CuracaoNieuws | Amerika zet hele Koninkrijk op zwarte lijst

Persbureau Curacao

Curaçao, Aruba, Sint Maarten èn Nederland zijn als ‘major money-laundering jurisdictions’, drugs en goud overslagpunt en online gabling en geldhandel terug te vinden in het US International Narcotics Control Strategy Report (INCSR) 2018

Amerika heeft het Koninkrijk op een zwarte lijst tegen witwaspraktijken gezet. Curaçao, Aruba, Sint-Maarten en Nederland worden gezien als belangrijke witwaslanden.

Vrijwel alle landen in de onze regio staan op die lijst, inclusief Amerika zelf. Curaçao wordt gezien als een overslagpunt voor drugs en goud uit Zuid-Amerika

Bron: CuracaoNieuws

Naschrift KKC:

Naschrift KKC:

The 2018 International Narcotics Control Strategy Report (INCSR) is an annual report by the Department of State to Congress prepared in accordance with the Foreign Assistance Act. It describes the efforts of key countries to attack all aspects of the international drug trade in Calendar Year 2017.

Volume I covers drug and chemical control activities.
Volume II covers money laundering and financial crimes.

— Volume I: Drug and Chemical Control

— Volume II: Money Laundering and Financial Crimes

Netherlands

OVERVIEW

The Netherlands is a major financial center and, consequently, an attractive venue for laundering funds generated from illicit activities, including those related to the sale of cocaine, cannabis, and synthetic and designer drugs, such as ecstasy. The Netherlands has a prosperous and open economy, which depends heavily on foreign trade.

Six islands in the Caribbean fall under the jurisdiction of the Kingdom of the Netherlands: Bonaire, Sint Eustatius, and Saba are special municipalities of the Netherlands; Aruba, Curacao, and Sint Maarten are autonomous countries within the Kingdom. The Netherlands provides supervision for the courts and for combating crime and drug trafficking within the Kingdom.

VULNERABILITIES AND EXPECTED TYPOLOGIES

Financial fraud, especially tax evasion, is believed to generate a considerable portion of domestic money laundering activity. There are a few indications of syndicate-type structures in organized crime and money laundering, but there is virtually no black market for smuggled goods. Few border controls exist within the Schengen Area of the EU, although Dutch authorities run special operations in the border areas with Germany and Belgium and in the Port of Rotterdam to minimize smuggling.

The Netherlands is an open economy and is a large hub for the international financial sector. Underground remittance systems, such as hawala, operate in the Netherlands. Criminal networks increasingly use cyber currencies to facilitate illegal activity.

KEY AML LAWS AND REGULATIONS

Every three years, the government commissions an independent audit of Dutch policy. The Government of the Netherlands continues to correct noted deficiencies and to make progress in improving its AML regime. The law has comprehensive KYC and STR regulations, which apply to many actors in the financial sector, including pawnshops and brokers in high-value goods. On January 1, 2017, new legislation entered into force expanding the predicate crimes for money laundering to include the possession of stolen goods.

On March 31, 2017, the government presented a legislative proposal to create a special registry listing the ultimate beneficial owners (UBO) of companies and legal entities. The proposal is part of the Dutch implementation of the fourth EU Anti-Money Laundering Directive. The proposed UBO registry will be run under the Chamber of Commerce and aims to prevent money launderers from hiding behind legal entities. On October 13, 2017, the cabinet submitted legislation to Parliament to implement the EU’s Fourth Anti-Money Laundering Directive.

There is a MLAT between the Netherlands and the United States.

The Netherlands is a member of the FATF. Its most recent MER can be found at: http://www.fatf-gafi.org/publications/mutualevaluations/documents/mutualevaluationreportofthenetherlands.html

AML DEFICIENCIES
The Dutch FIU enjoys an international reputation for professionalism. The FIU is an independent, autonomous entity under the National Police Unit. It is expected that the ongoing reorganization of the National Police, scheduled for completion in 2018, will enhance the flexibility and effectiveness of law enforcement in responding to money laundering cases.

The police closely cooperate with the Dutch Tax Authority’s investigative service. The Anti-Money Laundering Center, established in 2013, combines expertise from government agencies, such as the FIU, the National Police, the Tax Authority, knowledge institutions, private sector partners, and international organizations. Seizing financial assets of criminals continues to be a priority for law enforcement.

ENFORCEMENT/IMPLEMENTATION ISSUES AND COMMENTS
The Netherlands utilizes an “unusual transaction” reporting system. Designated entities are required to file unusual transaction reports (UTRs) with the FIU on any transaction that appears “unusual” (applying a broader standard than “suspicious”), or when there is reason to believe a transaction is connected with money laundering.

The FIU analyzes UTRs and forwards them to law enforcement for criminal investigation. Once the FIU forwards the report, the report is then classified as a STR. The Netherlands does not require all covered entities to report all transactions in currency above a fixed threshold. Instead, different thresholds apply to various specific transactions, products, and sectors.

In 2015, the latest year for which data was available, the courts convicted 1,168 persons for money laundering.

On April 26, 2017, a district court in Utrecht sentenced a man to 30 months in prison for his part in a criminal organization that conducted underground banking. He transferred large sums of cash between anonymous third parties without keeping records. The court determined he handled between U.S. $9 and U.S. $11 million. Two accomplices were also convicted, but not for membership in the organization.

Curacao

Curacao is a regional financial center and a transshipment point for drugs from South America. Money laundering is primarily related to proceeds from illegal narcotics, although recently unlicensed banking through Chinese mini-markets has also been identified as a source for laundered funds, resulting in investigations and arrests.

Curacao is an autonomous country within the Kingdom of the Netherlands (Kingdom). The Kingdom retains responsibility for foreign policy and defense, including entering into international conventions, with the approval of the local Parliament.

In 2016, Aruba, Sint Maarten, the Netherlands, and Curacao signed an MOU with the United States for joint training activities and sharing of information in the area of criminal investigation and law enforcement. One priority area is interdicting money laundering operations. The MOU activities are ongoing.

VULNERABILITIES AND EXPECTED TYPOLOGIES

Money laundering organizations may take advantage of the availability of U.S. dollars, offshore banking and incorporation systems, two free trade zones, a shipping container terminal with the largest oil transshipment center in the Caribbean, and resort/casinos to place, layer, and integrate illegal proceeds.

Money laundering occurs through real estate purchases and international tax shelters, and through wire transfers and cash transport among Curacao, the Netherlands, and other Dutch Caribbean islands. Given its proximity and economic ties to Venezuela, the risk of Curacao being used to launder the proceeds of crimes emanating from Venezuela is substantial.

Curacao has provided access to Venezuelans seeking U.S. dollars and euros.
Domestic public corruption poses a money laundering threat to Curacao.

KEY AML LAWS AND REGULATIONS

The Kingdom may extend international conventions to the autonomous countries in the Kingdom. The Kingdom extended the application to Curacao of the 1988 UN Drug Convention in 1999 and the UNTOC in 2010.

With the Kingdom’s agreement, each autonomous country can be assigned a status of its own within international or regional organizations, subject to the organization’s agreement. The individual countries may conclude MOUsin areas in which they have autonomy, as long as they do not infringe on the foreign policy of the Kingdom.

The financial sector consists of company (trust) service providers, administrators, and self-administered investment institutions providing trustservices and administrative services. Curacao continues to sign Tax Information Exchange Agreements (TIEAs) and double taxation agreements with other jurisdictions to prevent tax fraud, terrorist financing, and money laundering.

The following types of service providers are obligated by AML legislation to file unusual transaction reports (UTRs) with the FIU and are covered by the KYC laws: accountants and accounting firms, auditors and auditing firms, auto/car dealers, credit unions, credit card companies, building societies, insurance companies, financial leasing companies, money remitters, real estate agents, securities brokers/dealers, banks, casinos, credit associations, financial advisors, lotteries, money exchanges (only domestic banks are permittedto provide the service of exchanging foreign currencies), notaries, pawn shops, dealers in precious stones and metals, lawyers, pension funds, online betting lotteries, trust companies, construction material dealers, and administrative services providers.

Pursuant to new legislation passed by Parliament in 2017, money transfer/cash courier companies must be licensed and supervised by the Central Bank of Curacao and Sint Maarten. Other national ordinances were passed or amended to update and harmonize supervision.

Curacao is a member of the Global Forum on Transparency and Exchange of Information for Tax Purposes. Curacao is a member of the CFATF, a FATF-style regional body, and, through the Kingdom, of the FATF.

Its most recent MER can be found here: https://www.cfatf-gafic.org/index.php/documents/mutual-evaluation-reports/curazao/640-curacao-mer-final?highlight=WyJjdXJhXHUwMGU3YW8iXQ.

AML DEFICIENCIES
Curacao is currently drafting a revised supervisory law for internet gaming (currently the Ministry of Justice is the supervisory authority). Curacao is also in the process of conducting an AML national risk assessment, starting in 2018, supported by the World Bank.

The Kingdom has not extended the UNCAC to Curacao.

ENFORCEMENT/IMPLEMENTATION ISSUES AND COMMENTS

Curacao utilizes a UTR reporting system. Pursuant to local legislation, the reporting entities file UTRs with the FIU that are not necessarily qualified as STRs, as is the custom in common law legal systems. The FIU analyzes the UTR and determines if it should be classified as a STR.

The 1983 MLAT between the Kingdom of the Netherlands and the United States applies to Curacao and is regularly used by U.S. and Dutch law enforcement agencies for international drug trafficking and money laundering investigations. The 2004 U.S.-Netherlands Mutual Legal Assistance Agreement, incorporating specific U.S.-EU provisions, was not extended to Curacao. Additionally, Curacao has a TIEA with the United States.

Curacao recently conducted a number of high-profile money laundering and predicate crime investigations and numerous former officials were investigated, charged, or convicted, including the former prime minister and former president of the central bank. Curacao continues with two multi-year money laundering prosecutions. Also in 2017, one conviction was confirmed by a higher court.

Curacao should continue its supervision of the offshore sector and FTZs, and further investigate the unlicensed banking phenomenon.

Aruba

OVERVIEW

Aruba is not considered a regional financial center. Because of its location, Aruba is a transshipment point for drugs from South America bound for the United States and Europe, and for currency flowing in the opposite direction.
Aruba is an autonomous country within the Kingdom of the Netherlands (Kingdom). The Kingdom retains responsibility for foreign policy and defense, including signing international conventions.

In 2016, Aruba, Sint Maarten, the Netherlands, and Curacao signed an MOU with the United States for joint training activities and sharing of information in the area of criminal investigation and law enforcement. One priority area is interdicting money laundering operations. The MOU activities are ongoing.

VULNERABILITIES AND EXPECTED TYPOLOGIES

Bulk cash smuggling represents a risk due to the location of Aruba between North and South America. Money laundering is primarily related to proceeds from illegal narcotics trafficked by criminal organizations and occurs through real estate purchases and international tax shelters. Real estate firms and tax trust companies are subject to KYC provisions and FIU reporting obligations.

There is no significant black market for smuggled goods on Aruba.

The Free Zone Aruba NV (FZA) is a government-owned limited liability company which manages and develops the free zones. Service companies can set up business outside of the designated customs-controlled free zones. All companies with free zone status are reviewed and controlled by the FZA, which has an integrity system in place to deter illegal activities, including smuggling and money laundering.

Financial services, banks, and insurance companies are not permitted to operate in the free zones. There are 13 casinos and online gaming is allowed, subject to KYC and FIU reporting requirements.

KEY AML LAWS AND REGULATIONS

KYC laws cover banks, life insurance companies and insurance brokers, money transfer companies, investment companies and brokers, factoring and leasing companies, trust and company service providers, car dealers, casinos, lawyers, civil notaries, accountants, tax advisors, realtors, and dealers in precious metals, stones, and other high-value objects.

The Kingdom may extend international conventions to the autonomous countries within the Kingdom, though the respective parliaments must approve the conventions for them to become law. The Kingdom extended the application to Aruba of the 1988 UN Drug Convention in 1999 and the UNTOC in 2007.

With the Kingdom’s agreement, each autonomous country can be assigned a status of its own within international or regional organizations, subject to the organization’s agreement. The individual countries may conclude MOUs in areas in which they have autonomy, as long as these MOUs do not infringe on the foreign policy of the Kingdom as a whole.

The 1983 MLAT between the Kingdom of the Netherlands and the United States applies to Aruba and is regularly used by U.S. and Dutch law enforcement agencies for international drug trafficking and money laundering investigations. The 2004 U.S.-Netherlands Mutual Legal Assistance Agreement, incorporating specific U.S.-EU provisions, was not extended to Aruba.

Aruba is a member of the CFATF, a FATF-style regional body, and, through the Kingdom, the FATF. Its most recent MER can be found at: https://www.cfatf-gafic.org/index.php/documents/cfatf-mutual-evaluation-reports/aruba-2.

AML DEFICIENCIES
Fraud is a crime, licensing is now required for a variety of businesses, and counterfeiting and piracy of products are predicate offenses to money laundering.

The Kingdom has not yet extended the application of the UNCAC to Aruba.

ENFORCEMENT/IMPLEMENTATION ISSUES AND COMMENTS
Aruba is a member of the Global Forum on Transparency and Exchange of Information for Tax Purposes.

Aruba does not have a suspicious transaction reporting system but rather a broader unusual transaction reporting system. Service providers are required to report large cash transactions of U.S. $14,000 or more, wire transactions of U.S. $278,000 or more, other unusual transactions, and transactions suspected to be related to money laundering or terrorist financing.

The State Ordinance for the Prevention of and Combating Money Laundering and Terrorist Financing (AML/CFT State Ordinance) includes rules for the identification and verification of clients and the reporting of unusual transactions to prevent and combat money laundering when providing certain services.

Non-regulated financial service providers (including investment brokers and factoring and leasing companies) and DNFBPs (including lawyers, civil notaries, tax advisors, accountants, jewelers, high-value goods dealers, and casinos) must also comply with the requirements of the AML/CFT State Ordinance and must register with the Central Bank of Aruba. In the reporting period, there were numerous prosecutions for money laundering along with five convictions. The FIU held awareness-raising events for regulated entities.

Sint Maarten

OVERVIEW

Due to the damage from multiple hurricanes in 2017, most of the information on money laundering kept by the Sint Maarten government was destroyed.
Sint Maarten is an autonomous entity within the Kingdom of the Netherlands.

The Kingdom retains responsibility for foreign policy and defense, including entering into international conventions.

Sint Maarten has been recognized by the OECD as a jurisdiction that has implemented internationally-agreed tax standards.

In 2016, Aruba, Sint Maarten, the Netherlands, and Curacao signed an MOU with the United States for joint training activities and information sharing related to criminal investigations and law enforcement. An ongoing priority area is interdicting money laundering operations.

VULNERABILITIES AND EXPECTED TYPOLOGIES
Many hotels operate casinos on the island, and online gaming is legal.

Sint Maarten has offshore banks and companies. Sint Maarten’s favorable investment climate and rapid economic growth over the last few decades have drawn wealthy investors to the island who have invested their money in large-scale real estate developments, including hotels and casinos.

In Sint Maarten, money laundering of criminal profits occurs through business investments and international tax shelters. The government sector continues to be vulnerable to integrity-related crimes.

It remains to be seen how Sint Maarten rebounds from the devastation of hurricanes Irma and Maria that destroyed approximately 90 percent of the island. In exchange for development aid, the Dutch government demands the implementation of a Dutch-supervised Integrity Chamber and border control to curb money laundering and to strengthen the government sector.

KEY AML LAWS AND REGULATIONS

KYC laws cover banks, lawyers, insurance companies, casinos, customs, money remitters, the central bank, trust companies, accountants, car dealers, administrative offices, Tax Administration, jewelers, credit unions, real estate businesses, notaries, currency exchange offices, and stock exchange brokers.

The Kingdom may extend international conventions to the autonomous countries. The Kingdom extended to Sint Maarten the application of the 1988 UN Drug Convention in 1999 and the UNTOC in 2010.

With the Kingdom’s agreement, each autonomous country can be assigned a status of its own within international or regional organizations subject to the organization’s agreement. The individual countries may conclude MOUs in areas in which they have autonomy, as long as these MOUs do not infringe on the foreign policy of the Kingdom as a whole.

Sint Maarten is a member of the Global Forum on Transparency and Exchange of Information for Tax Purposes. Sint Maarten is a member of the CFATF, a FATF-style regional body, and, through the Kingdom, the FATF. Its most recent MER can be found at: https://www.cfatf-gafic.org/index.php/documents/cfatf-mutual-evaluation-reports/sint-maarten-1

AML DEFICIENCIES
Sint Maarten has yet to pass and implement legislation to regulate and supervise its casino, lottery, and online gaming sectors in compliance with international standards. In addition, the threshold for conducting customer due diligence in the casino sector does not comply with international standards.

The UNCAC has not yet been extended to Sint Maarten.

ENFORCEMENT/IMPLEMENTATION ISSUES AND COMMENTS
The National Ordinance Reporting Unusual Transactions has an “unusual transaction” reporting system. Designated entities are required to file UTRs with the FIU on any transaction that appears unusual (applying a broader standard than “suspicious”) or when there is reason to believe a transaction is connected with money laundering. If, after analysis of an unusual transaction, a strong suspicion of money laundering arises, those suspicious transactions are reported to the public prosecutor’s office.

The harbor of Sint Maarten is well known for its cruise terminal, one of the largest on the Caribbean islands. However, the airport and seaport were hit hard by hurricanes Irma and Maria in September 2017. Cruise ship visits have halted since then and the airport is recovering slowly. It remains to be seen how business at the airport and seaport will recover.

The local container facility, which played an important role in the region, was also strongly impacted. When the facility is operational, larger container ships dock their containers in Sint Maarten where they are picked up by regional feeders to supply the smaller islands surrounding Sint Maarten.

Nevertheless, customs and law enforcement authorities should be alert for regional smuggling, TBML, and value transfer schemes when business resumes. In June 2017, the Sint Maarten Port Director was arrested in an investigation into forgery, money laundering, and tax evasion.

From January to October 2017, Sint Maarten’s FIU reported it has submitted seven money laundering investigations to the Public Prosecutor’s Office. The seven investigations consist of 441 suspicious transactions, involving approximately U.S. $15 million.

Because the MLAT between the United States and the EU has not been extended to the Kingdom of the Netherlands’ Caribbean countries, the MLAT between the United States and the Kingdom applies to Sint Maarten. It is regularly used by U.S. and Sint Maarten law enforcement agencies for international drug trafficking and money laundering investigations.

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