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COMMITTEE OF EXPERTS ON THE EVALUATION OF ANTI-MONEY LAUNDERING MEASURES AND THE FINANCING OF TERRORISM (MONEYVAL) MONEYVAL(2012)17 Mutual Evaluation Report Anti-Money Laundering and Combating the Financing of Terrorism THE HOLY SEE (INCLUDING VATICAN CITY STATE) 4 July 2012 The Holy See (including Vatican City State) is evaluated by MONEYVAL pursuant to Resolution CM/Res(2011)5 of the Committee of Ministers of 6 April 2011. This evaluation was conducted by MONEYVAL and the report was adopted as a third round mutual evaluation report at its 39 th Plenary (Strasbourg, 2-6 July 2012). © [2012] Committee of experts on the evaluation of anti-money laundering measures and the financing of terrorism (MONEYVAL). All rights reserved. Reproduction is authorised, provided the source is acknowledged, save where otherwise stated. For any use for commercial purposes, no part of this publication may be translated, reproduced or transmitted, in any form or by any means, electronic (CD-Rom, Internet, etc) or mechanical, including photocopying, recording or any information storage or retrieval system without prior permission in writing from the MONEYVAL Secretariat, Directorate General of Human Rights and Rule of Law, Council of Europe (F-67075 Strasbourg or [email protected] ). 2 TABLE OF CONTENTS I. PREFACE AND SCOPE OF EVALUATION............................................................................................ 5 II. EXECUTIVE SUMMARY........................................................................................................................ 7 III. MUTUAL EVALUATION REPORT .................................................................................................... 18 1 GENERAL........................................................................................................................................ 18 1.1 General Information on the Holy See (Incorporating the Vatican City State).......................... 18 1.2 General Situation of Money Laundering and Financing of Terrorism...................................... 25 1.3 Overview of the Financial Sector and Designated Non-Financial Businesses and Professions (DNFBP) ............................................................................................................................ 28 1.4 Overview of Commercial Laws and Mechanisms Governing Legal Persons and Arrangements......................................................................................................................................... 42 1.5 Overview of Strategy to Prevent Money Laundering and Terrorist Financing......................... 42 2 LEGAL SYSTEM AND RELATED INSTITUTIONAL MEASURES ...................................... 52 2.1 Criminalisation of Money Laundering (R.1 and 2)................................................................... 52 2.2 Criminalisation of Terrorist Financing (SR.II) ......................................................................... 58 2.3 Confiscation, Freezing and Seizing of Proceeds of Crime (R.3) .............................................. 61 2.4 Freezing of Funds Used for Terrorist Financing (SR.III) ......................................................... 65 2.5 The Financial Intelligence Unit and its functions (R.26).......................................................... 69 2.6 Law enforcement, prosecution and other competent authorities – the framework for the investigation and prosecution of offences, and for confiscation and freezing (R.27 and 28)................ 76 2.7 Cross Border Declaration or Disclosure (SR.IX)...................................................................... 82 3 PREVENTIVE MEASURES - FINANCIAL INSTITUTIONS................................................... 89 3.1 Risk of money laundering / financing of terrorism:.................................................................. 89 3.2 Customer due diligence, including enhanced or reduced measures (R.5 to R.8)...................... 90 3.3 Third Parties and Introduced Business (R. 9) ......................................................................... 113 3.4 Financial institution secrecy or confidentiality (R.4).............................................................. 113 3.5 Record Keeping and Wire Transfer Rules (R.10 and SR. VII)............................................... 118 3.6 Monitoring of Transactions and Relationships (R.11 and 21) ................................................ 128 3.7 Suspicious Transaction Reports and Other Reporting (R. 13, 14, 19, 25 and SR.IV) ............ 131 3.8 Internal Controls, Compliance, Audit and Foreign Branches (R.15 and 22) .......................... 137 3.9 Shell Banks (R.18) .................................................................................................................. 142 3.10 The Supervisory and Oversight System - Competent Authorities and SROs / Role, Functions, Duties and Powers (Including Sanctions) (R. 23, 29, 17 and 25) ...................................... 143 3.11 Money or value transfer services (SR.VI)............................................................................... 160 4 PREVENTIVE MEASURES – DESIGNATED NON FINANCIAL BUSINESSES AND PROFESSIONS ..................................................................................................................................... 161 4.1 Customer due diligence and record-keeping (R.12)................................................................ 161 4.2 Suspicious transaction reporting (R. 16)................................................................................. 165 4.3 Regulation, supervision and monitoring (R. 24-25)................................................................ 167 4.4 Other non-financial businesses and professions/ Modern secure transaction techniques (R.20) 169 5 LEGAL PERSONS AND ARRANGEMENTS AND NON-PROFIT ORGANISATIONS..... 169 5.1 Legal persons – Access to beneficial ownership and control information (R.33) .................. 170 5.2 Legal Arrangements – Access to beneficial ownership and control information (R.34) ........ 171 5.3 Non-profit organisations (SR.VIII)......................................................................................... 172 6 NATIONAL AND INTERNATIONAL CO-OPERATION....................................................... 178 6.1 National co-operation and co-ordination (R. 31 & R.32) ....................................................... 178 6.2 The Conventions and United Nations Special Resolutions (R. 35 and SR.I) ......................... 180 6.3 Mutual legal assistance (R. 36-38, SR.V)............................................................................... 182 6.4 Extradition (R. 37, 39, SR.V).................................................................................................. 186 6.5 Other Forms of International Co-operation (R. 40 and SR.V)................................................ 188 7 OTHER ISSUES............................................................................................................................. 193 7.1 Resources and Statistics.......................................................................................................... 193 7.2 Other Relevant AML/CFT Measures or Issues....................................................................... 193 IV. TABLES ............................................................................................................................................... 194 8 Table 1. Ratings of Compliance with FATF Recommendations................................................ 194 9 Table 2: Recommended Action Plan to improve the AML/CFT system................................... 206 10 Table 3: Authorities’ Response to the Evaluation...................................................................... 219 V. COMPLIANCE WITH THE 3 RD EU AML/CFT DIRECTIVE ............................................................ 220 VI. LIST OF ACRONYMS AND GLOSSARY OF TERMS USED......................................................... 236 4 I. PREFACE AND SCOPE OF EVALUATION 1. On 24 February 2011, His Eminence Cardinal Bertone, Secretary of State, wrote to the Secretary General of the Council of Europe, requesting that the Holy See (including Vatican City State) become subject to the evaluation and follow up procedures of MONEYVAL. MONEYVAL is the Council of Europe’s primary monitoring arm in anti-money laundering and countering the financing of terrorism (AML/CFT). The Committee of Ministers accepted this application on 6 April 2011. The Holy See (including Vatican City State) became fully engaged with MONEYVAL thereafter and arrangements were made for a MONEYVAL onsite visit in November 2011. 2. The evaluation of the anti-money laundering and combating the financing of terrorism regime of the Holy See (including Vatican City State) was based on the Forty Recommendations 2003 and the Nine Special Recommendations on Terrorist Financing 2001 of the Financial Action Task Force (FATF) 1 and was prepared using the AML/CFT Methodology 2004 2. Due to the specific scope of evaluations carried out by the Committee, this evaluation is complemented by coverage of some issues linked to the Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (hereinafter the “Third EU Directive”) and Directive 2006/70/EC (the “implementing Directive”). This is in accordance with MONEYVAL’s terms of reference
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