Full text: Tax crime as predicate offence to money laundering

in their country of tax residence. In order to do that, the clients had to receive detailed information on 
their assets held by these financial institutions and DNFBPs, who were more than willing to provide 
such information. This may change with the introduction of tax crimes as predicate offences to ML in 
the countries where the financial institutions and DNFBPs are domiciled. Why? Once the tax crime 
committed by the client is a predicate offence to ML in the country of domicile of the financial institu- 
tion/DNFBP, the latter is not just running the risk of being an accessory to the tax crime of the client, 
but also of being regarded as potential money launderer by the prosecutor of his own country of domi- 
cile. This may have a significant inhibitory effect on the willingness of the financial institution or 
DNFBP to motivate their clients to file a voluntary disclosure. 
4.5 Will the FIUs become the long arm of the tax administration? Or have they al- 
ready in certain countries? 
What criteria might be useful to assess whether a FIU has become the long arm of the tax authority or 
not? Probably the percentage of reports received by the FIU in question that are related to tax crimes 
as predicate offences to ML. 
Of all the SARs and STRs the German FIU has received in 2014, 7 % were triggered by the suspicion 
of a tax crime as predicate offence to ML". This is the 3" biggest share in the total number of reports. 
The Austrian FIU received 54 tax related SARs in 2014, when the total number of SARs was 2301, 
leading to a 2.396 share of tax related SARs.? 
The number of SARs the Belgian FIU received with serious fiscal fraud as predicate offence to ML 
has increased from 59 in 2012 to 84 in 2014, leading to a share of 7.43 96 of the total in 2014."' 
Of the 464 files the French FIU transferred to the judiciary in 2014, 144 were categorised as having 
tax fraud or related offences as predicate offence to ML.'? This means that almost a third (32.22 96) of 
all files forwarded by the FIU to the judiciary in France in 2014 were based on tax fraud or related 
offences as predicate offences to ML. 
  
1? The annual reports of the German FIU are available in German and English from 
http://www.bka.de/nn_205932/DE/Publikationen/JahresberichteUndLagebilder/FIU/fiu__node.html? _nnn=true, 
accessed on April 3, 2016. 
220 The annual reports of the Austrian FIU are available in German from 
http://www.bmi.gv.at/cms/BK/publikationen/Statistiken Geldwsc.aspx, accessed on April 10, 2016. 
?! The annual reports of the Belgian FIU are available in English, French and Dutch from htip://www.ctif- 
cfi.be/website/index.php?option=com content&view=article&id=206&Itemid=76&lang=en, accessed on April 
10, 2016. 
7? The annual reports of the French FIU are available in French from 
http://www.economie.gouv.fr/tracfin/rapports-annuels, accessed on April 10, 2016. 
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