Precautionary Measures: A Critical Component in Fighting Money Laundering
As part of its ongoing efforts to combat money laundering, the Turkish government has implemented a range of precautionary measures aimed at protecting claims and rights during the preliminary investigation and trial phases.
Request for Precautionary Measures
Under these measures, requests for precautionary measures are typically concluded within 24 hours of evaluation. Public Prosecutors can freeze claims and rights in cases where necessary to avoid delay. The Peace Court Magistrate is notified of the decision at the latest within 24 hours, with the option to approve or reject the request.
Conditions for Controlled Delivery
In specific circumstances, controlled delivery can be applied to disrupt organized smuggling activities. For this to occur, several conditions must be met:
- Existence of a very seriously organized smuggling activity
- Absence of other means to expose organizers and members
- Securing the supervision of smuggled goods or funds until they reach their final destination
- Existence of required period of time for controlled delivery
Additionally, for goods and funds prepared in Turkey for smuggling abroad or transportation through Turkey, assurances must be provided by the requesting state regarding uninterrupted continuation of controlled delivery and prosecution.
Decision and Procedures
The Chief Public Prosecutor of the State Security Court in Ankara is responsible for deciding on applications for controlled delivery. If follow-up and surveillance operations are in danger or if the possibility of loss of evidence or escape of the accused arises, controlled delivery can be terminated immediately.
- Jurisdictional power: The court where the operation terminates has jurisdiction over controlled delivery, without abolishing the jurisdictional power of Turkish courts.
- Termination: Controlled delivery can be terminated immediately if necessary, and the operation will continue under the supervision of the relevant public prosecutor’s office.
Violations
Anyone who discloses confidential information or fails to provide requested documentation and records can face imprisonment for up to three years. Those who fail to comply with customer identification requirements or make suspicious transactions can also be held accountable under this law.
Additional Payments and Regulations
The Financial Crimes Investigation Board is entitled to receive additional payments for meetings, subject to approval by the Minister. Necessary regulations will be issued by the Council of Ministers within six months of the law’s promulgation to provide guidelines on:
- Submitting information
- Customer identification
- Research and examination methods
- Suspicious transactions
- Property determination
- Coordination Board functioning
The principles and procedures of controlled delivery will be determined in a regulation issued by the Ministry of Interior after consulting with the Ministries of Justice and Finance.