Laundering of proceeds of other serious crimes considered a criminal offence

Curriculum on International Cooperation in Criminal Matters Extradition, Mutual Legal Assistance and Proceeds of Crime, 2002.

Presented papers on international criminal law, the International Criminal Court, international penal law conventions, terrorism, corruption and proceeds of crime to various international forums and conferences

Money laundering is generally understood to mean the processing of criminal proceeds to conceal or disguise their illegal origin.

Nevertheless, the challenge remains to effectively implement the laws and show real progress in seizing criminal proceeds and prosecuting money launderers.

In order to be effective, judicial cooperation must include, inter alia, mutual judicial assistance on criminal matters, cooperation in freezing illicit proceeds and extradition agreements.

(b) To provide factual, concrete help to competent authorities that may contribute to depriving organized criminal groups of their resources or of the proceeds of crime.

The idea was principally to study how to implement the criminalization provisions relating to laundering the proceeds of crime, corruption and participation in organized criminal gangs.

States in which it is a criminal offence to launder the proceeds of drug trafficking, by region (those responding in both the second and the third reporting period)

Has your country adopted measures to reduce existing or future opportunities for organized criminal groups to participate in lawful markets with proceeds of crime (art. 31, para. 2), including

Manage the delivery of and deliver technical assistance to States on implementing legislation for the conventions, and international cooperation in criminal matters including restraint and confiscation of proceeds of crime

Special rules on proceeds

Since economic crimes, including money laundering, are committed for the purpose of obtaining profit, tracing, freezing, seizing and confiscating the proceeds of crime are the most effective measures against those criminal activities.

Currently, Anguilla has in place effective anti money laundering legislation, including the Proceeds of Criminal Conduct Act, 2000 the Money Laundering Reporting Authority Act, 2000 the Anti Money Laundering Regulations the Guidance Notes on the Prevention of Money Laundering and the Criminal Justice (International Cooperation) (Anguilla) Act.

In West and Central Africa, the collapse of institutional frameworks is often linked to the laundering of the proceeds of drug trafficking for the procurement of arms by rebel groups and criminal organizations.

Laundering of proceeds of crime

Proceeds derived from the offence

Proceeds from revenue producing activities

Reference was made to provisions of national penal codes and other domestic legislation establishing as criminal offences participation in an organized criminal group, laundering of the proceeds of crime, corruption and obstruction of justice, and explanations were provided of the specific elements of such offences in domestic provisions.

Does your country's legislation encourage persons who participate or have participated in organized criminal groups to provide information useful to competent authorities for investigative and evidentiary purposes or any other concrete help that may contribute to depriving organized criminal groups of their resources or proceeds of crime (art.

One tool highlighted by several speakers as particularly effective in that regard was a comprehensive regime for the freezing and confiscation of the proceeds of criminal activities, employing conviction and non conviction based approaches.

Prostitution is not a criminal offence in the Niger, but the law has provided for a legal mechanism to penalize any person who encourages prostitution or benefits from the proceeds of a woman's prostitution.

Information was also provided on the confiscation of assets and proceeds of crime and the sharing of such proceeds.

The illegal proceeds shall be confiscated and a fine of 1 5 times of the illegal proceeds shall be imposed.

(e) Preventing and combating the transfer of proceeds of offences established in accordance with this Convention and recovering such proceeds

Control of the proceeds of crime

Several speakers called for a renewed focus on the prevention and control of money laundering and the confiscation of criminal proceeds, with a view to impeding criminals from disguising and benefiting from their ill gotten gains.

Issues to be discussed relate to the recovery of the proceeds of the fraud from both countries (i.e. Xanadu and Zeitstaat) and Youngland (domestic measures and international cooperation in the control of the proceeds of crime, including freezing, confiscation, civil forfeiture or asset sharing) for the purpose of restitution to the victims, in addition to the criminal liabilities of all the persons involved.

All proceeds go to Prostate Cancer UK.

Most States replying to the questionnaires (88 per cent) indicated that laundering of proceeds derived from drug trafficking was a criminal offence in their jurisdictions, in accordance with the provisions of the 1988 Convention (see figure I).

In Southern Africa, criminal networks are engaged in laundering the proceeds of crime, in particular from drug trafficking, trafficking in firearms, stolen vehicles and endangered species, as well as trafficking in persons and the smuggling of migrants.

(a) Proceeds of crime derived from offences covered by this Convention or property the value of which corresponds to that of such proceeds

(a) The assignor has received the proceeds under instructions from the assignee to hold the proceeds for the benefit of the assignee and

The Guernsey Financial Services Commission put out for consultation proposed amendments to the Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Regulations and the Guidance Notes on the Prevention of Money Laundering and Countering the Financing of Terrorism.

The Office of the High Representative also completed a survey of criminal and civil asset forfeiture laws in order to support efforts by the Ministry of Justice to find practicable solutions for dealing with the proceeds of crime.

Most reporting States (88 per cent) indicated that laundering of proceeds derived from drug trafficking was a criminal offence in their jurisdictions, an increase of 8 per cent over the results of the first and second reporting periods.

5. Income or other benefits derived from proceeds of crime, from property into which proceeds of crime have been transformed or converted or from property with which proceeds of crime have been intermingled shall also be liable to the measures referred to in this article, in the same manner and to the same extent as proceeds of crime.

Criminalization of the laundering of proceeds of crime

Disposal of confiscated proceeds of crime or property

Accounting for proceeds from the sale of property

(a) Proceeds of crime derived from offences established in accordance with this Convention or property the value of which corresponds to that of such proceeds

Delivered more than one hundred speeches and lectures on international criminal law including genocide, crimes against humanity and war crimes, the International Criminal Court, international penal law conventions, terrorism, corruption, international cooperation (extradition and mutual legal assistance) and restraint and confiscation of proceeds of crime in Africa, Asia, Canada, the Caribbean, Europe, the South Pacific and the United States.

The Party transferring the proceeds of crime or property assumes no liability or responsibility for the proceeds of crime or property once they have been transferred and relinquishes all right or title to and interest in the transferred proceeds of crime or property.

6. Income or other benefits derived from such proceeds of crime, from property into which such proceeds of crime have been transformed or converted or from property with which such proceeds of crime have been intermingled shall also be liable to the measures referred to in this article, in the same manner and to the same extent as proceeds of crime.

Laundering proceeds derived from other serious crimes was a criminal offence in 76 per cent of the States reporting in the third reporting period, while a further 8 per cent reported they were planning to introduce legislative measures to do so.