巴塞尔银行监管委员会《关于防止犯罪分子利用银行系统洗钱的声明》(1998)

更新时间:2023-06-29 05:33:03 阅读: 评论:0

台式机硬盘拆卸巴塞尔银行监管委员会《关于防止犯罪分子利用银行系统洗钱的声明》(1998) 
Prevention of Criminal U of the Banking System For the Purpo of Money-Laundering ( 1998)
背景:巴塞尔银行监管委员会(以下简称委员会)的成员由西方10国集团(实际上是12个发达国家:比利时、加拿大、法国、德国、意大利、日本、荷兰、瑞典、瑞士、英国、美国和卢森堡)的中央银行和金融监管机构组成,于1975年成立。秘书处设在位于巴塞尔的国际清算银行,其宗旨是促进国际在银行监管事宜上的合作。
《关于防止犯罪分子利用银行系统洗钱的声明》于1998年12月通过。其中分为前言和原则声明两个部分。整个声明的全部内容都与反洗钱活动密切相关,故在此引用其全部内容。企业社保缴费比例
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Preamble[1]
    1. Banks and other financial institutions may be unwittingly[2] ud as intermediaries for the transfer or deposit of funds derived from criminal activity. Criminals and their associates[3] u the financial system to make payments and transfers of funds from one account to another; to hide the source and beneficial ownership of money; and to provide storage for bank-notes through a safe deposit facility[4]. The activities are commonly referred to as money-laundering.
    2. Efforts undertaken hitherto[5] with the objective of preventing the banking system from being ud in this way have largely been undertaken by judicial and regulatory agencies at national level. However, the increasing international dimension of organid criminal activity, notably in relation to the narcotics trade, has prompted[6] collaborative initiatives at the international level. One of the earliest such initiatives was undertaken by the Committee of Ministers of the Council of Europe[7] in June 1980. In its report the Co
mmittee of Ministers concluded that "... the banking system can play a highly effective preventive role while the cooperation of the banks also assists in the repression[8] of such criminal acts by the judicial authorities and the police".In recent years the issue of how to prevent criminals laundering the proceeds of crime through the financial system has attracted increasing attention from legislative authorities, law enforcement agencies and banking supervisors in a number of countries.
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    3. The various national banking supervisory authorities reprented on the Basle Committee on Banking Regulations and Supervisory Practices[9] do not have the same roles and responsibilities in relation to the suppression of money-laundering. In some countries supervisors have a specific responsibility in this field; in others they may have no direct responsibility. This reflects the role of banking supervision, the primary function of which is to maintain the overall financial stability and soundness of banks rather than to ensure that individual transactions conducted by bank customers are legitimate. Nevertheless, despite the limits in some countries on their specific responsibility, all mem
bers of the Committee firmly believe that supervisors cannot be indifferent to the u made of banks by criminals.
    4. Public confidence in banks, and hence their stability, can be undermined by adver publicity as a result of inadvertent[10] association by banks with criminals. In addition, banks may lay themlves open to direct loss from fraud, either through negligence in screening[11] undesirable customers or where the integrity of their own officers has been undermined through association with criminals. For the reasons the members of the Basle Committee consider that banking supervisors have a general role to encourage ethical standards of professional conduct among banks and other financial institutions.
处女男和天秤女    5. The Committee believes that one way to promote this objective, consistent with differences in national supervisory practice, is to obtain international agreement to a Statement of Principles[12] to which financial institutions should be expected to adhere.
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麻永飞    6. The attached Statement is a general statement of ethical principles which encourages banks’ management to put in place effective procedures to ensure that all persons conducting business with their institutions are properly identified; that transactions that do not appear legitimate are discouraged; and that cooperation with law enforcement agencies is achieved. The Statement is not a legal document and its implementation will depend on national practice and law. In particular, it should be noted that in some countries banks may be subject to additional more stringent[13] legal regulations in this field and the Statement is not intended to replace or diminish tho requirements. Whatever the legal position in different countries, the Committee considers that the first and most important safeguard against money-laundering is the integrity of banks’ own managements and their vigilant[14] determination to prevent their institutions becoming associated with criminals or being ud as a channel for money-laundering. The Statement is intended to reinforce tho standards of conduct.

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