Higher Risk
 
Medium Risk
 
Info n/a
 
Lower Risk
Bilateral exchange of information
Agreements in place?
    No
Sanctions:

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

____________________________________________________

Offshore Jurisdiction Blacklists:

A decree identifying blacklisted countries and territories was
published in 2001. Cyprus and Malta were removed from the list
when these countries joined the EU. Since 2006, Italian
companies are fully taxable on dividends they receive indirectly
from blacklisted countries even where such dividends flow through
an intermediate company that is not resident in a blacklisted
country.

____________________________________________________

US State Department Money Laundering Report - 2012:

The proceeds of domestic organized crime groups (especially the
Mafia, Camorra, and ‘Ndrangheta) operating across numerous
economic sectors in Italy and abroad compose the main source of
laundered funds. A report from the Italian confederation of trade,
tourism, and service-company operators declared domestic
organized crime as Italy’s largest enterprise. Other major sources
of laundered money are proceeds from tax crimes, smuggling and
sale of counterfeit goods, extortion, and usury. Based on limited
evidence, the major sources of money for financing terrorism
seem to be petty crime, document counterfeiting, and smuggling
and sale of various legal and contraband goods. Italy’s total black
market is estimated to generate as much as 15% of GDP ($310
billion). A sizeable portion of this black market is for smuggled
goods. The proceeds of these sales are often laundered, and
some may be used to finance terrorism. However, the largest
portion of this black market is for tax evasion by otherwise
legitimate commerce. Money laundering and terrorist financing in
Italy occurs in both the formal and the informal financial system,
as well as offshore.

Italy continues to combat the sources of money laundering and
terrorist financing. For example, in his first speech to Parliament,
new Prime Minister Monti announced that fighting tax evasion,
which he said deprives Italy of one-fifth of its GDP, and fighting
organized crime will be high priorities for the new government.

For additional information focusing on terrorist financing, please
refer to the Department of State’s Country Reports on Terrorism,
which can be found here: http://www.state.gov/j/ct/rls/crt/

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 covered: criminally: YES civilly: YES

Know-your-customer (KYC) rules:

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

KYC covered entities: Banks, Italian post office, electronic money
transfer institutions, payment institutions, agents, investment
firms, asset management companies, insurance companies,
agencies providing tax collection services, stock brokers, financial
intermediaries, trust companies, lawyers, accountants, auditors,
and casinos

Suspicious Transaction Reporting (STR) Requirements:

Number of STRs received and time frame: 23,816 for January
through June 2011

Number of CTRs received and time frame: Not applicable

STR covered entities: Banks, Italian post office, electronic money
transfer institutions, investment firms, asset management
companies, insurance companies, agencies providing tax
collection services, stock brokers, financial intermediaries, trust
companies, lawyers, accountants, commercial assessors,
notaries, auditors, real estate agents, casinos, and high-value
goods dealers

Money Laundering Criminal Prosecutions/Convictions:

Prosecutions: 21 in 2011

Convictions: Not available

Records exchange mechanism:

With U.S.: MLAT: YES Other mechanism: YES

With other governments/jurisdictions: YES

Italy is a member of the Financial Action Task Force (FATF). Its
most recent mutual evaluation can be found here: http://www.fatf-
gafi.org/infobycountry/0,3380,
en_32250379_32236963_1_70522_43383847_1_1,00.html

Enforcement and implementation issues and comments:

In 2011, Italy made the following key legal, regulatory, and policy
changes related to money laundering and terrorist financing:
Parliament passed a law reducing from 5,000 euros to 2,500
euros the threshold above which cash transactions, cash bank
deposits, and cash payments for bearer bonds are illegal; the
Ministry of Interior issued a regulation establishing anomaly
indicators for financial transactions, to facilitate the reporting of
suspicious transactions by several categories of non-financial
businesses and professions; the Bank of Italy, the Italian central
bank, strengthened the required procedures and internal controls
for financial intermediaries, to prevent their involvement in money
laundering and terrorist financing. The Bank of Italy also raised
the standards for data required in STRs, to increase the likelihood
of detecting money laundering and terrorist financing transactions.

Although several of the above actions were intended to increase
the number of STRs filed by non-financial businesses and
professions, since these entities now file less than 1% of the
STRs, Italy must continue to implement measures that will
significantly increase the quality of STRs from all these entities
and the number of STRs from selected categories of these
entities. Italy also must continue to implement measures to
increase the quality and timeliness of the data reported by all
types of entities. In 2010, 37,047 STRs were filed for money
laundering and 274 for terrorist financing.

Although Italy requires that large transactions be reported, these
transactions are reported only in the aggregate.

As in previous years, in 2011 the Guardia di Finanza cooperated
on a number of occasions with various U.S. authorities in
investigations of money laundering, bankruptcy crimes, and
terrorist financing (the Guardia di Finanza is the primary Italian
law enforcement agency responsible for combating financial crime
and smuggling, and is Italy’s primary agency for interdicting drugs,
along with the Carabinieri and the Italian National Police). The
Direzione Centrale per i Servizi Antidroga, a task force comprised
of the Guardia di Finanza, Carabinieri, and the Italian National
Police, also plays a central role in these efforts.

____________________________________________________

US State Dept Narcotics Report 2012 (introduction):

Italy remains an important European transit country for illegal
drugs, owing to its location and powerful criminal organizations.
Southwest Asian heroin arrives in Italy from the Middle East and
the Balkans, while cocaine reaches Italy from South and Central
America. Italy is also Europe’s second largest consumer of
opiates and third largest consumer of cocaine. Synthetic drugs,
hashish and marijuana are also concerns for the Italian
government. While the majority of the narcotics trafficking is
managed by traditional Italian organized criminal groups -- Cosa
Nostra, ‘Ndrangheta, Camorra, and Sacra Corona -- foreign
organized criminal groups have significant presence in Italy as
well.

The majority of the heroin entering into Italy is routed through the
transit countries of Greece, Turkey and Albania. Italian law
enforcement agencies maintain liaison offices in Turkey, Iran,
Afghanistan and Uzbekistan to assist foreign counterparts in
interdicting narcotics from source zones destined for Italy. Foreign
nationals most significantly involved in heroin related offences
within Italy include Tunisians, Moroccans, Albanians, Nigerians,
and Algerians.

The Italian cocaine market is supplied primarily by Colombian
sources with cocaine destined for Italy transiting several countries
including Ecuador, Brazil, Peru, Venezuela, the Dominican
Republic, Spain and the Netherlands. Multi-hundred kilogram
shipments enter Italy via seaports concealed in commercial cargo
as well as private vessels. In 2010, bilateral investigations in Italy
revealed South American cocaine trafficking groups were using
Italy as a transit point for the repatriation of drug proceeds, via
bulk currency shipments, to Colombia and Mexico.

In most cases, the synthetic drugs found in Italy like Ecstasy, K2,
and Spice originate in the Netherlands. The Italian Ministry of
Health is active in identifying new substances and aggressive
legislation has been implemented to control them.

Hashish importation to Italy continues to come predominately from
Morocco through Spain as the principal transit country; the
Netherlands is also a transit country. Marijuana into Italy generally
comes from the Middle East with Albania and Montenegro being
principal transit countries. Marijuana cultivation in Italy is usually
for local consumption. Italy is a party to the 1988 UN Drug
Convention.

For full report click here

____________________________________________________

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

Italy is a destination and transit country for women, children, and
men subjected to sex trafficking and forced labor. Victims
originate from Romania, Nigeria, Morocco, Albania, Moldova,
Russia, Ukraine, Bulgaria, China, and, to a lesser extent, Belarus,
Brazil, Colombia, Kazakhstan, Kyrgyzstan, Pakistan, Bangladesh,
and Ecuador. Romanians and other children from Eastern Europe
continued to be subjected to sex trafficking and forced begging in
the country. A significant number of men continued to be
subjected to forced labor and debt bondage, mostly in the
agricultural sector in southern Italy and the service sectors in the
north of the country. Recruiters or middlemen are often used as
enforcers for overseeing the work on farms in the south;
reportedly they are often foreigners linked to organized crime
elements in southern Italy. Immigrant laborers in the agriculture,
construction, and domestic service sectors and those working in
hotels and restaurants were particularly vulnerable to forced
labor. Forced labor victims originate in Poland, Romania,
Pakistan, Albania, Morocco, Bangladesh, China, Senegal, Ghana,
and Cote d’Ivoire.

The Government of Italy fully complies with the minimum
standards for the elimination of trafficking. The government
provided comprehensive social assistance to identified trafficking
victims and it continued to vigorously prosecute trafficking
offenders. However, the government has yet to adopt national
procedures for the identification and referral of victims throughout
Italy. Furthermore, NGOs remain concerned that the government’
s focus on the expedited return of illegal migrants and foreign
women in street prostitution resulted in trafficking victims not
being identified by authorities and therefore being treated as law
violators and being penalized for unlawful acts committed as a
direct result of being trafficked. During the reporting period, the
country’s prime minister was investigated for facilitating child
prostitution.

For full report click here

____________________________________________________

US State Dept Terrorism Report 2010

Overview: Italy continued aggressively to investigate and
prosecute terrorism suspects, dismantle terrorist-related cells
within its borders, and maintained high-level professional
cooperation with its international partners in all areas. Terrorist
activity by anarchists and other violent extremists remained a
threat.

2010 Terrorist Incidents: On December 23, letter bombs exploded
in the Swiss and Chilean embassies in Rome, wounding two. On
December 27, police defused a parcel bomb that was delivered to
the Greek embassy. A group called the Informal Anarchist
Federation claimed responsibility. On December 29, two small
explosive devices caused minor damage to the Northern League
party office in the town of Gemonio, province of Varese, near the
residence of Northern League party leader and Minister for
Federalism Umberto Bossi.

Legislation and Law Enforcement: The Italian Civil Aviation
Authority (ENAC) began a pilot program testing the use of body
scanning devices at four airports. After initial results raised
concerns about privacy and accuracy, ENAC began collaborating
with the U.S. Transportation Security Administration to identify
software that will address the concerns.

The Italian government continued to make use of reinforced
counterterrorism legislation enacted in 2005, which facilitated
detention of suspects, mandated arrest for crimes involving
terrorism, and expedited procedures for expelling persons
suspected of terrorist activities.

Italy participated in the Container Security Initiative. On March 29,
the U.S. Ambassador to Italy and Italian Customs Agency Director
signed a Memorandum of Understanding launching the
Megaports Initiative to deploy nuclear material scanners in Italian
ports.

Law enforcement actions in 2010 included:

* On February 25 and 27, 12 Turkish nationals and an Italian were
arrested in Venice and Modena. They were accused of training
individuals to fight for the Kurdistan Workers’ Party.
* On July 6, a Monza court acquitted two Moroccans, Abdelkader
Ghafir and Rahid Ilhami, arrested in December 2008 and charged
with international terrorism. They had been accused of allegedly
supporting al-Qa'ida and planning violent attacks in Italy. Rahid
Ilhami was sentenced to 19 months in jail for abetting illegal
immigration.
* On July 8, a Milan court sentenced 15 Tunisians, Algerians, and
Moroccans to prison terms between six months and eight and a
half years for international terrorism. Their Milan-based cell
recruited followers, maintained contacts with foreign extremists,
and planned to send suicide bombers to Iraq and Afghanistan.
Ten other persons were acquitted.
* On July 9, Mohammed Game, who attempted a suicide attack
against an Italian army barracks in Milan in October 2009, was
sentenced to 14 years in prison and fined 100,000 euros (US$
142,000). His accomplice, Mahmoud Abdelaziz Kol, received a
four-year sentence, while another accomplice, Mohamaed
Imbaeya Israfel, awaited trial.
* On October 2, police arrested Ryad Hannouni in Naples after
tips from French police. Hannouni was reported to have traveled
from near the Pakistan-Afghanistan border and to have carried
bomb-making materials on his person when arrested. On
November 29, he was transferred to France on a European arrest
warrant.

Countering Terrorist Finance: Italy worked closely with the United
States on anti-money laundering and information sharing, and
cooperated with other foreign governments as an active member
of the Financial Action Task Force and the Egmont Group. Italy
also participated in the UNSCR 1267 process, both as a
sponsoring and co-sponsoring nation.

Regional and International Cooperation: Italy supported
counterterrorism efforts through the G8 Lyons-Roma Group
(including capacity building through the Counterterrorism Action
Group), OSCE, NATO, the UN, and the EU. Italy contributed
personnel to various regional training centers, such as the South
East Asia Regional Centre on Counterterrorism in Malaysia, the
Joint Centre on Law Enforcement Cooperation in Indonesia, and
the African Union's Anti-Terrorism Centre in Algeria.

Countering Radicalization and Violent Extremism: The Ministry of
Justice Penitentiary Police started a non-governmental
organization-administered counter-radicalization program placing
moderate imams in the three prisons where Muslims convicted of
terrorism are incarcerated.
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)
PC
?
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 Free 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)
69 (out of
183)
67 (out of
178)
?
Ease of doing business (World Bank)
87 (out of
183)
80 (out of
183)
?
FATF 40 + 9 recommendations
Mutual Evaluation Report: 2005
Further Tables
C
L
P
N
N/A
    C  -  Fully Compliant ,   
    L  -  Largely Compliant,    
    P  -  Partially Compliant    
    N  -  Non-Compliant
18
13
12
6
0
Legal Systems
 
1. Money Laundering Offence
C
 
14. Protection & no tipping-off
C
2. ML offence – mental element and
corporate liability
P
 
15. Internal controls,
compliance & audit
L
3. Confiscation and provisional
measures
L
 
16. DNFBP – R.13-15 & 21
N
4. Secrecy laws consistent with the
Recommendations
C
 
17. Sanctions
P
5. Customer due diligence
P
 
18. Shell banks
P
6. Politically exposed persons
N
 
19. Other forms of reporting
C
7. Correspondent banking
N
 
20. Other NFBP & secure
transaction techniques
C
8. New technologies & non
face-to-face business
C
 
21. Special attention for
higher risk countries
L
9. Third parties and introducers
P
 
22. Foreign branches &
subsidiaries
P
10. Record keeping
C
 
23. Regulation, supervision
and monitoring
P
11. Unusual transactions
L
 
24. DNFBP - regulation,
supervision and monitoring
N
12. Designated Non-Financial
Businesses and Professions – R.5, 6,
8-11
N
 
25. Guidelines & Feedback
P
13. Suspicious transaction reporting
P
     
Institutional and other
measures
 
26. The FIU
L
 
31. National co-operation
L
27. Law enforcement authorities
C
 
32. Statistics
L
28. Powers of competent authorities
C
 
33. Legal persons – beneficial
owners
C
29. Supervisors
L
 
34. Legal arrangements –
beneficial owners
P
30. Resources, integrity and training
L
 
 
 
International Co-operation
 
35. Conventions
P
 
38. MLA on confiscation and
freezing
C
36. Mutual legal assistance (MLA)
C
 
39. Extradition
C
37. Dual criminality
C
 
40. Other forms of
co-operation
C
Nine Special
Recommendations
 
SR.I Implement UN instruments
L
 
SR VI AML requirements for
money/value transfer services
L
SR.II Criminalise terrorist financing
L
 
SR VII Wire transfer rules
N
SR.III Freeze and confiscate terrorist
assets
L
 
SR.VIII Non profit
organisations
C
SR.IV Suspicious transaction
reporting
P
 
SR.IX Cross Border
Declaration & Disclosure
C
SR.V International co-operation
C
 
 
 
*In 2009, The FATF recognized that Italy had made significant progress
in implementing the 49 recommendations and that from that date it
should report on a biennial basis on the actions it will take in the
AML/CFT area.
ITALY
KnowYourCountry
-  Know Your Customer Provisions
Y
 
-  Criminalized Tipping Off?
Y
 
-  Report Suspected Terrorist Financing?
Y
 
-  State Party to United Nations TOC?
Y
 
-  State Party to United Nations CAC?
Y
 
_________________________________________________________

AML News / Relevant Info

June 26, 2011  -  New report by the Global Forum on Transparency and
Exchange of Information to evaluate the country's legal and regulatory
frameworks and implementation re exchange of information is made
available.

Read Report


Links:

Worldwide AML Legislation (International Bar Association)

Banca d’Italia — Unità di Informazione Finanziaria (UIF) Financial
Intelligence Unit
Local AML News / Sanctions
Tax Information
Business Information
Last Updated:   16 April 2012