/ YES / NO / DRAFT / IN FORCE / PROPOSED /
CREATION OF A CRIMINAL OFFENCE(A.1-C.1) / ü / ü / Law Against Drug Activity (Ley contra la Narcoactividad), Decree No. 48/92 of September, 1992, Arts. 45 and 46 (only addresses laundering in the context of proceeds of drug offences) / A draft bill on money laundering has been presented to the national congress which criminalizes money laundering and related offences and specifies that these are “serious crimes”
`FORFEITURE A.2.b (i) / ü[1] / ü / Provided for in the above-mentioned bill on money laundering
FINANCIAL INFORMATION (sharing of information by competent authorities (A. 3 .a (i)) / ü / ü / Law Against Drug Activity (Ley contra la Narcoactividad), Decree No. 48/92 of September, 1992, Arts. 56, 58 and 63 / Provided for in the above-mentioned bill on money laundering
FINANCIAL INFORMATION(authorization of financial institutions to provide information to authorities on their clients (C.2. a (i )) / ü / ü / Law Against Drug Activity (Ley contra la Narcoactividad), Decree No. 48/92 of September, 1992, Arts. 45 and 58 / Provided for in the above-mentioned bill on money laundering
FINANCIAL INFORMATION( information exchange between courts/ authorities pursuant to international agreements (a.3.b(i)- C.2.b (i)) / ü[2] / ü / With Venezuela / Approval of the Draft Central American Convention to Oppose Money Laundering Offences is under consideration
FINANCIAL INFORMATION (direct information exchange through international agreements) ( C.11.)) / ü / ü / Proposed agreements with Chile and the Draft Central American Convention to Oppose Money Laundering Offences
LEGAL ASSISTANCE, (government authorized to respond to requests for legal assistance from other governments ) (C.6.)) / ü / With Costa Rica, El Salvador, Honduras, Nicaragua and Panama
LEGAL ASSISTANCE (government authorized to exchange evidence and information in money laundering investigations/prosecutions and for asset forfeiture (C.12.)) / ü / Plan of Action among the Heads of Government of Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama and Mexico
SHARING OF FORFEITED ASSETS (C.7.) / ü / ü / Approval of the draft Central American Convention to oppose Money Laundering is under consideration
INVESTIGATIVE TECHNIQUES (C.8.) / ü
FINANCIAL TRANSACTION RECORDS (requirement to keep and maintain clear and complete records (C.10)) / ü / ü / Provided for in the above-mentioned bill on money laundering
EVALUATION AND RECORD-KEEPING (basis or forum for evaluating funds transfer systems and, on the basis of the evaluation, record-keeping measures for f.i.’s and wire transmitters (D.6)) / ü / ü / Provided for in the above-mentioned bill on money laundering
EXTRADITION (C.13.) / ü / Plan of Action among the Heads of Government of Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama and Mexico
SUSPICIOUS TRANSACTION REPORTING (D.2.) / ü[3] / ü / Provided for in the above-mentioned bill on money laundering
LARGE TRANSACTION RECORDING/REPORTING (D.3.) / ü[4] / ü / Provided for in the above-mentioned bill on money laundering
REGULATORY/OVERSIGHT AGENCIES (authority to supervise and impose administrative sanctions (D.4.)) / ü / ü / Provided for in the above-mentioned bill on money laundering
ANALYSIS AND EVALUATION OF ANTI-MONEY LAUNDERING LAWS AND OF MONEY LAUNDERING METHODS (D.5.) / ü / ü / Provided for in the above-mentioned bill on money laundering. This could be included within the functions of the Division of Financial Investigation
NATIONAL FORFEITURE FUND (E.2) / ü / Law Against Drug Activity (Ley contra la Narcoactividad), Decree No. 48/92 of September, 1992, Art. 18 / Provided for in the above-mentioned bill on money laundering
CENTER FOR THE COLLECTION, ANALYSIS AND SHARING OF INFORMATION (related to money laundering (E.3)) / ü / ü / Provided for in the above-mentioned bill on money laundering. This could be included within the functions of the Division of Financial Investigation
TRAINING (E.5) / ü[5]
[1] Even though the question was replied in the negative, Decree No. 48/92 , “Law Against Drug Activity” provides in article 18 for the forfeiture (“comiso”) of proceeds of the offence.
[2] The response was in the affirmative for question A.3. b (i) but negative for question C.2.b (i), although both questions address the same subject matter.
[3] Regulation of the Monetary Board. Resolution JM-191-2001 of April 25, 2001. Art. 6(f) and Art. 18 requires the agencies to provide documentary information to the superintendency in a period of no more than 10 days after having detected the suspicious transaction.
[4] Regulation of the Monetary Board. Resolution JM-191-2001 of April 25, 2001. Art. 15 provides that a special registry be kept for transactions over $50,000 US in one day.
[5] The regulation to prevent and detect money laundery (resolution of the Superintendency of Banks) provides under Art. 8 that each supervised institution plan and execute a training program for their personnel. (Resolution JM-191-2001 of April 25, 2001).