Organization of American States Summits of the Americas
 
Follow-up and Implementation: Mandates
  

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SECURITY: Money Laundering
 MANDATES

  1. Continue meeting the commitments undertaken at the Eighth Summit of the Americas, in particular the Lima Commitment on Democratic Governance Against Corruption, while reaffirming our commitment to treaties such as the UN Convention against Corruption, the UN Convention against Transnational Organized Crime, and the InterAmerican Convention Against Corruption, and taking the following actions:

    • b. Establish measures, systems, and public awareness campaigns that generate incentives to improve the conditions for reporting of possible irregularities and acts of corruption, including the laundering of the proceeds generated by acts of corruption, as well as measures that provide effective protection from potential retaliation or intimidation, use of physical force or threats for reporting persons, victims, whistleblowers, witnesses, and justice and law enforcement officials, consistent with international obligations; (Inter-American Action Plan on Democratic Governance, IX Summit of the Americas, Los Angeles, 2022).

  1. Adopt appropriate measures to address the political commitments in the UN General Assembly Resolution A/RES/S-32-1, which approved the political declaration “Our common commitment to effectively addressing challenges and implementing measures to prevent and combat corruption and strengthen international cooperation,” as well as continue to advance the outcomes achieved in the preparatory process for this special period of this General Assembly, including, as appropriate and according to domestic legislation, to:

    • a. Develop and implement regulations and measures to collect and exchange information on the beneficial ownership of legal persons and legal arrangements to facilitate the investigation and prosecution of corruption, consistent with domestic law;

    • e. Strengthen, as appropriate, and according to domestic legislation, the capacities of central authorities responsible for international legal cooperation and the processing of requests for asset recovery, and continually take advantage of and expand relevant knowledge of experts and officials, in order to improve electronic processing of requests for international legal cooperation aimed at tracing, freezing, restraining, seizing, confiscating, and returning of proceeds and instrumentalities of crime, with a view to more effectively responding to requests relating to asset recovery; (Inter-American Action Plan on Democratic Governance, IX Summit of the Americas, Los Angeles, 2022).

  1. Promote and strengthen international cooperation among States to effectively prevent, prosecute, investigate, and try cybercrimes, illicit use of data that belong to government, private institutions, and persons and other criminal activities furthered by the misuse of information and communication technologies, such as human trafficking, migrant smuggling, child sexual exploitation and other forms of sexual violence, and illicit drug and arms trafficking, as well as money laundering, inter alia, in a framework of respect for human rights and with a gender perspective. (Regional Agenda for Digital Transformation, IX Summit of the Americas, Los Angeles, 2022).

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  1. Promoting the broadest possible cooperation among judicial, police, and prosecutorial authorities, financial intelligence units, and administrative authorities in investigations and procedures related to offenses of corruption, money laundering, and transnational bribery and corruption. (Lima Commitment. Peru, 2018)

  1. Calling upon the Joint Summit Working Group (JSWG) to support the implementation and strengthening of national human rights-based programs to develop the capacity of the police, public prosecutors’ offices, the judiciary, and domestic oversight agencies to combat acts of corruption, including those related to drug trafficking, trafficking in persons, trafficking in firearms and other weapons and the smuggling of goods and wildlife. (Lima Commitment. Peru, 2018)

  1. We will continue to fight all forms of transnational organised crime, illicit trafficking in drugs, illicit trafficking in arms, ammunition and explosives, illicit trafficking in persons and smuggling of migrants, money laundering, corruption, terrorism, kidnapping, criminal gangs, and crimes associated with the use of technology, including cyber crime. We therefore reaffirm our will to implement the Commitment to Public Security in the Americas adopted by the First Meeting of Ministers Responsible for Public Security in the Americas in October 2008 in Mexico City, the commitments emanating from Meetings of Ministers of Justice or other Ministers or Attorneys General of the Americas (REMJA), as well as the 2006 Hemispheric Plan of Action Against Transnational Organised Crime. We thus invite the international community and international financial organisations to continue making financial contributions and other appropriate forms of assistance, within the scope of their respective competencies, to facilitate the achievement of the objectives of public security in the Americas. (Declaration of Port of Spain, 2009).

  1. We will redouble our efforts to prevent access to our financial systems by funds/assets of illicit origin, through national measures and international cooperation to identify, track, freeze, seize or forfeit the funds/assets that are proceeds of criminal activity, and determine their destination and/or return in accordance with our national legislation and international law. (Declaration of Port of Spain, 2009).

  1. We will take all necessary steps to prevent and counter terrorism and its financing in full compliance with our obligations under international law, including international human rights, refugee, and humanitarian law. Similarly, we commit to fight all forms of transnational crime, including illicit trafficking in drugs, arms, and persons, particularly when they generate funds used in support of terrorist organizations. We also commit to adhere to global anti-money laundering and anti-terrorist financing standards. (Declaration of Nuevo León, 2004).

  1. Support measures to impede organized crime, money-laundering, the diversion of chemical precursors, the financing of armed groups, and other illicit activities resulting from drug and arms trafficking; (Plan of Action Québec, 2001).

  1. Implement collective strategies, including those that emerge from the Meetings of Ministers of Justice of the Americas, to enhance the institutional ability of states to exchange information and evidence by concluding international agreements on mutual legal assistance where necessary, develop and circulate national reports, and strengthen cooperation, seeking the technical and financial support of multilateral organizations and MDBs where appropriate, in order to jointly combat emerging forms of transnational criminal activity, including trafficking in persons and the laundering of the proceeds and assets of crime and cyber-crime; (Plan of Action Québec, 2001).

  1. We will lend new impetus to the struggle against corruption, money laundering, terrorism, weapons trafficking, and the drug problem, including illicit use, and work together to ensure that criminals do not find safe haven anywhere in the Hemisphere. We are determined to persevere in this direction (Declaration of Santiago, 1998).

  1. Establish or strengthen existing, duly trained and equipped specialized central units responsible for requesting, analyzing and exchanging among the competent State authorities information relating to the laundering of the proceeds, assets and instrumentalities used in criminal activities (also known as money laundering); (Plan of Action Santiago, 1998).

  1. Encourage financial institutions to redouble their efforts to prevent money laundering and the appropriate business sectors to strengthen its controls to prevent the diversion of chemical precursors. (Plan of Action Santiago, 1998).

  1. Recognizing the pernicious effects of organized crime and illegal narcotics on our economies, ethical values, public health, and the social fabric, we will join the battle against the consumption, production, trafficking and distribution of illegal drugs, as well as against money laundering and the illicit trafficking in arms and chemical precursors. We will also cooperate to create viable alternative development strategies in those countries in which illicit crops are grown. Cooperation should be extended to international and national programs aimed at curbing the production, use and trafficking of illicit drugs and the rehabilitation of addicts (Declaration of Principles Miami, 1994).

  • 6.1 The problems of illegal drug and related criminal activities pose grave threats to the societies, free market economies, and democratic institutions of the Hemisphere. Drug use imposes enormous social costs; drug money and income are net drains on economic growth; and drug lords and criminal organizations endanger the security of our people through corruption, intimidation, and violence. While drug trafficking continues to be a significant source of illegal funds, the money laundering industry increasingly deals with the proceeds of all types of criminal activity. An integrated and balanced approach that includes respect for national sovereignty is essential to confront all aspects of these problems. For these reasons, a broad coordinated hemispheric strategy to reduce drug use and production, including new enforcement methods that can disrupt drug trafficking and money laundering networks and prosecutes those engaged in such activities, is required. In this context, governments note the work of the 1992 San Antonio Summit, endorse the efforts of the Inter-American Commission on Drug Abuse Control, and agree to work together to formulate a counter-narcotics strategy for the 21st Century. (Plan of Action Miami, 1994).

  • 6.2 Ratify the 1988 United Nations Convention Against the Illicit Traffic of Narcotics and Psychotropic Substances and make it a criminal offense to launder the proceeds of all serious crimes. (Plan of Action Miami, 1994).

  • 6.3 Enact legislation to permit the freezing and forfeiture of the proceeds of money laundering and consider the sharing of forfeited assets among governments. (Plan of Action Miami, 1994).

  • 6.4 As agreed by ministers and representatives of Caribbean and Latin American governments in the Kingston Declaration, November 5-6, 1992, implement the recommendations of the Caribbean Financial Action Task Force on Money Laundering and work to adopt the Model Regulations of the Inter-American Commission on Drug Abuse Control (CICAD). (Plan of Action Miami, 1994).

  • 6.5 Encourage financial institutions to report large and suspicious transactions to appropriate authorities and develop effective procedures that would allow the collection of relevant information from financial institutions. (Plan of Action Miami, 1994).

  • 6.10 Hold a working-level conference, to be followed by a ministerial conference, to study and agree on a coordinated hemispheric response, including consideration of an inter-American convention, to combat money laundering. (Plan of Action Miami, 1994).

 

 
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