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U I F 1 Regional Conference “New Trends and Techniques of Money Laundering and Terrorism Financing” November 22-23, 2010 Bucharest Romania.

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Presentation on theme: "U I F 1 Regional Conference “New Trends and Techniques of Money Laundering and Terrorism Financing” November 22-23, 2010 Bucharest Romania."— Presentation transcript:

1 U I F 1 Regional Conference “New Trends and Techniques of Money Laundering and Terrorism Financing” November 22-23, 2010 Bucharest Romania

2 U I F 2 Legal framework

3 U I F 3 Predicate Offences (Article 368 – A, Penal Code) Incitement to prostitution Sexual exploitation of children or minors Extortion Trafficking in narcotic drugs and psychotropic substances Arms trafficking Trafficking in human organs and tissues Trafficking in protected species Tax fraud Trafficking of influences Corruption Embezzlement Illicit economic participation in business Harmful administration Fraud in obtaining credit or grant Other economic and financial offences Offences punishable by a minimum penalty of more than 6 months’ imprisonment or a maximum penalty of more than 5 year’s imprisonment

4 U I F 4 Supervision/Control Entities (Act No. 25/2008, of 5th June) Portuguese Central Bank Portuguese Insurance Institute Securities Market Commission Authority for Alimentary and Economic Security Institute for the Construction and Real Estate General Inspectorate for Gambling Registries and Notaries General Directorate Statutory Auditors Association Chartered Accountants Chamber Bar Association Solicitors Chamber

5 U I F 5 Financial reporting entities (Act No. 25/2008, of 5th June) Credit institutions; Investment companies and other financial companies; Entities managing or dealing venture capital funds; Collective investment bodies trading their investment fund units; Insurance companies and insurance brokers (life insurance); Companies managing pension funds; Credit securitisation companies; Venture capital financing companies and investors; Investment consulting companies; Companies dealing in goods or services linked to investment in tangible assets.

6 U I F 6 Non-financial reporting entities (Act No. 25/2008, of 5th June) Those acting under a concession granted in order to operate games in casinos; Those paying out prizes of bets or lotteries; Those acting as real estate agents or buying and re-selling real estate, as well as building entities acting as direct sellers of real estate; Dealers in goods paid with cash, equal to or exceeding EUR 15000, regardless of whether the transaction is carried out through a single transaction or through several transactions apparently linked to each other; Statutory auditors, chartered accountants, external auditors and tax consultants;

7 U I F 7 Non-financial reporting entities (Act No. 25/2008, of 5th June) Notaries, registrars, lawyers, solicitadores and other independent professionals, incorporated as companies or acting individually, who, be it on behalf of a client or in any other circumstances, intervene in or assist operations as specified in law 25/2008, of 5 th June; Other providers of services to companies, to other legal persons or legal arrangements, where not included in the above entities.

8 U I F 8 Reporting Entities - Duties (Act No. 25/2008, of 5th June) Identification; Due diligence; Refusal; Document keeping; Examination; Reporting; Refrainment; Cooperation; Secrecy; Controlling; Training.

9 U I F 9 The FIU

10 U I F 10 FIU - Competences ( Decree-Law No. 42/2009, of 12th February – Article 5) Collect, centralize, process and disseminate nationwide the information relating to money laundering, financing terrorism and tax-related offences, Ensuring domestically the cooperation and articulation with the judiciary, the supervisory authorities and economic and financial players, Internationally, the cooperation with financial information units or similar structures

11 U I F Organization Chart Direction Coordination Council Liaison Standing Group Liaison Officers Research Section Squads Intelligence Section Collation and Analysis Squad Cooperation Squad Institutional Cooperation Section Technical Assessor ship General Support Document Treatment and Archive Secretariat

12 U I F 12 Workflow STR Records Coordination FIU Database Other Databases Cooperation Squad Research Section Dissemination Update Final Report

13 U I F 13 The risk based approach

14 U I F 14 The risk of ML/FT on the financial transactions The reporting entities have the duty of diligence in the relationships with their costumers They should have into account the risk profile of their costumers and the risk of the transaction

15 U I F 15 Criteria for the classification of the risk

16 U I F 16 Criteria for the classification of the risk Activity / profession Economic situation Legal persons Rationality of the business Beneficial owner Offshores jurisdictions Countries listed Family Associated persons

17 U I F 17 Statistics

18 U I F 18 2006200720082009 Total 164178172168 Requests to the Liaison Standing Group Crimes investigated

19 U I F 19 Reports received

20 U I F 20 Reports received Financial entities and supervisors There is an increase of 60% in the reports from the financial sector

21 U I F 21 Exchange of information – FIU’s

22 U I F 22 Proposals for freezing 20062007200820092010 (1st Sem.) N º of cases151413165 Amounts (aprox.) € 22.000.000 € 15.500.000 € 8.200.000 € 14.261.392€ 1.479.962,00 USD 250.000USD 24.600.000USD 20.000USD 6.548.194,00 £ 330.000

23 U I F 23 Type of suspicious transaction reported

24 U I F 24 Predicate offence detected

25 U I F 25 Type of Reported Transaction - 2009

26 U I F 26 Predicate Offences detected - 2009

27 U I F 27 Confirmed suspicions - 2009

28 U I F 28 Money laundering Enquiries, accusations and convictions (2006-2008) 2006200720082009 Enquires849546154 Accused/charged persons 12251617 Convictions 11414

29 U I F 29 Financial Intelligence Unit Sílvia Pedrosa | Fernando Jordão Financial Intelligence Unit Rua Luciano Cordeiro, 77 1150-213 Lisboa E-mail: uif@pj.pt Tel: (+351) 21 154 47 04 Fax: (+351) 21 314 24 24


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