Ministers' Deputies / Rapporteur Groups

GR-J
Rapporteur Group on Legal Co-operation

GR-J(2011)6      15 March 20111



Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL) –

Request by the Holy See to participate in the evaluation procedure

Item to be considered by the GR-J at its meeting on 5 April 2011



Background information

1. The Holy See has applied in writing to the Secretary General with a request to be subject to the mutual evaluation procedures of MONEYVAL. A copy of the letter of application of 24 February 2011, received from H.E. Cardinal Tarcisio BERTONE, Secretary of State at the Vatican, is annexed, together with the Secretary General’s reply.

2. Pope Benedict XVI issued on 30 December 2010 an Apostolic Letter for the “prevention and countering of illegal activities in the area of monetary and financial dealings”, bringing into force a Law concerning the prevention and countering of the laundering of proceeds from criminal activities and of the financing of terrorism in the Vatican City State, and applying the Law also to the Holy See.

3. The Holy See has expressed its commitment to adopt the anti-money laundering and countering the financing of terrorism (AML/CFT) international principles and standards and wishes to join the global network of bodies evaluating the implementation of AML/CFT measures and submit to evaluation. The Holy See applies to participate fully in the Council of Europe’s Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL), which, as Associate Member of the Financial Action Task Force (FATF), is a key partner in the global network of assessment bodies in this area.

4. The Holy See is not a member of the FATF and has in its letter to the Secretary General undertaken to meet the other relevant requirements in order to fully participate in MONEYVAL’s mutual evaluation processes and procedures, as set out under the latter’s Statute.

5. The Holy See’s contribution to MONEYVAL’s costs can be agreed separately.

6. The Deputies are invited to approve a resolution authorising the Holy See’s application, so that an early evaluation can take place, and to request that the Holy See contributes to the costs of MONEYVAL’s work in a sum or sums to be agreed.

***

DRAFT DECISION

1111th meeting – 6 April 2011

Item 10.3

Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL) – Request by the Holy See to participate in the evaluation procedure

(GR-J(2011)6)

Decision

The Deputies adopted Resolution CM/Res(2011)… on the Participation of the Holy See (including the Vatican City State) in the mutual evaluation processes and procedures of the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL), as it appears in Appendix… to the present volume of Decisions, which will enter into force with immediate effect.

***

Appendix ..

(Item 10.3)

Draft Resolution CM/Res(2011)… on the Participation of the Holy See (including the Vatican City State) in the mutual evaluation processes and procedures of the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL)

(Adopted by the Committee of Ministers on … … 2011,

at the … meeting of the Ministers’ Deputies)

The Committee of Ministers,

Recognising the importance of the fight against money laundering, the financing of terrorism and other forms of serious proceeds-generating crimes for the purpose of which the Council of Europe has adopted a variety of instruments, in particular the 1990 Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (ETS No. 141) and the 2005 Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (CETS No. 198);

Having regard to Resolution CM(2010)12 on the Statute of the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL) adopted by the Committee of Ministers on 13 October 2010 and to the status of the Council of Europe/MONEYVAL since June 2006 as an associate member of the Financial Action Task Force (FATF);

Underlining the importance of MONEYVAL as a leading international partner in the global network of anti-money laundering and combating the financing of terrorism (AML/CFT) assessment bodies and its role in strengthening the global AML/CFT network;

Bearing in mind the status enjoyed by the Holy See with the Council of Europe since 1970, enshrined in a decision taken by the Deputies at their 255th meeting (8-9 March 1976), and recalling the decisions authorising the Permanent Observer of the Holy See to attend meetings of the Committee of Ministers and enjoy observer status in committees and subsidiary groups;

Considering that the Holy See’s request to be subject to the mutual evaluation procedures of MONEYVAL must be seen in the light of the unique character of the Holy See (including the Vatican City State):

1. agrees to the request by the Holy See (including the Vatican City State) to participate fully in the evaluation processes of MONEYVAL and be subject to its procedures;

2. decides that the provisions of MONEYVAL’s Statute applicable to non-member states of the Council of Europe which are subject to evaluation by MONEYVAL shall apply mutatis mutandis to the Holy See (including the Vatican City State), while taking into account in this context the unique status of the Holy See (including the Vatican City State);

3. requests that the Holy See shall contribute to the costs of MONEYVAL in a sum or sums to be agreed.

Appendix

1 This document has been classified restricted at the date of issue; it will be declassified in accordance with Resolution Res(2001)6 on access to Council of Europe documents.



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