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:

Information unavailable.

____________________________________________________

US State Department Money Laundering Report - 2011:

Malta is not a regional financial center. Malta’s location between
North Africa and Italy makes it a potential transit point for drug
and human trafficking to Europe.

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

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 exchange offices, stockbrokers,
insurance companies, money remittance/transfer services, real-
estate agencies, auditors, accountants, notaries, tax advisors,
trust or asset managers, company formation agents, nominee
shareholders, casinos, auctioneers, and dealers in art, precious
metals and stones

Enhanced due diligence procedures for PEPs: Foreign: YES
Domestic: YES

SUSPICIOUS TRANSACTION REPORTING REQUIREMENTS:

Covered entities: Banks, currency exchange offices, stockbrokers,
insurance companies, money remittance/transfer services, real-
estate agencies, auditors, accountants, notaries, tax advisors,
trust or asset managers, company formation agents, nominee
shareholders, casinos, auctioneers, and dealers in art, precious
metals and stones

Number of STRs received and time frame: 63 in 2009

Number of CTRs received and time frame: Not applicable

MONEY LAUNDERING CRIMINAL
PROSECUTIONS/CONVICTIONS:

Prosecutions: Nine in 2009

Convictions: Five in 2009

Assets forfeited: criminally: 2,670,811 EUR (approximately
$3,690,000) in 2009 civilly: 0 in 2009

RECORDS EXCHANGE MECHANISM:

With U.S.: YES

With other governments/jurisdictions: YES

Malta is a member of the Council of Europe Committee of Experts
on the Evaluation of Anti-Money Laundering Measures and the
Financing of Terrorism (MONEYVAL), a Financial Action Task
Force (FATF)-style regional body. Its most recent mutual
evaluation can be found here: http://www.coe.
int/t/dghl/monitoring/moneyval/Countries/Malta_en.asp

ENFORCEMENT AND IMPLEMENTATION ISSUES AND
COMMENTS:

The Government of Malta should continue to enhance its anti-
money laundering and counter-terrorist financing legislation and
procedures, as appropriate.

____________________________________________________

US State Dept Narcotics Report 2011 (introduction):

No report available

____________________________________________________

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

(Tier 2 Watch List)

Malta is a source and destination country for European women
and children subjected to sex trafficking. Malta is likely a
destination country for men and women subjected to forced labor,
including in restaurants, private households, and in unskilled or
semi-skilled labor. The approximately 2,000 irregular African
migrants currently residing in Malta may be vulnerable to human
trafficking in Malta’s informal labor market. There were anecdotal
reports that Malta may be a transit country for African women
subjected to sex trafficking in continental Europe.

The Government of Malta does not fully comply with the minimum
standards for the elimination of trafficking; however, it is making
significant efforts to do so. Despite these efforts, the government
did not demonstrate overall increasing efforts to address human
trafficking over the previous reporting period; therefore, Malta is
placed on Tier 2 Watch List for a second consecutive year. The
government demonstrated greater commitment to combat
trafficking through national coordination by appointing the country’
s first anti-trafficking coordinator and anti-trafficking monitoring
board. These measures, however, have not yet resulted in
concrete improvements to victim identification procedures, victim
care systems, effective investigations and prosecutions of
trafficking offenders, or targeted prevention activities. Despite its
efforts, the government did not identify any trafficking victims this
year or begin investigations or prosecutions of any trafficking
offenders. There were credible reports that victims of trafficking
were punished for acts committed during the course of trafficking
or deported without proper victim identification. In the only
trafficking case resolved this year, the trafficking offender
received a suspended sentence.

For full report click here

____________________________________________________

US State Dept Terrorism Report 2009

The Maltese government continued to freeze the assets of those
entities on the UN 1267 consolidated list. Malta actively
participated in the EU Clearing House and cooperated with other
Member States and third states to defeat terrorist activities and,
by extension, to prevent financing acts of terrorism, to deny safe
havens to terrorists, and to exchange information to stop the
commission of terrorist acts. The Maltese government has
historically supported sharing information with the United States
on matters related to terrorism, and has demonstrated a
commitment to interdiction operations and compliance with
international requests.

The Maltese criminal code includes several specific provisions on
terrorism. The law addresses “acts of terror” and “terrorism” and
enumerates the actions constituting the offense. Malta
criminalized terrorist financing through the Prevention of Money
Laundering Act, which was expanded to include provisions for the
funding of terrorism. Additionally, the act expanded the powers of
the Maltese Financial Intelligence Unit to include terrorist
financing. Since 2006, the Prevention of Money Laundering
Regulations have been extended to financing terrorism and
include controls that require proper record keeping, specific
reporting requirements, and relevant training on the subject of
terrorist financing.

____________________________________________________

Links:

Worldwide AML Legislation (International Bar Association)
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?
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)
M
?
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?
N
 
-  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)
39 (out of
183)
37 (out of
178)
?
Ease of doing business (World Bank)
N/A
N/A
?
FATF 40 + 9 recommendations
Mutual Evaluation Report: 2007
Further Tables
C
L
P
N
N/A
    C  -  Fully Compliant ,   
    L  -  Largely Compliant,    
    P  -  Partially Compliant    
    N  -  Non-Compliant
19
18
8
4
0
Legal Systems
 
1. Money Laundering Offence
L
 
14. Protection & no tipping-off
C
2. ML offence – mental element and
corporate liability
L
 
15. Internal controls,
compliance & audit
C
3. Confiscation and provisional
measures
L
 
16. DNFBP – R.13-15 & 21
P
4. Secrecy laws consistent with the
Recommendations
C
 
17. Sanctions
L
5. Customer due diligence
L
 
18. Shell banks
P
6. Politically exposed persons
P
 
19. Other forms of reporting
C
7. Correspondent banking
N
 
20. Other NFBP & secure
transaction techniques
L
8. New technologies & non
face-to-face business
C
 
21. Special attention for
higher risk countries
P
9. Third parties and introducers
C
 
22. Foreign branches &
subsidiaries
N
10. Record keeping
C
 
23. Regulation, supervision
and monitoring
L
11. Unusual transactions
L
 
24. DNFBP - regulation,
supervision and monitoring
P
12. Designated Non-Financial
Businesses and Professions – R.5,
6, 8-11
L
 
25. Guidelines & Feedback
P
13. Suspicious transaction reporting
P
     
Institutional and other
measures
 
26. The FIU
C
 
31. National co-operation
C
27. Law enforcement authorities
L
 
32. Statistics
L
28. Powers of competent authorities
C
 
33. Legal persons –
beneficial owners
C
29. Supervisors
L
 
34. Legal arrangements –
beneficial owners
C
30. Resources, integrity and training
L
 
 
 
International Co-operation
 
35. Conventions
L
 
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
C
SR.II Criminalise terrorist financing
L
 
SR VII Wire transfer rules
P
SR.III Freeze and confiscate terrorist
assets
L
 
SR.VIII Non profit
organisations
N
SR.IV Suspicious transaction
reporting
N
 
SR.IX Cross Border
Declaration & Disclosure
L
SR.V International co-operation
C
 
 
 
*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.
MALTA
KnowYourCountry
-  Know Your Customer Provisions
Y
 
-  Criminalized Tipping Off?
Y
 
-  KYC Provisions?
Y
 
-  State Party to United Nations TOC?
Y
 
-  State Party to United Nations CAC?
Y
 
Local AML News / Sanctions
Tax Information
Business Information
Last Updated:   16 April 2012