|
|
Sanctions:
As a member of the EU, the country is party to all EU Sanctions
as well as UN sanctions.
____________________________________________________
Offshore Jurisdiction Blacklists – Further Information:
A Spanish Royal Decree lists about 50 deemed low-tax
jurisdictions that are subject to Spain's anti-avoidance rules.
Jurisdictions that sign a TIEA or tax treaty with Spain are not
considered tax havens.
____________________________________________________
US State Department Money Laundering Report - 2012:
Spain is a major European center of money laundering activities
as well as an important gateway for illicit narcotics entering
Europe, although the serious focus of Spanish law enforcement
on combating organized crime, drug trafficking, and money
laundering during the past five years has reduced the country’s
attractiveness as an entry point. Drug proceeds from other
regions enter Spain as well, particularly proceeds from hashish
from Morocco and cocaine from Latin America. Passengers
traveling from Spain to Latin America reportedly smuggle sizeable
sums of bulk cash. Informal money transfer services facilitate cash
transfers between Latin America, particularly Colombia, and
Spain. Spanish security forces reportedly discovered at least 119
organized crime groups (including Russian, Eurasian, Chinese,
and Italian groups) operating in the country that were engaging in
money laundering during 2010. Of the 175 police investigations
against money laundering in 2010, 58% were linked to drug
trafficking, particularly of cocaine, heroin, and hashish; 17%
involved political corruption; while 12% were related to value
added tax fraud, mainly involving vehicle trafficking. Tax evasion
in internal markets also continues to be a source of illicit funds in
Spain.
An unknown percentage of drug trafficking proceeds are invested
in Spanish real estate, particularly in the once-booming coastal
areas in the south and east of the country, though less so since
the speculative real estate bubble burst in 2008. Criminal groups
also place money in other sectors, including services,
communications, automobiles, art work, and the financial sector.
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.: YES
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: YES
KYC covered entities: Banks; mutual savings associations; credit
companies; insurance companies; financial advisers; brokerage
and securities firms; pension fund managers; collective
investment schemes; postal services; currency exchange outlets;
individuals and unofficial financial institutions exchanging or
transmitting money; realty agents; dealers in precious metals,
stones, antiques and art; legal advisors and lawyers; accountants;
auditors; notaries; and casinos
Suspicious Transaction Reporting (STR) Requirements:
Number of STRs received and time frame: 3,172 in 2010
Number of CTRs received and time frame: 707,968 in 2010
STR covered entities: Banks, professional money changers, credit
intermediaries, payment systems and managers, and lending
firms; life insurance entities and insurance companies that provide
investment services; securities and investment service
companies, collective investment, pension fund, and risk capital
managers; mutual guarantee companies; postal wire services;
real estate brokers, agents and developers; auditors,
accountants, and tax advisors; notaries and registrars of
commercial and personal property; lawyers, attorneys, or other
independent professionals when acting on behalf of clients in
financial or real estate transactions; company formation and
business agents; trustees; casinos, gaming and lottery
enterprises; dealers of jewelry, precious stones and metals, art,
and antiques; safekeeping or guaranty services; and foundations
and associations
Money Laundering Criminal Prosecutions/Convictions:
Prosecutions: Not available
Convictions: Not available
Records exchange mechanism:
With U.S.: MLAT: NO Other mechanism: YES
With other governments/jurisdictions: YES
Spain is a member of the Financial Action Task Force (FATF) and
a cooperating and supporting nation to the Caribbean Financial
Action Task Force, a FATF-style regional body. Its most recent
mutual evaluation can be found here: http://www.fatf-gafi.
org/dataoecd/59/15/46253063.pdf
Enforcement and implementation issues and comments:
Spain has long been dedicated to fighting terrorist organizations,
including ETA, GRAPO, and more recently, al-Qaida. Spanish law
enforcement entities have identified several methods of terrorist
financing: donations to finance nonprofit organizations (including
ETA and Islamic groups); establishment of publishing companies
that print and distribute books or periodicals for the purposes of
propaganda, which then serve as a means for depositing funds
obtained through kidnapping or extortion; fraudulent tax and
financial assistance collections; the establishment of “cultural
associations” used to facilitate the opening of accounts and
provide a cover for terrorist financing activity; and alternative
remittance system transfers.
Spanish authorities recognize the presence of alternative
remittance systems. Informal non-bank outlets such as
“locutorios” (communication centers that often offer wire transfer
services) are used to move money in and out of Spain by making
small international transfers for members of the immigrant
community. Spanish regulators also note the presence of hawala
networks in the Islamic community.
Spanish law does not allow civil forfeiture. The Finance Ministry,
as the sanctioning organ, opened 580 investigations in 2010 for
cash movements. Forty million euros (approximately $52.7 million)
were initially confiscated; 20 million euros (approximately $26.3
million) were ultimately retained as fines. During the first half of
2011, 250 cases were opened and over 10 million euros
(approximately $13.2 million) were confiscated. Carrying more
than 100,000 euros (approximately $131,700) in cash within the
country is not allowed. If the authorities discover an amount larger
than that, they can seize and hold it until proof of legal origin is
provided. According to press reports, the police and civil guard
opened 175 investigations in 2010.
On April 29, 2010, Spain enacted Law 10/2010, on preventing
money laundering and terrorist financing. The law introduces a
risk-based approach to preventing money laundering and terrorist
financing and imposes stringent requirements on financial
institutions as well as designated non-financial businesses and
professionals. Additionally, the law greatly enhances authorities’
capacity to combat terrorist financing by placing greater
requirements on financial institutions and other businesses, and
by strengthening penalties and monitoring and oversight. The
new law entered into force immediately; however, implementing
regulations will not be approved until 2012; until then, many of its
provisions are not being implemented. The Spanish government
is waiting for the approval of the new FATF Recommendations to
develop the implementing regulations in conformity with
international standards. In the interim, the implementing
regulations for Law 19/1993, updated in 2005, remain in force.
In 2010, the Financial Crimes Enforcement Network (FinCEN), the
financial intelligence unit of the U.S., suspended information
sharing with its Spanish counterpart, the Executive Service for the
Prevention of Money Laundering (SEPBLAC) due to an apparent
unauthorized disclosure of FinCEN information by SEPBLAC.
SEPBLAC has addressed the improper disclosure issues and has
taken steps to ensure the protection of FinCEN’s information,
including negotiating an updated version of a memorandum of
understanding (MOU) with FinCEN. FinCEN will resume
information exchange with SEPBLAC after signing the MOU. The
security forces and the judiciary exchange information with the U.
S. related to money laundering.
A working group has been created within the Commission for the
Prevention of Money Laundering to promote the collection of
statistics. Currently this information is not centrally collected.
Spain should maintain and disseminate statistics on investigations
and prosecutions.
____________________________________________________
US State Dept Narcotics Report 2012 (introduction):
Spain remains an important European entry point, and an
important market, for narcotics coming from Latin America, owing
to its historical, linguistic, and cultural ties. However, through
effective border control and coastal monitoring, domestic police
action and international cooperation and an intense focus on
organized crime, Spain has become a less attractive European
entry point for drug cartels. There are numerous indications that
criminal networks may be seeking easier targets within the EU for
transit operations. Spain remains an important transit point to
Europe for hashish from Morocco, especially via its North African
exclaves of Ceuta and Melilla. Trafficking and abuse of heroin and
synthetic drugs in Spain remain low.
The Spanish government ranks drug trafficking as one of its most
important law enforcement issues, and it maintains effective
institutions to combat production, supply and demand. Local,
provincial, and national police forces deploy specialized narcotics
units. In 2011 Spain extended its costal radar tracking system and
created a new Civil Guard maritime unit to patrol the Strait of
Gibraltar. The judicial system aggressively prosecutes drug
offenders, and authorities regulate new drugs as they emerge.
Spain’s inter-ministerial National Plan on Drugs (Spanish acronym
PNsD) helps coordinate antidrug campaigns, supports
rehabilitation programs, and provides subsidies to NGOs working
to reduce narcotics demand. The central government also
provides drug program funding to the regional governments.
Spain is party to the 1988 UN Drug Convention as well as many
other major international agreements on drugs and trafficking.
For Full report, click here
____________________________________________________
US State Dept Trafficking in Persons Report 2011
(introduction):
(Tier 1)
Spain is a destination and transit country for men, women, and
children subjected to forced labor and sex trafficking. Victims
originate from Eastern Europe, Latin America, East Asia and sub-
Saharan Africa. Men and women reportedly are subjected to
forced labor in the domestic service, agriculture, construction, and
tourism sectors. According to the government and NGOs, Spanish
nationals are also vulnerable to trafficking. Media reports indicate
there are between 200,000 and 400,000 women engaged in
prostitution in Spain, with over 3,000 entertainment
establishments dedicated to prostitution. According to media
reports and government officials, approximately 90 percent of
those engaged in prostitution in Spain are victims of forced
prostitution, controlled by organized networks operating
throughout the country. Unaccompanied foreign children in Spain
may be vulnerable to sex trafficking and forced begging.
The Government of Spain fully complies with the minimum
standards for the elimination of trafficking. During 2010, the
government improved its capacity to vigorously prosecute
trafficking by enacting an amendment to its criminal code to
explicitly criminalize trafficking as distinct from illegal immigration.
The government referred some trafficking victims to an NGO for
specialized anti-trafficking assistance, an improvement from
previous years. The government reported, however, that it
referred the majority of potential trafficking victims to a non-
specialized government agency for basic care, rather than NGOs
for comprehensive care and assistance. A lack of formalized
procedures for victim identification continued to result in some
victims being penalized for crimes committed as a direct result of
being trafficked. The government has not yet developed
specialized services for trafficked children and victims of forced
labor, despite continued calls by local experts to do so.
For full report click here
____________________________________________________
US State Dept Terrorism Report 2010
Overview: Spain continued to confront the dual threat posed by
the domestic terrorist group Basque Fatherland and Liberty (ETA)
and violent extremists affiliated with al-Qa’ida and its affiliates.
Buoyed by strong international cooperation, in particular with
France, Spain enjoyed such success in battling ETA, whose aim is
to create an independent Basque state, that the weakened
terrorist group announced it would halt "offensive actions."
Meanwhile, Spain's attention often focused on the fate of the
three Spanish aid workers kidnapped by al-Qa'ida in the Islamic
Maghreb in late 2009 and released in 2010.
Spain cooperated closely with the United States to counter
terrorism. In April, Attorney General Holder signed a
Memorandum of Understanding with the Government of Spain to
share information and further strengthen bilateral cooperation in
the fight against international terrorism. Also in April, the U.S-
Spain Agreement to Prevent and Combat Serious Crime, which
was signed in 2009, also went into force.
As part of its effort to help close the Guantanamo Bay detention
facility, Spain publicly announced its decision to accept five former
detainees for resettlement, three of whom have been resettled.
Legislation and Law Enforcement: The Spanish Parliament
passed a series of reforms to the country's Penal Code regarding
terrorism to better equip the Spanish judiciary to face several
realities of violent extremists operating in Spain. The new changes
acknowledge that violent extremists in Spain may be inspired by
but operate independently of formal terrorist groups such as al-
Qa'ida. The reforms criminalized activities such as recruitment,
indoctrination, terrorist training, and the facilitation of such activity
by sending recruits to training camps. Furthermore, they
criminalized the public distribution of messages that are likely to
"increase the risk" of others joining a terrorist group or
association or perpetrating terrorist attacks. Finally, the new
reforms established the financing of terrorism as its own crime.
Spain took steps to improve security and the detection of false
documents at its borders. Spain introduced an automated system
to read EU passports with biometric data at its two largest
airports. Select border control areas have the capacity to scan
fingerprints in real time. In July, Spain announced that it would
begin testing full-body scanners in one of its airports. Spain
deployed a network of radar stations, known as the Integrated
External Surveillance System, along its maritime borders. Spain
continued its participation in the Megaports and Container
Security Initiatives.
Spanish security forces arrested 12 suspected violent extremists,
one of whom was accused of managing one of the most influential
terrorist websites in the world. In December, police arrested seven
suspects (six Pakistanis and one Nigerian) in the greater
Barcelona area for allegedly providing false documents, including
passports, to terrorist groups. The Spanish police cooperated with
the security services in Thailand, where authorities simultaneously
detained another three suspects.
In cooperation with international partners, security services also
arrested 113 alleged ETA members or associates, including 22 in
France and nine in other countries. Spain also arrested 11
individuals for ETA-inspired street violence. Key raids included
Spanish cooperation with Portuguese forces in January, when
they shut down a large-scale bomb factory and arms cache that
ETA had established in Portugal. Spain also arrested an
embryonic ETA cell in Catalonia that same month. In February, a
joint operation in France resulted in the detention of ETA's latest
suspected military leader, whose alleged successor and the
successor's would-be replacement were both captured in May
during another raid in France.
Spain's judicial system investigated allegations of ETA training
camps in Venezuela. In February, a National Court investigating
judge issued an arrest warrant for an official in the Venezuelan
government. Two ETA suspects arrested in September confessed
to having received training from that same official in Venezuela
during 2008. (It is not clear whether these individual actions
reflect official Venezuelan government support for ETA.)
Countering Terrorist Finance: Spain was a member of the G8
Counterterrorism Action Group and provided technical assistance
to other countries to counter terrorist financing. Spain exercised
leadership in the Financial Action Task Force to combat money
laundering and to take the necessary steps to prevent its financial
institutions from engaging in transactions or relationships in
support of terrorist activity. In April, Spain enacted Law 10/2010
on Preventing Money Laundering and the Financing of Terrorism.
The government diligently implemented the relevant UNSCRs and
has the legal authority to impose autonomous designations.
After the European Parliament voted down an interim agreement
on the Terrorist Finance Tracking Program, the Spanish EU
Presidency helped secure support for a revised version, which
came into effect shortly after the completion of the Spanish
presidency. As EU President, Spain hosted numerous
conferences and workshops to foster greater international
cooperation to confront terrorism, including a U.S-EU workshop
on countering terrorist finance.
Regional and International Cooperation: As EU President during
the first half of 2010, Spain worked to advance a number of
counterterrorism initiatives. In January, weeks after the attempted
December 25, 2009 attack on Northwest Flight 253 bound for
Detroit, Spain hosted a key meeting of Justice and Home Affairs
ministers and helped secured the passage of the "Toledo
Resolution" to increase U.S.-EU aviation security. Spain also
successfully promoted the EU’s adoption of an Internal Security
Strategy and built support for strengthening cooperation and
information sharing among European counterterrorism
coordination centers. Spain signed the Beijing Convention on the
Suppression of Unlawful Acts Relating to International Civil
Aviation and the Protocol to the Convention for the Suppression
of Unlawful Seizure of Aircraft at the conclusion of an International
Civil Aviation Organization diplomatic conference in September.
Spain was active in efforts to prevent nuclear materials from
falling into the hands of terrorists. President Zapatero attended
the Nuclear Security Summit in Washington, DC, which promoted
international cooperation to prevent nuclear terrorism. Spain
assumed a leading role in the Global Initiative to Combat Nuclear
Terrorism (GICNT) and in June was elected to serve as
Coordinator of its Implementation and Assessment Group, a
working group of technical experts.
Countering Radicalization and Violent Extremism: Spain
participated in several international meetings to counter violent
extremism and, in its capacity as EU President, hosted a seminar
on de-radicalization. Spain's inter-ministerial countering violent
extremism (CVE) strategy emphasizes the prevention of
radicalization and seeks to counter radical propaganda both
online and in other arenas. In addition to promoting international
cooperation on these issues, Spanish efforts to counter
radicalization are tied closely to the fight against illegal
immigration. This strategy seeks the support of civil society and
the general public in rejecting violence and extremism. In
fulfillment of applicable laws, Spanish penitentiaries employ CVE
rehabilitation programs designed to achieve the reintegration of
inmates into society.
As a member of the EU, the country is party to all EU Sanctions
as well as UN sanctions.
____________________________________________________
Offshore Jurisdiction Blacklists – Further Information:
A Spanish Royal Decree lists about 50 deemed low-tax
jurisdictions that are subject to Spain's anti-avoidance rules.
Jurisdictions that sign a TIEA or tax treaty with Spain are not
considered tax havens.
____________________________________________________
US State Department Money Laundering Report - 2012:
Spain is a major European center of money laundering activities
as well as an important gateway for illicit narcotics entering
Europe, although the serious focus of Spanish law enforcement
on combating organized crime, drug trafficking, and money
laundering during the past five years has reduced the country’s
attractiveness as an entry point. Drug proceeds from other
regions enter Spain as well, particularly proceeds from hashish
from Morocco and cocaine from Latin America. Passengers
traveling from Spain to Latin America reportedly smuggle sizeable
sums of bulk cash. Informal money transfer services facilitate cash
transfers between Latin America, particularly Colombia, and
Spain. Spanish security forces reportedly discovered at least 119
organized crime groups (including Russian, Eurasian, Chinese,
and Italian groups) operating in the country that were engaging in
money laundering during 2010. Of the 175 police investigations
against money laundering in 2010, 58% were linked to drug
trafficking, particularly of cocaine, heroin, and hashish; 17%
involved political corruption; while 12% were related to value
added tax fraud, mainly involving vehicle trafficking. Tax evasion
in internal markets also continues to be a source of illicit funds in
Spain.
An unknown percentage of drug trafficking proceeds are invested
in Spanish real estate, particularly in the once-booming coastal
areas in the south and east of the country, though less so since
the speculative real estate bubble burst in 2008. Criminal groups
also place money in other sectors, including services,
communications, automobiles, art work, and the financial sector.
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.: YES
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: YES
KYC covered entities: Banks; mutual savings associations; credit
companies; insurance companies; financial advisers; brokerage
and securities firms; pension fund managers; collective
investment schemes; postal services; currency exchange outlets;
individuals and unofficial financial institutions exchanging or
transmitting money; realty agents; dealers in precious metals,
stones, antiques and art; legal advisors and lawyers; accountants;
auditors; notaries; and casinos
Suspicious Transaction Reporting (STR) Requirements:
Number of STRs received and time frame: 3,172 in 2010
Number of CTRs received and time frame: 707,968 in 2010
STR covered entities: Banks, professional money changers, credit
intermediaries, payment systems and managers, and lending
firms; life insurance entities and insurance companies that provide
investment services; securities and investment service
companies, collective investment, pension fund, and risk capital
managers; mutual guarantee companies; postal wire services;
real estate brokers, agents and developers; auditors,
accountants, and tax advisors; notaries and registrars of
commercial and personal property; lawyers, attorneys, or other
independent professionals when acting on behalf of clients in
financial or real estate transactions; company formation and
business agents; trustees; casinos, gaming and lottery
enterprises; dealers of jewelry, precious stones and metals, art,
and antiques; safekeeping or guaranty services; and foundations
and associations
Money Laundering Criminal Prosecutions/Convictions:
Prosecutions: Not available
Convictions: Not available
Records exchange mechanism:
With U.S.: MLAT: NO Other mechanism: YES
With other governments/jurisdictions: YES
Spain is a member of the Financial Action Task Force (FATF) and
a cooperating and supporting nation to the Caribbean Financial
Action Task Force, a FATF-style regional body. Its most recent
mutual evaluation can be found here: http://www.fatf-gafi.
org/dataoecd/59/15/46253063.pdf
Enforcement and implementation issues and comments:
Spain has long been dedicated to fighting terrorist organizations,
including ETA, GRAPO, and more recently, al-Qaida. Spanish law
enforcement entities have identified several methods of terrorist
financing: donations to finance nonprofit organizations (including
ETA and Islamic groups); establishment of publishing companies
that print and distribute books or periodicals for the purposes of
propaganda, which then serve as a means for depositing funds
obtained through kidnapping or extortion; fraudulent tax and
financial assistance collections; the establishment of “cultural
associations” used to facilitate the opening of accounts and
provide a cover for terrorist financing activity; and alternative
remittance system transfers.
Spanish authorities recognize the presence of alternative
remittance systems. Informal non-bank outlets such as
“locutorios” (communication centers that often offer wire transfer
services) are used to move money in and out of Spain by making
small international transfers for members of the immigrant
community. Spanish regulators also note the presence of hawala
networks in the Islamic community.
Spanish law does not allow civil forfeiture. The Finance Ministry,
as the sanctioning organ, opened 580 investigations in 2010 for
cash movements. Forty million euros (approximately $52.7 million)
were initially confiscated; 20 million euros (approximately $26.3
million) were ultimately retained as fines. During the first half of
2011, 250 cases were opened and over 10 million euros
(approximately $13.2 million) were confiscated. Carrying more
than 100,000 euros (approximately $131,700) in cash within the
country is not allowed. If the authorities discover an amount larger
than that, they can seize and hold it until proof of legal origin is
provided. According to press reports, the police and civil guard
opened 175 investigations in 2010.
On April 29, 2010, Spain enacted Law 10/2010, on preventing
money laundering and terrorist financing. The law introduces a
risk-based approach to preventing money laundering and terrorist
financing and imposes stringent requirements on financial
institutions as well as designated non-financial businesses and
professionals. Additionally, the law greatly enhances authorities’
capacity to combat terrorist financing by placing greater
requirements on financial institutions and other businesses, and
by strengthening penalties and monitoring and oversight. The
new law entered into force immediately; however, implementing
regulations will not be approved until 2012; until then, many of its
provisions are not being implemented. The Spanish government
is waiting for the approval of the new FATF Recommendations to
develop the implementing regulations in conformity with
international standards. In the interim, the implementing
regulations for Law 19/1993, updated in 2005, remain in force.
In 2010, the Financial Crimes Enforcement Network (FinCEN), the
financial intelligence unit of the U.S., suspended information
sharing with its Spanish counterpart, the Executive Service for the
Prevention of Money Laundering (SEPBLAC) due to an apparent
unauthorized disclosure of FinCEN information by SEPBLAC.
SEPBLAC has addressed the improper disclosure issues and has
taken steps to ensure the protection of FinCEN’s information,
including negotiating an updated version of a memorandum of
understanding (MOU) with FinCEN. FinCEN will resume
information exchange with SEPBLAC after signing the MOU. The
security forces and the judiciary exchange information with the U.
S. related to money laundering.
A working group has been created within the Commission for the
Prevention of Money Laundering to promote the collection of
statistics. Currently this information is not centrally collected.
Spain should maintain and disseminate statistics on investigations
and prosecutions.
____________________________________________________
US State Dept Narcotics Report 2012 (introduction):
Spain remains an important European entry point, and an
important market, for narcotics coming from Latin America, owing
to its historical, linguistic, and cultural ties. However, through
effective border control and coastal monitoring, domestic police
action and international cooperation and an intense focus on
organized crime, Spain has become a less attractive European
entry point for drug cartels. There are numerous indications that
criminal networks may be seeking easier targets within the EU for
transit operations. Spain remains an important transit point to
Europe for hashish from Morocco, especially via its North African
exclaves of Ceuta and Melilla. Trafficking and abuse of heroin and
synthetic drugs in Spain remain low.
The Spanish government ranks drug trafficking as one of its most
important law enforcement issues, and it maintains effective
institutions to combat production, supply and demand. Local,
provincial, and national police forces deploy specialized narcotics
units. In 2011 Spain extended its costal radar tracking system and
created a new Civil Guard maritime unit to patrol the Strait of
Gibraltar. The judicial system aggressively prosecutes drug
offenders, and authorities regulate new drugs as they emerge.
Spain’s inter-ministerial National Plan on Drugs (Spanish acronym
PNsD) helps coordinate antidrug campaigns, supports
rehabilitation programs, and provides subsidies to NGOs working
to reduce narcotics demand. The central government also
provides drug program funding to the regional governments.
Spain is party to the 1988 UN Drug Convention as well as many
other major international agreements on drugs and trafficking.
For Full report, click here
____________________________________________________
US State Dept Trafficking in Persons Report 2011
(introduction):
(Tier 1)
Spain is a destination and transit country for men, women, and
children subjected to forced labor and sex trafficking. Victims
originate from Eastern Europe, Latin America, East Asia and sub-
Saharan Africa. Men and women reportedly are subjected to
forced labor in the domestic service, agriculture, construction, and
tourism sectors. According to the government and NGOs, Spanish
nationals are also vulnerable to trafficking. Media reports indicate
there are between 200,000 and 400,000 women engaged in
prostitution in Spain, with over 3,000 entertainment
establishments dedicated to prostitution. According to media
reports and government officials, approximately 90 percent of
those engaged in prostitution in Spain are victims of forced
prostitution, controlled by organized networks operating
throughout the country. Unaccompanied foreign children in Spain
may be vulnerable to sex trafficking and forced begging.
The Government of Spain fully complies with the minimum
standards for the elimination of trafficking. During 2010, the
government improved its capacity to vigorously prosecute
trafficking by enacting an amendment to its criminal code to
explicitly criminalize trafficking as distinct from illegal immigration.
The government referred some trafficking victims to an NGO for
specialized anti-trafficking assistance, an improvement from
previous years. The government reported, however, that it
referred the majority of potential trafficking victims to a non-
specialized government agency for basic care, rather than NGOs
for comprehensive care and assistance. A lack of formalized
procedures for victim identification continued to result in some
victims being penalized for crimes committed as a direct result of
being trafficked. The government has not yet developed
specialized services for trafficked children and victims of forced
labor, despite continued calls by local experts to do so.
For full report click here
____________________________________________________
US State Dept Terrorism Report 2010
Overview: Spain continued to confront the dual threat posed by
the domestic terrorist group Basque Fatherland and Liberty (ETA)
and violent extremists affiliated with al-Qa’ida and its affiliates.
Buoyed by strong international cooperation, in particular with
France, Spain enjoyed such success in battling ETA, whose aim is
to create an independent Basque state, that the weakened
terrorist group announced it would halt "offensive actions."
Meanwhile, Spain's attention often focused on the fate of the
three Spanish aid workers kidnapped by al-Qa'ida in the Islamic
Maghreb in late 2009 and released in 2010.
Spain cooperated closely with the United States to counter
terrorism. In April, Attorney General Holder signed a
Memorandum of Understanding with the Government of Spain to
share information and further strengthen bilateral cooperation in
the fight against international terrorism. Also in April, the U.S-
Spain Agreement to Prevent and Combat Serious Crime, which
was signed in 2009, also went into force.
As part of its effort to help close the Guantanamo Bay detention
facility, Spain publicly announced its decision to accept five former
detainees for resettlement, three of whom have been resettled.
Legislation and Law Enforcement: The Spanish Parliament
passed a series of reforms to the country's Penal Code regarding
terrorism to better equip the Spanish judiciary to face several
realities of violent extremists operating in Spain. The new changes
acknowledge that violent extremists in Spain may be inspired by
but operate independently of formal terrorist groups such as al-
Qa'ida. The reforms criminalized activities such as recruitment,
indoctrination, terrorist training, and the facilitation of such activity
by sending recruits to training camps. Furthermore, they
criminalized the public distribution of messages that are likely to
"increase the risk" of others joining a terrorist group or
association or perpetrating terrorist attacks. Finally, the new
reforms established the financing of terrorism as its own crime.
Spain took steps to improve security and the detection of false
documents at its borders. Spain introduced an automated system
to read EU passports with biometric data at its two largest
airports. Select border control areas have the capacity to scan
fingerprints in real time. In July, Spain announced that it would
begin testing full-body scanners in one of its airports. Spain
deployed a network of radar stations, known as the Integrated
External Surveillance System, along its maritime borders. Spain
continued its participation in the Megaports and Container
Security Initiatives.
Spanish security forces arrested 12 suspected violent extremists,
one of whom was accused of managing one of the most influential
terrorist websites in the world. In December, police arrested seven
suspects (six Pakistanis and one Nigerian) in the greater
Barcelona area for allegedly providing false documents, including
passports, to terrorist groups. The Spanish police cooperated with
the security services in Thailand, where authorities simultaneously
detained another three suspects.
In cooperation with international partners, security services also
arrested 113 alleged ETA members or associates, including 22 in
France and nine in other countries. Spain also arrested 11
individuals for ETA-inspired street violence. Key raids included
Spanish cooperation with Portuguese forces in January, when
they shut down a large-scale bomb factory and arms cache that
ETA had established in Portugal. Spain also arrested an
embryonic ETA cell in Catalonia that same month. In February, a
joint operation in France resulted in the detention of ETA's latest
suspected military leader, whose alleged successor and the
successor's would-be replacement were both captured in May
during another raid in France.
Spain's judicial system investigated allegations of ETA training
camps in Venezuela. In February, a National Court investigating
judge issued an arrest warrant for an official in the Venezuelan
government. Two ETA suspects arrested in September confessed
to having received training from that same official in Venezuela
during 2008. (It is not clear whether these individual actions
reflect official Venezuelan government support for ETA.)
Countering Terrorist Finance: Spain was a member of the G8
Counterterrorism Action Group and provided technical assistance
to other countries to counter terrorist financing. Spain exercised
leadership in the Financial Action Task Force to combat money
laundering and to take the necessary steps to prevent its financial
institutions from engaging in transactions or relationships in
support of terrorist activity. In April, Spain enacted Law 10/2010
on Preventing Money Laundering and the Financing of Terrorism.
The government diligently implemented the relevant UNSCRs and
has the legal authority to impose autonomous designations.
After the European Parliament voted down an interim agreement
on the Terrorist Finance Tracking Program, the Spanish EU
Presidency helped secure support for a revised version, which
came into effect shortly after the completion of the Spanish
presidency. As EU President, Spain hosted numerous
conferences and workshops to foster greater international
cooperation to confront terrorism, including a U.S-EU workshop
on countering terrorist finance.
Regional and International Cooperation: As EU President during
the first half of 2010, Spain worked to advance a number of
counterterrorism initiatives. In January, weeks after the attempted
December 25, 2009 attack on Northwest Flight 253 bound for
Detroit, Spain hosted a key meeting of Justice and Home Affairs
ministers and helped secured the passage of the "Toledo
Resolution" to increase U.S.-EU aviation security. Spain also
successfully promoted the EU’s adoption of an Internal Security
Strategy and built support for strengthening cooperation and
information sharing among European counterterrorism
coordination centers. Spain signed the Beijing Convention on the
Suppression of Unlawful Acts Relating to International Civil
Aviation and the Protocol to the Convention for the Suppression
of Unlawful Seizure of Aircraft at the conclusion of an International
Civil Aviation Organization diplomatic conference in September.
Spain was active in efforts to prevent nuclear materials from
falling into the hands of terrorists. President Zapatero attended
the Nuclear Security Summit in Washington, DC, which promoted
international cooperation to prevent nuclear terrorism. Spain
assumed a leading role in the Global Initiative to Combat Nuclear
Terrorism (GICNT) and in June was elected to serve as
Coordinator of its Implementation and Assessment Group, a
working group of technical experts.
Countering Radicalization and Violent Extremism: Spain
participated in several international meetings to counter violent
extremism and, in its capacity as EU President, hosted a seminar
on de-radicalization. Spain's inter-ministerial countering violent
extremism (CVE) strategy emphasizes the prevention of
radicalization and seeks to counter radical propaganda both
online and in other arenas. In addition to promoting international
cooperation on these issues, Spanish efforts to counter
radicalization are tied closely to the fight against illegal
immigration. This strategy seeks the support of civil society and
the general public in rejecting violence and extremism. In
fulfillment of applicable laws, Spanish penitentiaries employ CVE
rehabilitation programs designed to achieve the reintegration of
inmates into society.
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| Further Tables |
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* In October, 2010, The FATF recognized that Spain 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.
Please also note that any risk assessment should take into
consideration all follow-up reports.
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.
Please also note that any risk assessment should take into
consideration all follow-up reports.
| SPAIN |
| KnowYourCountry |
|
__________________________________________________
AML News / Updates
November 3, 2010 - FATF has agreed that Spain has taken sufficient
action to address aml issues in previous mutual evaluations and has
therefore been taken off the regular follow-up process.
Read More.......
Links:
Worldwide AML Legislation (International Bar Association)
AML News / Updates
November 3, 2010 - FATF has agreed that Spain has taken sufficient
action to address aml issues in previous mutual evaluations and has
therefore been taken off the regular follow-up process.
Read More.......
Links:
Worldwide AML Legislation (International Bar Association)
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| Last Updated: 16 April 2012 |