2011年-IMF国际货币组织全球_Albania_Report_on_Observance_of_Standards_and_Codes_15页_524kb

报告摘要

Summary of the FATF AML/CFT ROSC Report for Albania (2011)

Core Content

This report evaluates Albania's compliance with the FATF 40+9 Recommendations for Anti-Money Laundering (AML) and Combating the Financing of Terrorism (CFT). It was prepared by the International Monetary Fund (IMF) and reflects the findings of a 2010 assessment mission, with additional information provided by Albanian authorities. The report outlines key findings, legal system improvements, and recommendations for strengthening Albania's AML/CFT framework.

Main Findings

Money Laundering (ML) Risk: Albania has made progress in combating ML, but the risk remains high due to its history of organized crime, a large informal cash-based economy, and vulnerabilities in sectors like illegal gambling and exchange bureaus.
Terrorist Financing (TF) Risk: Albania has taken some steps to address TF, including freezing assets and expelling individuals linked to terrorism. However, its legal framework for TF is not fully aligned with FATF standards.
Criminalization of ML and TF: Albania has criminalized ML in line with international standards but has few convictions. Its TF provisions are improved but still fall short of the FATF and UN FT Convention requirements.
FIU Functionality: The Financial Intelligence Unit (FIU) has improved its analytical processes and reporting quality, but its independence and operational clarity need enhancement.
DNFBP Supervision: Designated non-financial businesses and professions (DNFBPs) have not fully implemented preventive measures due to lack of guidance and understanding.
Legal Person and NPO Transparency: While there are improvements in transparency for legal persons, the legal framework for Non-Profit Organizations (NPOs) is inadequate, particularly in beneficial ownership disclosure.
Domestic and International Cooperation: Albania has good domestic cooperation mechanisms, but international cooperation between supervisory agencies and law enforcement remains underutilized.

Key Recommendations

FATF Recommendation	Key Assessor Recommendations
1. Legal System and Related Institutional Measures	- Enact provisions to cover self-laundering, insider trading, and market manipulation. <br> - Amend the Criminal Code (CC) to ensure full coverage of ML and TF activities. <br> - Provide training to courts, prosecutors, and judicial police. <br> - Utilize existing provisions more effectively.
2. Criminalization of Terrorist Financing	- Amend the FT criminalization provisions to apply to both actual and attempted terrorist acts. <br> - Clarify the definition of "funds" and ensure coverage of all financing actions. <br> - Remove the intent requirement for certain actions. <br> - Adjust the purpose of the provision to include compelling governments, not just governmental agencies.
3. Confiscation, Freezing, and Seizing of Proceeds of Crime	- Enhance the legal framework for asset recovery through improved legislation and use of civil proceedings. <br> - Include corruption as an offense under the Organized Crime Law. <br> - Establish a national registry of bank accounts accessible by law enforcement. <br> - Provide training to the judiciary and prosecutors on asset recovery procedures.
4. Freezing of Funds for Terrorist Financing	- Revise the SFT Law to allow the Council of Ministers to designate individuals under UNSCR 1373. <br> - Enable affected persons to challenge their designation or freeze. <br> - Implement secondary provisions to address subsistence and other expenditures. <br> - Continuously update the domestic list and provide legal mechanisms for automatic incorporation of the UNSCR 1267 list. <br> - Offer guidance to the private sector and the public.
5. Financial Intelligence Unit (FIU) and its Functions	- Expand the FIU's authority to request non-financial information. <br> - Clarify the FIU's responsibilities to exchange information with non-law enforcement entities. <br> - Improve strategic analytical capacity by identifying ML/FT trends. <br> - Enhance IT systems to prioritize STRs and detect suspicious transaction patterns. <br> - Specify the FIU's autonomy and independence in legislation.
6. Law Enforcement and Prosecution	- Conduct targeted training for the judiciary on ML and proceeds of crime. <br> - Amend interception provisions to remove the five-day notice requirement to defense counsel.
7. Cross-Border Declaration Requirements	- Define "bearer negotiable instruments" in line with FATF standards. <br> - Improve Customs access to information through TIMS and interconnection of databases. <br> - Require sanctions for false or inaccurate declarations.

Conclusion

Albania has made notable progress in implementing AML/CFT measures, but significant gaps remain in legal coverage, implementation effectiveness, and institutional independence. Strengthening the legal framework, improving supervision of DNFBPs, enhancing the FIU's operational independence, and increasing the capacity of law enforcement and the judiciary are essential for further progress. The report emphasizes the need for better coordination between domestic and international agencies, as well as the importance of proactive measures to address the risks posed by the informal economy and NPOs.

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