# Guideline for promotion of the Criminal Proceeds Control

## Article 1 Purpose of this Guideline

The purpose of this Guideline is to provide necessary basic matter to prevent of transfer of criminal proceeds (provided in Act on Prevention of Transfer of Criminal Proceeds (Act No.22, 2007, hereinafter referred to as "Act") Article 2 Paragraph 1, the same shall apply hereinafter), weaken and eliminate criminal organization and prevent terrorist financing, etc., combined with activity based on "guideline for organized crime countermeasure" and "guideline for terrorism countermeasure" by promoting criminal procedure countermeasure, given the fact that criminal proceeds encourage the organized crime and terrorism, interference used said proceeds gives business activities serious adverse effect on sound economic activities and criminal proceeds includes the asset unjustly obtained from victims.

Article2 Fundamental attitude for criminal procedures countermeasure

Fundamental attitude to the promotion the Criminal Proceeds Control is as follows

1. Promotion of voluntary effort by specified business operator (specified business operator means described in Article 2 Paragraph 2 of the Act, the same shall apply hereinafter) and public understanding

2. Analysis and utilization of information on criminal proceeds

3. Regulations of crimes related to criminal proceeds and promotion of deprivation of criminal proceeds

4. Promotion of the international cooperation of Criminal Proceeds Control

## Article 3 Promotion of Criminal Proceeds Control

### 1. Arrangement of promotion system

Based on law, FIU (Financial Intelligence Unit) is transferred from Financial Services Agency to the National Public Safety Commission, National Public Safety Commission collects the information on suspicious transaction report, arranges, analyzes and disseminates to investigative authorities, etc. and foreign FIU, affairs of prevention of transfer of criminal proceeds added in duty of Organized Crime Department, National Police Agency and necessary measures are to be arranged.

Based on above, each prefectural police force is also composed of staffs that have knowledge of each relevant section, comprehensive arrangement of measures implemented by each section concerning Criminal Proceeds Control, receipt of information on suspicious transactions reported by National Police Agency, assurance of appropriate handling of information on suspicious transactions, establishment of task forces for fact-finding concerning criminal proceeds in charge of assistants, etc. of investigation of crime relevant to criminal proceeds, investigation system of crime relevant to criminal proceeds shall be arranged.

### 2. Promotion of voluntary effort by specified business operators and public understanding

National Police Agency disseminates the information on typologies of transfer of criminal proceeds so that specified business operator appropriately conduct measures described in Act, direct and advise appropriately for implementation method of the measure, in addition, assists such as dispatch of the staff who have specialized knowledge on training of employee implementing the voluntary effort in coordination with relevant organization.

In addition, National Police Agency and Prefectural police force conduct public enlightenment activity to improve public understanding of importance of Criminal Proceeds Controls in coordination with relevant authority by disseminating the knowledge of bad influence to the sound economic activity given by criminal proceeds, contents of law, actual condition of organized crime etc.

### 3. Collecting information on criminal proceeds, arrangement and analysis

## (1) Collecting, Arranging, Coordinating and Analysis in NPA

National Police Agency, promptly and appropriately, shall collect the information on criminal proceeds, arrangement and analysis and disseminate information on suspicious transaction to the investigative institution etc. and foreign FIU based on Article 11 and 12 of the Act.

Where criminal proceeds are collected, each prefectural police Force is requested for report of information on following matter.

i) Necessary information contributes to analysis of information concerning criminal proceeds.

ii) In addition to above i), necessary information to effective promotion of crime proceeds measures in National Police