_________________________________________________________

Links:

Worldwide AML Legislation (International Bar Association)

Financial Analytical Unit
 
Higher Risk
 
Medium Risk
 
Info n/a
 
Lower Risk
Sanctions:

As a member of the EU, the country is party to all EU Sanctions
as well as UN sanctions.

____________________________________________________

Offshore Jurisdiction Blacklists:

Information unavailable.

____________________________________________________

US State Department Money Laundering Report - 2011:

The Czech Republic is a small, open, export-oriented economy.
However, the Czech Republic’s central location in Europe and its
status as a market economy leave it vulnerable to money
laundering. The economy is still heavily cash-based despite the
development of modern payment techniques, and cash
transactions in some sectors enable the mixing of criminal
proceeds with legitimate profits. Various forms of organized crime
(narcotics trafficking, trafficking in persons, fraud, counterfeit
goods, embezzlement, and smuggling) are the primary sources of
laundered assets in the country. Other sources of criminal
proceeds include criminal offenses against property, insurance
fraud, and credit fraud.

Domestic and foreign organized crime groups target Czech
financial institutions for laundering activity, most commonly by
means of financial transfers through the Czech Republic. Links
between organized crime and money laundering are present
mainly in the activities of foreign groups, in particular from the
former Soviet republics, the Balkan region, and Asia.

The Czech Republic is home to a significant black market for
smuggled cigarettes and other tobacco products, as well as
pirated products from Asia, including CDs, DVDs, and counterfeit
designer goods. The Czech Customs Administration has found
that Asian criminal groups use a portion of the illegal funds from
contraband smuggling for the purchase of real properties, which
they then use for business activities. There are ten free trade
zones operating in the Czech Republic, but Czech authorities do
not consider them a money laundering vulnerability.

Banks, investment companies, real estate agencies, currency
exchange offices, casinos, and other gaming establishments have
all been used to launder criminal proceeds. Aspects of the
gambling industry and the way it is regulated have been
highlighted in the past as vulnerable to money laundering, as has
the widespread use of freely transferable bearer shares among
Czech companies. Bearer shares pose an obstacle to law
enforcement during financial investigations and obscure true
ownership.

DO FINANCIAL INSTITUTIONS ENGAGE IN CURRENCY
TRANSACTIONS RELATED TO INTERNATIONAL NARCOTICS
TRAFFICKING THAT INCLUDE SIGNIFICANT AMOUNTS OF US
CURRENCY; CURRENCY DERIVED FROM ILLEGAL SALES IN
THE U.S.; OR THAT OTHERWISE SIGNIFICANTLY AFFECT THE
U.S.: NO

CRIMINALIZATION OF MONEY LAUNDERING:

“All serious crimes” approach or “list” approach to predicate
crimes: All serious crimes

Legal persons/entities covered: criminally: NO civilly: YES

CRIMINALIZATION OF TERRORIST FINANCING:

Ability to freeze terrorist assets without delay: YES

UN lists of designated terrorists or terrorist entities distributed to
financial institutions: YES

(Please refer to the Department of State’s Country Reports on
Terrorism, which can be found here: http://www.state.
gov/s/ct/rls/crt/)

KNOW-YOUR-CUSTOMER RULES:

Covered entities: Banks, currency exchanges, insurance
companies, the Czech Consolidation Agency, the holder of a
postal license, securities dealers and exchanges, gaming
enterprises, attorneys, trusts and company service providers,
realtors, notaries, accountants, tax advisors, auditors, pawnshops
and dealers of secondhand goods, including vehicles, and of
precious metals and stones

Enhanced due diligence procedures for PEPs: Foreign: YES
Domestic: NO

SUSPICIOUS TRANSACTION REPORTING REQUIREMENTS:

Covered entities: Banks, currency exchanges, insurance
companies, the Czech Consolidation Agency, the holder of a
postal license, securities dealers and exchanges, gaming
enterprises, attorneys, trusts and company service providers,
realtors, notaries, accountants, tax advisors, auditors, pawnshops
and dealers of secondhand goods, including vehicles, and of
precious metals and stones

Number of STRs received and time frame: 1,711 in 2010

Number of CTRs received and time frame: Not applicable

MONEY LAUNDERING CRIMINAL
PROSECUTIONS/CONVICTIONS:

Prosecutions: 44 in 2010

Convictions: 16 in 2009

Assets forfeited: criminally: Not available civilly: Not available

RECORDS EXCHANGE MECHANISM:

With U.S.: YES

With other governments/jurisdictions: YES

The Czech Republic is a member of the Council of Europe’s
Select Committee of Experts on the Evaluation of Anti-Money
Laundering Measures (MONEYVAL), a Financial Action Task
Force-style regional body. Its most recent mutual evaluation can
be found here: http://www.coe.
int/t/dghl/monitoring/moneyval/Countries/Czech_en.asp

ENFORCEMENT AND IMPLEMENTATION ISSUES AND
COMMENTS:

Despite an environment of fiscal austerity in which most
government ministries are facing significant budget cuts, the
Financial Intelligence Unit (FIU) and the Police Unit for Combating
Corruption and Financial Crimes, two of the Czech Republic’s key
bodies for combating money laundering, are seeing their budgets
and staff increased, signaling the importance the current
government places on combating financial crimes. With the
additional staff they will gain, the police plan to focus on
increasing the volume of seized assets, which have remained
steady on an annual basis. While the additional resources should
contribute to the quality of the unit’s investigative work, the unit
faces instability in terms of leadership. Since 1991 the Unit for
Combating Corruption and Financial Crimes has had eight
directors, four of them within the past four years. Maintaining the
unit’s stability at the director level would improve operations and
should be a goal of Czech authorities.

The new Criminal Code, which came into force on January 1,
2010, simplifies the definition of money laundering and decreases
evidence requirements. The new definition removes the previous
clause addressing the perpetrator’s intent; consequently, it is no
longer necessary to prove the intention of the perpetrator, which
should assist prosecutors in obtaining convictions. The new
criminal code also imposes tougher sentences for money
laundering and criminalizes the legalization of criminal proceeds
by negligence. As of December 2010, the Czech Government is
considering a measure that would introduce the criminal liability of
legal entities.

CZK 1.31 billion (approximately $69 million) was forfeited in 2009;
however, stand-alone statistics exclusive to assets forfeited in
money laundering cases are not available.

The Czech Republic permits bearer shares, which are widely used
by Czech companies; thus there is not an adequate level of
reliability of registered information and of ownership transparency.
Although know your customer rules require companies to provide
financial institutions with evidence of the identities of beneficial
owners holding more than a 25% stake in the company, the
reliability of company-provided data is in some cases
questionable. Law enforcement personnel acknowledge that
bearer shares are obstacles in their financial investigations
because they obscure true ownership. Czech government officials
suggest that until the EU abolishes them throughout its territory,
individual countries, including the Czech Republic, are unlikely to
ban them. About 51% of Czech companies reportedly issue
bearer shares.

The gambling industry in the Czech Republic is also potentially
vulnerable to money laundering. The Czech gaming industry is
represented by a powerful lobby and has succeeded in blocking
most new regulation of the sector during the past twenty years.
Casinos file a relatively small number of STRs. Other gaming
entities, including bars and restaurants with electronic games and
slot machines, are not considered obliged entities and
consequently are not subject to the Anti-Money Laundering Act
(AMLA) requirements. Without robust oversight and the
applicability of the AMLA to all gaming establishments, the
potential exists for money laundering to become more significant
in the gaming sector.

The Government of the Czech Republic should ratify the UN
Convention against Transnational Organized Crime and the UN
Convention against Corruption.

____________________________________________________

US State Dept Narcotics Report 2011 (introduction):

No report available

____________________________________________________

US State Dept Trafficking in Persons Report 2011
(introduction):

(Tier 2)

The Czech Republic is a source, transit, and destination country
for women who are subjected to forced prostitution, and a source,
transit, and destination country for men and women subjected to
forced labor. Women from the Czech Republic, Slovakia, Ukraine,
Russia, Romania, Bulgaria, Vietnam, Mongolia, Nigeria,
Honduras, and Brazil are subjected to forced prostitution in the
Czech Republic and also travel through the Czech Republic en
route to other European countries, including Austria, Germany,
Switzerland, Greece, Finland, and the Netherlands, where they
are subjected to forced prostitution. NGOs reported that Roma
individuals were more vulnerable to trafficking within the country
than other Czech citizens. In the past year, men and women from
Russia, Ukraine, Kazakhstan, Kyrgyzstan, Uzbekistan, Bulgaria,
Romania, Vietnam, China, India, Mongolia, Georgia, and Belarus
are subjected to forced labor in the construction, forestry,
agricultural, manufacturing, and service sectors in the Czech
Republic. Independent contractors, operating under a weak
regulatory structure, recruited hundreds of foreign workers for
labor in state forests and for seasonal employment in
manufacturing; the contractors often confiscated the workers’
passports, forced them to live in substandard conditions, and
withheld pay, indicators of potential forced labor. Foreign workers,
particularly those from Vietnam, are heavily indebted to labor
agencies in their home countries leaving them vulnerable to
trafficking; while the workers are in the Czech Republic, the
agencies threaten the workers and their families back in Vietnam
if the workers attempt to leave or complain about conditions in the
Czech Republic. A small number of men and women from the
Czech Republic are subjected to conditions of forced labor in the
United Kingdom.

The Government of the Czech Republic does not fully comply with
the minimum standards for the elimination of trafficking; however,
it is making significant efforts to do so. Two high profile cases of
labor trafficking in 2010 revealed serious problems in the
government’s response to labor trafficking. Through its failure to
adequately control or regulate employment agencies recruiting
low-skilled laborers for work in the Czech Republic, the
government has tolerated an enabling environment for the
exploitation and forced labor of migrants, including on state land.
NGOs reported that Czech authorities failed to implement victim
identification procedures sufficiently to identify victims of labor
trafficking. Nevertheless, the government continued to offer
identified victims of trafficking a generously funded assistance
program. The Ministry of Interior continued to produce excellent
analysis and reports on trafficking in persons. Efforts by multiple
parts of the government resulted in the successful prosecution of
perpetrators and protection of victims of sex trafficking.

For full report click here

____________________________________________________

US State Dept Terrorism Report 2009

The Czech Ministry of Interior’s office with primary responsibility
for counterterrorism analysis, the National Contact Point for
Terrorism (NCPT), concluded that there was no acute risk of a
terrorist incident, but assessed that the overall security situation
in the Czech Republic was unpredictable. The NCPT is the
Ministry of Interior’s lead office for collecting and analyzing law
enforcement data related to terrorism. A relatively new
organization, the NCPT continued to recruit and train needed
personnel, and to establish reporting protocols within the Czech
National Police to ensure effective and timely dissemination of
information. The NCPT determined that the country’s membership
in NATO and the EU, and its military presence in Afghanistan,
made it a potential target for an attack. Czech law enforcement
officials also remained vigilant for signs that the country was being
used as a logistical or staging base for potential terrorist attacks
within Europe.

The NCPT perceived an emerging risk in a possible connection
between increasingly violent right-wing extremism and terrorism. In
October, a group of 10 individuals was arrested by the Czech
National Police on suspicion of preparing to conduct a terrorist
attack, possibly directed against an infrastructure facility such as
a power plant. These individuals were members of the illegal right-
wing extremist organization White Justice, which declared itself to
be a militant neo-Nazi group. Evidence indicated that members of
the group were conducting military training camps to teach small-
unit military tactics. There were no other arrests related to
terrorism in 2009.

The Czech government’s overall efforts against terrorism are
established in its “National Counterterrorism Action Plan for 2007-
2009”. This strategic document set goals in four areas: improving
communication and coordination between intelligence and law
enforcement agencies; protecting the public and critical
infrastructure; preventing the isolation and radicalization of
immigrant communities; and conducting foreign policy to counter
international terrorism. In October, after receiving the Ministry of
Interior’s evaluation of the effectiveness of the 2007-2009 Plan,
the Czech National Security Council tasked the Ministry of Interior
to prepare a new plan for the period 2010-2011.

The Ministry of Finance’s Financial Analysis Unit and the Customs
Service cooperated with the NCPT to combat terrorist financing.
The NCPT has a public website with an anonymous Internet
hotline.

The Czech Republic actively participated in the counterterrorism
and nonproliferation efforts of multilateral bodies such as NATO,
the EU, and the UN. The country’s bilateral cooperation with the
United States was also close. The NCPT characterized the level
and quality of cooperation it received from U.S. agencies and law
enforcement offices as exceptionally good and very successful.

The Czech parliament approved an ongoing deployment of up to
nearly 540 military personnel in Afghanistan. The Czech Ministry
of Defense also slightly increased the size of its Provincial
Reconstruction Team of civilian experts in Afghanistan’s Logar
Province.
Tables & Rankings
Are there Sanctions in force against it? (UN/EU/US)
N
?
Is it on FATF list of non-cooperative countries?
N
?
Is it on OECD list of uncooperative Tax Havens?
N
?
OECD - Implementation status of Tax Standard
White
?
Is it on EU 'white' list of equivalent jurisdictions?
EU
?
Offshore Finance Center (Original IMF List)?
N
?
Is it on the US Secretary of Treasury list of jurisdictions of
Primary Money Laundering concern?
N
?
Is it on the US Secretary of State list of jurisdictions
identified to be supporters of International Terrorism?
N
?
Is it on US Department of State International Narcotics
Control Majors List?
N
?
US Dept of State Money Laundering assessment (INCSR)
C
?
Government Actions (For further info see INCRS below):
 
?
-  Criminalized Drug Money Laundering?
Y
 
-  Criminalized Beyond Drugs?
Y
 
-  Record Large Transactions?
N
 
-  Maintain Records Over Time?
Y
 
-  Report Suspicious Transactions?(NMP)?
Y
 
-  Egmont Financial Intelligence Units?
Y
 
-  System for Identifying/Forfeiting Assets?
Y
 
-  Arrangements for Asset Sharing?
Y
 
-  Cooperates with International Law Enforcement?
Y
 
-  International Transportation of Currency?
Y
 
-  Ability to Freeze Terrorist Assets w/o Delay?
Y
 
-  Disclosure Protection "Safe Harbor"?
Y
 
-  Criminalized Financing of Terrorism?
Y
 
-  States Party to 1988 UN Convention?
Y
 
-  International Terrorism Financing Convention?
Y
 
 
Ranking
2011
Ranking
2010
 
Corruption (Transparency International)
57 (out of
183)
53 (out of
178)
?
Ease of doing business (World Bank)
64 (out of
183)
63 (out of
183)
?
FATF 40 + 9 recommendations
Mutual Evaluation Report: 2008
Further Tables
C
L
P
N
N/A
    C  -  Fully Compliant ,   
    L  -  Largely Compliant,    
    P  -  Partially Compliant    
    N  -  Non-Compliant
5
18
18
6
2
Legal Systems
 
1. Money Laundering Offence
P
 
14. Protection & no tipping-off
L
2. ML offence – mental element and
corporate liability
P
 
15. Internal controls,
compliance & audit
P
3. Confiscation and provisional
measures
P
 
16. DNFBP – R.13-15 & 21
P
4. Secrecy laws consistent with the
Recommendations
L
 
17. Sanctions
P
5. Customer due diligence
P
 
18. Shell banks
L
6. Politically exposed persons
N
 
19. Other forms of reporting
C
7. Correspondent banking
L
 
20. Other NFBP & secure
transaction techniques
L
8. New technologies & non
face-to-face business
P
 
21. Special attention for
higher risk countries
P
9. Third parties and introducers
N/A
 
22. Foreign branches &
subsidiaries
N
10. Record keeping
L
 
23. Regulation, supervision
and monitoring
P
11. Unusual transactions
P
 
24. DNFBP - regulation,
supervision and monitoring
N
12. Designated Non-Financial
Businesses and Professions – R.5,
6, 8-11
N
 
25. Guidelines & Feedback
N
13. Suspicious transaction reporting
L
     
Institutional and other
measures
 
26. The FIU
L
 
31. National co-operation
P
27. Law enforcement authorities
C
 
32. Statistics
L
28. Powers of competent authorities
C
 
33. Legal persons – beneficial
owners
N
29. Supervisors
C
 
34. Legal arrangements –
beneficial owners
N/A
30. Resources, integrity and training
L
 
 
 
International Co-operation
 
35. Conventions
P
 
38. MLA on confiscation and
freezing
L
36. Mutual legal assistance (MLA)
L
 
39. Extradition
L
37. Dual criminality
C
 
40. Other forms of
co-operation
L
Nine Special
Recommendations
 
SR.I Implement UN instruments
P
 
SR VI AML requirements for
money/value transfer services
P
SR.II Criminalise terrorist financing
P
 
SR VII Wire transfer rules
L
SR.III Freeze and confiscate terrorist
assets
P
 
SR.VIII Non profit
organisations
P
SR.IV Suspicious transaction
reporting
L
 
SR.IX Cross Border
Declaration & Disclosure
L
SR.V International co-operation
L
 
 
 
*Please note that FATF deems that a country has significant aml deficiencies if any
of the 'Core' Recommendations, R1, R5, R10, R13, SRII, or SRIV are rated either
Partially of Non-Compliant. These are marked in red.

For FATF to remove a country from the regular follow-up process, it has to be rated
Compliant or Largely Compliant in the above mentioned Core Recommendations
and the following Key Recommendations: -        

R3, R4, R23, R26, R35, R36, R40, SRI, SRIII, SRV

Please also note that any risk assessment should take into consideration all
follow-up reports.
CZECH REPUBLIC
KnowYourCountry
-  Know Your Customer Provisions
Y
 
-  Criminalized Tipping Off?
Y
 
-  Report Suspected Terrorist Financing?
Y
 
-  State Party to United Nations TOC?
N
 
-  State Party to United Nations CAC?
N
 
Local AML News / Sanctions
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Last Updated:   16 April 2012