2006 by the European Commission, which gathers Financial Intelligence Units from the Member States. Its main purpose is to facilitate cooperation among the FIUs. The European Commission participates in the Platform and provides support. Report on Feedback on money laundering and terrorist financing cases and typologiesOn 22 April 2008, the Platform adopted a report on “Feedback on money laundering and terrorist financing cases and typologies”. The report contains a brief overview of the existing regulatory framework regarding feedback and analyses different kinds of feedback, with a view to identify good practices which can be followed to improve quality and effectiveness of feedback. Specific sections of the report are dedicated to feedback to reporting entities on individual cases, trends and typologies, feedback between Law Enforcement Authorities and the FIU, FIU-to-FIU feedback and to the exchange of information between the FIU and other competent authorities. Report on Confidentiality and data protection in the activity of FIUsOn 28 April 2008, the Platform adopted a report on “Confidentiality and data protection in the activity of FIUs”. The report explores the relationships between the activities related to the detection, disclosure and analysis of suspicious transactions reports and data protection safeguards, with a view to identify convergences and practical difficulties in the activity of FIUs. The report deals, in particular, with the processing of information by the FIUs, the exchange of data among FIUs, the sharing of information within the group or network to which the reporting institution or person belongs. Financial malpractice
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