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What is an “attractive” banking regime
Courtesy TRANSCRIME “Euroshore” project
1. Money laundering punished in your criminal system?
2. Legislation provides for a list of crimes as predicate offences?
3. Predicate offences cover all serious crimes?
4. Predicate offences cover all crimes?
5. Provision allowing confiscation of assets for an ML offence?
6. Special investigative bodies or investigations in relation to ML offences?
1. Is there an anti-ML law in the jurisdiction?
2. Banks covered by the anti-ML law?
3. Other financial institutions covered by the anti-ML law?
4. Non-financial institutions covered by the anti-ML law?
5. Other professions carrying out a financial activity covered by the anti-ML law?
6. ID requirements for the institutions covered by the anti-money law?
7. Suspicious transactions reporting?
8. Central authority (for instance, an FIU) for the collection of suspicious transactions reports?
9. Co-operation between banks or other financial institutions and police authorities?
1. Prohibition to open a bank account without ID of the beneficial owner?
2. Limits to bank secrecy in case of criminal investigation and prosecution?
1. Minimum share capital required for limited liability companies?
2. Prohibition on bearer shares in limited liability companies?
3. Prohibition on legal entities as directors of limited liability companies?
4. Registered office exists for limited liability companies?
5. Any form of annual auditing (at least internal) for limited liability companies?
6. Shareholder register exists for limited liability companies?
1. Extradition (at least of foreigners) for ML offences?
2. Assistance to foreign law enforcement agencies in investigation of ML cases?
3. Law enforcement may respond to a request from a foreign country for financial records?
4. Provision allowing the sharing of confiscated assets for ML offences?
5. The 1988 UN Convention been ratified?
CRIMINAL LAW
ADMINISTRATIVE REGULATIONS
BANKING LAW
COMPANY LAW
INTERNATIONAL CO-OPERATION PROVISIIONS
$ What factors make some countries more attractive to ML than others?