YES / NO / DRAFT / IN FORCE / PROPOSED
CREATION OF A CRIMINAL OFFENCE(A.1-C.1) / / / Law No. 1795, of December 1995, Arts. 99, 100 and 101 (for proceeds of drug trafficking offences) / In the objectives of the Draft Law to Control Money Laundering,[1] the definition of the conducts that criminalize money laundering is found (Art. 2(b)). Art. 3 states that “laundering occurs when a person knows, or should have known, that the goods are proceeds or originate from a serious offence: (a) converts, transfers, transports, acquires, possesses, has, utilizes or administers those goods; (b) conceals, hides or impedes their true determination, nature, origin, location, destination, movement or holdings of those goods, or relative rights of those goods; (c) associates, grants assistance, incites, facilitates, advises, in the commission of the infractions criminalized in this article, as well as avoid the legal consequences of his actions.”
FORFEITURE A.2.b (i) / / Law No. 1795 of December 1995, Arts. 105 and 106.
Decree No. 28896, Chap. VI, Arts. 2 and 3 / The Draft Law defines forfeiture as “the permanent deprivation of property by order of a court or other competent authority.” (Art. 1, subsection 4).
FINANCIAL INFORMATION (sharing of information by competent authorities) (A. 3 .a (i)) / / Law No. 1795 of December 1995, Arts 109 and 113 / The Draft Law creates the National Committee Against Money Laundery (Chapter V). Under this Committee, a Technical Unit is created that is responsible for a record keeping system and analysis of information provided by those subject to do so.(Art. 53(d)).
FINANCIAL INFORMATION(authorization of financial institutions to provide information to authorities on their clients) (C.2. a (i )) / / Law No. 1795 of December 1995, Art. 109 / Draft Law: Art. 37 subsection 1 and Art. 53(e).
FINANCIAL INFORMATION( information exchange between courts/ authorities pursuant to international agreements) (a.3.b(i)- C.2.b (i) / / / Although no treaties have been signed to this effect, Law No. 1795 contemplates judicial cooperation in Art. 110 / Such an agreement is proposed with the United States
FINANCIAL INFORMATION (direct information exchange through international agreements) ( C.11.) / / There is a reciprocal financial information exchange agreement with the United States / Chapter VI of the Draft Law.
LEGAL ASSISTANCE, (government authorized to respond to requests for legal assistance from other governments ) (C.6.) / / / Legal assistance treaties exist with a number of countries (not specified). There are none specifically in relation to money laundering, however, law No. 1795, Art. 110, must be borne in mind / Draft Law: Art. 2(d).
LEGAL ASSISTANCE (government authorized to exchange evidence and information in money laundering investigations/prosecutions and for asset forfeiture (C.12.) / / / There is a willingness to enter into such agreements at the request of other countries
SHARING OF FORFEITED ASSETS (C.7.) / / / 1988 Vienna Conventio[n][2] / There is a willingness to enter into a further number of treaties (no other detail provided)
INVESTIGATIVE TECHNIQUES (C.8.) / [3] / / There is an intention to regulate the taping of telephone communications as well as to establish undercover agents
FINANCIAL TRANSACTION RECORDS (requirement to keep and maintain clear and complete records) (C.10) / / / Regulation 28896, Arts 8, 9, 10 and 13 / Draft Law: Art. 37, subsection 4 requires the maintenance of records for a minimum of 10 years.
EVALUATION AND RECORD-KEEPING (basis or forum for evaluating funds transfer systems and, on the basis of the evaluation, record-keeping measures for f.i.’s and wire transmitters) (D.6) / / / It is proposed to carry out an evaluation of the use of funds transfer systems
EXTRADITION (C.13.) / / / There is such a provision provided that the money laundering is of proceeds from drugtrafficking
SUSPICIOUS TRANSACTION REPORTING (D.2.) / / / Regulation 288-96 Ch.VI, Art. 11 / Draft Law: Art. 37, subsection 3 defines suspicous transactions as “those that are complex, unusual, significant and all periodical non significant transactions that do not have any legal economic basis in evidence.”
LARGE TRANSACTION RECORDING/REPORTING (D.3.) / / Draft Law: Art. 37 subsection 2.
REGULATORY/OVERSIGHT AGENCIES (authority to supervise and impose administrative sanctions) (D.4.) / / Central Bank (penalizes), and Banking Superintendency (prosecutes and recommends penalty)
ANALYSIS AND EVALUATION OF ANTI-MONEY LAUNDERING LAWS AND OF MONEY LAUNDERING METHODS (D.5.) / / / Draft Law: Art. 53(b).
NATIONAL FORFEITURE FUND (E.2) / / Law No. 17-95 of December 1995, Art. 76 sets out the manner of distribution among a number of specifically designated funds / Draft Law: section II of Chapter III states that during the investigation, the seized funds or immobiles are to be transferred to the Office of Custodial and Care of Goods Seized and Forfeited which is responsible for the maintenance, protection, conservation and sale of the seized goods. Section IV of Chapter III provides that once a person has been convicted for money laundering, the Attorney General, with the approval of the of the Executive Branch may “(a) retain or transfer for official use to the agency or executive institution that had participated directly or indirectly in its seizure, occupation or forfeiture; (b) sell them in a public sale, to be awarded to the best bidder and last buyer, and transfer the proceeds of the sale for use to the agency or executive institution that had participated directly or indirectly in its seizure, occupation or forfeiture; (c) order that the forfeited goods or proceeds of the sale to be divided, in accordance with their participation, with the countries that facilitated or participated in the investigative process and judgment that led to the appliation of the aforementioned measures; (d) transfer the forfeited object or proceeds of the sale to the National Drug Council, to the National Direction of Drug Control, to the National Committee Against Money Laundery, to public or private institutions dedicated to addiction treatment and to public institutions specializing in the prevention of administrative corruption, in proportion in which the Decree provides to the Executive Branch.
CENTER FOR THE COLLECTION, ANALYSIS AND SHARING OF INFORMATION (related to money laundering) (E.3) / / / Draft Law: Art. 53(b) provides that the National Committee Against Money Laundery shall analyze and evaluate the practice of the legal proivisions and regulations on money laundering and their results.
TRAINING (E.5) / / / Draft Law: Art. 53(g) provides that the National Committee Against Money Laundery shall coordinate and develop programs of teaching and training for public officials of the Judiciary, Public Ministry, and agencies of supervision, analysis and investigation of money laundering infractions.
[1]Draft Law to Control Money Laundering from the Illicit Trafficking of Drugs and Controlled Substances and other Serious Offences.
[n].
[2]Art. 5 b) ii). This article of the Convention provides that the States Parties may enter into such agreements, but does not specify them per se.
[3]There is jurisprudence against the interception of telephone conversations.