Anti-Money Laundering International Law and Practice
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1 2008 AGI-Information Management Consultants May be used for personal purporses only or by libraries associated to dandelon.com network. Edited by Wouter H. Muller Christian H. Kalin John G. Goldsworth Anti-Money Laundering International Law and Practice BICENTENNIAL John Wiley & Sons, Ltd -t flr Henley & Partners
2 CONTENTS Acknowledgements Alliance partners About this book About the editors Foreword Professor Kader Asmal, President FATF xi xii xv xvi xix Anti-Money Laundering - A short history 1 Wouter H. Muller (editor), Zurich INTERNATIONAL ISSUES 13 Compliance and AML - Standards, education and training 15 William B. Howarth, president ICA, Birmingham (UK) Anti-Money Laundering Regulation and Trusts 23 Martyn Frost, STEP Deputy Chairman, Oldham (UK) INTERNATIONAL ORGANIZATIONS AND INITIATIVES 35 The United Nations Security Council and the effort to combat money laundering and the financing of terrorism 37 Joel Sollier, UNSC Counter-Terrorism Committee, New York UN Anti-Money Laundering Initiatives 49 Rick McDonell, UNODC, Vienna Initiatives of the European Commission 57 Franco Frattini, Ell Commission, Brussels (Belgium) The Financial Action Task Force 69 Alain Damais, Executive Secretary FATF, Paris (France) The Egmont Group 83 Wouter H. Muller (editor), Zurich The Wolfsberg Process 93 Mark Pieth, University of Basel COUNTRIES 105 The Americas 107 USA 109 John W. Moscow, Rosner Moscow & Napierala LLP, New York Canada 127 Nancy J. Carroll & Barbara A. Mclsaac, McCarthy Tetrault, Toronto/Ottawa (Ontario) Panama '. 141 Ricardo M. Alba & Eloy Alfaro de Alba, Tapia, Linares & Alfaro, Panama City VII
3 Argentina 157 Sebastian A. Soler, Marval, O'Farrell & Mairal, Buenos Aires Brazil 167 Eliana Maria Filippozzi, Noronha Advogados, London Robert Ellis Williams, Noronha Advogados, Sao Paulo Uruguay 181 Fabian Rivero, Estudio Bergstein, Montevideo Ady Beitler, Montevideo Chile 195 Cristobal Eyzaguirre, Felipe Dalgalarrando & Patricio Middleton Claro y Cia., Santiago de Chile Bahamas, Bermuda and Caribbean 211 Bermuda 213 Craig W. Maclntyre, Conyers Dill & Pearman, Hamilton Bahamas : 233 Cheryl E. Bazard & Tanya C. McCartney, Bahamas Association of Compliance Officers, Nassau Cayman Islands 249 Martin Livingston, Maples & Calder, Grand Cayman British Virgin Islands 261 Craig W. Maclntyre, Conyers Dill & Pearman Barbados 275 Carolyn Hanson, ICA and Barbados Association of Compliance Professionals Christ Church, Barbados Netherlands Antilles and Aruba 295 Aede Gerbranda, Smeets Thesseling van Bokhorst, Curacao/Amsterdam St. Kitts and Nevis 307 Shawna Lake & Idris Fidela Clarke, Ministry of Finance, Basseterre, St. Kitts Europe 319 Switzerland 321 Judith Schmidt, Swiss Money Laundering Control Authority, Berne Liechtenstein 341 Johannes Gasser & Markus Schwingshackl, Advokaturbiiro Dr. Dr. Batliner & Dr. Gasser, Vaduz Austria 355 Thomas Schirmer & Markus Uitz, Binder Grosswang Rechtsanwalte, Vienna United Kingdom 369 Peter Burrell & Kate Meakin, Herbert Smith LLP, London Jersey 381 Andrew le Brun, Jersey Financial Services Commission, St. Helier, Jersey Guernsey 399 MarkG. Ferbrache, Ferbrache Richardson, St. Saviours, Guernsey VIII
4 Cyprus 419 David Stokes, Andreas Neocleous & Co, Limassol Isle of Man 435 Nick Verardi & Mark Conway, Dickinson Cruickshank, Douglas (lom) Ireland 451 John Handoll, William Fry Solicitors, Dublin Germany 467 Olaf Otting, Gleiss Lutz, Frankfurt am Main France 483 Philippe Blaquier-Cirelli & Pierre-Yves Couturier, Jeantet Associes, Avocats a la Cour, Paris Monaco 499 Donald Manasse & Sophie Marquet, Donald Manasse Law Offices, Monaco Spain 513 Javier Garcia Sanz & Guillermo San Pedro, Una Menendez, Madrid Italy 529 Alberto Giampieri & Paolo lemma, Gianni, Origoni, Grippo & Partners, Rome/Milan Greece 541 D. Karamagiolis, Tsibanoulis & Partners, Athens Belgium 557 Francoise Lefevre & Olivier Praet, Linklaters de Bandt, Brussels Netherlands 575 Enide Perez & Max Vermeij, Stibbe Advocaten, Amsterdam Luxembourg 595 Pit Reckinger, Elvinger, Hoss & Prussen, Avocats a la Cour, Luxembourg Russian Federation 615 Valery Tutykhin, John Tiner & Partners, Moscow Ukraine 627 Dmytro Korbut, Andreas Neocleous & Co, Kiev Middle East 641 United Arab Emirates 643 Graham Lovett & Charles Barwick, Clifford Chance, Dubai (UAE) Asia Pacific 659 Singapore 661 Chee Fang Theng, KhattarWong Advocates & Solicitors, Singapore Japan 681 Takashi Nakazaki, Anderson Mori & Tomotsune, Tokyo China 703 Donna Li, AIIBright Law Offices, Shanghai Gu Xiao Rong, Institute of Law of Shanghai Academy of Social Sciences.Shanghai IX
5 Hong Kong 719 Steven R. Sieker & L. Travis Benjamin, Baker & McKenzie, Hong Kong Australia 739 Andrew White, Faculty of Law, University of Melbourne, Victoria New Zealand 763 David Craig & Simon David, Bell Gully, Barristers and Solicitors, Wellington Africa 777 South Africa 779 Pieter K. Smit, Financial Intelligence Center, Pretoria Index 795 X
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