Council Decision of 17 October 2000 concerning arrangements for cooperation between financial intelligence units of the Member States in respect of exchanging information
Date: 2000-10-17
Institutions: Council of the European Union
Subjects: EU Member State, European cooperation, exchange of information, money laundering, tax evasion

L 271/4

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Official Journal of the European Communities

24.10.2000

COUNCIL DECISION

of 17 October 2000

concerning arrangements for cooperation between financial intelligence units of the Member States
in respect of exchanging information

(2000/642/JHA)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in partic-
ular 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)

(2)

(3)

(4)

(5)

The action plan to combat organised crime was
approved by the Amsterdam European Council on 16 to
17 June 1997 (1). The action plan recommended,
in
particular in recommendation 26(e), that there should be
an improvement in cooperation between contact points
competent
transaction reports
pursuant to Council Directive 91/308/EEC of 10 June
1991 on prevention of the use of the financial system
for the purpose of money laundering (2).

to receive suspicious

All Member States have set up financial intelligence units
(FIUs) to collect and analyse information received under
the provisions of Directive 91/308/EEC with the aim of
establishing links between suspicious financial transac-
tions and underlying criminal activity in order
to
prevent and to combat money laundering.

Improvement of the mechanisms for exchanging infor-
mation between the FIUs is one of the objectives recog-
nised by the Money Laundering Experts' Group set up
within the Multidisciplinary Group on Organised Crime,
along with an improvement in the exchange of informa-
tion 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.

The Council conclusions of March 1995 highlighted the
fact that the strengthening of systems for combating
cooperation
money laundering depends on closer
between the different authorities involved in fighting it.

The second Commission report to the European Parlia-
ment and the Council on the implementation of
Directive 91/308/EEC identifies the difficulties which
still appear to prevent the communication and exchange

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

of information between certain units having a different
legal status.

It is necessary that close cooperation take 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 author-
ities.

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 the informal worldwide
network of FIUs referred to as ‘the Egmont Group’.

Member States must organise the FIUs in such a way as
to ensure that information and documents are submitted
within a reasonable space of time.

This Decision does not affect any Convention or
arrangement regarding mutual assistance in criminal
matters between judicial authorities,

(6)

(7)

(8)

(9)

HAS ADOPTED THIS DECISION:

Article 1

1. Member States shall ensure that FIUs, set up or desig-
nated to receive disclosures of financial
information for the
purpose of combating money laundering shall cooperate to
assemble, analyse and investigate relevant information within
the FIU on any fact which might be an indication of money
laundering in accordance with their national powers.

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

3. Where a Member State has designated a police authority
as its FIU, it may supply information held by that FIU to be
exchanged pursuant to this Decision to an authority of the
receiving Member State designated for that purpose and being
competent in the areas mentioned in paragraph 1.

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Official Journal of the European Communities

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Article 2

than those stipulated in paragraph 1. The receiving FIU shall
comply with any such restrictions and conditions.

1. Member States shall ensure that, for the purposes of this
Decision, FIUs shall be a single unit for each Member State and
shall correspond to the following definition:

‘A central, national unit which, in order to combat money
laundering, is responsible for receiving (and to the extent
permitted, requesting), analysing and disseminating to the
competent authorities, disclosures of financial information
which concern suspected proceeds of crime or are required
by national

legislation or regulation’.

2.
In the context of paragraph 1, a Member State may
establish a central unit for the purpose of receiving or transmit-
ting information to or from decentralised agencies.

3. Where a Member State wishes to use transmitted infor-
mation or documents for criminal investigations or prosecu-
tions for the purposes laid down in Article 1(1), the transmit-
ting Member State may not refuse its consent to such use
unless it does so on the basis of restrictions under its national
law or conditions referred to in Article 4(3). Any refusal to
grant consent shall be appropriately explained.

FIUs shall undertake all necessary measures,

4.
including
security measures, to ensure that information submitted under
this Decision is not accessible by any other authorities, agencies
or departments.

3. Member States shall
indicate the unit which is an FIU
within the meaning of this Article. They shall notify this infor-
mation to the General Secretariat of the Council in writing.
This notification does not
relations
the
concerning cooperation between the FIUs.

current

affect

Article 3

Member States shall ensure that the performance of the func-
tions of the FIUs under this Decision shall not be affected by
their internal status, regardless of whether they are adminis-
trative,

law enforcement or judicial authorities.

Article 4

1.
Each request made under this Decision shall be accom-
panied by a brief statement of the relevant 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,
the requested FIU shall provide all
information,
including available financial
information and requested law
enforcement data, sought in the request, without the need for a
formal letter of request under applicable conventions or agree-
ments between Member States.

relevant

An FIU may refuse to divulge information which could
3.
lead to impairment of a criminal investigation being conducted
in the requested Member State or, in exceptional circumstances,
where divulgation of the information would be clearly dispro-
portionate to the legitimate interests of a natural or legal
person or the Member State concerned or would otherwise not
be in accordance with fundamental principles of national law.
Any such refusal shall be appropriately explained to the FIU
requesting the information.

Article 5

1.
Information or documents obtained under this Decision
are intended to be used for the purposes laid down in
Article 1(1).

The

information submitted will be protected,

5.
in
conformity with the Council of Europe Convention of 28
January 1981 for the Protection of Individuals with regard to
Automatic Processing of Personal Data and taking account of
Recommendation No R(87)15 of 15 September 1987 of the
Council of Europe Regulating the Use of Personal Data in the
Police Sector, by at least the same rules of confidentiality and
protection of personal data as those that apply under the
legislation applicable to the requesting FIU.
national

Article 6

1.
FIUs may, within the limits of the applicable national law
and without a request to that effect, exchange relevant informa-
tion.

Article 5 shall apply in relation to information forwarded

2.
under this Article.

Article 7

Member States shall provide for, and agree on, 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.

Article 9

1.
To the extent that the level of cooperation between FIUs,
as expressed in memoranda of understanding concluded or to
be concluded between authorities of the Member States,
is
compatible with this Decision or goes further than the provi-
sions thereof,
it shall remain unaffected by this Decision.
Where the provisions of this Decision go further than the
provisions of any memorandum of understanding concluded
between the authorities of Member States, this Decision shall
supersede such memoranda of understanding two years after
this Decision takes effect.

2. When transmitting information or documents pursuant
to this Decision, the transmitting FIU may impose restrictions
and conditions on the use of information for purposes other

The Member States shall ensure that they are able to
2.
cooperate fully in accordance with the provisions of
this
Decision at the latest three years after this Decision takes effect.

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The Council will assess Member States' compliance with
3.
this Decision within four years of the date on which it takes
effect, and may decide to continue such assessments on a
regular basis.

This Decision shall take effect on 17 October 2000.

Article 11

Done at Luxembourg, 17 October 2000.

Article 10

This Decision shall apply to Gibraltar. To this effect, notwith-
standing Article 2, the United Kingdom may notify to the
General Secretariat of the Council an FIU in Gibraltar.

For the Council

The President

É. GUIGOU