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Financial Intelligence Analysis Unit

From Wikipedia, the free encyclopedia
Maltese intelligence agency

Financial Intelligence Analysis Unit
Analiżi ta' intelliġenza finanzjarja
Agency overview
FormedOctober 1, 2002 (2002-10-01)
JurisdictionMalta
HeadquartersFinancial Intelligence Unit, 65C, Tower Road,Birkirkara, BKR 4012[1]
Employees136[1]
Annual budget€11.5 million
Websitefiaumalta.org

TheFinancial Intelligence Analysis Unit (FIAU) is the national central agency inMalta responsible for receiving, analyzing, and disseminatingfinancial intelligence to combatmoney laundering andterrorism financing.[2][3] It was founded on October 1, 2002. The FIAU is an independent government agency. It operates as the nationalfinancial intelligence unit (FIU) in compliance with international standards and frameworks.

Powers and functions

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The FIAU collects financial intelligence and passes it on to the police, who can then carry out criminal investigations or arrest/prosecute any person. The FIAU also exchanges information with foreign financial intelligence agencies and supervisory authorities in Malta or overseas to investigate suspicious financial activities.[2]

As an administrative intelligence agency, FIAU can demand and collect information from any individual, authority, or entity, including the police, government ministry, public department/agency, and any supervisory authority. Such a demand for information "overrides any obligation of secrecy or confidentiality under any other law."[2]

FIAU operates independently and its activities are not disclosed on the public domain.[2]

Activities

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In 2022, FIAU organized its first international conference of bank account register administrators and other specialists from 21 European countries, which was endorsed by theEuropean Commission.[4]

Notable cases and controversies

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According to its 2019 annual report, the FIAU forwarded 61 cases of money laundering to the police for investigation. In addition, it received more than 2,500suspicious transaction reports from banks, legal professionals, casinos, gaming companies and real estate agencies, up by 65% from the previous year.[5]

The Financial Intelligence Analysis Unit operates opposite Malta's financial entities. One of its primary responsibilities is enforcing Anti-Money Laundering (AML) legislation. Over the years, the FIAU expanded the criteria for violations under said legislation, leading to increased administrative penalties. Administrative penalties in 2021 increased to €12.4 million from €4.7 million in 2020,[6] creating speculations among experts in the financial sector that FIAU is enjoying the "moral authority to impose fines."[7][8]

The FIAU gained media attention due to its case againstPilatus Bank in 2018. In September 2022, Pilatus Bank ownerAli Sadr Hasheminejad, won his case in front of theInternational Centre for Settlement of Investment Disputes, which recommended a suspension of all proceedings by Malta against Ali Sadr until it decided on the case,[9] after he claimed that he was wrongfully prosecuted by the Maltese financial authorities.[10][11][12]

See also

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References

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  1. ^ab"FIAU Malta". RetrievedDecember 31, 2022.
  2. ^abcd"FIAU clarifies its functions and powers on tackling money laundering".The Malta Independent. RetrievedDecember 31, 2022.
  3. ^"Commission requests Maltese anti-money laundering watchdog to step up supervision of banks".European Commission. RetrievedJanuary 1, 2023.
  4. ^"FIAU brings 21 countries together in first-ever bank account register conference".Malta Today. RetrievedDecember 31, 2022.
  5. ^"FIAU flagged 61 cases of suspected money laundering to the police".Malta Today. RetrievedDecember 31, 2022.
  6. ^Cordina, John Paul (June 21, 2022)."Fines issued by FIAU more than double in 2021".Newsbook. RetrievedJanuary 31, 2023.
  7. ^"Can the FIAU be challenged?".Mifsud and Mifsud Advocates. RetrievedJanuary 31, 2023.
  8. ^"FIAU issued fines totalling €12.4 million in 2021, notes courts overruling penalties".The Malta Independent. RetrievedJanuary 31, 2023.
  9. ^"International body orders pause to all proceedings against Pilatus' Ali Sadr".Times of Malta. RetrievedDecember 31, 2022.
  10. ^"Ali Sadr Has A Case Against Malta".EconoTimes. August 7, 2022. RetrievedDecember 31, 2022.
  11. ^"Ali Sadr SLAPPs Malta police, criminal proceedings 'suspended'".The Shift. RetrievedDecember 31, 2022.
  12. ^Balzan, Jurgen (September 18, 2022)."Former Pilatus Bank owner blocks Malta's legal proceedings against him".Newsbook. RetrievedDecember 31, 2022.

External links

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