12.07.2015 Views

View/save PDF version of this document - La Strada International

View/save PDF version of this document - La Strada International

View/save PDF version of this document - La Strada International

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

70 Travaux préparatoires: United Nations Convention against Transnational Organized Crimemoney-laundering, within its competence, in order to deter and detect all forms <strong>of</strong>money-laundering, which regime shall emphasize requirements for customer identification,record-keeping and the reporting <strong>of</strong> suspicious transactions;“(b) Without prejudice to articles [14 and 19] <strong>of</strong> <strong>this</strong> Convention, ensure thatadministrative, regulatory, law enforcement and other authorities dedicated to combatingmoney-laundering (including, where appropriate under domestic law, judicialauthorities) have the ability to cooperate and exchange information at the nationaland international levels [within the conditions prescribed by its domestic legislation].“2. For the purposes <strong>of</strong> implementing and applying the provisions <strong>of</strong> <strong>this</strong> article[and article 4 bis], States Parties shall adopt and adhere to the international standardsset by the Financial Action Task Force on Money <strong>La</strong>undering, as set out forreference in annex [...] to <strong>this</strong> Convention and as endorsed by the General Assemblyin its resolution S-20/4 <strong>of</strong> 10 June 1998 on countering money-laundering.“[3. With respect to the monitoring <strong>of</strong> implementation by States Parties <strong>of</strong> theobligations set forth in <strong>this</strong> article [and article 4 bis], and without prejudice to theapplication <strong>of</strong> article [23] to other provisions <strong>of</strong> <strong>this</strong> Convention, a State Party shallbe deemed to be in compliance with article [23] if that State Party is subject to andparticipates in a regular process <strong>of</strong> peer review conducted by the Financial ActionTask Force on Money <strong>La</strong>undering or other comparable regional body that assessesimplementation <strong>of</strong> regimes against money-laundering as set forth in <strong>this</strong> article.]“Option 3 12“1. Each State Party:“(a) Shall institute a comprehensive domestic regulatory and supervisory regimefor banks and non-bank financial institutions, and other bodies particularly susceptibleto money-laundering, within its competence, in order to deter and detect all forms<strong>of</strong> money-laundering, which regime shall emphasize requirements for customer identification,record-keeping and the reporting <strong>of</strong> suspicious transactions;“(b) Shall, without prejudice to articles [14 and 19] <strong>of</strong> <strong>this</strong> Convention, ensurethat administrative, regulatory, law enforcement and other authorities dedicated tocombating money-laundering (including, where appropriate under domestic law, judicialauthorities) have the ability to cooperate and exchange information at the nationaland international levels within the conditions prescribed by its domestic legislationand, to <strong>this</strong> end, shall consider the establishment <strong>of</strong> a financial intelligence unit toserve as a national centre for the collection, analysis and dissemination <strong>of</strong> informationregarding potential money-laundering and other financial crimes.“2. States Parties shall consider implementing feasible measures to detect andmonitor the movement <strong>of</strong> cash and appropriate negotiable instruments across theirborders, subject to safeguards to ensure proper use <strong>of</strong> information and without impedingin any way the freedom <strong>of</strong> legitimate capital movements. The measures mayinclude a requirement that individuals and businesses report cross-border transfers <strong>of</strong>substantial quantities <strong>of</strong> cash and appropriate negotiable instruments. 1312The text <strong>of</strong> option 3 was drafted by an informal group convened at the request <strong>of</strong> the Chairman at the fifth session<strong>of</strong> the Ad Hoc Committee (A/AC.254/L.83), but was not discussed in detail at that session.13One delegation indicated that it did not support the inclusion <strong>of</strong> <strong>this</strong> paragraph in <strong>this</strong> proposed alternative text.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!