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Противодействие легализации преступных доходов

Prevention of money laundering and terrorist financing is one of the most discussed topics that attract more and more attention of politics, lawyers, police, tax authorities and even economists. The main legal instruments at the EU level are the European Parliament and Council directive # 2005/60/ES on prevention of the use of the financial system for the purpose of money laundering and terrorist financing, as well as Commission Directive # 2006/70/ES. There is a law # 297/2008 on prevention of money laundering and combating financing of terrorism in power in Slovakia since 2008.

The law clearly defines what is a money laundering, the financing of terrorism, non-standard commercial transaction, as well as determines who is a responsible person and what duties shall be applied to such a person within the law in power.

Besides financial institutions, responsible persons under the law are for example:

  • Independent accountants
  • Tax advisors
  • Institutions and persons with the right to provide mediation services in buying, selling or renting real estate (i.e. real estate agents)
  • Institutions and persons with the right to provide organizational and economic consulting services.

It is important to note that the activities of independent accountants, as well as the activities of the organizational and economic advisors are free activities and it does not matter whether legal or physical entities provide these activities, it is important whether they have the permission to provide them.

One of the main duties of the responsible person is a creating of Program of Activities concerning the prevention of money laundering and terrorist financing. The Program should be prepared in a written form in the Slovak language, regularly updated and meeting all the legal requirements. Our company can prepare the Program concerning the combating of money laundering and terrorist financing for you according to your needs and activities of your company. The preparation of such a Program costs 399 euro.

In case of absence of such a Program, the responsible person can be fined, and the average fine was 2 000 euro in 2010 while the maximum fine can reach 165 969 euro.

In addition to creating the Program, the responsible person is obliged in a certain way to identify the client, where applicable, the beneficial owner, to define the commercial transaction, and depending on the risk of money laundering or terrorist financing, should apply basic, simplified, or enhanced customer due diligence.

Referring to the above, all legal persons with the permission to provide, for example, financial, accounting, real estate, organizational and economic consulting services are obliged to prepare the Program of activities aimed on the combating of money laundering and terrorist financing.

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