Cash Controls Regulations, 2007

L.N. 149 of 2007

EXTERNAL TRANSACTIONS ACT

(CAP. 233)

Cash Controls Regulations, 2007

IN exercise of the powers conferred by article 7 of the External

Transactions Act, the Prime Minister and Minister for Finance has made

the following regulations>-

(1) The title of these regulations is the Cash Control Citation and

commencement.

Regulations, 2007.

(2) These regulations shall come into force on the 15th June,

2007.

Regulation 3

MALTA

1.Registration

reference

2.Date of receipt of declaration

3.1 DECLARATION for controls of cash entering or

leaving Malta and in Transit under L.N.149 of 2007

4.Competent authority to which declaration

Y

N

3.2 RECORD of information (L.N. 149 of 2007 art. 4)

Y

N

6.Type of declaration (please tick as

6.1 Entering Malta

6.2 Leaving Malta

(Please specify accordingly)

PART I

In these regulations, unless the context otherwise requires, any Interpretation.

terms used have the same meaning as is assigned to them in the Act<

and>

“the Act” means the External Transactions Act<

“cash” means any legal tender currency notes and coins and

includes monetary instruments<

“the Comptroller” means the Comptroller of Customs and

has the same meaning assigned to it in the Ordinance<

“Financial Intelligence Analysis Unit” has the same meaning

assigned to it under the Prevention of Money Laundering Act.

(1) Any person entering or leaving Malta, or transiting Procedure when

sum exceeds

through Malta and carrying a sum equivalent to Lm4,293 or more in Lm4,293.

cash shall be obliged to declare such sum to the Comptroller.

(2) The obligation to declare any such sum as in sub-

regulation (1) hereof shall not be fulfilled unless such person has

completed the applicable form, appearing in the Schedule to these

regulations, and has handed in such form to the Comptroller when

entering or leaving Malta, or transiting through Malta.

(3) Where any cash has not been declared as provided

in sub-regulation (1), the Comptroller shall seize the undeclared amount

in excess of Lm4,293, or the whole amount when the cash is indivisible.

(4) A person who makes a false declaration for the purpose

of these regulations or who does not fulfil the obligation to declare

such sum in terms of sub-regulation (2) of this regulation, shall be guilty

of an offence and shall, on conviction, be liable to a fine (multa)

equivalent to twenty-five per centum of the value, represented in local

currency on the date of entry or leaving Malta or transiting through

Malta, by the cash carried, but in any case not exceeding a fine (multa)

of twenty thousand liri.

(5) The court shall, besides the punishment to which it may

sentence the person convicted of an offence under sub-regulation (4) of

this regulation, order the forfeiture in favour of the Government of the

undeclared amount in excess of Lm4,293, or the whole amount when

the cash is indivisible.

(6) No criminal proceedings for an offence under these

regulations shall be commenced without the consent of the Attorney

General.

(1) The Comptroller shall compile and maintain a database

containing>

(a) the details of the declarations made under sub-regulation

(1) of regulation 3< and

(b) details of breaches of these regulations.

(2) The Comptroller shall pass on a weekly basis to the

Financial Intelligence Analysis Unit the details mentioned in sub-

regulation (1) of this regulation.

The Comptroller shall be empowered to exchange and transmit

information in accordance to Regulation (EC) No. 1889#2005 of the

European Parliament and of the Council of 26 October 2005 on controls

of cash entering or leaving the Community.

The Reporting of Cash Movements Regulations, 2004 are

hereby repealed.

Details of declarant

Details of owner of cash if different than the declarant

a.Name of person /

company

b.Nationality

c.Date of birth

d.Place of birth

e.Occupation

f.Address

g.Town

h.Post code/Zip

i.Country

8. Passport / ID details

Passport / ID details (if known by the declarant)

a.Number

b.Issuing date

c.Place of issue

PART II: DESCRIPTION OF THE CASH OR MONETARY INSTRUMENTS

11. Amount

Currency

b. Cheques, traveller cheques

c. Other (please specify)

PART III: PROVENANCE & DESTINATION OF CASH / MONETARY INSTRUMENTS

a.Name

recipient (if other than you)

b.Address

PART IV: TRANSPORT INFORMATION

Benefiëjarju intenzjonat

a.Isem

(jekk mhux int)

b.Indirizz

UŜu maħsub

TAQSIMA IV: INFORMAZZJONI DWAR IT-TRASPORT

Means of transport

(please tick as appropriate)

Air

Sea

Road

Rail

Other

Transport route

c.Country of

destination

a. Country of departure

b. Via

DD / MM /YY

DD / MM /YY

e. Arrival date

f. Transport company

g. Transport ref. Nr (e.g.flight number)

Is it your first visit to this country?

Yes

No (please indicate number of visits)

The undersigned declares that all above details are correct

Remarks of the competent authority

Signature of declarant

Signature & stamp of competent authority

IMPORTANT INFORMATION FOR COMPLETION OF THE FORM

GENERAL INFORMATION

- Any natural person entering or leaving Malta and carrying cash of a value of LM 4,293 or more shall declare that sum to the competent

authorities of Malta through which the traveller enters or leaves Malta [L.N.149 of 2007, article 3 ].

- In the event of false, inaccurate or incomplete information, the signatory will be considered not to have fulfilled the above obligation and may

be liable to penalties and have cash seized by Customs authorities under the existing national legislation of Malta [L.N. 149 of 2007 , article 3

(3), (4), (5)].

EXPLANATION NOTES

- All parts in yellow have to be filled in by the declarant; parts in grey are reserved for use by the Customs administration.

- Please fill in all parts using capital letters.

PART I

Indicate clearly your details as mentioned in your passport or your Identity Card (a copy of which might be kept by Customs authorities together

with this declaration). Passport / ID details shall be indicated in box 8.

9-10: If you carry cash on behalf of somebody else please indicate their details (if known but at least the name and the address). The same

applies for their passport / ID details.

PART II

11a-c. Please indicate the exact amount per instrument (if different monetary instruments were used) using the Maltese measurement system;

e.g 12,500.30.

12a-c. Indicate clearly in capital letters the currency (e.g. LM,EUROS, US dollars etc.)

According to the L.N.149 of 2007 art 2, you have to declare

a) bearer-negotiable instruments including monetary instruments in bearer form such as travellers cheques, negotiable instruments (including

cheques, promissory notes and money orders) that are either in bearer form, endorsed without restriction, made out to a fictitious payee, or

otherwise in such form that title thereto passes upon delivery and incomplete instruments (including cheques, promissory notes and money

orders) signed, but with the payee's name omitted;

b) currency (banknotes and coins that are in circulation as a medium of exchange.

PART III

13. Provenance: please indicate whether the sum(s) declared concern inheritance, savings, from sale, bank account, etc.

14. Please provide intended recipient's name and address if other than you.

15. Please explain briefly the intended use: e.g property, investment etc.

PART IV

16. Please tick the appropriate box: "road" means transport by any kind of road vehicle (car, bus, truck, bicycle, motorcycle etc.); only use the

box "other" if none of the other transport methods were used (e.g. pedestrian traffic). In this case please specify the transport method in box 17

g (e.g. by foot).

17a-g: Please provide all the information regarding the transport route.

18. If it is the first visit to this country tick "Yes"; if you tick "No" please indicate the number of previous visits.

The declaration has to be signed by the declarant. Upon request an endorsed copy shall be given to the declarant.

IMPORTANT: WHERE THIS FORM IS USED TO PROVIDE A RECORD OF INFORMATION AS INDICATED IN BOX 3.2, IT SHOULD NOT

BE SIGNED BY THE TRAVELLER.

1.Registration

EUROPEAN COMMUNITY

reference

2.Date of receipt of declaration

3.1 DECLARATION for controls of cash entering or

leaving the Community under Reg. 1889/05 art. 3(2)

4.Competent authority to which declaration

Y

N

3.2 RECORD of information (Reg. 1889/05 art. 4)

Y

N

6.Type of declaration (please tick as

6.1 Entering EU

6.2 Leaving EU

(Please specify accordingly)

PART I

7. Details of declarant

9. Details of owner of cash if different than the declarant

a.Name of person /

company

b.Nationality

c.Date of birth

d.Place of birth

e.Occupation

f.Address

g.Town

h.Post code/Zip

i.Country

8. Passport / ID details

10. Passport / ID details (if known by the declarant)

a.Number

b.Issuing date

c.Place of issue

PART II: DESCRIPTION OF THE CASH OR MONETARY INSTRUMENTS

11. Amount

12. Currency

b. Cheques, traveller cheques

c. Other (please specify)

PART III: PROVENANCE & DESTINATION OF CASH / MONETARY INSTRUMENTS

a.Name

recipient (if other than you)

b.Address

PART IV: TRANSPORT INFORMATION

16. Means of transport

(please tick as appropriate)

Air

Sea

Road

Rail

Other

17. Transport route

c.Country of

destination

a. Country of departure

b. Via

DD / MM /YY

DD / MM /YY

e. Arrival date

f. Transport company

g. Transport ref. Nr (e.g.flight number)

18. Is it your first visit to this country?

Yes

No (please indicate number of visits)

The undersigned declares that all above details are correct

Remarks of the competent authority

Signature of declarant

Signature & stamp of competent authority

IMPORTANT INFORMATION FOR COMPLETION OF THE FORM

GENERAL INFORMATION

- Any natural person entering or leaving the Community and carrying cash of a value of Lm 4, 293 or more shall declare that sum to the

competent authorities of the Member State through which the traveller enters or leaves the Community [Reg. EC 1889/2005, article 3 (1)].

- In the event of false, inaccurate or incomplete information, the signatory will be considered not to have fulfilled the above obligation and may

be liable to penalties or have cash detained by Customs authorities under the existing national legislation of the Member State and with

Community legislation [Reg. EC 1889/2005, article 3 (1) and 9(1)].

- Travellers should be aware that some Member States may apply additional measures regarding cash controls in accordance with their

national legislation (e.g. intra-community controls).

EXPLANATION NOTES

- All parts in yellow have to be filled in by the declarant; parts in grey are reserved for use by the Customs administration.

- Please fill in all parts using capital letters.

PART I

Indicate clearly your details as mentioned in your passport or your Identity Card (a copy of which might be kept by Customs authorities together

with this declaration). Passport / ID details shall be indicated in box 8.

9-10: If you carry cash on behalf of somebody else please indicate their details (if known but at least the name and the address). The same

applies for their passport / ID details.

PART II

11a-c. Please indicate the exact amount per instrument (if different monetary instruments were used) using the European measurement

system; e.g 12.500,30.

12a-c. Indicate clearly in capital letters the currency (e.g. EUROS, US dollars etc.)

According to the Reg. EC 1889/2005 art. 2(3) you have to declare

a) bearer-negotiable instruments including monetary instruments in bearer form such as travellers cheques, negotiable instruments (including

cheques, promissory notes and money orders) that are either in bearer form, endorsed without restriction, made out to a fictitious payee, or

otherwise in such form that title thereto passes upon delivery and incomplete instruments (including cheques, promissory notes and money

orders) signed, but with the payee's name omitted;

b) currency (banknotes and coins that are in circulation as a medium of exchange.

PART III

13. Provenance: please indicate whether the sum(s) declared concern inheritance, savings, from sale, bank account, etc.

14. Please provide intended recipient's name and address if other than you.

15. Please explain briefly the intended use: e.g property, investment etc.

PART IV

16. Please tick the appropriate box: "road" means transport by any kind of road vehicle (car, bus, truck, bicycle, motorcycle etc.); only use the

box "other" if none of the other transport methods were used (e.g. pedestrian traffic). In this case please specify the transport method in box 17

g (e.g. by foot).

17a-g: Please provide all the information regarding the transport route.

18. If it is the first visit to this country tick "Yes"; if you tick "No" please indicate the number of previous visits.

The declaration has to be signed by the declarant. Upon request an endorsed copy shall be delivered to the declarant [(Reg. 1889/2005 art.

3(3)].

IMPORTANT: WHERE THIS FORM IS USED TO PROVIDE A RECORD OF INFORMATION AS INDICATED IN BOX 3.2, IT SHOULD NOT

BE SIGNED BY THE TRAVELLER.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press