Cash Controls (Amendment) Regulations, 2013

L.N. 112 of 2013

EXTERNAL TRANSACTIONS ACT

(CAP. 233)

Cash Controls (Amendment) Regulations, 2013

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

Transactions Act, the Minister of Finance, the Economy and

Investment has made the following regulations:-

(1) The title of these regulations is the Cash Controls

(Amendment) Regulations, 2013, and these regulations shall be read

and construed as one with the Cash Controls Regulations, hereinafter

referred to as "the principal regulations".

(2) These regulations shall be deemed to have come into force

on the 1st January, 2013.

The Schedule to the principal regulations shall be

substituted by the following Schedule

"SCHEDULE

(Regulation 3)

CASH DECLARATION FORM

EN

Reference number

Read the notes on the reverse before completing this form.

USE CAPITAL LETTERS / TICK AS APPROPRIATE

1. You are

Entering EU

/MT

Leaving EU

/MT

Issuing place

2. Personal details

Male

Female

Surname(s)

Issuing date

D

D M M

Y

Y

Y

Y

First name(s)

Personal Number

Nationality

Address

Date of birth

(Street / no.)

D

D M M

Y

Y

Y

Y

Place of birth

Town

Post code / Zip

Passport

ID

Other

ID-document

Passport / ID Number

Country

You are the owner

Yes (go to part 4)

No, the owner is a

Legal Entity

Natural person

(fill in the details of the owner)

Legal Entity

Address

(Street / no.)

VAT number

Town

Surname(s)

Post code / Zip

First name(s)

Country

Details of the cash/monetary instruments

Amount

Currency

Banknotes, coins

Other (specify)

Origin and intended use of the cash/monetary instruments

Origin

Intended use

You are the intended

Yes (go to part 6)

No, the intended recipient is a

Legal entity

recipient

Natural person

(fill in the details of the intended recipient)

Legal Entity

Address

(Street / no.)

VAT number

Town

Surname(s)

Post code / Zip

First name(s)

Country

Transport details

Means of transport

Air

Sea

Road

Rail

Other

Transport company

Reference number

Country of departure

Departure date

D

D M M

Y

Y

Y

Y

Via (Transit Country)

Transit date

D

D M M

Y

Y

Y

Y

Country of destination

Arrival date

D

D M M

Y

Y

Y

Y

Signature of declarant

Signature & stamp competent authority

For official use only

I declare that all above details are correct. I am aware that a

false, inaccurate or incomplete declaration is liable to penalties

Recording

yes

no

detention or confiscation of the cash by the competent authority.

Penalty

yes

no

Amount of penalty

Date

D

D M M

Y

Y

Y

Y

GENERAL INFORMATION

The obligation to declare cash on entering or leaving the European Union is part of the European Union strategy to prevent

money laundering and to fight terrorist financing. Any natural person entering or leaving Malta is obliged to declare cash to the

competent authorities of Malta.

You must complete this form if you are entering or leaving the European Union and carrying 10 000 EUR or more in cash (or the

equivalent in other currencies) [Regulation (EC) No 1889/2005, article 3 (1)] and when entering or leaving Malta [L.N. 149 of

2007, article 3].

According to Regulation (EC) No 1889/2005 article 2 (2) you have to declare

a) bearer-negotiable instruments including monetary instruments in bearer form such as traveller's 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).

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

obligation and is liable to penalties or have cash detained or confiscated by the competent authorities under the existing national

legislation of Malta [L.N. 149 of 2007, article 3 (3), (4), (5)] and Regulation (EC) No 1889/2005, article 3 (1) and 9(1).

Information and personal data shall be recorded and processed by the competent authorities [Regulation (EC) No 1889/2005,

article 5 (1)] and shall be made available to the authorities referred to in Article 22 of Directive 2005/60/EC. Data will be dealt

with in accordance with the relevant applicable data protection rules. [Cap. 440, SL 440.05 and SL 440.06].

EXPLANATORY NOTES

All parts in white must be completed in capital letters and dark ink (use, where requested, one letter/number per box) by the

declarant; parts in grey are for the competent authorities.

1. Entering EU/MT and Leaving EU/MT

Tick the box 'Entering EU/MT' when you are entering the European Union/Malta on a journey that started outside the European

Union/Malta.

Tick the box 'Leaving EU/MT' when you are leaving the European Union/Malta on a journey that will end outside the European

Union/Malta.

You need to make a declaration on entering and on leaving, even if you are only in transit. Be aware that you can be required to

make further declarations on other national border crossing points of your travel.

2. Personal details of the declarant

Enter the details as they appear in your ID-Document (the competent authorities can make a copy of your ID and/or travel

documents).

Personal Number: enter your personal tax identification number, personal social security number or similar unique personal

identification number.

3. Personal details of the owner

If you are not the owner of the cash give details of the owner. The owner can be a natural person or a legal entity. Tick the

appropriate box and fill in the details. Ensure to enter the Value Added Tax (VAT) number when known.

If there is more than one owner, enter the details of the other owners on annexed documents. For this purpose extra copies of

the declaration form can be used. All information will constitute one declaration. All annexed pages must be signed.

4. Details currency/bearer negotiable instruments

Complete the exact amount per currency and per type of bearer negotiable instruments. Provide this information in the following

format: example 10 358 EUR or 17 501 US DOLLAR or 19 471,18 BRITISH POUNDS or traveller's cheques for a value of 15

000 EUR.

As a general rule all financial instruments that can be physically transferred anonymously from one person to another are

included in the definition of cash. You can find the definition of cash under 'general information' on top of this page.

5. Origin and intended use of the cash / monetary instruments

Origin: indicate where the cash declared comes from e.g. an inheritance, savings, from a sale of property, etc.

Explain briefly the intended use: e.g. acquisition of property, investment etc.

The intended recipient can be a natural person or a legal entity (e.g. a company). Tick the appropriate box and fill in the details.

Ensure to enter the Value Added Tax (VAT) number when known.

If there is more than one intended recipient, enter the details of the other intended recipients on annexed documents. For this

purpose an extra copy of the declaration form can be used. All information will constitute one declaration. All annexed pages

must be signed.

6. Transport details

Tick "Air"/

on entering/leaving by aircraft. Provide the flight number or the registered number of the aircraft under Box

'Reference number'.

Tick "Sea"/

on entering/leaving by sea. Provide the shipping line details under Box 'Reference number'.

Tick "Road"/

on entering/leaving by any kind of motorized road vehicle (car, bus, truck, motorcycle etc.). Provide the

official registration number and country code of the vehicle under Box 'Reference number'.

Tick “Rail”/

on entering/leaving by train. Provide the train type and the train number under Box 'Reference number'.

Tick "Other" if none of the other transport methods were used (e.g. pedestrian traffic, bicycle).

7. Signature of declarant

Sign the declaration and fill in the date. You can ask for an endorsed copy of your declaration.