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Primary Infraction + Money laundering = the qualification of money laundering. i.e. of primary infraction: drug trafficking, human trafficking, serious organised crimes, corruption etc
c) The elements of qualification of money laundering: A material and a moral element. A material element may be the criminal origins of the money (primary infraction such as money laundering) but also all the actions taken in order to hide the criminal origins of the money. A moral element is the awareness of the criminal origins of the money but may also be the intention to clean the money.
The Directive 2005/60/EC of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing. This directive replaces the first directive of money laundering attempt to modernize the financial sector. Its scope of application appears to be extent by dealing with terrorism financing
Clients
Transmisison of the investigative file to the court
1) Professionals responsibilities in the prevention of money laundering a) Obligation of caution Obliglation to operates a permanent control upon their clients: control of their identity, their transactions (its nature and the beneficiary). Obligation to document its control: reports etc Possibilitty to temper the surveillance according to the risks presented by the client. Data retention: minimum 5 years after the end of the contractual relationship.
National FIU
National professionals
Intelligence services
Third countries FIUs Judges (commercial courts, civil courts, criminal courts)
Clientsdata
Tax authorities
Police forces
Social agencies