Initiative of the Republic of Finland in view of the adoption of a Council Decision concerning arrangements for cooperation between financial intelligence units of the Member States in respect of exchanging information
Date: 1999-12-16
Institutions: Finland
Subjects: Finland, exchange of information, financial cooperation

C 362/6

EN

Official Journal of the European Communities

16.12.1999

II

(Preparatory Acts pursuant to Title VI of the Treaty on European Union)

COUNCIL

Initiative of the Republic of Finland in view of the adoption of a Council Decision concerning
arrangements for cooperation between financial intelligence units of the Member States in respect
of exchanging information

(1999/C 362/05)

THE COUNCIL OF THE EUROPEAN UNION,

laundering depends on closer cooperation between the
different authorities involved in fighting it;

Having regard to the Treaty on Eurpean Union, and in
particular Article 34(2)(c) thereof,

Having regard to the initiative of the Republic of Finland,

Having regard to the opinion of the European Parliament,

Whereas:

(1) the Action Plan to combat organised crime was approved
by the Amsterdam European Council on 16 and 17 June
in particular in
1997 (1); the Action Plan recommended,
point 26(e), that there should be an improvement in coop-
to receive
eration between contact points competent
suspicious
to Council
reports
Directive 91/308/EEC of 10 June 1991 on prevention of
the use of the financial system for the purpose of money
laundering (2);

transaction

pursuant

(2) all Member States have set up Financial Intelligence Units
(FIU), to collect and analyse information received under the
provisions of Directive 91/308/EEC with the aim of estab-
lishing links between suspicious or unusual financial trans-
actions and underlying criminal activity in order to prevent
and to combat money laundering;

(3) improvement

of

for

the mechanisms

exchanging
information between the FIUs in one of
the objectives
recognised by the Money Laundering Experts’ Group set
up within the Multidisciplinary Group on Organised
Crime, along with an improvement in the exchange of
information between FIUs and the investigating authorities
in Member States and in the multidisciplinary organisation
of FIUs, to incorporate knowledge of the financial,
law
enforcement and judicial sectors;

(5) the second Commission report to the European Parliament
and the Council on the implementation of Directive
91/308/EEC identifies the difficlties which still appear to
prevent the communication and exchange of information
between certain units having a different legal status;

(6) it is necessary that close cooperation takes place between
the relevant authorities of the Member States involved in
the fight against money laundering and that provision be
made for direct communication between those authorities;

(7) arrangements have already been successfully adopted by
Member States in relation to this matter based mainly on
the principles laid down in the model memorandum of
understanding proposed by
informal worldwide
network of Financial Intelligence Units referred to as (cid:145)the
Egmont Group(cid:146),

the

HAS ADOPTED THIS DECISON

Article 1

1. Member States shall ensure that Financial
Intelligence
Units (FIUs), set up or designated to receive disclousures of
financial
information for the purpose of combating money
laundering shall cooperate to assemble, analyse and investigate
relevant information.

2.
For the purposes of paragraph 1, Member States shall
ensure that FIUs exchange, spontaneously or upon request
and either in accordance with this Decision or in accordance
with existing or future memoranda of understanding, any
available inforamtion that may be relevant to the processing
or analysis of
information or to investigation by the FIU
regarding financial transactions related to money laundering
and the natural or legal persons involved.

Article 2

(4) the Council conclusions of March 1995 highlighted the fact
that the strengthening of systems for combating money

Member States
following definition:

shall ensure that FIUs correspond to the

(1) OJ C 251, 15.8.1997, p. 1.
(2) OJ L 166, 28.6.1991, p. 77

(cid:145)A central, national agency which in order to combat money
receiving and to the extent
laundering is responsible for

16.12.1999

EN

Official Journal of the European Communities

C 362/7

requesting, analysing and disseminating to the
permitted,
competent authorities, disclosures of
information
concerning suspected proceeds of crime and required by
national legislation or regulation(cid:146).

financial

Article 3

shall ensure that

the performance of
the
Member States
functions of
this Decision shall not be
affected by their internal structures, regardless of whether
they are administrative, law enforcement or judicial authorities.

the FIUs under

Article 4

Each request made under this Decision shall be accom-
1.
panied by a brief statement of the underlying facts known to
the requesting FIU. The FIU shall specify in the request how the
information sought will be used.

2. When a request is made in accordance with this Decision,
information,
the requested FIU shall provide all
including available financial
law
enforcement data, sought in the request, without the need for
a formal
letter of request under applicable conventions or
agreements between Member States.

relevant
information and relevant

3.
A FIU shall not be obliged to divulge information which
could lead to substantial impairment of a criminal investigation
being conducted in the requested Member State. Any such
refusal shall be appropriately explained to the FIU requesting
the information.

Article 5

Information or documents obtained under the provisions
the purposes of

1.
of
this Decision may only be used for
processing and analysing data within FIUs.

The use of

2.
information or documents referred to in
parapraph 1 for criminal investigations or prosecutions shall
be subject to the prior consent of the FIU which submitted the
information or documents in question.

FIUs shall undertake all necessary measures,

3.
including
security measures to ensure that information submitted under
this Decision is not accessible by any other authorities, agencies
or departments.

4.
The information submitted will be protected by at least
the same rules of confidentiality and protection of personal
data as
legislation
applicable to the requesting FIU.

those that apply under

the national

The requesting FIU shall comply with any conditions on

5.
the use of the infornation laid down by the requested FIU.

Article 6

FIUs may, within the limits of the applicable national law
to that effect, exchange relevant

1.
and without a request
information.

2.
The forwarding FIU may impose conditions on the use by
the receiving FIU of the information referred to in paragraph 1.
The receiving FIU shall be bound by those conditions.

Article 5 shall apply in relation to information forwarded

3.
under this Article.

Article 7

Member States shall provide for and agree upon appropriate
and protected channels of communication between FIUs.

Article 8

This Decision shall be implemented without prejudice to the
Member States’ obligations towards Europol, as they have been
laid down in the Europol Convention (1). The Member States
shall ensure that their FIUs will give effect to those obligations
in accordance with the applicable national law.

Article 9

To the extent that memoranda of understanding already
1.
concluded between authorities of
the Member States are
compatible with this Decision they shall continue to apply.
Where the provisions of this Decision go further than the
provisions of any memorandum of understanding concluded
between authorities of Member States,
this Decision shall
supersede such memoranda of understanding on . . . (*).

2. Where national
Decision, it shall be changed before . . . (**).

legislation is not compatible with this

3.
The Council will assess Member States’ compliance with
the Decision before . . . (***) and may decide to continue such
assessments on a regular basis.

Article 10

This Decision shall enter into force on . . . (****).

Done at . . .

For the Council

The President

. . .

(1) OJ C 316, 27.11.1995, p. 2.

(*) Two years after the date of entry into force of this Decision.
(**) Three years after the date of entry into force of this Decision.
(***) . . .
(****) Date of adoption of this Decision.