Nieuwe maatregelen tegen witwassen geld: meldingsplicht bij vervoer van meer dan 10.000 euro (en)

dinsdag 16 november 2004

The European Commission has welcomed the political agreement reached by the Council of Ministers for Economic and Financial Affairs on a common position on a Commission proposal for Regulation to introduce an EU-wide approach to controlling cash movements in and out of the EU (see IP/02/955). Once adopted, the proposed Regulation would require Member States to ensure travellers entering or leaving the EU through its external borders make a declaration if they are carrying more than €10,000 (or its equivalent in other currencies or easily convertible assets). The Commission in 2002 reported on a joint operation by EU customs authorities to monitor cross-border cash movements in excess of €10,000 from September 1999 to February 2000 that revealed total cash movements in that period of €1.35 billion. This large quantity of cash movements may imply money-laundering activities and a threat to Community and national interests.

Taxation and Customs Commissioner Frits Bolkestein i commented: "I welcome the Council's agreement on the Commission proposal that is designed to prevent laundered money from reaching criminals and terrorists while at the same time not unduly interfering with the legitimate traveller."

The proposed Regulation would provide for a Community-wide approach to controlling cash movements into the Community. It would oblige travellers entering or leaving the Community and carrying more than €10,000 (or its equivalent in other currencies or easily convertible assets such as cheques drawn on a third party and traveller's cheques/postal cheques) to make a declaration to the customs authorities.

The €10,000 threshold is high enough to save the majority of travellers and traders from disproportionate administrative formalities.

Customs authorities would be empowered under the Regulation to undertake controls on people and their baggage and detain cash that has not been declared.

Member States would be required to initiate proceedings, in accordance with national legislation, against people who fail to declare cash over €10,000. Member States would have to ensure that the penalties resulting from such proceedings were proportionate to the offence, so as to have a deterrent effect.

Where therewas evidence that cash was being carried for the purpose of money laundering, Member States would be obliged to notify the competent authorities of the Member State where the person resides and of the Member State(s) through which the person entered or left EU territory.

If the money laundering appears to involve fraud or other illegal activity involving European Community funds, Member States would also have to notify the Commission. Where links to terrorism were suspected, the proposed Regulation would allow information to be supplied to the competent authorities of non-EU countries.

In accordance with the EC Treaty co-decision procedure, once the Council has adopted its formal Common Position, the European Parliament will give its a second reading.

For further information, including the Commission report on controls on cross-border cash movements, see

http://europa.eu.int/comm/taxation_customs/customs/cash/index_en.htm

The full text of the political agreement on the common position on cash controls will be available on the Europa internet site:

http://europa.eu.int/comm/taxation_customs/index_en.htm