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I.C.S.F.T. : Article 18
- States Parties shall cooperate in the prevention of the offences
set forth in article 2 by taking all practicable measures, inter alia,
by adapting their domestic legislation, if necessary, to prevent and
counter preparations in their respective territories for the commission
of those offences within or outside their territories, including:
(a) Measures to prohibit in their territories illegal activities of
persons and organizations that knowingly encourage, instigate, organize
or engage in the commission of offences set forth in article 2;
(b) Measures requiring financial institutions and other professions
involved in financial transactions to utilize the most efficient measures
available for the identification of their usual or occasional customers,
as well as customers in whose interest accounts are opened, and to pay
special attention to unusual or suspicious transactions and report transactions
suspected of stemming from a criminal activity. For this purpose, States
Parties shall consider:
(i) Adopting regulations prohibiting the opening of accounts,
the holders or beneficiaries of which are unidentified or unidentifiable,
and measures to ensure that such institutions verify the identity
of the real owners of such transactions;
(ii) With respect to the identification of legal entities, requiring
financial institutions, when necessary, to take measures to verify
the legal existence and the structure of the customer by obtaining,
either from a public register or from the customer or both, proof
of incorporation, including information concerning the customer's
name, legal form, address, directors and provisions regulating the
power to bind the entity;
(iii) Adopting regulations imposing on financial institutions the
obligation to report promptly to the competent authorities all complex,
unusual large transactions and unusual patterns of transactions, which
have no apparent economic or obviously lawful purpose, without fear
of assuming criminal or civil liability for breach of any restriction
on disclosure of information if they report their suspicions in good
faith;
(iv) Requiring financial institutions to maintain, for at least five
years, all necessary records on transactions, both domestic and international.
- States Parties shall further cooperate in the prevention of offences
set forth in article 2 by considering:
(a) Measures for the supervision, including, for example, the licensing,
of all money-transmission agencies;
(b) Feasible measures to detect or monitor the physical cross-border
transportation of cash and bearer negotiable instruments, subject to
strict safeguards to ensure proper use of information and without impeding
in any way the freedom of capital movements.
- States Parties shall further cooperate in the prevention of the offences
set forth in article 2 by exchanging accurate and verified information
in accordance with their domestic law and coordinating administrative
and other measures taken, as appropriate, to prevent the commission
of offences set forth in article 2, in particular by:
(a) Establishing and maintaining channels of communication between their
competent agencies and services to facilitate the secure and rapid exchange
of information concerning all aspects of offences set forth in article
2;
(b) Cooperating with one another in conducting inquiries, with respect
to the offences set forth in article 2, concerning:
(i) The identity, whereabouts and activities of persons
in respect of whom reasonable suspicion exists that they are involved
in such offences;
(ii) The movement of funds relating to the commission of such offences.
- States Parties may exchange information through the International
Criminal Police Organization (Interpol).
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