The National center for the prohibition of
money laundering
General
According to the Prohibition of Money Laundering Law,
2000, and the Regulations on Prohibition of Money Laundering (Methods
of Reporting Funds when Entering or Leaving Israel 2001), starting from
Sunday February 17, 2002, reporting of transfer of money into
or out of the country is required by law, as described below.
For the purpose of reporting, "money" refers to cash,
bank checks and travelers' checks.
- The amount of money that must be reported is 90,000 New
Israeli Shekels (NIS) or higher (combined sum in reporting party's
possession, whether entering or leaving the country).
- For a new immigrant first entering the country the sum that must
be reported is NIS 1,000,000 or higher (combined sum in the reporting
party's possession)
Background 1
The fight against international crime, especially in the
fields of illegal drugs and other serious crime, has focused in the
last decade on the phenomenon
of money laundering. These
offenses are mostly conducted by drug dealers and criminals belonging
to organized crime, working at an ever-growing sophistication, as a
means to keep the profits of their criminal activities.
Money laundering is a felony against property, usually using an existing
financial system, with the intent of hiding illegally obtained property
in legal property by obscuring the illegal source of the property.
The methods of money laundering are numerous and varied, however, the
common denominator among these methods is the misuse of the efficiency,
computerization and globalization of the world financial systems for
the purposes of depositing funds and transferring from place to place
by disguising the identities of the owners and the sources of the money.
The process includes, among other things "placing"
money (mostly cash with a high value) in legitimate financial systems
in such a way that significantly conceals the illegal source of the
money and makes locating the money difficult. In addition, the process
includes additional legitimate transactions that are conducted between
the local authorities in various countries. These transactions are done
by "hiding" the property in the legitimate financial systems,
in order that the criminal source of the money can not be located.
Typical methods of money laundering are:
- Smuggling money into countries in which the supervision of currency
is lax, confidentiality laws in the banks are strict and there is
no obligation to report suspicious bank transactions;
- Counterfeit electronic transfer
of money, as a first step in placing the property in a legitimate
financial system;
- "Formulation" or splitting of deposits and transfers into
a series of transactions which are exempt from the obligation to report
and document, where such obligations exist, on bank transactions for
certain sums;
- Use of fictitious companies as a vessel for money transfer, and
the use of a frontal companies which engage in legitimate business,
usually companies which have a high cash flow, which is hard to assess,
by manipulating the business documentation of that company;.
- Exaggerating profits in reporting to authorities;.
- Importation and exportation of goods with fictitious invoices at
a heightened price;
- Establishing underground banking systems, which enables international
electronic transfer of money;
- Use of money changers for conversion and transfer of large sums
of money;
- Fictitious "lending"
transactions;
- Purchasing of valuable assets (diamonds, gold, art, real-estate);
- Investing cash in companies with high business capital
(contracting companies, insurance companies and investment
companies);
- Use of a "cover company" and "cover men" for
the purpose of conducting laundering transactions.
These methods are conducted by misuse of the banks' confidentiality
laws and by exploitation of the countries interests in financial and
economic investments in these fields, including their readiness to look
the other way as to the source of the investigated capital.
The awareness to fight against the phenomenon of money laundering as
a main strategy in the fight against drugs, and organized crime, with
international cooperation, is considered important by most countries.
Investing efforts into neutralizing the basis of profits
from illegal transactions have a twofold result: first this money is
taken out of the fiscal turnover and thus can not be re-introduced to
fund further illegal transactions, and secondly, preventing the criminal
from making a profit from these business dealings eliminates the incentive
to commit the crime.
The international awareness as to the new strategy in
the fight against drugs and organized crime is expressed by a number
of steps that have been taken on the international level, with common
standards and adoption of legislation which enables the implementation
of those standards. This international awareness, together with the
concern that the State of Israel is beings used as a base for money
laundering and that the lack of organized, practical steps to deal with
this phenomenon, Israel is in the danger of being used as a widespread
base for money laundering, which might damage the reputation of the
financial and bank systems of Israel, and the publics' trust in these
systems in Israel- these brought forth the Prohibition on Money Laundering
Law2 (hereinafter "The Law").
The deployment model which was chosen, suited with certain changes,
was the European Union's model. Which is based on the obligation to
report suspicious transactions and limited reporting of transactions
bearing certain characteristics, unlike the American model, which requires
an all-encompassing and general obligation to report.
The Department of Customs and VAT has taken upon itself to handle the
physical transfer of money into Israel, and out of Israel, by creating
a wide reporting system using legal regulations3, according
to them, people who must report the transfer of money will report to
the Customs Authorities using a reporting form, which will be transferred
to a data base located at the Ministry of Justice.
Obligation to Report
The law obligates every person entering Israel or leaving Israel who
carries with him money ("money" here refers to cash. Bank
and traveler's checks), must report these upon entering to Israel or
exiting from Israel, if the combined sum is 90,000 New Israeli Shekels
(NIS) or higher (If the person entering the country is a new immigrant,
according to the law of Return 19504, he/she must report
if the individual or combined sum exceeds 1,000,000) NIS.
Violation to Report
Violation of the obligation to report is an offense for which the penalty
is 6 months imprisonment or a fine as stated in Paragraph 61(A)(4) to
the Penal Law, or ten times the amount which was not declared, whichever
sum is higher. In addition the law authorizes police officers and customs
officials to seize the money exceeding the exempted sum, and authorizes
the Director General of Customs and VAT to create a committee for imposing
monetary sanction for the said violation.
1 Sefer Hahkukim ("Book
of Laws") P. 293
2 Regulations Compilation, P. 275
3 Laws of the
State of Israel, New Version 3 P. 39
4 Official Gazette, Appendix P. 45
Method of Reporting
1. Reporting shall be done on Customs Form 84 "Declaration
on the Report of Monetary Transportation". The form is available
at all customs houses and at border stations. In addition the form may
be mailed or faxed to persons contacting the "National Center"
at |phone number 02-666 4000.
The form may
also be downloaded from this website.
2. In instances where money is taken into or out of the country as accompanying
luggage: Upon leaving Israel, the traveler must complete the reporting
form and submit it to a Customs official in the exit lounge, In exits
where there is no customs post, the form must be completed and submitted
to the Customs official upon located at the entry point into the country.
In entrances where the dual "Red/Green" channel exists - the
traveler must contact a customs official in the red channel, complete
and submit the reporting form. In other entrances - the traveler must
complete the form and submit it to the customs official stationed on
site.
Travelers must submit the form to the Border Control Official in
the following Locations: Sde-Dov Air Port, Asheklon Marina, Hertzelia
Marina and Tel-Aviv Marina.
3. In instances where money is brought in or taken out of Israel by
post or dispatched by any other delivery method: The form must be submitted
to the Customs official at the postal/delivery receipt site. If there
is no Customs official on site, the completed form must be sent by registered
mail with a delivery confirmation before the sending of the shipment
for a delivery exiting Israel, and for a delivery which is entering
Israel within 72 hours from reception, to the following address:
The National Center for the Prohibition of Money Laundering,
Israel Tax Authority
P.O.B .320, Jerusalem, Israel 91012
Tel: 972-2-6511911
Fax: 972-2-6536111
E-Mail -moneylaundering@customs.mof.gov.il