Overview ML-legislation EU-countries
24 April 2019 11:09
AMLC-NL made an overview of ML-legislation in EU-countries. This overview is largely based on information provided by the countries themselves. In 2014 the European Commission sent EU Member States a questionnaire in order to improve cooperation between Member States. In 2016 most of the Member States updated their information. The EU Member States did not object to the use of their information on behalf of this overview.
In addition, the AMLC itself has conducted open source research. The overview, therefore, includes references to FATF reports and websites where relevant legislation can be found (not necessarily official government websites).
This overview was made because there appears to be a need for it in investigation practice. However, do keep in mind the new European directive regarding the European Investigation Order (EIO). The EIO replaces the existing legal framework applicable to the gathering and transfer of evidence between the member states. The directive states that if an EIO is sent based on money laundering offences punishable with a maximum of at least three years, dual criminality may not be used as ground for refusal. So, on the basis of this directive a difference in money laundering legislation is no breaking point for cooperation. The EIO is used by the EU countries, apart from Denmark and Ireland. The directive was implemented in Dutch national legislation in June 2017.
This overview is only available for government-partners and requests can be emailed to AML.Centre_Postbus@belastingdienst.nl.