Financial Intelligence Agency, what are the responsibilities and how will it be organized

2024-01-31 16:45:00, Aktualitet CNA

Financial Intelligence Agency, what are the responsibilities and how will it be

Illustrative photo

The Financial Intelligence Agency is the institution that deals with the fight against money laundering and products originating from criminal acts, as well as the fight against the financing of terrorism.

At today's meeting of the Council of Ministers, a decision was made regarding the organization and operation of the Financial Intelligence Agency.

The AIF will be financed from the state budget and other legal sources, according to the legislation in force. Its budget will be a separate item in the budget of the ministry responsible for finance.

This agency functions as a national center tasked with collecting, analyzing and disseminating to law enforcement agencies data on potential money laundering and terrorist financing activities.

Functional Responsibilities of the Financial Intelligence Agency

1. The AIF fulfills the objectives, performs the duties and exercises the responsibilities in accordance with the provisions of the legislation for the prevention of money laundering and the financing of terrorism as well as the legislation for measures against the financing of terrorism.

2. AIF is responsible for organizing the work for:

a) exercising the function of preventing the laundering of money and products originating from criminal offences;
b) exercising the function of preventing the financing of terrorism;
c) collection, processing, evaluation, analysis and distribution to law enforcement agencies of data and information on possible money laundering and terrorist financing activities;
ç) supervision of the compliance of the activity of the subjects of the law with the requirements of the legal and sub-legal acts for the prevention of money laundering and the financing of terrorism.

Organization and operation of the Financial Intelligence Agency

1. AIF extends its activity throughout the territory of the Republic of Albania and is organized at the central level.

2. The structure and organization of the AIF are approved by order of the Prime Minister, according to the provisions of the legislation in force for the organization and operation of the state administration.

3. The regulation on the internal working methods and behavior of the officials and administrative employees of the AIF is approved by the minister responsible for finance, with the proposal of the general director. The regulation, among other things, provides for the procedures of restructuring, acceptance and recruitment of civil servants and administrative employees, their suspension, transfer, the types of disciplinary measures and the procedure for examining disciplinary violations and imposing disciplinary measures.

4. AIF has the coat of arms, logo and official seal.

5. The coat of arms of the AIF has the notes "Republic of Albania", Ministry of (name of the responsible ministry), "Financial Intelligence Agency", in accordance with the determination of the decision of the Council of Ministers on the manner of use of the coat of arms of the Republic of Albania.

6. The seal of the AIF has the elements and form defined in the decision of the Council of Ministers on the rules of production, administration, control and storage of official seals. The seal is produced, administered and stored in accordance with the legislation in force.

7. AIF is managed by the General Director, who has the following duties and responsibilities:

a) Leads the AIF and represents it in relations with third parties, inside and outside the country;
b) Sign cooperation agreements with institutions within the country and with counterpart foreign agencies or other organizations abroad, which are subject to similar confidentiality obligations, in order to exercise its duties and functions;
c) Reports in writing directly to the minister responsible for finance and the Prime Minister, whenever requested, but not less than twice a year, on the activity of the AIF and the problems encountered related to the prevention of money laundering and terrorist financing ;
ç) Reports whenever requested to the parliamentary committees of the Assembly of the Republic of Albania on the activity of the AIF in the field of preventing money laundering and terrorist financing;
d) Informs periodically, in writing, about the activity of the AIF to the Coordinating Committee of the Fight against Money Laundering;
dh) Organizes and directs periodic analyzes of AIF's activity;
e) Create working groups for specific issues of AIF work and monitor the progress of fulfilling their purpose;
ë) Organizes the work for drafting and publishing the annual report on time;
f) Approves programs of professional qualification of AIF employees;
g) Leads and directs the work of the inter-institutional technical group for the prevention of money laundering, within the Coordination Committee of the Fight against Money Laundering;
gj) Coordinates the work for the supervision of the fulfillment of the obligations of the subjects of the law according to the legal provisions in force;
h) Take a decision on the granting of administrative measures for administrative offenses committed by the subjects of the legislation in force for the prevention of money laundering and the financing of terrorism;
i) Is responsible for the establishment and development of the internal control system in the institution, in support of the legal provisions in force;
j) Coordinates the work for the management of human resources, legal issues, information technology, maintenance of other support services as well as for the preparation and implementation of the budget and accounting;
k) Performs any other function as the owner of the institution, according to the legislation in force.

8. The General Director of AIF is appointed by decision of the Council of Ministers, with the proposal of the minister responsible for finance.

9. The General Director of AIF is appointed the person, according to the procedure provided in this decision, who must meet the following criteria:

a) To be an Albanian citizen;
b) To have full ability to act;
c) To be fit in terms of health;
ç) Possess a "Master of Science" or "Professional Master" degree, obtained at the end of the second cycle of studies with 120 credits and with a normal duration of 2 (two) academic years, in "Legal or Economic Sciences";
d) Have at least 15 (fifteen) years of work experience, of which at least 5 (five) years at the management level in the public administration;
dh) Not to have been dismissed for a disciplinary violation from the public administration, as well as not to have a disciplinary measure that has not been extinguished according to the legislation in force;
e) Not having been deprived of the right to exercise public functions by a final court decision;
ë) Criminal prosecution against him has not been initiated;
f) Not having been convicted by a final court decision for committing a crime;
g) To fulfill the security conditions for the control of the verification of the assets and the image;
gj) To have no conflict of interest with the task or function he will perform, in accordance with the conflict of interest legislation.

10. The General Director of the AIF is released from office by decision of the Council of Ministers, with the proposal of the minister responsible for finance when:

a) reaches the age for old-age pension;
b) resign from office;
c) loses Albanian citizenship;
ç) is declared unfit for work by the competent medical commission or the court decision on the limitation or removal of the ability to act takes final form;
d) cannot exercise the duty for an uninterrupted period of time, longer than 6 (six) months;
dh) is punished by a final court decision for committing a crime;
e) has a continuous conflict of interest with the task he performs, in accordance with the conflict of interest legislation;
ë) the right to exercise public functions is revoked by a final court decision;
f) is appointed to another position.

11. The General Director of AIF is dismissed from office by decision of the Council of Ministers, with the proposal of the minister responsible for finance when:

a) violations of the provisions of the law in force on the prevention of money laundering and financing of terrorism are found;
b) the security certificate is removed or denied according to the legislation in force;
c) commits acts and behaviors that discredit his position and image or the reputation of the institution;
ç) performs activities that create a conflict of interests, in accordance with the conflict of interests legislation;
d) absent from duty, without reasonable cause, for more than 30 (thirty) consecutive/following days;
dh) commits serious violations during the performance of duty.

12. AIF, in fulfillment of its mission, areas of responsibility and functional responsibilities, performs the following tasks:

a) Collects, administers, processes, analyzes and distributes to the competent authorities data, reports and information on the issues of money laundering and terrorist financing;
b) Exchanges information with the prosecutions of the general jurisdiction, the Special Prosecutor's Office, the State Police, the National Bureau of Investigation, the State Information Service and other competent law enforcement or intelligence authorities on the issues of cleaning the proceeds of criminal offences, criminal offenses or criminal activities that generate proceeds of crime and terrorist financing;
c) Exchange information with any counterpart foreign agency, subject to similar confidentiality obligations;
ç) Supervises the compliance of the entities' activity with the requirements of legal and bylaw acts for the prevention of money laundering and terrorist financing, including on-site and remote inspections, alone or in cooperation with the supervisory authorities;
d) Mainly, based on a decision of the Council of Ministers, or for cases requested by the Special Financial Action Group, other international organizations, from which obligations arise for the Republic of Albania, issue a list of countries for restriction and/ or the control of the transactions or business relations of the entities, proportional to the risks identified, these decisions are mandatory for implementation by the entities and state authorities that have obligations under this law;
dh) Organizes and participates, together with public and private institutions, in training activities for the prevention of money laundering and terrorist financing, as well as organizes or participates in programs to increase public awareness;
e) Notifies the relevant supervisory authority, when it notices that a subject does not fulfill the obligations defined in this law;
ë) Publish within the first quarter of each year the annual public report for the preceding year on the activity of the responsible authority;
f) Periodically reviews the effectiveness and efficiency of the domestic system for the fight against money laundering and terrorist financing.

13. The work relationship of AIF employees is a legal relationship of an administrative nature with the aim of creating a stable, professional financial intelligence structure, based on merit and integrity.

14. The work relations of the general director, officials and administrative employees of the AIF are regulated according to the provisions in force of the Labor Code./ CNA