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Old 14-12-2012, 05:06 PM   #1
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Default FINCEN Crimes Enforcement Network Solutions

THE NEW APPLICATION Solution to FILE CTR'S , SARS, and DOEP's, by using the BSA Online E-filing Solution:

www.fincen.gov  


Mandatory E-Filing FAQs

Why is FinCEN mandating E-Filing?

In an effort to improve efficiency, reduce government and industry costs, and enhance the ability of FinCEN, law enforcement, and regulators to gain better and timelier access to important financial information, the Financial Crimes Enforcement Network (FinCEN) is requiring the electronic filing of certain FinCEN reports.
Additionally, BSA E-Filing allows organizations or individuals to electronically and securely file discrete and batched FinCEN reports. It also allows a registered user to send secure messages to FinCEN (and receive responses where appropriate).

When did FinCEN decide to make E-Filing mandatory?

On September 16, 2011, FinCEN issued a notice and request for comments on the proposed requirement for electronic filing.1 On December 20, 2011, FinCEN issued an update extending the deadline for adopting the new CTR and SAR reports to March 31, 2013, but also indicated that FinCEN intends to mandate electronic filing of reports after June 30, 2012. A Final Notice mandating E-Filing was issued by FinCEN on February 24, 2012 (Final Notice 77 Fed. Reg. 12367 (2012)). For more information please visit http://www.fincen.gov/news_room/nr/pdf/20120223.pdf, E-Filing is mandatory as of July 1, 2012 unless you were granted a temporary exemption.

What steps must be taken to register for E-Filing?

Visit the BSA E-Filing System. Click Become a BSA E-Filer and follow the instructions in order to enroll yourself as an individual FBAR filer or your organization as a Supervisory User in BSA E-Filing. The enrollment process can take from five to seven days. If your organization has already enrolled in BSA E-Filing, contact your organization's Supervisory User to obtain instructions for enrolling yourself as a general user.

Is there a cost to participating in BSA E-Filing?

No, the BSA E-Filing system is free.

When does E-Filing become mandatory?

With limited exceptions, E-Filing is mandatory effective July 1, 2012.

What FinCEN Reports must be E-Filed?

Most all FinCEN reports fall within the E-Filing mandate. For practical reasons, the Currency and Monetary Instrument Report (CMIR), which is most often completed by individuals upon physically crossing the border into the United States, is not included in the mandate. FinCEN Form 8300, Report of Cash Payments Over $10,000 Received in a Trade or Business, may also continue to be filed on paper.

To receive the various benefits received from E-Filing, FinCEN encourages individuals to E-File FBARs (Reports of Foreign Bank and Financial Accounts) electronically and has made that option available at the BSA E-Filing website. However, FinCEN granted a general exemption for mandatory E-Filing for the FBAR until June 30, 2013.

E-Filing for all other reports is mandatory effective July 1, 2012.

When are the new FinCEN reports required to be filed?

FinCEN will continue to accept the most current "legacy" reports submitted via E-Filing until the mandated use of the new reports on March 31, 2013.

What happens if a paper report is submitted after the July 1, 2012, electronic deadline?

FinCEN may impose civil money penalties for noncompliance with our regulations, including $500 for each negligent currency transaction or suspicious activity reporting violation under 31 C.F.R. § 1010.820.

Where can I find more information about BSA E-Filing?

For more information about BSA E-Filing, please review the E-Filing Section on FinCEN's Web site. FinCEN is committed to working with financial institutions to increase their understanding of the value of E-Filing and has issued a brochure that highlights its benefits. For other technology-related questions specific to E-Filing, please call the BSA E-Filing Help desk at 1-866-346-9478. FinCEN has additionally prepared an instructional presentation on how to file electronically.





First let me INTRODUCE my self as a IT BUSINESS SPECIALIST.:

Ronald Wederfoort
IT BUSINESS CONSULTANT
and also FINCEN - BSA E-Filing Solutions for CTR,DOEP,SARS
link: LINKEDIN : http://www.linkedin.com/profile/view?id=3344339




THE REASON for Posting this FORUM about FINCEN is as follows:
In the Case of BARNEY IVANOVICK with the Plaza HOTEL HOTEL CRIME CASE, which I have the LINK below you can see that there were BANKS invloved. http://www.davidicke.com/forum/showthread.php?t=229583

But even trying to do your BEST to solve this ISSUE in a PEACEFUL WAY, I see all DOORS of possibility closing in front of us.
BARNEY and I did our best to see how this could be solved this Issue, or situation.

Many of the FINANCIAL institutions and other Companies on the ISLAND are not complying with the NEW RULES of FINCEN which are
MANDATORY. I do believe that these RULES and REQUIREMENTS will help to ISLAND and control all those IN-LEGAL activities which has to
do with MONEY LAUNDERING and other Acts which are against the BSA Laws.

So I came to the conclusion TO FILE SARS against these BANKS, so FINCEN and their AGENCIES can use their TECHNOLOGY and
TOOLS which are at their DISPOSAL to STOP these GROUP of PEOPLE and INSTITUTIONS who think they are above the law.


Conclusion:
This will help others understand how this will help many of you, which have also the same SITUATION as my Friend BARNEY IVANOVIC.
I have already Several account with FINCEN which one is for TESTING and the Other is for Production , as my Identification no i am using
my Social Security No, which i have.

But i will explain all the PROCEDURE till up where and how you can FILE your SARS personally to the FINCEN, and ONLINE receive Information
back of all your TRANSACTIONS and message you have forward to THEM.
Many of you think that its not a good IDEA to FILE and to open account. I know they have every transaction of us in their system, so
if i don't have nothing to HIDE who Cares. Just become a member and use it to your advantage.

Last edited by rwederfoort; 14-12-2012 at 05:47 PM.
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Old 14-12-2012, 06:11 PM   #2
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Default Bank secrecy act, anti-money laundering, and offic

BANK SECRECY ACT, ANTI-MONEY LAUNDERING, AND OFFICE OF FOREIGN ASSETS CONTROL

INTRODUCTION TO THE BANK SECRECY ACT

http://www.ffiec.gov/bsa_aml_infobas...BSA_Manual.pdf


The Financial Recordkeeping and Reporting of Currency and Foreign Transactions Act of 1970 (31 U.S.C. 5311 et seq.) is referred to as the Bank Secrecy Act (BSA). The purpose of the BSA is to require United States (U.S.) financial institutions to maintain appropriate records and file certain reports involving currency transactions and a financial institution’s customer relationships. Currency Transaction Reports (CTRs) and Suspicious Activity Reports (SARs) are the primary means used by banks to satisfy the requirements of the BSA. The recordkeeping regulations also include the requirement that a financial institution’s records be sufficient to enable transactions and activity in customer accounts to be reconstructed if necessary. In doing so, a paper and audit trail is maintained. These records and reports have a high degree
of usefulness in criminal, tax, or regulatory investigations or proceedings.


The BSA consists of two parts: Title I Financial Recordkeeping and Title II Reports of Currency and Foreign Transactions. Title I authorizes the Secretary of the Department of the Treasury (Treasury) to issue regulations, which require insured financial institutions to maintain certain records. Title II directed the Treasury to prescribe regulations governing the reporting of certain transactions by and through financial institutions in excess of $10,000 into, out of, and within the U.S. The Treasury’s implementing regulations under the BSA, issued within the provisions of 31 CFR Part 103, are included in the FDIC’s Rules and Regulations and on the FDIC website. The implementing regulations under the BSA were originally intended to aid investigations into an array of criminal activities, from income tax evasion to money laundering. In recent years, the reports and records prescribed by the BSA have also been utilized as tools for investigating individuals suspected of engaging in illegal drug and terrorist financing activities. Law enforcement agencies have found CTRs to be extremely valuable in tracking the huge amounts of cash generated by individuals and entities for illicit purposes. SARs, used by financial institutions to report identified or suspected illicit or unusual activities, are likewise extremely valuable to
law enforcement agencies.


Several acts and regulations expanding and strengthening the scope and enforcement of the BSA, anti-money laundering (AML) measures, and counter-terrorist financing measures have been signed into law and issued, respectively, over the past several decades. Several of these acts include:
• Money Laundering Control Act of 1986,
• Annuzio-Wylie Anti-Money Laundering Act of 1992,
• Money Laundering Suppression Act of 1994, and
• Money Laundering and Financial Crimes Strategy Act of 1998.

Most recently, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (more commonly known as the USA PATRIOT Act) was swiftly enacted by Congress in October 2001, primarily in response to the September 11, 2001 terrorist attacks on the U.S. The USA PATRIOT Act established a host of new measures to prevent, detect, and prosecute those involved in money laundering and terrorist financing.


FINANCIAL CRIMES ENFORCEMENT NETWORK REPORTING AND RECORDKEEPING REQUIREMENTS
Currency Transaction Reports and Exemptions

U.S. financial institutions must file a CTR, Financial Crimes Enforcement Network (FinCEN) Form 104 (formerly known as Internal Revenue Service [IRS] Form 4789), for each currency transaction over $10,000. A
currency transaction is any transaction involving the physical transfer of currency from one person to another and covers deposits, withdrawals, exchanges, or transfers of currency or other payments. Currency is defined as currency and coin of the U.S. or any other country as long as it is customarily accepted as money in the country of issue. Multiple currency transactions shall be treated as a single transaction if the financial institution has knowledge that
the transactions are by, or on behalf of, any person and result in either cash in or cash out totaling more than $10,000 during any one business day. Transactions at all branches of a financial institution should be aggregated
when determining reportable multiple transactions.

CTR Filing Requirements Customer and Transaction Information

All CTRs required by 31 CFR 103.22 of the Financial Recordkeeping and Reporting of Currency and Foreign

SOME OTHER FEATURES:

Currency and Banking Retrieval System
The Currency and Banking Retrieval System (CBRS) is a database of CTRs, SARs, and CTR Exemptions filed with the IRS. It is maintained at the IRS Detroit Computing Center. The SAS, as well as each Region’s SACM and
other designees, has on-line access to the CBRS. Refer to your Regional Office for a full listing of those individuals with access to the FinCEN database. Examiners should routinely receive volume and trend information on CTRs and SARs from their Regional SACM or other designees for each examination or visitation prior to the pre-planning process. In addition, the database information may be used to verify CTR, SAR and/or CTR Exemption filings. Detailed FinCEN database information may be used for expanded BSA reviews or in any unusual circumstances where examiners suspect certain forms have not been filed by the financial institution, or where suspicious activity by individuals has been detected. Examiners should provide all of the following items they have available for each search request:

• The name of the subject of the search (financial institution and/or individual/entity);
• The subject's nine-digit TIN/SSN (in Part III of the CTR form if seeking information on the financial institution and/or Part I of the CTR form if seeking information on the individual/entity); and
• The date range for which the information is requested. When requesting a download or listing of CTR and SAR information, examiners should take into consideration the volume of CTRs and SARs filed by the financial
institution under examination when determining the date range requested. Except under unusual circumstances, the date range for full listings should be no greater than one year. For financial institutions with a large volume of
records, three months or less may be more appropriate. Since variations in spellings of an individual’s name are possible, accuracy of the TIN/SSN is essential in ensuring accuracy of the information received from the FinCEN
database. To this end, examiners should also identify any situations where a financial institution is using more than one tax identification number to file their CTRs and/or SARs. To reduce the possibility of error in
communicating CTR and SAR information/verification requests, examiners are requested to e-mail or fax the request to their Regional SACM or other designee.

Other FinCEN Reports
Report of International Transportation of Currency or Monetary Instruments
Treasury regulation 31 CFR 103.23 requires the filing of FinCEN Form 105, formerly Form 4790, to comply with other Treasury regulations and U.S. Customs disclosure requirements involving physical transport, mailing or
shipping of currency or monetary instruments greater than $10,000 at one time out of or into the U.S. The report is to be completed by or on behalf of the person requesting the transfer of the funds and filed within 15 days. However,
financial institutions are not required to report these items if they are mailed or shipped through the postal service or by common carrier. Also excluded from reporting are those items that are shipped to or received from the
account of an established customer who maintains a deposit relationship with the bank, provided the item amounts are commensurate with the customary conduct of business of the customer concerned. In situations where the quantity, dollar volume, and frequency of the currency and/or monetary instruments are not commensurate with the customary conduct of the customer, financial institution management will need to conduct further documented research on the customer’s transactions and determine whether a SAR should be filed with FinCEN. Please refer to the discussion on “Customer Due Diligence” and “Suspicious Activity Reporting” within this chapter for detailed guidance.

Reports of Foreign Bank Accounts
Within 31 CFR 103.24, the Treasury requires each person who has a financial interest in or signature authority, or other authority over any financial accounts, including bank, securities, or other types of financial accounts,
maintained in a foreign country to report those relationships to the IRS annually if the aggregate value of the accounts exceeds $10,000 at any point during the calendar year. The report should be filed by June 30 of the
succeeding calendar year, using Form TD F 90-22.1 available on the FinCEN website. By definition, a foreign country includes all locations outside the United States, Guam, Puerto Rico, the Virgin Islands, the Northern
Mariana Islands, American Samoa, and Trust Territory of the Pacific Islands. U.S. military banking facilities are excluded. Foreign assets including securities issued by foreign corporations that are held directly by a U.S.
person, or through an account maintained with a U.S. office of a bank or other institution are not subject to the BSA foreign account reporting requirements. The bank is also not required to report international interbank transfer
accounts (“nostro accounts”) held by domestic banks. Also excluded are accounts held in a foreign financial institution in the name of, or on behalf of, a particular customer of the financial institution, or that are used solely
for the transactions of a particular customer. Finally, an officer or employee of a federally-insured depository institution branch, or agency office within the U.S. of a foreign bank that is subject to the supervision of a Federal
bank regulatory agency need not report that he or she has signature or other authority over a foreign bank, securities or other financial account maintained by such entities unless he or she has a personal financial interest in the
account.
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Old 14-12-2012, 06:44 PM   #3
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Default FINCEN Application Information

These are LINKS are used to access the
TEST BSA E_FILING SYSTEM which I use for TESTING of the FORMS. Like the SAR= Suspicious Activity Report

USER TEST SYSTEM.
Link: http://sdtmut.fincen.treas.gov/main.html
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Old 14-12-2012, 09:06 PM   #4
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Default Suspicious Activity Report (SAR) Program

Suspicious Activity Report (SAR) Program

Background
This page provides a link that allows banks and other filers prepare and file Suspicious Activity Reports (SAR). Under 12 CFR 21.11, national banks are required to report known or suspected criminal offenses, at specified thresholds, or transactions over $5,000 that they suspect involve money laundering or violate the Bank Secrecy Act. Similar regulations by other regulators apply to other financial institutions.
To make that report, the filing institution prepares a SAR, which it files with the Financial Crimes Enforcement Network (FinCEN) of the Department of the Treasury through the IRS Detroit Computing Center. The reports are then made available electronically to appropriate law enforcement agencies.

Filing
FinCEN has made copies of the forms available for download in Adobe Acrobat portable document format (PDF). The Acrobat viewer is available free from Adobe in versions for different platforms. A financial institution is required to file a suspicious activity report no later than 30 calendar days after the date of initial detection of facts that may constitute a basis for filing a suspicious activity report. If no suspect was identified on the date of detection of the incident requiring the filing, a financial institution may delay filing a suspicious activity report for an additional 30 calendar days to identify a suspect. In no case shall reporting be delayed more than 60 calendar days after the date of initial detection of a reportable transaction.
Send each completed suspicious activity report to:

Detroit Computing Center
Attn: SAR
P.O. Box 33980
Detroit, Ml 48232-0980




Suspicious activity report
In United States financial regulation, a suspicious activity report (or SAR) is a report made by a financial institution to the Financial Crimes Enforcement Network (FinCEN), an agency of the United States Department of the Treasury, regarding suspicious or potentially suspicious activity.

Reporting

SARs include detailed information about transactions that are or appear to be suspicious. The goal of SAR filings is to help the Federal government identify individuals, groups and organizations involved in fraud, terrorist financing, money laundering, and other crimes.

The purpose of a suspicious activity report is to report known or suspected violations of law or suspicious activity observed by financial institutions subject to the regulations of the Bank Secrecy Act (BSA). In many instances, SARs have been instrumental in enabling law enforcement to initiate or supplement major money laundering or terrorist financing investigations and other criminal cases.[citation needed] Information provided in SAR forms also presents FinCEN with a method of identifying emerging trends and patterns associated with financial crimes. The information about those trends and patterns is vital to law enforcement agencies and provides valuable feedback to financial institutions.[citation needed]
FinCEN requires a SAR to be filed by a financial institution when the financial institution suspects insider abuse by an employee; violations of law aggregating over $5,000 where a subject can be identified;[clarification needed] violations of law aggregating over $25,000 regardless of a potential subject; transactions aggregating $5,000 or more that involve potential money laundering or violations of the Bank Secrecy Act; computer intrusion; or when a financial institution knows that a customer is operating as an unlicensed money services business.

Each SAR must be filed within 30 days of the initial determination for the necessity of filing the report. An extension of 30 days can be obtained if the identity of the person conducting the suspicious activity is not known; however, at no time should an SAR be delayed longer than 60 days. The Bank Secrecy Act specifies that each firm must maintain SARs for a period of five years from the date of filing.


SAR filing options

An institution can currently file SARs through the mail (paper forms are Adobe Acrobat screen fillable), however, effective July 1, 2012 all SAR Reports must be filed through FinCEN's BSA E-filing System.[3]
A SAR has five sections each containing information about the filing institution or the activity in question:
Part I
The filing institution's name, address, tax ID number, location of the activity and any account numbers involved with the suspicious activity.
Part II
Any name, address, social security or tax ID's, birth date, drivers license numbers, passport numbers, occupation and phone numbers of all parties involved with the activity.
Part III
The date range of the activity, total dollar amount and a list of any law enforcement agency that has been contacted while investigating the activity.
Part IV
Usually[clarification needed] contains the contact information for the financial institution's compliance officer or equivalent.
Part V
A written description of the activity.


US DEPARTMENT OF THE TREASURY
WEBINAIR

http://treas.yorkcast.com/webcast/Vi...b45c9ac312191d
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Old 14-12-2012, 09:13 PM   #5
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Default How to file a sar

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Old 14-12-2012, 09:20 PM   #6
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Default Filing the SAR WebNAIR

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Old 14-12-2012, 09:25 PM   #7
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Default Webinair for filling SAR

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Old 14-12-2012, 09:31 PM   #8
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Default WEBNAIR of SAR

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Old 14-12-2012, 09:36 PM   #9
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Default WEBNAIR of SAR

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Old 14-12-2012, 09:42 PM   #10
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Default WEBNAIR of SAR

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Old 14-12-2012, 09:46 PM   #11
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Default WEBNAIR of SAR

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Old 14-12-2012, 11:01 PM   #12
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Default

FINCEN - Please need HELP to FILE Several SARS for FOREIGN BANKS.

Dears Sirs,

The reason for addressing this Email is as follows. My name is Ronald Wederfoort and I am situated on the ISLAND of Curacao. I am a FINCEN Application consultant, And understand the CONCERN of Filing CTR's
Doep's, and SARS by these FINANCIAL and Other Institutions on the ISLAND and in the Caribbean areas.

I have gone threw many situation with these BANKS, and organization while trying to IMPLEMENT or Introduce these new FINCEN requirement. I my self have got in some situation with these Corrupted Banks, and some Financial Institutions. Many of them are in EN LEGAL activities as money laundering
and also Terrorist acts against investors and other foreign people who wants to do their Business in curacao.

Barney Ivanovic is one of those investor which has gone threw one of those situation on the ISLAND. We have been trying to resolve this case peaceful, by Emailing the government and the parties which knows about this case. We have all the cases and the documents on the INTERNET Available.
CASE info :
Plaza Hotel Curacao - Crime Case.
http://www.davidicke.com/forum/showthread.php?t=229583
Curacao Corruption info for INVESTORS
http://www.davidicke.com/forum/showthread.php?t=229708
Dennis Benschop Curacao Awareness
http://www.davidicke.com/forum/showthread.php?t=230131

And BARNEY is not the ONLY Person who has been going threw these Situation there are many PEOPLE which also have BEEN experiencing this CORRUPTED banks on the ISLAND which think they are above the law.

I as a US IMMIGRANT and I am having many problems emailing Barney who left last week to Florida , to see what he could accomplish in FLORIDA. But I have informed the IC3 CIA Group of these PROBLEMS, which we are experiencing that OUR email are not getting their destination.

Know you Rights as Curacao Citizen
http://www.davidicke.com/forum/showthread.php?t=230224

As i was going to email this MAIL, BARNEY called informed me that the MAIL are know arriving so it did help to inform the IC3 - CIA department. So this issue about hijacking my mails are resolve.


Thank you for Helping us addressing These ISSUES which we think is very IMPORTANT to CONTROL these GROUPS which think they are above the LAW.
Can some one Contact us PERSONALLY or assign us a person who can help us, or we can CONTACT.



Sincerely

Ronald Wederfoort
IT Business Consultant
5999 5156118
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Old 04-01-2013, 06:23 PM   #13
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Default REMARKS of JAMES H. FREIS, JR. FINCEN DIRECTOR



















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Old 04-01-2013, 06:29 PM   #14
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Default REMARKS OF JAMES H. FREIS, JR FINCEN Director














PAGE 14, About CURACAO
Another example of a successful international cooperative effort is the announcement by the U.S. Department of Justice last week of the criminal conviction of the notorious international illicit arms dealer Viktor Bout. He was arrested in Thailand, extradited to the United States for trial, recently found guilty of conspiring to sell millions of dollars worth of weapons to the Fuerzas Armadas Revolucionarias de Colombia (FARC) – a
designated foreign terrorist organization based in Colombia – to be used to kill
Americans in Colombia. As stated in the press release, ―The case [which was tried in New York] was investigated by the DEA, with assistance from the Royal Thai Police; the Romanian National Police; the Romanian Prosecutor’s Office Attached to the High Court of Cassation and Justice; the Korps Politie Curacao of the Netherlands Antilles; and the Danish National Police Security Services.‖ 25
24 See http://www.austrac.gov.au/files/typ_rpt11_full.pdf
25 See U.S. Department of Justice, Press Release, ―International Arms Dealer Viktor Bout Convicted in New York of Terrorism Crimes‖ (November 2, 2011), http://www.justice.gov/opa/pr/2011/November/11-
ag-1442.html


LINK:
http://www.fincen.gov/news_room/speech/pdf/20111110.pdf
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Old 04-01-2013, 06:57 PM   #15
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Default The eGmount Group of Financial Intelligence Units

http://www.egmontgroup.org/

About the Egmont Group
Recognizing the benefits inherent in the development of a network, in 1995 a group of Financial Intelligence Units (FIUs) met at the Egmont Arenberg Palace in Brussels and decided to establish an informal group whose goal would be to facilitate international cooperation. Now known as the Egmont Group, these FIUs meet regularly to find ways to cooperate, especially in the areas of information exchange, training and the sharing of expertise.

Membership
Any Financial Intelligence Unit which considers itself to comply with the criteria of the Egmont Group of being a central, national agency responsible for receiving, (and as permitted, requesting), analysing and disseminating to the competent authorities, disclosures of financial information, is eligible to apply to become an Egmont member FIU.

LIST of MEMBERS:
http://www.egmontgroup.org/about/list-of-members



INTERNATIONAL ORGANIZATIONS
Asia/Pacific Group on Money Laundering (APG)
http://www.apgml.org/

Basel Committee on Banking Supervision
http://www.bis.org/bcbs/

Basel Institute on Governance - International Centre for Asset Recovery (ICAR)
http://www.baselgovernance.org/icar

Camden Asset Recovery Interagency Network (CARIN)
http://www.assetrecovery.org/kc/node...f1120cbf9dd3.3

Caribbean Financial Action Task Force on Money Laundering (CFATF)
http://breakthrufundraising.com/ezzi.html

Comisión Interamericana para el Control del Abuso de Drogas (CICAD-OAS)
http://www.cicad.oas.org/Main/default_ENG.asp

Commonwealth Secretariat

Council of Europe
http://hub.coe.int/

Council of Europe Select Committee of Experts on the Evaluation of Anti-
Money Laundering Measures (MONEYVAL)
http://www.coe.int/t/dghl/monitoring/moneyval/

Eastern and Southern Africa Anti-Money Laundering Group (ESAAMLG)
http://www.esaamlg.org/

Eurasian Group on Combating Money Laundering and Financing Terrorism (EAG)
http://www.eurasiangroup.org/

European Union
http://europa.eu/

Financial Action Task Force of South America (GAFISUD)
http://www.gafisud.org/

Financial Action Task Force on Money Laundering (FATF)
http://www.fatf-gafi.org/

Financial Intelligence Unit Net Bureau (FIU.NET Bureau)
http://www.fiu.net/

Global Organization of Parliamentarians Against Corruption (GOPAC)

Groupe Intergouvernemental d'Action Contre Le Blanchiment En Afrique (GIABA)
http://www.giaba.org/

International Association of Insurance Supervisors (IAIS)
International Bar Association
International Monetary Fund
http://www.imf.org/external/index.htm

International Money Laundering Information Network (IMoLIN)
http://www.imolin.org/

Interpol - International Criminal Police Organisation
http://www.interpol.com/

International Organization of Supreme Audit Institutions (INTOSAI)
International Organization of Securities Commissions (IOSCO)
Middle East & North Africa Financial Action Task Force (MENAFATF)
Offshore Group of Banking Supervisors (OGBS)
Organisation for Economic Co-operation and Development (OECD)

UN 1267 Committee
http://www.un.org/sc/committees/1267/

United Nations Global Programme against Money Laundering
http://www.imolin.org/

United Nations International Drug Control Programme
http://www.unodc.org/

United Nations Counter-Terrorism Committee Executive Directorate (CTED)
http://www.un.org/en/sc/ctc/

Wolfsberg Group
http://www.wolfsberg-principles.com/

World Bank
http://www.worldbank.org/

World Bank - AML/CFT
worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTFINANCIALSECTOR/0,,contentMDK:22176523~menuPK:6110545~pagePK:21005 8~piPK:210062~theSitePK:282885,00.html

World Customs Organization (WCO)
http://www.wcoomd.org/
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Old 04-01-2013, 07:53 PM   #16
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Default Strategy to COMBAT Transnational Organized Crime

http://www.whitehouse.gov/sites/defa..._July_2011.pdf

Strategy to COMBAT Transnational Organized Crime

Addressing Converging
Threats to National Security

I have added some of the PAGES:













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Old 05-01-2013, 01:15 PM   #17
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Default FILE your CTR, SAR, and DOEP to avoid SEIZING

FILE your CTR, SAR, and DOEP to avoid SEIZING and BLOCKING of your MONEY and ASSETS by NSA-FINCEN.

Morning Brothers and Sisters,

Today we have a very interesting topic, because it has to do with your MONEY, and Assets which we all have, and don't want to LOOSE.

As a Consultant Brother i am trying my best to help all of you with my KNOWLEDGE and experience to prepare your all you that these unexpected situations not happen to none of you.

During the months of March till July 2012 I did advise many of you that you needed to FILE CTR, DOEP, and SARS for transactions higher then 10.000 Dollars by all of you.

Many of you thought it is a game, or nothing is going to happen to your Money and Assets, if you don't Comply with the new Rules which are in place by FINCEN, NSA, and United NATIONS.

Our Government which has signed with UNITED NATIONS (12/12/12), don't have the man Power to analyse all the areas which will be affected by this DECISION they have made. There are many of you THINK your MONEY
is SAVE, but is not any more, so you need to Comply with the UN their RULES. Yes even the BANKS, LAWYERS, NOTARIES, and GOVERNMENTS agencies every one needs to FILE CTR, DOEP SAR did you all knew that.

SAR=Suspicious Activity Report CTR=Currency Transaction Report DOEP=Designation of Exception Persons

DID YOU KNOW?
DID you know that all the TRANSACTIONS for many YEARS are in their SYSTEMS?
DID you know that all the TELECOM companies funneled the Information to them?
DID you know that all the equipment and SOFTWARE you use in your OFFICES and HOME is being used
to record and collect all your activities and pass it threw to the TELEPHONE carriers to be given to the NSA.
Example like (CISCO-HP-MICROSOFT and many of them).
DID you know that all TELEPHONE conversations and DATA Trafficking is monitored daily and recorded.
DID you know that every AIPRORT of PORT you ENTER you are being scanned for MONEY and GOLD, and JEWELRY.
DID you know the DOLLAR BILL has a RFID Strip code so they can track the MONEY where it GOES.


The ONLY thing they don't have is the PERSONAL information linked to the TRANSACTION data, which they have collected in those many years. But every things is already CROSS LINKED to the other accounts, they know
what you did and who you did it with. So why HIDE?

THE SYSTEM IS CALLED FOLLOW THE MONEY TRAIL.

So the SOLUTION is to FILE, if you FILE with using their SYSTEM they will not TAKE your MONEY and ASSET. Also if you are TRAVELLING with LARGE Quantity of MONEY if you don't file a CTR105 FORM they will SEIZE your Money, because they already know how much you have, because their ADVANCED SCANNERS in strategic places.

Same at the INTERNATIONAL AIRPORT they installed SCANNER which scan for MONEY, JEWELRY, and GOLD, and not EXPLOSIVE, as they were saying and this information is also being recorded in their SYSTEMS. DID know that many of you SEND things threw CONTAINERS shipments and think they don't know?
HOW do you think they found the GOLD BARS, which were stolen do you remember that CASE.

DID you know we have ships parked in our HARBOR to scan every BOAT which goes in and OUT, because they don't trust those people which are using our LOCAL Scanners which are used to SCAN containers entering, and leaving
our Harbors.

Fincen Crime Enforcement Network Forum.
http://www.davidicke.com/forum/showthread.php?t=230414

I will be constantly updating this LINK with some of the INFORMATION and some of the cases which it happen on Curacao and other Islands in the Caribbean.

I was thinking by grouping some professionals together to do some more investigation, and providing the result information to every one so we can avoid this to happen to any of our brothers and sisters on the island or other areas in the Caribbean.

I am not writing this Information to put FEAR or to tell a NEGATIVE situation or to believe in me. Don't believe me try to do your HOME work, and find out the TRUTH your self, or if you need help I am willing to help or provide more information.

THE FIU like MOT, which was were under many other organizations like Egmont Group and many others are not valid any more because of to many Corruption activity by these groups them self's. So FINCEN came with the STATE of the ART system called BSA E- FILING SYSTEM. Which every one can FILE the transaction them self or find a company who would provide this SERVICES for those who needs it.

THE MAIN PROBLEM we can face in this section of:

Strategy to COMBAT Transnational organized Crimes.
You can read all the Inf
There is a POINT which is very serious:

A New Executive order:
will establish a sanction program to BLOCK the property of and prohibit transactions with significant transnational criminal networks that threaten national security, foreign Policy, or economic interest.

NEW REWARDS PROGRAM:
Will replicated the success of Narcotics rewards programs in obtaining information that leads to the arrest and conviction of the leaders of transnational criminal organizations that pose the greatest threats to national Security.

The REWARD part is very IMPORTANT because there are PEOPLE who will tell LIES to gain PROFIT,
Like BANKS,Governments agencies and many other FINANCIAL Institutions.

So my Brothers and Sisters i hope i have helped all you again, its my TIME to start my Business and PROJECTS, if you have any Questions or need help feel free to CALL or EMAIL.

Sincerely

Ronald Wederfoort
IT Business Consultant
5999 515 6118

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Old 05-01-2013, 05:45 PM   #18
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Default FINCEN FORM 105 explained by Ronald Wederfoort

REPORT OF INTERNATIONAL TRANSPORTATION OF CURRENCY OR MONETARY
INSTRUMENTS.


FINCEN FORM 105.

http://www.fincen.gov/forms/files/fin105_cmir.pdf

To be filed with the Bureau of Customs and Border Protection






WHO MUST FILE:
(1) Each person who physically transports, mails, or ships, or causes to be physically transported, mailed, or shipped currency or other monetary instruments in an aggregate amount exceeding $10,000 at one time from the United States to any place outside the United States or into the United States from any place outside the United States, and
(2) Each person who receives in the United States currency or other monetary instruments In an aggregate amount exceeding $10,000 at one time which have been transported, mailed, or shipped to the person from any place outside the United States.

A TRANSFER OF FUNDS THROUGH NORMAL BANKING PROCEDURES, WHICH
DOES NOT INVOLVE THE PHYSICAL TRANSPORTATION OF CURRENCY OR
MONETARY INSTRUMENTS, IS NOT REQUIRED TO BE REPORTED.

Exceptions: Reports are not required to be filed by:
(1) a Federal Reserve bank,
(2) a bank, a foreign bank, or a broker or dealer in securities in respect to currency or other monetary instruments mailed or shipped through the postal service or by common carrier,
(3) a commercial bank or trust company organized under the laws of any State or of the United States with respect to overland shipments of currency or monetary instruments shipped to or received from an established customer maintaining a deposit relationship with the bank, in amounts which the bank may reasonably conclude do not exceed amounts commensurate with the customary conduct of the business, industry, or profession of the customer concerned,
(4) a person who is not a citizen or resident of the United States in respect to currency or other monetary instruments mailed or shipped from abroad to a bank or broker or dealer in securities through the postal service or by common carrier,
(5) a common carrier of passengers in respect to currency or other monetary
instruments in the possession of its passengers,
(6) a common carrier of goods in respect to shipments of currency or monetary instruments not declared to be such by the shipper,
(7) a travelers’ check issuer or its agent in respect to the transportation of travelers’ checks prior to their delivery to selling agents for eventual sale to the public,
(8) a person with a restrictively endorsed traveler’s check that is in the collection and reconciliation process after the traveler’s check has been negotiated, nor by
(9) a person engaged as a business in the transportation of currency, monetary instruments and other commercial papers with respect to the transportation of currency or other monetary instruments overland between
established offices of banks or brokers or dealers in securities and foreign persons.

WHEN AND WHERE TO FILE:
A. Recipients—Each person who receives currency or other monetary instruments in the United States shall file FinCEN Form 105, within 15 days after receipt of the currency or monetary instruments, with the Customs officer in charge at any port of entry or departure or by mail with the Commissioner of Customs, Attention: Currency Transportation
Reports, Washington DC 20229.

B. Shippers or Mailers—lf the currency or other monetary instrument does not accompany the person entering or departing the United States, FinCEN Form 105 may be filed by mail on or before the date of entry, departure, mailing, or shipping with the Commissioner of Customs, Attention: Currency Transportation Reports, Washington DC 20229.

C. Travelers—Travelers carrying currency or other monetary instruments with them shall file FinCEN Form 105 at the time of entry into the United States or at the time of departure from the United States with the Customs officer in charge at any Customs port of entry or departure. An additional report of a particular transportation, mailing, or shipping of currency or the monetary instruments is not required if a complete and truthful report has already
been filed. However, no person otherwise required to file a report shall be excused from liability for failure to do so if, in fact, a complete and truthful report has not been filed. Forms may be obtained from any Bureau of Customs and Border Protection office.

PENALTIES: Civil and criminal penalties, including under certain circumstances a fine of not more than $500,000 and Imprisonment of not more than ten years, are provided for failure to file a report, filing a report containing a material omission or misstatement, or filing a false or fraudulent report. In addition, the currency or monetary instrument may be subject to seizure and forfeiture. See 31 U.S.C.5321 and 31 CFR 103.57; 31 U.S.C. 5322 and 31 CFR 103.59; 31 U.S.C. 5317 and 31 CFR 103.58, and U.S.C. 5332.



FORUMS;
http://www.bankersonline.com/forum/ubbthreads.php ubb=showflat&Number=850542


Conlusion of this SUBJECT is as follows;

THE QUESTION is why, does no ONE, knows what is going on with this Document, I have called many FINANCIAL institutions, and no body knows what to do, I have called the US COUNCIL, and they also don't know about
this DOCUMENT. I even called the TRAVEL Agencies and they also dont know about this Document and its Purpose.

So i came to the conclusion that GOVERNMENT does know the TRUTH, but is keeping it a SECRET from the PUBLIC.

Because I believe that all the INTERNATIONAL AIRPORTS, or Places where you have International people Boarding they have SCANNERS which Scan for GOLD, JEWELRY, and MONEY. So if you don't FILE a FINCEN FORM 105 they
can them SEIZE your GOODS from you.


Sample Customs Declaration Form
http://www.cbp.gov/xp/cgov/travel/va...ation_form.xml



13. Mark an X in the Yes or No box. Are you or any family members traveling with you bringing $10,000 or more in U.S. dollars or foreign equivalent in any form into the United States?


IF YOU have MARKET this BOX which is 13, You need to FILL in ALSO a FINCEN FORM 105, or you will LOOSE all your VALUES.

THE QUESTION why do you need to FILL a FINCEN form 105, is because they know what you have on you, because these SCANNERS will estimated the VALUE of all the things you have on YOU.

Ron Paul to TSA: Enough is Enough!

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Old 05-01-2013, 07:43 PM   #19
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Default U.S. Customs and Border Protection

U.S. Customs and Border Protection

https://help.cbp.gov/app/answers/det...y,-checks,-etc.

Currency / Monetary Instruments - Duty on money, checks, etc.

Do I have to pay duty on monetary instruments, currency, checks, etc?


Customs and Border Protection (CBP) does not collect duty on currency. However, travelers leaving or entering the U.S. are required to report negotiable monetary instruments (i.e. currency or endorsed checks) valued at $10,000 or more on a "Report of International Transportation of Currency or Monetary Instruments" form FinCEN 105.

You can obtain the form in advance and download it from here FinCEN 105, or a CBP Officer can give it to you upon your departure or return to the U.S.

Failure to declare currency in amounts of over $10,000 can result in its seizure.

Information on the FinCEN 105 is provided to the Internal Revenue Service (IRS), and they determine whether or not the importation of monies constitutes income subject to taxation.

The requirement to import currency on a FinCEN 105 does not apply to imports of gold bullion.


How much currency / money / monetary instruments can I bring into the U.S.?


There is no limit on the amount of money that can be taken out of or brought into the United States. However, if a person or persons traveling together and filing a joint declaration (CBP Form 6059-B) have $10,000 or more in currency or negotiable monetary instruments, they must fill out a "Report of International Transportation of Currency and Monetary Instruments" FinCEN 105 (former CF 4790).

If assistance is required, a Customs and Border Protection (CBP) Officer can help with filling out the form.

Please be aware, if persons/family members traveling together have $10,000 or more, they cannot divide the currency between each other to avoid declaring the currency.

For example, if one person is carrying $5,000 and the other has $6,000, they have a total of $11, 000 in their possession and must report it on a FinCEN 105. If a person or family fails to declare their monetary instruments in amounts of over $10,000, their monetary instrument(s) may be subject to forfeiture and could result to civil and criminal penalties.

The FinCEN 105 can be obtained prior to traveling or when going through CBP.


Declaring currency when entering the U.S. in-transit to a foreign destination

Do I have to declare currency when entering the U.S. in-transit to a foreign destination?

When entering the U.S. in-transit to a foreign destination, you will be required to clear U.S. Customs Border Protection (CBP) and Immigration and Customs Enforcement. If you have "negotiable monetary instruments" (i.e. currency, personal checks (endorsed), travelers checks, gold coins, securities or stocks in bearer form) valued at $10,000 or more in your possession a "Report of International Transportation of Currency or Monetary Instruments" form FinCEN 105 must be submitted to a CBP Officer upon your entry into the United States.

Monetary instruments that are made payable to a named person but are not endorsed or which bear restrictive endorsements are not subject to reporting requirements, nor are credit cards with credit lines of over $10,000. Gold bullion is not a monetary instrument for purposes of this requirement. The requirement to report monetary instruments on a FinCEN 105 does not apply to imports of gold bullion.

Failure to declare monetary instruments in amounts of or over $10,000 can result in its seizure.

You can obtain the form in advance and download it from here FinCEN 105, or a CBP Officer can give it to you.


Help! U.S. Customs Took My Money at the Airport

You may legally carry or mail any amount of money you want into or out of the United States, but if it is more than $10,000 at one time, you better first report it to U.S. Customs and Border Protection. Otherwise, you risk U.S. Customs taking it from you, and never getting it back. Why? Because your failure to report the international transportation of money is a violation of the Currency and Foreign Transaction Reporting Act.
All too often, I am contacted by a distraught American ciitizen or resident returning from a trip overseas, or a foreign visitor to the United States, who was unaware of the laws regarding currency reporting. The person was asked by a U.S. Customs officer upon arrival at the international airport if he or she was carrying over $10,000. When the passenger honestly answer "yes", or the U.S. Customs officer believes the passenger may be lying about the amount of money being transported, the passenger and his or her luggage are examined. If over $10,000 in monetary instruments, including travelers checks and U.S. or foreign money, is discovered, and the required form, FINCEN Form 105, has not been filed with U.S. Customs, all of the money is likely to be seized on the spot by U.S. Customs.
A formal Seizure Notice will eventualy be issued by U.S. Customs to the passenger, and the passenger may hire a customs attorney to pursue the administrative petition process to get the money (or most of it) back. Proof of the legitimate source of the money and proof of the legitimate intended use of the money are required in communicating with Customs. Eventually, after several months, Customs may return typically 90% of the money.
It is an expensive mistake to not report to U.S. Customs when either carrying, mailing, or receiving over $10,000 internationally. Please read U.S. Customs and Border Protection's "Currrency Reporting" flyer and look at the FINCEN Form 105 and its instructions before attempting to transport over $10,000. There are no customs duties, taxes or other fees paid to U.S. Customs for the international transportation of the money; it is merely a reporting requirement to U.S. Customs.



Kevin DC - February 7, 2010 9:12 AM
Your article implies that when the traveler answers “Yes” to the Inspector’s oral question, that the money will be seized if the FincCEn form 105, Currency and Monetary Instrument Report (CMIR), has not been completed. That’s not a likely outcome. In order for the money to be seized, there has to be evidence that the person had knowledge of the reporting requirement and knowingly failed to report it. Here’s how that works, before a passenger arrives at an airport, they are provided a Customs declaration to complete, that form includes a question about transporting more than $10K in cash or monetary instruments. If the person answers yes, they are flagged for secondary inspection where they are provided the CMIR to complete. Upon completion, the inspector may choose to verify the funds. If the form was completed accurately and truthfully the form is accepted and the traveler is free to depart—with all his money. However, lets say that the traveler indicates on the form that he is in possession of USD $10,001 but upon verification the Inspector discovers $25,000, then all the money will be seized and the traveler will have to petition CBP for the return of the money—a mitigated penalty is the likely outcome of such a scenario, not total forfeiture.
Another likely scenario, would be the passenger initially completing the Customs Declaration by answering “No” to the question, if he is asked by the Inspector if he has over $10, 000 and subsequently answers “yes” he will be allowed to complete the CMIR form and will not have his money seized—although a thorough secondary exam will likely ensue.
If the traveler answers “No” on the written declaration and orally to the inspector, then seizure is assured. Also, a likely visit by an ICE agent and possible criminal charges if a connection to other criminal activity is suspected. If no criminal charges, a mitigated penalty is still the likely outcome.

Mike - August 21, 2012 9:12 AM
The 10.000$ reporting limit applies to each person separately. My wife and I will be going to the USA in september , and will be carrying about $17.000 in total: certainly below the $10.000 limit, if that is the limit for each person counted separately. Does that need reporting, please,for I just want to be certain? Thank you
Answer: Families can report together, you'd file one FinCen Form and report the 17k total.

Jennifer Diaz - 305-724-3281
Ihu - August 21, 2012 7:46 PM

Hi,
I came in as a visitor because I always do business in US. I had $10,207 which I declared when leaving the United State but I forgot $500 which I usually put in a small purse for emergency purposes. Honestly it skipped my mind or I would have declared it because I did declare the whole amount and another $500 would not have made a difference. CBP searched me, found that out. They returned my money and I paid a fine. Now I am being denied visa at the consulate based on the incident. What to do. I have goods that are still in US that I need to come in and prepare for shipment and also need to come in and purchase some other goods for my business. Please advice.

Asad - September 2, 2012 1:35 AM
I am a UN volunteer.I work With UN peace keeping mission in Haiti.
It will be my first time to go back on vacations. From Haiti I have a transit flight through JFK-New York to Doha, Qatar.
Question: Should I declare my Monthly allowances which I may be taking back home around 15000 US dollars?
Thanks in advance
Answer: Always earnestly declare all currency you are traveling with back into the U.S. It is to your benefit to be able to easily discuss and prove the legitimate source and intended use of the funds.


Sara Falahati - September 27, 2012 2:57 PM

Dear Sir/Madam,
I am a US citizen who was born in the U.S and just been living in the United States for the years 2003 to 2005 as a student.
On September 25, 2012 when I came back to the US with my family after a long journey of 20 hours, I was asked to declare how much money I had with me at the customs, so as roughly remembered and already stipulated on the form I said $30,000.
Then he started searching our entire luggage and saw my jewelry out of which some were gold coins. He counted them and said it is illegal to carry gold coins in to the US according to the law and said that there are two options for you, either to be seized by the police or abandon all your gold coins for the government. He explained that under no circumstances they will be handed to me even if I hire an attorney.
Now I am feeling totally depressed and emotionally hurt to see that all gift gold coins which I have received by my beloved parents, friends and my husband’s family on different occasions as my wedding ceremony, my birthdays, and my son’s birthday have been taken away from me just at the time of my arrival to the US.
Now I would like to know if there is chance of getting our gold coins back and how?
Your time and attention is of my great appreciation.
Sincerely yours,
Sara Falahati

http://www.customsandinternationaltr...t-the-airport/

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Old 05-01-2013, 11:10 PM   #20
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Default INCSR 2012 Volume II Money Laundering and Financia

INCSR 2012 Volume II Money Laundering and Financial Crimes

United States Department of State
Bureau for International Narcotics and Law
Enforcement Affairs

International Narcotics Control Strategy Report

Money Laundering and Financial Crimes

LINK
http://www.state.gov/documents/organization/184329.pdf

Curacao
In late 2010, Curacao became a new autonomous country within the Kingdom of the Netherlands. Curacao enjoys a high degree of autonomy on most internal matters but defers to the Kingdom of the Netherlands (KON) in matters of defense, foreign policy, final judicial review, human rights, and good governance. Curacao is a regional financial center and a transshipment point for drugs from South America bound for the United States and Europe. Money laundering is primarily related to proceeds from illegal narcotics. Money laundering organizations can take advantage of banking secrecy and use offshore banking and incorporation systems, economic zone areas, and resort/casino complexes to place, layer and launder drug proceeds. Another possible area of money laundering activity may be through wire transfers between the island and the Netherlands. Bulk cash smuggling is a continuing problem due to the close proximity of Curacao to South America.
Curacao has two free economic zones. It is not known to what extent ―contrabanding‖ (using bulk cash to buy actual products which are shipped to South America and sold, thus legitimizing the profits) occurs. The worldwide financial recession has significantly slowed the economic activities of the zones. Curacao has an active ―e-zone‖ which provides potential e-commerce investors a variety of tax saving opportunities and could be vulnerable to illegal activities.

Curacao‘s offshore financial sector consists of trust service companies providing financial and administrative services to an international clientele, including offshore companies, mutual funds, and international finance companies. The extent of this sector is not clear, but it has declined in scale due to the worldwide financial crisis. Banking regulations require international banks to have a physical presence and maintain records on the island. Bearer shares of international companies must be kept in custody and onshore companies are not allowed to have bearer shares. Several casinos and Internet gaming companies operate.

DO FINANCIAL INSTITUTIONS ENGAGE IN CURRENCY TRANSACTIONS RELATED TO INTERNATIONAL NARCOTICS TRAFFICKING THAT INCLUDE SIGNIFICANT AMOUNTS OF US CURRENCY; CURRENCY DERIVED FROM ILLEGAL SALES IN THE U.S.; OR THAT OTHERWISE SIGNIFICANTLY AFFECT THE U.S.: NO

CRIMINALIZATION OF MONEY LAUNDERING:

“All serious crimes” approach or “list” approach to predicate crimes: All serious crimes Legal persons covered: criminally: YES civilly: YES

KNOW-YOUR-CUSTOMER (KYC) RULES:
Enhanced due diligence procedures for PEPs: Foreign: YES Domestic: YES

KYC covered entities: Onshore and offshore banks, saving banks, money remitters, credit card companies, credit unions, life insurance companies and brokers, trust companies and other service providers, casinos, customs, lawyers, notaries, accountants, tax advisors, jewelers, car dealers, real estate agents, administration offices, tax advisors, lawyers, and accountants

SUSPICIOUS TRANSACTION REPORTING (STR) REQUIREMENTS:

Number of STRs received and time frame: Not available
Number of CTRs received and time frame: Not available

STR covered entities: Local and international banks, saving banks, money remitters, credit card companies, credit unions, life insurance companies, insurance brokers, company and other service providers , casinos, customs, lawyers, notaries, accountants, tax advisors, jewelers, car dealers, real estate agents, administration offices, and other tax, legal, and accountancy experts

MONEY LAUNDERING CRIMINAL PROSECUTIONS/CONVICTIONS:
Prosecutions: 24 - January - May 2010
Convictions: 23 - January - May 2010
RECORDS EXCHANGE MECHANISM:

With U.S.: MLAT: YES Other mechanism: YES
With other governments/jurisdictions: YES

Curacao is a member of the Caribbean Financial Action Task Force, (CFATF), a Financial Action Task Force-style regional body. The first AML/CFT evaluation of Curacao occurred in August/September of 2011. Once adopted, the mutual evaluation report will be found here: http://www.cfatf-gafic.org/mutual-ev...n-reports.html

ENFORCEMENT AND IMPLEMENTATION ISSUES AND COMMENTS:

A new penal code was passed by parliament and was to be published on November 15, 2011. Terrorism financing is now specifically criminalized and legal persons are subject to criminal and administrative penalties.
Curacao should ensure that it continues its regulation and supervision of the offshore sector and free trade zones, as well as pursuing money laundering investigations and prosecutions. Curacao should work to fully develop its capacity to investigate and prosecute money laundering and terrorist financing cases.

The Mutual Legal Assistance Treaty between the KON and the U.S. applies to Curacao; however, the treaty is not applicable to requests for assistance relating to fiscal offenses addressed to the Netherlands Antilles.
Curacao is part of the Kingdom of the Netherlands and cannot sign or ratify international conventions in its own right. Rather, the Netherlands may arrange for the ratification of any convention to be extended to Curacao. The 1988 Drug Convention was extended to Curacao in 1999. The International Convention for the Suppression of the Financing of Terrorism was extended to the Netherlands Antilles, and as successor, to Curacao on March 22, 2010. The UN Convention against Transnational Organized Crime and the UN Convention against Corruption have not yet been extended to Curacao.


ted in money laundering, sanctions, terrorism financing | Leave a comment
The Honey Pot Bank




By JAAP VAN DER MOLEN | Published: 16-APR-2012
In mid-March, in a large case of suspected money laundering and VAT fraud, Dutch prosecutors co-operated with authorities in 7 other countries to seize documents and files relevant to the investigation. On Good Friday, the prosecutors charged the alleged key player, Mr. Deuss, with ‘missing trader intra community fraud’ and demanded 12 months jail, a EUR 3.9 million fine and forfeiture of EUR 100 million in illegal profits. This type of fraud is also known as ‘VAT carousel fraud’ or ‘daisy chaining’.

The prosecutors also intend to charge Mr. Deuss with laundering of the proceeds from the fraud, but have decided to do this in a separate trail, due to the complexity of the case.

The case revolves around the First Curacao International Bank (FCIB, http://www.firstcuracao.com), a financial institution controlled by Mr Deuss. Regulated by the Central Bank of Curacao and St. Maarten (“CBCS”), this bank was initially established as in-house bank for Mr. Deuss‘ various enterprises. In 2000, basic banking services were also offered to non-affiliated 3rd parties, which really took off as a separate business after the introduction of internet banking in 2003.

As it turns out, a fair portion of these 3rd party customers were active in the telecom and computer equipment business. High-value and small-sized goods like cell-phones and micro-processors often provide an efficient way to exploit the VAT system in the European Union.




Interestingly, in this court case the Dutch prosecutors have publicly critiqued the Central Bank of Curacao, the home regulator of the FCIB. While there is often no love lost between the authorities here and oversees, the criticism is harsh and personal. Apparently Mr Deuss was a good friend of the Central Bank Governor, Mr. Emsly Tromp, who allegedly would give quick rulings, or insight in Central Bank rulings in favour of the FCIB, that went against internal advice, were based on outdated regulation or sometimes in violation of local regulation. To this date, the CBCS has not launched its own separate investigation into the practices of FCIB.

Mr. Deuss on his side, argues that he is the victim of a plot by English and Dutch investigative authorities. The English Revenue & Customs authorities and the Dutch FIOD have worked with banks like Rabobank, Barclays and HSBC to use FCIB as a “honey pot bank” to lure companies committing VAT fraud. FCIB installed the Mantas screening tool in 2006, and after detecting suspicious activity, promptly reported this to the UK authorities. This thorough approach and transparency about the detected suspicious activities now lead to this trail.

Meanwhile, Mr. Deuss’ life reads like a Robert Ludlum novel, with involvement in oil price manipulation and oil embargo evasion:

http://www.scoop.co.nz/stories/HL0409/S00244.htm
http://www.nytimes.com/1988/07/07/bu...le-to-sun.html
The CBCS issued a press release on April 11 (in Dutch only), calling the allegations ‘suggestive’ and ‘not supported by facts’. A more formal reply will be given after the trail is over. A verdict in the first part of this case is expected on 24 May.


Posted in aml software, fraud, money laundering | Tagged cdd, fraud, moneylaundering, suspicious transaction reporting | Leave a comment


Link:
http://www.amlcftblog.com/2008/08/ne...inclusion.html


Netherlands Antilles protests inclusion on 'tax haven' list
August 10, 2008 | by INONU AKGUN ALP
WILLEMSTAD, Curacao: “Righting a grave injustice” and “removal of the Netherlands Antilles from tax haven lists”.



These unequivocal statements are made in a document that was sent by the State Secretary of Finance of the Netherlands Antilles, Alex Rosaria, to the Tax Directorate of the European Commission (EC) and is a follow-up to a meeting between Rosaria and representatives of the EC earlier this year.

According to Rosaria, the Netherlands Antilles is committed to providing a leading edge financial service industry with high-end supervision in line with international standards to protect the consumer. “We are an active and a complying member of various international organizations such as the OECD, the Egmont Group, the Financial Action Task Force (FATF) and the Caribbean Financial Action Task Force (CFATF)”.

The Netherlands Antilles is recognized by the OECD as a co-operative jurisdiction; in April 2008 the Egmont Group gave the Netherlands Antilles its seal of approval and the IMF in its most recent Article IV Consultations concluded that “The financial sector of the Netherlands Antilles is broadly healthy”.

As Rosaria explained: “Any reference to us being a tax haven” is totally misguided, contradictory and unjust. If we were a tax haven Spain would not have concluded a Tax Information Exchange Treaty with us in June 2008”.

What really puzzles Rosaria is the reaction from the Tax Directorate so far. “The EC claims it cannot intervene on our behalf to correct the above mentioned unjust inclusion on black lists of some EU members because EU Members are autonomous in their tax matters. This statement seems very curious especially when we note that in the case of imposing actions to promote what the EU calls good tax governance the EC does have the authority to act on behalf of the EU Members”.

Rosaria asks: “Why does the argument of autonomy of the individual EU Member not apply when the EU takes actions to promote good tax governance on the Netherlands Antilles? And why does it apply when the Netherlands Antilles request the EC, not for a favor mind you, but to simply correct an error that has been made by some EU members?"

Finally Rosaria said that he expects nothing less than the elimination of the Netherlands Antilles from those black lists. “The EC must understand that we demand a level playing field, that we can not be held to higher standards than is demanded of other OECD Member and especially that I must do everything in my power to guard our international financial services industry from further erosion. Black listing seriously undermines the competitiveness of the Netherlands Antilles’ financial services sector and consequently the well-being of ou people.”

Source: CaribbeannetNews

Last edited by rwederfoort; 05-01-2013 at 11:18 PM.
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