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money laundering best practices, lessons to be learnt and steps

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Additional improvement of the Law lies in the expansion of this list <strong>to</strong> lawyers <strong>and</strong> lawyers’associations, public notaries, audit companies, authorized audi<strong>to</strong>rs, authorized accountants <strong>and</strong>tax advisors. It should <strong>be</strong> mentioned at this stage that lawyers, lawyers’ association <strong>and</strong> publicnotaries are obliged <strong>to</strong> report on suspicious transactions <strong>to</strong> the Office on Prevention of MoneyLaundering only in the case when they are performing financial or property transactions 11 .The Law forbids opening <strong>and</strong> possession of anonymous accounts. It is m<strong>and</strong>a<strong>to</strong>ry <strong>to</strong> establish theidentity of the client when opening any kind of bank account or: At each transaction made in cash, foreign currency, shares, precious metals or gems incases when <strong>to</strong>tal value of transaction exceeds HRK 105.000, When performing linked financial transactions that in <strong>to</strong>tal amount value of HRK 105.000or more, Insurance companies are obliged <strong>to</strong> identify cus<strong>to</strong>mer on matters of life insurances if the<strong>to</strong>tal annual amount of premium exceeds HRK 40.000, At all other cash or property transactions where a suspicion of <strong>money</strong> <strong>laundering</strong> exists.Additional change in the Law is that when establishing a business relationship of a morepermanent nature, the party has <strong>to</strong> provide a statement specifying the owner of the legal person<strong>and</strong> list of the Executive Board in order <strong>to</strong> establish the identity of the real owner.In year 2005 in Croatia there were 282 cases of Money Laundering amounting <strong>to</strong> suspected“<strong>laundering</strong>” of 100 million EUR or 740 million HRK. Additionally there were 4.2 million HRKof suspicious transactions blocked by banks, <strong>and</strong> 70 cases were reported <strong>to</strong> the competentauthorities. For the last 9 years of existence of the Office for Prevention of Money Launderingthere have <strong>be</strong>en 2 omnipotent sentences for Money Laundering.The Office, in cooperation with some foreign Offices, was also involved in discovering a part ofthe chain of international mafia wanted by Interpol, in which transactions amounted <strong>to</strong> 13.5million dollars.Up <strong>to</strong> 2 million dollars were transferred through non resident bank accounts of anoff-shore company, 5 million euros in the case of additional capitalization of the financialinstitutions by the foreign inves<strong>to</strong>rs, 2.5 million dollars from drugs trafficking <strong>and</strong> 4 milliondollars from cigarette smuggling. Additionally, five bank accounts of suspected terrorists werefrozen by the office.11Art 9a of the Law on Prevention of Money LaunderingMoney Laundering Best Practices,Lessons <strong>to</strong> <strong>be</strong> Learnt in the Balkan RegionWritten by Tamara BrneticPage 13 of 58

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