Frequently Asked Questions Protection of the euro and other currencies against counterfeiting
|
|
- Russell Clark
- 5 years ago
- Views:
Transcription
1 EUROPEAN COMMISSION MEMO Brussels, 6 May 2014 Frequently Asked Questions Protection of the euro and other currencies against counterfeiting Why do we need to protect the euro and other currencies? Counterfeiting of the euro and other currencies remains a concern throughout the European Union. The euro is particularly susceptible to counterfeiting on a transnational scale. In total, around 913 billion worth of euro notes and 16 billion worth of euro coins are in circulation around the world. Counterfeiting of the euro has led to a financial damage amounting to at least EUR 500 million since the introduction of the euro in The euro and other currencies continue to be a target of organised crime groups active in the money forgery. Europol considers that there is a long-term trend towards an increase in the crime level and notes that the criminal threat remains serious. This is illustrated by the seizures of large amounts of counterfeit euro notes and coins and the continuous dismantling of illegal print-shops and mints each year within and outside the European Union. These developments show that the current measures against counterfeiting are insufficient and, therefore, that an improved protection of the euro is needed at European level. 353,000 counterfeit euro banknotes were withdrawn from circulation in the second semester of This represents an increase of 11.4% as regards the quantity recovered in the second half of 2013 compared with the previous months. Recent Annual Reports of the European Technical and Scientific Centre point to a continuous discovery of new types of counterfeit euro coins and an increase in the number of sophisticated counterfeit coins. According to the latest figures from the European Central Bank, the 20 and 50 denomination banknotes are the most counterfeited, accounting together for 78%. Meanwhile, for euro coins, recent figures published by the Commission show that a total of fake euro coins were withdrawn from circulation last year. The 2-euro denomination remains by far the most affected by this criminal activity. The aim of the Directive is to increase the protection of the euro and other currencies through criminal law measures to achieve an adequate and efficient level of protection across the European Union. MEMO/14/334
2 Why does the existing legal framework need to be strenghtened? The EU already has instruments specifically designed to protect the euro, such as the legal framework on authentication of euro notes and coins set in Regulation No 1338/2001 [link] and further implementation rules and an EU programme for awareness raising and training ( Pericles 2020 programme). The International Convention for the Suppression of Counterfeiting Currency of 1929 (Geneva Convention) lays down rules to ensure that severe criminal penalties and other sanctions can be imposed for counterfeiting offences. In particular Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro. requires Member Sates to ensure that counterfeiting offences are punished and penalties imposed. However, Member States have adopted very diverging rules resulting in diverging levels of protection and practices. The current rules therefore need to be strengthened to improve the prevention, investigation and sanctioning of euro counterfeiting throughout the EU. The following weaknesses in the legal framework on the protection by criminal law measures of the European single currency against counterfeiting were identified: a) Insufficient sanctions The level of penalties for currency counterfeiting is not sufficiently dissuasive and effective. There are important differences between the sanctions foreseen in Member States, which is one of the reasons for insufficient deterrence and uneven protection of the euro and other currencies across the European Union. b) Cross-border investigations hampered Cross-border investigations and prosecutions may be unsuccessful due to cooperation problems resulting from differences in availability of efficient investigative tools, such as interception of communications, the monitoring of bank accounts and other financial investigations. In some Member States, those responsible for investigating and prosecuting currency counterfeiting do not have the possibility to make use of such investigative tools typically used for combatting organised crime or other serious crime. c) Insufficient prevention If during judicial proceedings seized counterfeits are not transmitted in a timely manner to the competent authorities for analysis, the detection of the source of production of counterfeits in an on-going investigation or prosecution can be delayed or hampered. Such types of counterfeits risk continuing circulation because delays in the adjustment of machines for detecting counterfeits will occur. Currently there is no obligation in EU-law to transmit seized counterfeits during judicial proceedings. In practice, the judicial authorities refuse sometimes transferring samples of counterfeit euro notes and coins for analysis prior to the end of the criminal proceedings even if such transfer would be possible taking into account the quantity of seized counterfeits. The transfer of such counterfeits after the end of the criminal proceedings is only of limited value. There are often considerable delays before the note-handling and coin-processing machines used by financial institutions can be adjusted to detect the counterfeits and prevent such types of counterfeits from further circulating. 2
3 What are the new provisions that the Directive contains? The new Directive on the protection of the euro and other currencies against counterfeiting (adopted today by the European Parliament) provides added value to the current framework with respect to the following issues: a) sets a minimum level of the maximum penalty of five years applicable to the distribution offences and maintains the existing eight years for production increasing deterrence against the main counterfeiting offences. If a citizen receives counterfeit currency without the knowledge that it is counterfeit, but passes it on with the knowledge, this is clearly criminalised, but Member States may decide to set, as the maximum penalty, a penalty of less than five years of imprisonment or a fine. b) obliges Member States to ensure that effective investigative tools are available to facilitate cross-border investigations of currency counterfeiting offences, such as those used in other serious crimes. c) obliges to ensure a timely transmission of seized counterfeits for technical analysis and detection during judicial proceedings to increase the possibility of detecting counterfeit notes and coins in circulation; d) requires Member States to collect data on the number of counterfeiting offences, of the persons prosecuted and those convicted, and transmit these data to the Commission. What investigative tools does this Directive cover? Police officers and prosecutors working on currency counterfeiting cases should have the possibility to make use of effective investigative tools such as those which are used in combatting organised or other serious crimes. Such tools could include the interception of communications, covert surveillance and the monitoring of bank accounts, whilst taking into account the principle of proportionality and the nature and seriousness of the offences. What offences and levels of sanctions does this Directive cover? As the single currency shared by the Member States of the euro area, the euro should be protected in a consistent manner across the Union, by setting minimum rules on criminal offences and criminal sanctions for the euro couterfeting. This will reinforce deterrence and judicial cooperation. Offences include the production of counterfeit notes and coins and their distribution, the production of counterfeiting instruments and components, misuse of legal facilities or material and counterfeiting of currency not yet issued but designated for circulation as legal tender. The Directive requires Member States to ensure that the criminal offences defined in the Directive are punishable by criminal sanctions which are effective, proportionate and dissuasive. For this purpose, the Directive provides for a minimum maximum sanction of eight years for production of counterfeits and five years for distribution offences, including where they relate to banknotes and coins which are not yet issued but are designated for circulation as legal tender, such as the future new series of euro banknotes. For offences of currency counterfeiting by use of legal facilities or material, a minimum maximum sanction of imprisonment without a specified length must be foreseen. For preparatory offences, such as the fraudulent making of holograms, also where such conduct relates to future banknotes and coins, a minimum maximum sanction of imprisonment without a specified length must be foreseen. 3
4 Legal persons will also be punishable by effective proportionate and dissuasive criminal or noncriminal fines, which may include other sanctions such as exclusion from entitlement to public benefits or aid, temporary or permanent disqualification from carrying out of commercial activities, placing under judicial supervision, judicial winding up or temporary or permanent closure of establishments which have been used for committing the offence. Member States could nevertheless impose more stringent provisions than those laid down in the Directive. The Directive does not introduce minimum penalties, i.e. imprisonment and in serious cases imprisonment of at least six months, for production and distribution of counterfeits, which the Commission proposed. A review clause requires the Commission to report to the European Parliament and Council, within five years of the Directive's entry into force, on its application and, if necessary, on the need to amend it. If appropriate, the report shall be accompanied by a legislative proposal. How many euros are counterfeit? The euro continues to be targeted by organised crime groups active in money forgery. Since its introduction in 2002, counterfeiting of the euro has led to financial damage amounting to at least 500 million. According to the latest figures from the European Central Bank, in the second half of 2013 a total of 353,000 counterfeit euro banknotes were withdrawn from circulation which is an increase of 11.4% compared to the figure for the first half-year. The 20 and 50 denomination banknotes are the most counterfeited, accounting together for 78%. Meanwhile, for euro coins, recent figures published by the Commission showed that a total of fake euro coins were withdrawn from circulation last year. The 2 euro denomination remains by far the most affected by this criminal activity. What is the legal basis for this proposal? The Lisbon Treaty equips the EU with strenghtened tools to tackle this problem of counterfeited currencies through criminal law measures. Under Article 83 of the Treaty on the Functioning of the European Union the EU can adopt directives with minimum rules concerning EU criminal law for particularly serious crimes with a cross-border dimension. Are there Member States which do not participate in the Directive? Denmark and the United Kingdom do not participate in the Directive, whereas Ireland has decided to opt in. For Denmark, the current Council Framework Decision of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro will stay in force. The UK has made use of a general opt out under Protocol 36 from the former third-pillar-acquis, which includes this Framework Decision. What other measures are foreseen to protect the euro? The Directive is part of a comprehensive legal framework consisting also of administrative and training measures, such as: [links to be added] Council Regulation (EC) No 1338/2001 regulates how euro notes and coins can be uttered in such a manner as to protect them against counterfeiting. It also addresses issues such as gathering and accessing technical and statistical data relating to counterfeit notes and coins, the examination of counterfeit notes and coins by the National Analysis Centres, obligations of credit institutions and the centralisation of information at national level. 4
5 Decision of the European Central Bank (ECB/2010/14) on the authenticity, fitness checking and recirculation of euro notes. Regulation (EU) No 1210/2010 of the European Parliament and of the Council concerning authentication of euro coins and handling of euro coins unfit for circulation. Council Decision 2005/511/JHA on protecting the euro against counterfeiting, by designating Europol as the Central Office for combating euro counterfeiting. Council Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime by stimulating and improving coordination and cooperation between competent judicial authorities of the Member States also in the field of counterfeiting of the euro. Targeted actions for exchange, assistance and training of law enforcement agents with the aim of establishing closer professional ties, are financed by the Union through the Pericles 2020 programme. What are the next steps in the adoption of the proposal for a Directive? Member States will have two years after the entry into force of the Directive to transpose the Directive into national law. For more information: MEMO: MEMO/14/333 Olaf - Legislation against euro-counterfeiting: 5
Counterfeiting of Euro (penal aspects) Ministry of Interior General Police Directorate Criminal Police Directorate
Counterfeiting of Euro (penal aspects) Ministry of Interior General Police Directorate Criminal Police Directorate Overview of the legislation National legislation Constitution Criminal Code Criminal Procedure
More informationCOMMISSION DECISION. of adopting the PERICLES annual work programme 2013 serving as a financing decision for 2013
Ref. Ares(2013)293691-06/03/2013 EUROPEAN COMMISSION Brussels, 5.2.2013 C(2013) 544 final COMMISSION DECISION of 5.2.2013 adopting the PERICLES annual work programme 2013 serving as a financing decision
More information(Information) EUROPEAN COMMISSION. MONETARY AGREEMENT between the European Union and the Principality of Andorra (2011/C 369/01)
17.12.2011 Official Journal of the European Union C 369/1 II (Information) INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES EUROPEAN COMMISSION MONETARY AGREEMENT between the
More informationAMENDMENTS by the Committee on Civil Liberties, Justice and Home Affairs
11.2.2019 A8-0069/ 001-029 AMDMTS 001-029 by the Committee on Civil Liberties, Justice and Home Affairs Report Dennis de Jong A8-0069/2019 Exchange, assistance and training programme for the protection
More informationOfficial Journal of the European Union
23.3.2018 L 81/77 COMMISSION DECISION (EU) 2018/495 of 22 March 2018 amending the Annex to the Monetary Agreement between the European Union and the Vatican City State THE EUROPEAN COMMISSION, Having regard
More informationScreening report Serbia
[date] Screening report Serbia Chapter 32 Financial control Date of screening meetings: Explanatory meeting: 17 October 2013 Bilateral meeting: 26 November 2013 I. CHAPTER CONTENT This chapter contains
More informationEconomic and Monetary Union
Economic and Monetary Union Main Euro Cash Legislation 2014 Economic and Financial Affairs Unless otherwise indicated the texts are published under the responsibility of the: European Commission Directorate-General
More informationThe fight against fraud - the European Union perspective
The fight against fraud - the European Union perspective ACFE - European Fraud Conference Prague, 19 March 2013 Giovanni Kessler Director-General European Anti-Fraud Office (OLAF) OLAF - EUROPEAN ANTI-FRAUD
More informationProposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EUROPEAN COMMISSION Strasbourg, 17.4.2018 COM(2018) 213 final 2018/0105 (COD) Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down rules facilitating the use of financial
More informationCOMMISSION STAFF WORKING DOCUMENT Accompanying the document. Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EUROPEAN COMMISSION Brussels, 31.5.2018 SWD(2018) 281 final COMMISSION STAFF WORKING DOCUMENT Accompanying the document Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing
More informationCouncil of the European Union Brussels, 22 December 2016 (OR. en) Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union
Council of the European Union Brussels, 22 December 2016 (OR. en) Interinstitutional File: 2016/0414 (COD) 15782/16 PROPOSAL From: date of receipt: 22 December 2016 To: No. Cion doc.: Subject: JAI 1114
More informationNo deal Brexit: Criminal justice co-operation
No deal Brexit: Criminal justice co-operation March 2019 1 Introduction This paper forms part of a series published by the Law Society. The aim of this paper is to highlight the changes that will occur
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES REPORT FROM THE COMMISSION
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 25.10.2004 COM(2004) 709 final REPORT FROM THE COMMISSION Implementation by Member States of the Convention on the Protection of the European Communities
More informationMEASURES TO PROTECT THE EURO BANKNOTES AND COINS : developments and prospects
OLAF- Unit Protection of the euro Luca Pierini A COMMUNITY STRATEGY TO PROTECT THE EURO MEASURES TO PROTECT THE EURO BANKNOTES AND COINS : developments and prospects Ministry of Economy and Finance, Italy
More informationCOMMISSIONER ALGIRDAS ŠEMETA TAXATION, CUSTOMS, STATISTICS, AUDIT AND ANTI- FRAUD
COMMISSIONER ALGIRDAS ŠEMETA TAXATION, CUSTOMS, STATISTICS, AUDIT AND ANTI- FRAUD SPEECH AT THE EUROPEAN SERIOUS & ORGANISED CRIME CONFERENCE 2013 WINNING THE FIGHT 28 th February 2013 KEYNOTE SPEECH Ladies
More informationJosé Lopes da Mota Deputy Prosecutor General Former President of Eurojust
* José Lopes da Mota Deputy Prosecutor General Former President of Eurojust 1 2 Fraud and corruption in health care recognised as a global problem Different players (persons, companies, entities) Acting
More informationEuropean Commission proposal for a Council Regulation on the establishment of the European Public Prosecutor's Office
Initial appraisal of a European Commission Impact Assessment European Commission proposal for a Council Regulation on the establishment of the European Public Prosecutor's Office Impact Assessment (SWD
More informationHaving regard to the opinion of the European Economic and Social Committee ( 1 ),
20.5.2014 Official Journal of the European Union L 150/93 REGULATION (EU) No 513/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 April 2014 establishing, as part of the Internal Security Fund,
More informationProposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EUROPEAN COMMISSION Brussels, 15.11.2011 COM(2011) 753 final 2011/0368 (COD) C7-0344/11 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing, as part of the Internal Security
More informationThe Protocol to Eliminate Illicit Trade in Tobacco Products: an overview
The Protocol to Eliminate Illicit Trade in Tobacco Products: an overview Background The Protocol to Eliminate Illicit Trade in Tobacco Products is an international treaty with the objective of eliminating
More information(Legislative acts) REGULATIONS
1.11.2011 Official Journal of the European Union L 286/1 I (Legislative acts) REGULATIONS REGULATION (EU) No 1077/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011 establishing a European
More informationA new European framework: MAR and CSMAD
A new European framework: MAR and CSMAD Sébastien Bagot, Securities Markets DG Financial Stability, Financial Services and Capital Markets Union Brussels, 9 November 2016 Objectives of MAD review Outline
More informationEUROPEAN UNION. Strasbourg, 16 April 2014 (OR. en) 2011/0368 (COD) LEX 1512 PE-CONS 135/1/13 REV 1
EUROPEAN UNION THE EUROPEAN PARLIAMT THE COUNCIL Strasbourg, 16 April 2014 (OR. en) 2011/0368 (COD) LEX 1512 PE-CONS 135/1/13 REV 1 JAI 1155 FOPOL 420 PROCIV 154 CADREFIN 379 CODEC 3008 REGULATION OF THE
More informationCOMMUNICATION FROM THE COMMISSION
EUROPEAN COMMISSION Brussels, 20.2.2019 C(2019) 1396 final COMMUNICATION FROM THE COMMISSION Modification of the calculation method for lump sum payments and daily penalty payments proposed by the Commission
More information10472/18 JC/NC/jk ECOMP.2.B. Council of the European Union Brussels, 14 September 2018 (OR. en) 10472/18. Interinstitutional File: 2017/0248 (CNS)
Council of the European Union Brussels, 14 September 2018 (OR. en) Interinstitutional File: 2017/0248 (CNS) 10472/18 FISC 276 ECOFIN 667 LEGISLATIVE ACTS AND OTHER INSTRUMTS Subject: COUNCIL REGULATION
More informationHaving regard to the Treaty establishing the European Community, and in particular Article 47(2), first and third sentences, and Article 95 thereof,
L 344/76 EN Official Journal of the European Communities 28.12.2001 DIRECTIVE 2001/97/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 4 December 2001 amending Council Directive 91/308/EEC on prevention
More informationReport of the European Anti-Fraud Office. Summary version. Eighth Activity Report for the period 1 January 2007 to 31 December 2007
Report of the European Anti-Fraud Office Summary version Eighth Activity Report for the period 1 January 2007 to 31 December 2007 Rue Joseph II 30 B-1000 Bruxelles Internet : http://ec.europa.eu/olaf Note
More informationStandard Summary Project Fiche. Project number: TR Twinning number: TR02-JH-05
Standard Summary Project Fiche 1. Basic Information Project number: TR 0204.04 Twinning number: TR02-JH-05 1.1 Desiree Number 2.1 Title Strengthening the Fight against Money Laundering 3.1 Sector AD 4.1
More informationINTERNATIONAL COOPERATION IN THE FIELD OF CONFISCATION AND RECOVERY OF CRIMINAL ASSETS: TOOLS AND INSTRUMENTS
INTERNATIONAL COOPERATION IN THE FIELD OF CONFISCATION AND RECOVERY OF CRIMINAL ASSETS: TOOLS AND INSTRUMENTS Luis Rodríguez Sol Prosecutor. Spanish Liaison Magistrate to Italy Malta, 11 June 2018 To fight
More informationReport. M. Simonato, M. Luchtman & J. Vervaele (eds.) March 2018
Report Exchange of information with EU and national enforcement authorities Improving OLAF legislative framework through a comparison with other EU authorities (ECN/ESMA/ECB) M. Simonato, M. Luchtman &
More informationEuropol and the Criminal Law: Approximation of Substantive Crimes and Procedural Rules as Prerequisite for Cross-Border Task Forces?
Europol and the Criminal Law: Approximation of Substantive Crimes and Procedural Rules as Prerequisite for Cross-Border Task Forces? Prof. dr. Gert Vermeulen Ghent University 6 October 2000 Seminar A Legal
More informationLaw on. Combating Money Laundering and Terrorism Financing LAW ON COMBATING MONEY LAUNDERING AND TERRORISM FINANCING
LAW ON COMBATING MONEY LAUNDERING AND TERRORISM FINANCING Law on Combating Money Laundering and Terrorism Financing PUBLISHED BY: AL ALAWI & CO., ADVOCATES & LEGAL CONSULTANTS CORPORATE ADVISORY GROUP
More informationDouble Jeopardy in Investigations and Prosecutions: Risks and Best Practices for companies and individuals
Double Jeopardy in Investigations and Prosecutions: Risks and Best Practices for companies and individuals A sketch of the legal framework IBA - Anti-Corruption Conference, OECD Paris 15 June 2016 - Double
More informationINTERNATIONAL COOPERATION IN THE FIELD OF CONFISCATION AND RECOVERY OF CRIMINAL ASSETS: TOOLS AND INSTRUMENTS
INTERNATIONAL COOPERATION IN THE FIELD OF CONFISCATION AND RECOVERY OF CRIMINAL ASSETS: TOOLS AND INSTRUMENTS Luis Rodríguez Sol Prosecutor. Spanish Liaison Magistrate to Italy Leipzig, 29 November 2017
More informationCOMMISSION DECISION. of ON THE MANAGEMENT AND CONTROL OF THE SCHENGEN FACILITY IN CROATIA. (only the English text is authentic)
EUROPEAN COMMISSION Brussels, 22.4.2013 C(2013) 2159 final COMMISSION DECISION of 22.4.2013 ON THE MANAGEMENT AND CONTROL OF THE SCHENGEN FACILITY IN CROATIA (only the English text is authentic) EN EN
More informationCOMMISSION IMPLEMENTING DECISION. of adopting a Country Action Programme on Bosnia and Herzegovina for the year 2015
EUROPEAN COMMISSION Brussels, 7.12.2015 C(2015) 8777 final COMMISSION IMPLEMENTING DECISION of 7.12.2015 adopting a Country Action Programme on Bosnia and Herzegovina for the year 2015 EN EN COMMISSION
More informationOfficial Journal of the European Union L 256/63. (Acts adopted under Title VI of the Treaty on European Union)
1.10.2005 Official Journal of the European Union L 256/63 (Acts adopted under Title VI of the Treaty on European Union) COUNCIL DECISION 2005/681/JHA of 20 September 2005 establishing the European Police
More information***I DRAFT REPORT. EN United in diversity EN. European Parliament 2018/0250(COD)
European Parliament 2014-2019 Committee on Civil Liberties, Justice and Home Affairs 2018/0250(COD) 12.11.2018 ***I DRAFT REPORT on the proposal for a regulation of the European Parliament and of the Council
More informationQUESTIONNAIRE Country self-assessment report on implementation and enforcement of G20 commitments on foreign bribery
QUESTIONNAIRE Country self-assessment report on implementation and enforcement of G20 commitments on foreign bribery G20 countries are invited to complete the questionnaire, below, on the implementation
More informationPROGRESS REPORT ON THE G20 SELF-ASSESSMENT ON COMBATING THE BRIBERY OF FOREIGN PUBLIC OFFICIALS
PROGRESS REPORT ON THE G20 SELF-ASSESSMENT ON COMBATING THE BRIBERY OF FOREIGN PUBLIC OFFICIALS June 2015 1 Introduction 1. At the meeting of the G20 Anti-Corruption Working Group (ACWG) in February 2014,
More informationTHE LINK BETWEEN ILLICIT TOBACCO TRADE AND ORGANISED CRIME Prof. Dr. Prof. h.c. Arndt Sinn, University of Osnabrück/ZEIS. - Introductory remarks -
Brussels, 23 March 2018 THE LINK BETWEEN ILLICIT TOBACCO TRADE AND ORGANISED CRIME Prof. Dr. Prof. h.c. Arndt Sinn, University of Osnabrück/ZEIS - Introductory remarks - Introduction: Organised crime as
More informationNFA response to government consultation on social housing fraud
NFA response to government consultation on social housing fraud March 2012 Introduction The National Federation of ALMOs (NFA) represents 55 ALMOs which manage over 800,000 council homes across 54 local
More informationCouncil of the European Union Brussels, 14 February 2017 (OR. en)
Council of the European Union Brussels, 14 February 2017 (OR. en) 6128/1/17 REV 1 COVER NOTE From: To: General Secretariat of the Council Delegations No. prev. doc.: 11501/16 Subject: Joint Investigation
More informationCONFISCATION OF CRIMINAL PROCEEDS IN THE EUROPEAN UNION CRIMINAL LAW
AGORA International Journal of Juridical Sciences, www.juridicaljournal.univagora.ro ISSN 1843-570X, E-ISSN 2067-7677 No. 3 (2013), pp. 1-5 CONFISCATION OF CRIMINAL PROCEEDS IN THE EUROPEAN UNION CRIMINAL
More informationSDG 16 and Target 16.4: Scope and Consequences for the ATT
SDG 16 and Target 16.4: Scope and Consequences for the ATT Thematic Discussion on the ATT and the SDG ATT 3 rd Conference of States Parties 11-15 September 2017 Geneva, Switzerland 2030 Agenda for Sustainable
More informationFreezing and Confiscating the Proceeds of Crime in the European Union
ACTA UNIVERSITATIS DANUBIUS Vol. 12, no. 2/2016 Freezing and Confiscating the Proceeds of Crime in the European Union Ion RUSU 1 Abstract: In this paper we have conducted a brief examination of Directive
More informationEuropean Anti-Fraud Office (OLAF) 18 June Neil RITCHIE, Head of Sector Directorate A Investigations I Centralised Expenditure A.
European Anti-Fraud Office (OLAF) 18 June 2018 Neil RITCHIE, Head of Sector Directorate A Investigations I Centralised Expenditure A.3 A little history 1988 creation of OLAF predecessor, UCLAF 1999 creation
More informationThematic Paper on Organised Crime Asset Confiscation as an Instrument to Deprive Criminal Organisations of the Proceeds of their Activities.
Special Committee on Organised Crime, Corruption and Money Laundering (CRIM) 2012-2013 Thematic Paper on Organised Crime Asset Confiscation as an Instrument to Deprive Criminal Organisations of the Proceeds
More informationNational models and systems for combating cigarettes smuggling in Romania, Hungary, Lithuania, Latvia and Estonia
National models and systems for combating cigarettes smuggling in Romania, Hungary, Lithuania, Latvia and Estonia 1. INTRODUCTION Before starting a comprehensive analysis on the national models and systems
More informationNATIONAL STRATEGY AGAINST MONEY LAUNDERING AND THE FINANCING OF TERRORISM
Pursuant to Article 45(1) of the Law on Government (Official Gazette of RS, No 55/05, 71/05 corr., 101/07, 65/08, 16/2011, 68/2012 CC decision, 72/2012, 7/2014 CC decision and 44/2014), The Government
More informationProposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EUROPEAN COMMISSION Brussels, 15.11.2011 COM(2011) 752 final 2011/0367 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down general provisions on the Asylum and Migration
More informationDIRECTIVES. (Text with EEA relevance) Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,
19.6.2018 Official Journal of the European Union L 156/43 DIRECTIVES DIRECTIVE (EU) 2018/843 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 May 2018 amending Directive (EU) 2015/849 on the prevention
More informationJITS funding guide. JITS Network Secretariat. 08 January Version 3
JITS funding guide JITS Network Secretariat 08 January 2018 Version 3 Table of Contents I. Background... 2 II. Scope and conditions... 2 II.1. Travel and accommodation... 4 II.2. Interpretation and translation...
More informationPE-CONS 72/17 DGG 1B EUROPEAN UNION. Brussels, 26 April 2018 (OR. en) 2016/0208 (COD) PE-CONS 72/17
EUROPEAN UNION THE EUROPEAN PARLIAMT THE COUNCIL Brussels, 26 April 2018 (OR. en) 2016/0208 (COD) PE-CONS 72/17 EF 348 ECOFIN 1142 DROIP 195 CRIMORG 219 COTER 163 CODEC 2119 LEGISLATIVE ACTS AND OTHER
More informationThe European Anti-Fraud Office (OLAF) 27 June 2014
The European Anti-Fraud Office (OLAF) 27 June 2014 Institutional History 1988 creation of predecessor UCLAF 1999 creation of OLAF, based in Brussels 2000 - mandate of F.H. Brüner, the first OLAF Director
More information***I DRAFT REPORT. EN United in diversity EN. European Parliament 2018/0194(COD)
European Parliament 2014-2019 Committee on Civil Liberties, Justice and Home Affairs 2018/0194(COD) 8.11.2018 ***I DRAFT REPORT on the proposal for a regulation of the European Parliament and of the Council
More informationEUROPEAN UNION. Brussels, 10 October 2013 (OR. en) 2011/0307 (COD) PE-CONS 37/13 EF 115 ECOFIN 439 DRS 107 CODEC 1296
EUROPEAN UNION THE EUROPEAN PARLIAMT THE COUNCIL Brussels, 10 October 2013 (OR. en) 2011/0307 (COD) PE-CONS 37/13 EF 115 ECOFIN 439 DRS 107 CODEC 1296 LEGISLATIVE ACTS AND OTHER INSTRUMTS Subject: DIRECTIVE
More informationLucy Sutcliffe Fiscal Crime Liaison Officer Pretoria, South Africa
Lucy Sutcliffe Fiscal Crime Liaison Officer Pretoria, South Africa HM Revenue & Customs (HMRC) is the tax administration and customs authority for the United Kingdom. HMRC ensures that money is available
More informationGUIDELINES. Having regard to the Treaty on the Functioning of the European Union, and in particular Article 128 thereof,
L 173/102 30.6.2016 GUIDELINES GUIDELINE (EU) 2016/1061 OF THE EUROPEAN CTRAL BANK of 26 May 2016 amending Guideline ECB/2008/8 on data collection regarding the euro and the operation of the Currency Information
More informationNEW YORK STATE BAR ASSOCIATION INTERNATIONAL SECTION. Dublin 21 April 2017
1 NEW YORK STATE BAR ASSOCIATION INTERNATIONAL SECTION Dublin 21 April 2017 Christophe Jolk Avocat à la Cour (Paris, Luxembourg) Attorney at Law (New York) Outer Temple Chambers 2 Main Criminal Law Aspects
More information(Legislative acts) REGULATIONS
5.12.2011 Official Journal of the European Union L 321/1 I (Legislative acts) REGULATIONS REGULATION (EU) No 1255/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 November 2011 establishing a Programme
More informationInternal EU27 preparatory discussions on the framework for the future relationship: "Police & judicial cooperation in criminal matters"
29 January 2018 TF50 (2018) 26/2 - Commission to EU 27 Subject: Internal EU27 preparatory discussions on the framework for the future relationship: "Police & judicial cooperation in criminal matters" Origin:
More informationTREATY SERIES 2003 Nº 2. Convention on Combating Bribery of Foreign Public Officials in International Business Transactions
TREATY SERIES 2003 Nº 2 Convention on Combating Bribery of Foreign Public Officials in International Business Transactions Done at Paris on 17 December 1997 Signed on behalf of Ireland on 17 December 1997
More informationJIT GUIDELINES ON THE USE OF JOINT INVESTIGATION TEAMS THB WB. Co-funded by the Prevention of and Fight against Crime Programme of the European Union
JIT THB WB GUIDELINES ON THE USE OF JOINT INVESTIGATION TEAMS Co-funded by the Prevention of and Fight against Crime Programme of the European Union JIT THB WB GUIDELINES ON THE USE OF JOINT INVESTIGATION
More information10416/18 PhL/at 1 DG G 3 B
Council of the European Union Brussels, 25 June 2018 (OR. en) Interinstitutional File: 2016/0413 (COD) 10416/18 NOTE From: To: General Secretariat of the Council Delegations UD 138 ECOFIN 654 CRIMORG 88
More informationCOMMISSION STAFF WORKING DOCUMENT
EUROPEAN COMMISSION Brussels, 28.11.2016 SWD(2016) 426 final COMMISSION STAFF WORKING DOCUMENT Implementation Plan for Directive (EU) 2016/681 of the European Parliament and of the Council of 27 April
More informationCouncil of the European Union Brussels, 12 January 2015 (OR. en)
Council of the European Union Brussels, 12 January 2015 (OR. en) Interinstitutional File: 2013/0024 (COD) 5116/15 ADD 1 EF 6 ECOFIN 12 DROIP 1 CRIMORG 7 CODEC 20 "I" ITEM NOTE From: To: No. Cion doc.:
More informationCouncil of Europe COMMITTEE OF MINISTERS
Word FranГais Explanatory Memorandum Council of Europe COMMITTEE OF MINISTERS Recommendation Rec(2001)11 of the Committee of Ministers to member states concerning guiding principles on the fight against
More informationCOMMISSION STAFF WORKING PAPER. Accompanying document to the. Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND THE COUNCIL IMPACT ASSESSMENT
EUROPEAN COMMISSION Brussels, 12.3.2012 SWD(2012) 31 final COMMISSION STAFF WORKING PAPER Accompanying document to the Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND THE COUNCIL on the freezing
More information- 1 - Mag. Dr. Johannes MARTETSCHLÄGER Senior Public Prosecutor - Legal Adviser Federal Ministry of Justice of the Republic of Austria Department IV 4
- 1 - Mag. Dr. Johannes MARTETSCHLÄGER Senior Public Prosecutor - Legal Adviser Federal Ministry of Justice of the Republic of Austria Department IV 4 Final Report on the Regional Meeting of the European
More informationSUPPLEMENTARY INFORMATION Appendix FC- 2A Decree Law No. 54 (2006)
SUPPLEMENTARY INFORMATION Appendix FC- 2A Decree Law No. 54 (2006) LAW NO. 54 OF 2006 WITH RESPECT TO AMENDING CERTAIN PROVISIONS OF LEGISLATIVE DECREE NO. 4 OF 2001 WITH RESPECT TO PROHIBITION OF AND
More informationTHE INSTITUTIONS OF ECONOMIC
THE INSTITUTIONS OF ECONOMIC AND MONETARY UNION The institutions of the European Monetary Union are largely responsible for establishing European monetary policy, rules governing the issuing of the euro
More informationOfficial Journal of the European Union L 140/11
27.5.2013 Official Journal of the European Union L 140/11 REGULATION (EU) No 473/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 May 2013 on common provisions for monitoring and assessing draft
More informationREPORT BY THE COMPTROLLER AND AUDITOR GENERAL HC 226 SESSION JUNE HM Revenue & Customs. Progress in tackling tobacco smuggling
REPORT BY THE COMPTROLLER AND AUDITOR GENERAL HC 226 SESSION 2013-14 6 JUNE 2013 HM Revenue & Customs Progress in tackling tobacco smuggling 4 Key facts Progress in tackling tobacco smuggling Key facts
More informationDelegations will find below a Presidency compromise text on the abovementioned proposal.
Council of the European Union Brussels, 13 December 2016 (OR. en) Interinstitutional File: 2016/0208 (COD) 15468/16 EF 385 ECOFIN 1180 DROIP 215 CRIMORG 181 COTER 132 CODEC 1874 IA 139 FISC 234 NOTE From:
More informationMember States capabilities in fighting tax crimes
Belgium Tax avoidance is understood as a legal act - unless deemed illegal by the tax authorities or, ultimately, by the courts - of using tax regimes to one's own advantage to reduce one's tax burden.
More informationMulti-Annual Strategy
Multi-Annual Strategy 2016-2018 Towards developing and enhancing judicial cooperation, coordination and mutual trust in the European Union Introduction Eurojust is successfully supporting the Member States
More informationANNEX. to the. Communication from the Commission to the European Parliament, the Council and the European Economic and Social Commitee
EUROPEAN COMMISSION Brussels, 7.12.2018 COM(2018) 846 final ANNEX 1 ANNEX to the Communication from the to the European Parliament, the Council and the European Economic and Social Commitee 2nd Action
More informationANTI-FRAUD STRATEGY INTERREG IPA CBC PROGRAMMES BULGARIA SERBIA BULGARIA THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA BULGARIA TURKEY
ANTI-FRAUD STRATEGY INTERREG IPA CBC PROGRAMMES 2014-2020 BULGARIA SERBIA BULGARIA THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA BULGARIA TURKEY VERSION NOVEMBER 2016 1 TABLE OF CONTENTS PRINCIPLE 3 FOREWORD
More informationSafeguarding EU funds against fraud & corruption. Jana Mittermaier, Director TI EU Office, Brussels
Safeguarding EU funds against fraud & corruption Jana Mittermaier, Director TI EU Office, Brussels Positive developments + EU anti-corruption report (focus public procurement) + Proposal on fight against
More informationPUBLIC LIMITE EN COUNCILOF THEEUROPEANUNION. Brusels,13June2012 (OR.en) 10449/12 InterinstitutionalFile: 2011/0431(APP) LIMITE
ConseilUE COUNCILOF THEEUROPEANUNION Brusels,3June202 (OR.en) 0449/2 InterinstitutionalFile: 20/043(APP) LIMITE PUBLIC FREMP8 JAI366 COSCE7 COHOM22 OC292 LEGISLATIVEACTSANDOTHERINSTRUMENTS Subject: COUNCILDECISIONestablishinga
More informationEurojust s Casework in Asset Recovery at a Glance
Eurojust s Casework in Asset Recovery at a Glance February 2019 Eurojust s Casework in Asset Recovery at a Glance 12 February 2019 aims to assist competent judicial authorities in the EU Member States
More informationFinancial Penalties for Member States who fail to comply with Judgments of the European Court of Justice: European Commission clarifies rules
MEMO/05/482 Brussels, 14 December 2005 Financial Penalties for Member States who fail to comply with Judgments of the European Court of Justice: European Commission clarifies rules The European Commission
More informationCOMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE
EUROPEAN COMMISSION Brussels, 4.10.2017 COM(2017) 566 final COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE On the follow-up to
More informationCouncil conclusions on the creation and implementation of a EU policy cycle for organised and serious international crime
COUNCIL OF THE EUROPEAN UNION EN Council conclusions on the creation and implementation of a EU policy cycle for organised and serious international crime 3043rd JUSTICE and HOME AFFAIRS Council meeting
More informationEUR-Lex D EN
Page 1 Avis juridique important 32004D0515 2004/515/EC:Council Decision of 14 June 2004 on the principles, priorities and conditions contained in the European Partnership with Bosnia and Herzegovina Official
More informationASEAN LAW ASSOCIATION 25TH ANNIVERSARY SPECIAL COMMEMORATIVE SESSION NOVEMBER 2005, MAKATI SHANGRI-LA HOTEL, MANILA, PHILIPPINES
ASEAN LAW ASSOCIATION 25TH ANNIVERSARY SPECIAL COMMEMORATIVE SESSION 24-27 NOVEMBER 2005, MAKATI SHANGRI-LA HOTEL, MANILA, PHILIPPINES Cross Border Statutes and Other Measures To Curb Money Laundering
More information1. Delegations will find in the Annex the fifth revision of the above-mentioned proposal.
Council of the European Union Brussels, 18 December 2018 (OR. en) Interinstitutional File: 2018/0252(NLE) 11126/5/18 REV 5 ATO 51 CADREFIN 159 NOTE From: To: General Secretariat of the Council Delegations
More informationConseil des barreaux européens Council of Bars and Law Societies of Europe A. Introduction
Conseil des barreaux européens Council of Bars and Law Societies of Europe Association internationale sans but lucratif Rue Joseph II, 40 /8 1000 Bruxelles T. : +32 (0)2 234 65 10 Email : ccbe@ccbe.eu
More informationTHE FOREIGN EXCHANGE ACT
THE FOREIGN EXCHANGE ACT The full wording of Act No 202/1995 Coll. of the National Council of the Slovak Republic of 20 September 1995 the Foreign Exchange Act (and amending Act No 372/1990 Coll. on non-indictable
More informationI. The PNR agreements
Comments of the EDPS on different international agreements, notably the EU-US and EU-AUS PNR agreements, the EU-US TFTP agreement, and the need of a comprehensive approach to international data exchange
More information2007 Money Laundering Prevention No.2 SAMOA
2007 Money Laundering Prevention No.2 SAMOA Arrangement of Provisions PART I PRELIMINARY 1. Short Title and Commencement 2. Interpretation 3. Secrecy Obligations Overridden PART II ANTI MONEY LAUNDERING
More informationMember States capabilities in fighting tax crimes
Latvia Tax avoidance is understood as a legal act - unless deemed illegal by the tax authorities or, ultimately, by the courts - of using tax regimes to one's own advantage to reduce one's tax burden.
More informationREPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS
EUROPEAN COMMISSION Brussels, 12.6.2018 COM(2018) 455 final REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS
More informationIPA TWINNING NEWS NEAR SPECIAL
IPA TWINNING NEWS NEAR SPECIAL European IPA Twinning Projects Pipeline 2018 Project title ALBANIA IPA 2015 (indirect management CFCU) Title "Support to the Bank of Albania for Q3 2018 the Technical Cooperation
More informationMember States capabilities in fighting tax crimes
Legal text Portugal Nature of the offence Tax avoidance is understood as a legal act - unless deemed illegal by the tax authorities or, ultimately, by the courts - of using tax regimes to one's own advantage
More informationTHE THIRD EU DIRECTIVE ON MONEY LAUNDERING AND TERRORIST FINANCING
11 THE THIRD EU DIRECTIVE ON MONEY LAUNDERING AND TERRORIST FINANCING Ján Vyhnálik, Izabela Fendeková National Bank of Slovakia In May of this year, the European Parliament and Council adopted the Directive
More informationOfficial Journal of the European Union L 306/33
23.11.2011 Official Journal of the European Union L 306/33 COUNCIL REGULATION (EU) No 1177/2011 of 8 November 2011 amending Regulation (EC) No 1467/97 on speeding up and clarifying the implementation of
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EN EN EN COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 13.10.2008 COM(2008) 640 final 2008/0194 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on cross-border payments
More informationPRESENTATION BY RUMEN PETKOV. Mr. Rumen Petkov, Minister of Interior, delivered his speech:
Mr. Rumen Petkov, Minister of Interior, delivered his speech: Ladies and Gentlemen, Thank you for the opportunity to welcome the participants in the 6 th Training seminar of the OLAF Anti-Fraud Communicators
More information