歐洲議會(huì)和歐盟理事會(huì)關(guān)于修訂理事會(huì)關(guān)于防止利用金融系統(tǒng)洗-全文預(yù)覽
【正文】 creation, operation or management of panies。 4. real estate agents。Competent authorities39。 fraud, at least serious, as defined in Article 1(1) and Article 2 of the Convention on the protection of the European Communities39。 means assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to or interests in such assets. (E) 39。 the concealment or disguise of the true nature, source, location, disposition, movement, rights with respect to, or ownership of property, knowing that such property is derived from criminal activity or from an act of participation in such activity。 3. an investment firm as defined in Article 1(2) of Directive 93/22/EEC(11)。Financial institution39。 其中91/308/EEC號(hào)指令的第11條由2001/97/EC中的新條款代替，第10條分別添加了新內(nèi)容，而第12條中的部分術(shù)語(yǔ)做了替代。歐洲議會(huì)和歐盟理事會(huì)《關(guān)于修訂理事會(huì)（關(guān)于防止利用金融系統(tǒng)洗錢的指令）的指令》（2001） Council Directive on Prevention of the Use of the Financial System for the Purpose of Money Laundering 背景：1991年6月10日，歐洲共同體理事會(huì)在盧森堡通過了歐盟的第一個(gè)反洗錢指令，即《關(guān)于防止利用金融系統(tǒng)洗錢的指令》（91/308/EEC）。2001/97/EC號(hào)指令考慮到建立歐盟的條約、服務(wù)貿(mào)易總協(xié)議（General Agreement on Trade in Service）的原則以及國(guó)際洗錢的新趨勢(shì)，通過修訂 “信用機(jī)構(gòu)”和“金融機(jī)構(gòu)”的界定等來(lái)最大范圍地覆蓋金融業(yè)，對(duì)上游犯罪做出了進(jìn)一步的核定，將履行必要義務(wù)的對(duì)象進(jìn)行了擴(kuò)展，對(duì)公證人等專業(yè)人員的相關(guān)行為和成員國(guó)應(yīng)負(fù)義務(wù)做出了一定規(guī)定。 (B) 39。 2. an insurance pany duly authorised in accordance with Directive 79/267/EEC(10), insofar[6] as it carries out activities covered by that Directive。 means the following conduct when mitted intentionally: the conversion or transfer of property, knowing that such property is derived from criminal activity or from an act of participation in such activity, for the purpose of concealing or disguising the illicit origin of the property or of assisting any person who is involved in the mission of such activity to evade the legal consequences of his action。Property39。 the activities of criminal organisations as defined in Article 1 of Joint Action 98/733/JHA(12)。 an offence which may generate substantial proceeds and which is punishable by a severe sentence of imprisonment in accordance with the penal law[10] of the Member State. Member States shall before 15 December 2004 amend the definition provided for in this indent in order to bring this definition into line with the definition of serious crime of Joint Action 98/699/JHA. The Council invites the Commission to present before 15 December 2004 a proposal for a Directive amending in that respect this Directive. Member States may designate[11] any other offence as a criminal activity for the purposes of this Directive. (F) 39。 and on the following legal or natural persons acting in the exercise of their professional activities: 3. auditors, external accountants and tax advisors。 (iii) opening or management of bank, savings or securities accounts。 6. dealers in highvalue goods, such as precious stones or metals, or works of art, auctioneers, whenever payment is made in cash, and in an amount of EUR 15000 or more。nonface to face39。 (a) by furnishing those authorities, at their request, with all necessary information, in accordance with the procedures established by the applicable legislation. 2. The information referred to in paragraph 1 shall be forwarded to the authorities responsible for bating money laundering of the Member State in whose territory the institution or person forwarding the information is situated. The person or persons designated by the institutions and persons in accordance with the procedures provided for in Article 11(1)(a) shall normally forward the information. 3. In the case of the notaries and independent legal professionals referred to in Article 2a(5), Member States may designate an appropriate selfregulatory body of the profession concerned as the authority to be informed of the facts referred to in paragraph 1(a) and in such case shall lay do
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