G 2 in Referring to These Entities, It Is Sometimes Not Clear Which of the Decrees Applies

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G 2 in Referring to These Entities, It Is Sometimes Not Clear Which of the Decrees Applies

PANAMA LEGAL PROVISION YES NO DRAFT IN FORCE PROPOSED CREATION OF A CRIMINAL OFFENCE(A.1-C.1)  Law No. 23 of December 30, 1986 as amended by Law No. 13 of July 27, 1994, Arts. 10, 11, 12, 13 and 14 included in the Master Text (Texto Unico) of these laws. Law No. 41 of October 2000 expands the criminal offence of money laundering to include proceeds arising from other crimes such as the trafficking of firearms and persons, kidnapping, extortion, corruption of public officials, pornography, prostitution, terrorism and fraud (Arts. 389 to 393). `FORFEITURE A.2.b (i)  Law No. 23 of December 30, 1986 as amended by Law No. 13 of July 27, 1994, Law No. 8 of April 4, 1995, Law No. 46 of November 17 1995, which amends Cabinet Decree No. 41 of 1990 and others

FINANCIAL INFORMATION (sharing of information by competent  Judicial Code, title XIV, Ch. V, Art. 384, authorities) (A. 3 .a (i)) Law No. 23 of December 30,1986, as amended by Law No. 13 of July 27, 1994 and Law 18 of January 28 of 1959, concerning numbered accounts. Law No. 42 of October 2000, Art. 2. FINANCIAL INFORMATION(authorization of financial institutions to  Judicial Code, title XIV, Ch.V, Art. 384, provide information to authorities on their clients (C.2. a (i )) Jan. 18, 1959 concerning numbered accounts, Law No. 46 of November 17, 1995 that amends Cabinet Decree No. 41 of 1990, Executive Decree 234 of 1995, Agreement I-96 of the Banking Commission, and Agreement No. 34 of the Banking Association FINANCIAL INFORMATION( information exchange between courts/  With the U.S., the U.K, Costa Rica, El authorities pursuant to international agreements) (a.3.b(i)- C.2.b (i) Salvador, Guatemala, Honduras, Nicaragua, Mexico, Cuba, Peru, Argentina Decree No. 163of October 2000, Art. 2. FINANCIAL INFORMATION (direct information exchange through  With the U.S., U.K., Costa Rica, El international agreements) (C.11)) Salvador, Guatemala, Honduras, Nicaragua, Mexico, Cuba, Argentina LEGAL ASSISTANCE, (government authorized to respond to requests  With U.S., U.K., Costa Rica, El Salvador, for legal assistance from other governments (C.6)) Guatemala, Honduras, Nicaragua, Mexico, Cuba, Peru, Argentina LEGAL ASSISTANCE (government authorized to exchange evidence  With the U.S., U.K., Costa Rica, El and information in money laundering investigations/prosecutions and for Salvador, Guatemala, Honduras, Nicaragua, asset forfeiture (C.12.) Mexico, Cuba, Peru and Argentina SHARING OF FORFEITED ASSETS (C.7.)  1988 Vienna Convention, Art. (5 (b)(ii). The provision authorizes states parties to enter into such agreements but does not provide for them per se1 INVESTIGATIVE TECHNIQUES (C.8.)  Law No. 23 of December 1986, as amended by Law No. 13 of July 27 1994, Arts 25 and 26 FINANCIAL TRANSACTION RECORDS (requirement to keep and  Law No. 46 of November 17, 1995 which maintain clear and complete records) (C.10) amends Cabinet Decree No. 41 of 1990, Agreement No. 5-90 of 1990 Law No. 42 of October 2000, Art. 1, par. 2, numeral 9: 5 years. EVALUATION AND RECORD-KEEPING (basis or forum for  Executive Decree 136 of March 27, 1995, evaluating funds transfer systems and, on the basis of the evaluation, providing for a Financial Analysis Unit. record-keeping measures for f.i.’s and wire transmitters) (D.6) Name changed to the Financial Intelligence Unit for the Prevention of Money Laundering (Decree No. 163 of October 2000). EXTRADITION (C.13.)  Treaties with the U.S., U.K., Colombia, Inter-American Convention on Extradition, Bustamante Code, 1988 Vienna Convention, Law No. 23 of December 1986, as amended by Law No. 13 of July 27 of 1994 SUSPICIOUS TRANSACTION REPORTING (D.2.)  Law No. 46 of 17 November 1995,

e 1 The reply makes clear that for specific cases of confiscation, appropriate agreements were entered into amending Cabinet Decree No. 41 of 1990, Executive Decree 234 of 1996, Agreements 2-96 of 1996, I-97 and 2-97 of 1997 of the National Banking Commission. Law No. 42 of October 2000, Art. 1, par. 2, numeral 5. LARGE TRANSACTION RECORDING/REPORTING (D.3.)  Law No. 42 of October 2000, Art. 1, par. 2. Executive Decree No. 1 of January 2001, Art. 3. REGULATORY/OVERSIGHT AGENCIES (authority to supervise and  Executive Decree No. 136 of June 9, 1996, impose administrative sanctions) (D.4.) Financial Analysis Unit for the Prevention of Money Laundering from Drug Trafficking ANALYSIS AND EVALUATION OF ANTI-MONEY LAUNDERING  Executive Decrees 125 and 136 of 1996, LAWS AND OF MONEY LAUNDERING METHODS (D.5.) High-level Presidential Commission Against Money Laundering, Financial Analysis Unit for the Prevention of Money Laundering from Drug Trafficking2 NATIONAL FORFEITURE FUND (E.2)  National Commission for the Study and Prevention of Drug-Related Offences. Law No. 41 of October 2000, Art .7, states that once an order has been made to forfeit money laundered funds, they shall be made available to the Special Fund for Retirees and Pensioners (FEJUPEN). CENTER FOR THE COLLECTION, ANALYSIS AND SHARING OF  Executive Decree No. 136 of June 9, 1996, INFORMATION (related to money laundering) (E.3) Financial Analysis Unit for the Prevention of Money Laundering from Drug Trafficking TRAINING (E.5) 

g 2 In referring to these entities, it is sometimes not clear which of the decrees applies

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