Annex 1: Comparative Overview of Financial Services Provisions in EU FTAs, FATF Membership
Mex ico South-Africa Serbia Korea Peru/Colombia Article 18
Regulatory carve-out Each Party may regulate the supply of financial services, in so far as regulations do not discriminate against financial service or financial service suppliers of the other Party in comparison 3. If a Party enters into an agreement of the type referred to its own Exceptions/ like financial services exemptions and financial service
suppliers.
Article 19
Prudential carve-out 1. Nothing in this Chapter shall be construed to prevent a Party from adopting or maintaining reasonable measures for prudential reasons, such as:
a) the protection of investors, depositors, financial market
Annex VI
Establishment: Financial Services
(a) Activities carried out by central banks or by any other public institution in pursuit of monetary and exchange rate policies;
(b) activities conducted by central banks, government agencies or departments, or public institutions, for the account or with the guarantee of the
government, except when those activities may be carried out by financial service providers in competition with such public entities;
(c) activities forming part of a statutory system of social security or public retirement plans, except when those activities may be carried by financial service providers in competition with public entities or private institutions.
Article 7.38
Prudential carve-out Each Party may adopt or maintain measures for prudential reasons, including:
(a) the protection of investors, depositors, policy-holders or persons to whom a fiduciary duty is owed by a financial service supplier; and;
(b) ) ensuring the integrity and stability of the Party’s financial system.
Article 7.44 Specific exceptions Nothing in this Chapter shall be construed to prevent a Party, including its public entities, from exclusively conducting or providing in its territory activities or services forming part of a public retirement plan or statutory system of social security, except when those activities may be
Article 159
Specific Exceptions 1. Nothing in this Title shall be construed to prevent a Party, including its public entities, from exclusively conducting or providing, in its territory, activities or services forming part of a public retirement plan or statutory system of social security, except when those activities may be carried out, as provided by the domestic regulation of that Party, by financial service suppliers in competition with public entities or private institutions.
2. Nothing in this Agreement applies to activities or measures conducted or adopted by a central bank or monetary, exchange rate or credit authority or by any other public entity in pursuit of monetary and related credit or exchange rate policies.
Mexico South-Africa Serbia Korea Peru/Colombia participants, policy-
holders, policy- claimants, or persons to whom a fiduciary duty is owed by a financial service
(b) the maintenance of the safety, soundness, integrity or financial responsibility of financial service suppliers; or (c) ) ensuring the integrity and stability of a Party’s financial system.
Article 26
Specific exceptions 1. Nothing in this Chapter shall be construed to prevent a Party, including its public entities, from exclusively conducting of a public retirement plan or statutory system of social security, except when those activities may be carried out by
carried out, as provided by its domestic regulations, by financial service suppliers in competition with public entities or private
institutions.
2. Nothing in this Agreement shall apply to activities conducted by a central bank or monetary authority or by any other public entity in pursuit of monetary or exchange rate policies.
3. Nothing in this Chapter shall be construed to prevent a Party, including its public entities, from exclusively conducting or providing in its territory activities or services for the account or with the guarantee or using the financial resources of the Party, including its public entities except when those activities may be carried out, as provided by its domestic regulations, by financial service suppliers
3. Nothing in this Title shall be construed to prevent a Party, including its public entities, from exclusively conducting or providing in its territory activities or services for the account or with the guarantee or using the financial resources of the Party, or its public entities.
Article 154
Prudential Carve-Out 1. Notwithstanding other provisions of this Title or Title V (Current Payments and Movements of Capital), a Party may adopt or maintain for prudential reasons, measures such as:
(a) the protection of investors, depositors, policy-holders or persons to whom a fiduciary duty is owed by a financial service supplier;
(b) ) ensuring the integrity and stability of its financial system.
Mexico South-Africa Serbia Korea Peru/Colombia financial service
suppliers in competition with public entities or private institutions.
2. Nothing in this Chapter applies to activities conducted by a central bank or monetary authority or by any other public entity in pursuit of monetary or exchange rate policies.
3. Nothing in this Chapter shall be construed to prevent a Party, including its public entities, from exclusively conducting Consultations or providing in its territory activities or services for the account or with the guarantee or using the financial resources of the Party, or its public entities.
in competition with public entities or private
institutions.
Mexico South-Africa Serbia Korea Peru/Colombia
Current payments
Article 29
Payments related to investment
1. Without prejudice to Articles 30 and 31, restrictions on payments related to investment between the Parties shall be Balance of payments difficulties progressively
eliminated. The Parties undertake not to introduce any new restrictions on payments related to direct investment from the entry into force of this Decision.
Article 32
Current payments
1. Subject to the provisions of Article 34, the Parties undertake to allow all payments for current transactions between residents of the Community and of South Africa to be made in freely convertible currency.
2. South Africa may take the necessary measures to ensure that the provisions of paragraph 1, which liberalise current payments, are not used by its residents to make unauthorised capital outflows.
Chapter III: Supply of Services
Article 62
The Parties undertake to authorise, in freely convertible currency, in accordance with the provisions of Article VIII of the Articles of the
Agreement of the International Monetary Fund, any payments and transfers on the current account of balance of payments between the Community and Serbia.
Article 8.1 Current payments The Parties undertake to impose no restrictions on, and to allow, all payments and transfers on the current account of balance of payments between residents of the Parties to be made in freely convertible currency, in accordance with the Articles of Agreement of the International Monetary Fund.
Article 168 Current Account
The Parties shall authorise, in freely convertible currency and in accordance with the provisions of Article VIII of the Articles of Agreement of the
International Monetary Fund, any payments and transfers on the current account of balance of payments between the Parties.
Capital movement
Article 8
Capital movements and payments The objective of this Title is to establish a framework to encourage the progressive and reciprocal liberalisation of capital movements
Article 33
Capital movements
1. With regard to transactions on the capital account of balance of payments, the Community and South Africa shall ensure, from the entry into force of this Agreement, that capital relating to direct investments in South Africa in
Chapter III: Supply of Services
Article 63 1. With regard to
transactions on the capital and financial account of balance of payments, from the entry into force of this Agreement, the Parties shall
Article 8.2
Capital movements 1. With regard to
transactions on the capital and financial account of balance of payments, the Parties undertake to impose no restrictions on the free movement of capital relating to direct
Article 169 Capital Account
With regard to transactions on the capital and financial account of balance of payments, following the entry into force of this Agreement, the Parties shall ensure the free movement of capital relating to direct
Mexico South-Africa Serbia Korea Peru/Colombia and payments between
Mexico and the Community, without prejudice to other provisions in this Agreement and further obligations under other international
agreements that are applicable between the Parties.
companies formed in accordance with current laws can move freely, and that such investment and any profit stemming therefrom can be liquidated and repatriated.
2. The Parties shall consult each other with a view to facilitating and eventually achieving full liberalisation of the movement of capital between the Community and South Africa.
ensure the free movement of capital relating to direct investments made in companies formed in accordance with the laws of the host country and investments made in accordance with the provisions of Chapter II of Title V, and the liquidation or repatriation of these investments and of any profit stemming there from.
2. With regard to
transactions on the capital and financial account of balance of payments, from the entry into force of this Agreement, the Parties shall ensure the free movement of capital relating to credits related to commercial transactions or to the provision of services in which a resident of one of the Parties is participating, and to financial loans and credits, with maturity longer than a year.
investments made in accordance with the laws of the host country, to investments and other transactions liberalised in accordance with Chapter Seven (Trade in Services, Establishment and Electronic Commerce) and to the liquidation and repatriation of such invested capital and of any profit generated therefrom.
investments56 made in juridical persons constituted in accordance with the laws of the host country and investments and other transactions made in accordance with the provisions of Title IV (Trade in Services, Establishment, and Electronic Commerce), as well as the liquidation and repatriation of these investments and of any profit stemming therefrom.
Mexico South-Africa Serbia Korea Peru/Colombia
Wording of money laundering provision
Article 28 Cooperation on combating drug trafficking, money laundering and chemical precursors
1. The Parties shall take the appropriate measures for
cooperation and liaison, that they consider appropriate, to intensify their actions for the prevention and reduction of
production, distribution and illegal consumption of drugs, in conformity with their respective internal legal regulations.
2. Relying on the competent bodies in this field, such cooperation shall involve in particular:
[…]
(c) exchange of information regarding
Article 90
Fight against drugs and money laundering The Parties undertake to cooperate in the fight against drugs and money laundering by:
(a) ) promoting the South African drugs control master plan and enhancing the effectiveness of South African and southern African regional programmes to counter the illegal abuse of narcotic drugs and psychotropic substances as well as the production, supply and trafficking of these substances, based on the relevant international UN Drugs Control Conventions;
(b) ) preventing the use of their financial institutions to launder capital arising from criminal activities in general and from drugs trafficking in particular on the basis of standards equivalent to those adopted by international bodies, in particular the
Article 84
Money laundering and financing of terrorism 1. The Parties shall cooperate in order to prevent the use of their financial systems and relevant non-financial sectors for laundering of proceeds from criminal activities in general and drug offences in particular, as well as for the purpose of financing terrorism.
2. Cooperation in this area may include administrative and technical assistance with the purpose of developing the implementation of regulations and efficient functioning of the suitable standards and mechanisms to combat money laundering and financing of terrorism equivalent to those adopted by the Community and international fora in this field, in particular the Financial Action Task Force (FATF).
Article 7.24 Governance
Each Party shall, to the extent practicable, ensure that internationally agreed standards for regulation and supervision in the financial services sector and for the fight against tax evasion and avoidance are implemented and applied in its territory.
Such internationally agreed standards are, inter alia, the Core Principle for Effective Banking Supervision of the Basel Committee on Banking Supervision, the Insurance Core Principles and Methodology, approved in Singapore on 3 October 2003 of the International Association of Insurance Supervisors, the Objectives and Principles of Securities Regulation of the
International Organisation of Securities Commissions, the Agreement on
Article 155
Effective and Transparent Regulation
[…]
4. Each Party shall make its best endeavours to ensure that international standards for regulation and
supervision in the financial services sector and for the fight against money laundering and the financing of terrorism are implemented and applied in its territory. Such
international standards are the Core Principle for Effective Banking Supervision of the Basel Committee, the Insurance Core Principles and Methodology of the International Association of Insurance Supervisors, the Objectives and Principles of Securities Regulation of the International Organisation of Securities Commissions, the Forty Recommendations on Money Laundering, and
Mexico South-Africa Serbia Korea Peru/Colombia legislative and
administrative treatment and the adoption of appropriate measures on the control of drugs and on combating money- laundering, including measures adopted by the Community and international bodies active in this field; […]
Financial Action Task Force (FATF), […]
Exchange of Information on Tax Matters of the Organisation for Economic Cooperation and
Development (hereinafter referred to as the ‘OECD’), the Statement on
Transparency and Exchange of Information for Tax Purposes of the G20, and the Forty recommendations on Money Laundering and Nine Special
Recommendations on Terrorist Financing of the Financial Action Task Force.
the Nine Special Recommendations on Terrorist Financing of the Financial Action Task Force.
5. The Parties also take note of the "Ten Key Principles for Information Sharing"
promulgated by the Finance Ministers of the G7 Nations and the Agreement on Exchange of Information on Tax Matters of the
Organisation on Economic Cooperation and
Development's (hereinafter referred to as (“OECD“) and the Statement on
Transparency and exchange of information for tax purposes of the G20. […]
FATF Member/
Regional organisation
Yes / GAFILAT Yes / ESAAMLG No / Moneyval Yes / APG No / GAFILAT
Number of prosecutions for money laundering
162 (Sep 2009-Jul 2010);
54 (Jan-Oct 2011);
155 (Nov 2011-Nov 2012);
21 (2010);
38 (2011);
29 (2012);
255 (pending as of May 2011);
4 (2012);
2 (2013)
153 (2010);
249 (2011);
248 (2012);
Colombia:
115 (2010);
97 (2012);
67 (2013);
Mexico South-Africa Serbia Korea Peru/Colombia activities
2010-2014689
84 (2013)690 37 (2013)691 350 (2013)692
Peru:
0 (up to 2012);
238 (2013);
158 (2014);
Reported convictions for money laundering activities 2010-2014
17 (Sep 2009-Jul 2010);693
13 (Jan-Jul 2011);
160 (Nov 2011-Nov 2012);
15 (2013)694
0 (2010);
8(2011);
13 (2012);
11 (2013)695
19 (as of May 2011);
15 (2012);
0 (2013)
62 (2010);
84 (2011);
79 (2012);
141 (2013)696
Colombia:
95 (2010);
80 (2012);
8 (2013);
57 (2014) Peru:
0 (up to 2013);
2 (2014)
689 Unless otherwise provided, information based on the U.S. Department of State’s Narcotic Control Reports 2011-2015, available at:
http://www.state.gov/j/inl/rls/nrcrpt/index.htm.
690 Figures over 2013 based on the FATF’s 7th Follow-up Report, Mutual Evaluation of Mexico, February 2014, available at: http://www.fatf- gafi.org/media/fatf/documents/reports/mer/Follow-up-report-Mexico-2014.pdf. complete the reference and add link in the title
691 Figures of South Africa based on: IMF, South Africa Financial Sector Assessment Program, Anti-money Laundering and Combating the Financing of Terrorism (AML/CFT) - Technical Note, IMF Country Report No. 15/51, February 2015, p. 19.
692 Figures of Korea based on: FATF, 8th Follow-up Report, Mutual Evaluation of Korea, June 2014.
693 37 Individuals.
694 Supra footnote 538.
695 Supra footnote 691, p. 20.
696 Supra footnote 692, p. 23.
Mexico South-Africa Serbia Korea Peru/Colombia
Suspicious transactions reported 2010- 2014
34,511 (Jan-Sep 2010);
36,040 (Jan-Sep 2011);
44,591 (Jan-Oct 2012);
117,731 (Oct 2012-Nov 2013);
86,293 (Jan- Sep 2014)
36,990 (Apr 2010- Mar 2011);
53,506 (Apr 2011-Mar 2012) ; 147,744 (Apr 2012- Mar 2013);
355,369 (Apr 2013-Mar 2014)
3,854 (Jan-Oct 2010);
2,257 (Jan-Oct 2011);
811 (2012);
634 (2013)
27 (2009);
101 (2010);
96 (2011);
116 (2012);
295 (2013)697
Colombia:
9,600 (2010)
4,904 (Jan-Aug 2011);
4,842 (Jan-Aug 2012);
5,224 (Jan-Sep 2013);
6,943 (Jan-Nov 2014) Peru:
2,337 (2010);
1,650 (Jan-Sep 2011);
2,605 (Jan-Sep 2012);
3,265 (Jan-Sep 2013);
4,624 (Jan-Sep 2014)698
697 Supra footnote 6920, p. 16.
698 Note that these figures are different from those provided in Box 16, which draws from the Peruvian Financial Intelligence Unit and moreover