Changes in the declarations of movements of means of payment in the field of prevention of money laundering and the financing of terrorism, through Order ETD/1217/2022, November 29
Today any movement of anonymous payment methods continues to represent a serious threat to the prevention of money laundering and the financing of terrorism.
Despite the decrease in cash as a form of payment, there remains a very high risk of using it to launder money, since its special characteristics (anonymity, easy transport or lack of traceability) make it an ideal means for financing terrorism throughout the world. your extension.
To confront these threats, different initiatives have been taking place at the international, European Union and national levels.
Thus, Law 10/2010, of April 28, on the prevention of money laundering and the financing of terrorism in its article 34.4 enables the head of the Ministry of Economic Affairs and Digital Transformation to regulate both the declaration of means of payment, such as the form and place to fulfill the obligation to declare means of payment. For its part, the second final provision of the Regulation of the aforementioned Law 10/2010, of April 28, enables the head of the Ministry of Economic Affairs and Digital Transformation to develop the regulation of the intervention of means of payment.
As a result of which, Order ETD/1217/2022, of November 29, was published in the BOE on December 8, which regulates the declarations of movements of means of payment in the field of money laundering prevention. of capital and the financing of terrorism.
This regulation contemplates the models, criteria and form of declaration which will apply to those who, acting on their own behalf or on behalf of a third party, carry out the movements of means of payment provided for in the aforementioned article 34 of the Law relating to the obligation to declare and whose literal provision provides:
“Article 34. Obligation to declare
1. They must present prior declaration In the terms established in this Chapter, natural persons who, acting on their own behalf or on behalf of a third party, carry out the following movements:
to) Exit or entry into national territory of means of payment for an amount equal to or greater than 10,000 euros or its equivalent in foreign currency.
b) Movements throughout national territory of means of payment for an amount equal to or greater than 100,000 euros or its equivalent in foreign currency.”
In this way and additionally, the following are included as annexes to the Order:
- Model S-1. Declaration of Accompanied Payment Movements (Annex I).
- Model S-2. Declaration of Movements of Unaccompanied Payment Methods (Annex II).
- Additional Sheet Model S-2.
- Annex III: Minimum data that the payment method intervention report must contain and documentation that must accompany the report
New models and criteria, therefore, that will come into force twenty days after the publication of the Order in the "Official State Gazette."
For more details, you can consult the complete content at the following link:
https://www.boe.es/diario_boe/txt.php?id=BOE-A-2022-20714
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