Cash Control Regulations, 2020

L.N. 285 of 2020

EXTERNAL TRANSACTIONS ACT

(CAP. 233)

Cash Control Regulations, 2020

IN EXERCISE of the powers conferred by article 7 of the

External Transactions Act, the Minister for Finance and Financial

Services, has made the following regulations:-

The title of these regulations is the Cash Control

Regulations, 2020.

Form – Cash Declaration

(Regulation 3)

EN

CASH DECLARATION FORM

Reference number

Read the notes on the reverse before completing this form.

USE CAPITAL LETTERS / TICK AS APPROPRIATE

1. You are

Entering EU

Leaving EU

/MT

/MT

Issuing place

2. Personal details

Male

Female

Surname(s)

Issuing date

First name(s)

Personal Number

Nationality

Address

Date of birth

(Street / no.)

Place of birth

Town

ID-document

Passport

ID

Other

Post code / Zip

Passport / ID Number

Country

Yes (go to part 4)

No, the owner is a

Legal Entity

3. You are the owner

(fill in the details of the owner)

Natural person

Legal Entity

Address

(Street / no.)

VAT number

Town

Surname(s)

Post code / Zip

First name(s)

Country

4. Details of the cash/monetary instruments

Amount

Currency

Banknotes, coins

Other (specify)

5. 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

(fill in the details of the intended recipient)

Natural person

Legal Entity

Address

(Street / no.)

VAT number

Town

Surname(s)

Post code / Zip

First name(s)

Country

6. Transport details

Means of transport

Air

Sea

Road

Rail

Other

Transport company

Reference number

Country of departure

Departure date

Via (Transit Country)

Transit date

Country of destination

Arrival date

Signature & stamp competent authority

7. Signature of declarant

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

Form – Unaccompanied Cash Disclosure Declaration

(Regulation 3)

€1.17

In these regulations, unless the context otherwise requires,

any terms used have the same meaning as assigned to them in the Act;

"Act" means the External Transactions Act;

"cash" means

(a)

currency;

(b)

bearer-negotiable instruments;

(c) commodities used as highly-liquid stores of

value; and

(d)

prepaid cards;

"Commissioner" means the Commissioner for Revenue,

and it shall have the same meaning as assigned to it in the

Customs Ordinance.

"competent authorities" means the Financial Intelligence

Analysis Unit, Police, Asset Recovery Bureau, the

Commissioner, Malta Security Services and Malta Financial

Services Authority;

"Financial Intelligence Analysis Unit" shall have the same

meaning as assigned to it under the Prevention of Money

Laundering Act;

"interested authorities" means any other public entity

which is not one of the list of competent authorities;

"unaccompanied cash" means cash making up part of a

consignment without a carrier.

(1) Any person entering, leaving, or transiting through Proceedings

Malta and carrying a sum of a value of ten thousand euro (€10,000) or when

not declared has

more in cash shall be obliged to declare such sum to the a €10,000

Commissioner.

more.

(2) The obligation to declare every sum as mentioned in sub-

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

the applicable form appearing in the Schedule, and has handed in such

form to the Commissioner when entering, leaving, or transiting

through Malta.

(3) (a) Any unaccompanied cash of a sum of a value of ten

thousand euro (€10,000) or more which is entering, leaving, or

transiting through Malta, shall be declared to the Commissioner by the

sender or recipient, or by a representative on the recipient’s behalf,

within a period of thirty (30) days from the date when the

Commissioner requests a disclosure declaration. This disclosure

declaration shall be completed on the applicable form appearing in the

Schedule, and shall be handed to the Commissioner within the thirty

(30) day period as aforesaid.

(b) The Commissioner shall detain the whole sum of

unaccompanied cash pending the period of thirty (30) days or until the

disclosure declaration is presented to him, and shall not deposit the

said sum in the Depository during this period.

(c) A disclosure declaration made after the lapse of thirty

(30) days as aforesaid shall be deemed as a failure to declare the

unaccompanied cash.

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

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

sum in terms of sub-regulations (1), (2) or (3), shall be guilty of an

offence.

(5) (a) Without prejudice to what is provided in sub-

regulation (6), if the sum mentioned in sub-regulations (1) and (3)

which is falsely declared or not declared is of a value of more than ten

thousand euro (€10,000) and up to precisely thirty thousand euro

(€30,000), the Commissioner may enter into an agreement with the

person therein mentioned, and impose a penalty of fifty per cent (50%)

of the sum carried in excess of ten thousand euro (€10,000) or

equivalent, together with another penalty of twenty-five euro (€25), in

lieu of proceedings in court. The signing of this agreement, which may

take place up to the delivery of a final judgement by the court, shall

also mean that the person is renouncing to any claim he may have

against the Commissioner or the Attorney General resulting from the

case. In the absence of such agreement, the Commissioner shall detain

the amount in excess of ten thousand euro (€10,000), or the whole

amount when the cash is indivisible and deposit it in the Depository as

provided in sub-regulation (7) and the person concerned shall, on

conviction, be liable to a fine (multa) equivalent to fifty-five per cent

(55%) of the sum carried in excess of ten thousand euro (€10,000)

together with another fine (multa) of fifty euro (€50).

(b) Without prejudice to what is provided in sub-

regulation (6), if the sum mentioned in sub-regulations (1) and (3)

which is falsely declared or not declared is of a value of more than

thirty thousand euro (€30,000), the Commissioner shall detain the sum

in excess of ten thousand euro (€10,000), or the whole amount when

the cash is indivisible and deposit it in the Depository as provided in

sub-regulation (7) and the person shall, on conviction, be liable to a

fine (multa) equivalent to fifty five per cent (55%) of the sum carried

in excess of ten thousand euro (€10,000) together with another fine

(multa) of fifty euro (€50).

(c) In the case where the sum carried or unaccompanied

is of precisely ten thousand euro (€10,000)

(i) and an agreement takes place as provided for in

paragraph (a), then the penalty shall be twenty-five euro (€25);

(ii) and there is a conviction, then a fine (multa) of

fifty euro (€50) shall be imposed by the Court.

(d) All amounts of cash collected as a result of the

agreement with the person as provided for in paragraph (a) shall

belong to the Commissioner;

(e) All amounts imposed under these regulations as

penalty in an agreement or as fine (multa) in a judgement shall be

rounded up to the nearest euro (€1).

(6) No criminal proceedings for an offence under these

regulations shall be commenced without the consent of the Attorney

General.

(7) Notwithstanding the provisions of paragraph (a) of sub-

regulation (5), and in relation only to the circumstances mentioned in

that paragraph, in the case where an offence is committed in breach of

these regulations, the person shall only be given one opportunity to

enter into an agreement. If the same person commits an offence in

breach of these regulations for the second or subsequent time, the

relevant criminal proceedings shall be proceeded with.

(8) The Commissioner shall record the entry into, exit from or

transit through Malta of any cash, whether it is being carried by a

person or unaccompanied, and which is below the sum of ten thousand

euro (€10,000), where there are indications that that cash is related to

any criminal activity. The Commissioner shall also record the details

required in the relative cash declaration form.

(9) The Commissioner shall detain any cash, whatever its

value, whether it is being carried or it is unaccompanied, and whether

it has been declared or not, where there are indications that the cash is

related to criminal activity. The Commissioner shall deposit this cash

in the Depository and sub-regulation (10) shall apply.

(10) (a) There shall be a fund known as the Depository which

shall be administered by the Commissioner. The Depository shall only

receive cash detained in accordance with these regulations. The

Commissioner shall give a receipt for every deposit made in the

Depository.

(b) Any cash deposited in the Depository shall be

detained there for a period which shall not exceed thirty (30) days

from the day the cash was detained. After the competent authorities

carry out a thorough assessment of the necessity and proportionality of

a further period of detention, this period may be extended by the

Commissioner to a maximum of ninety (90) days from the day the cash

was detained. Where no determination is made regarding further

detention of the cash within that period, if a determination is made that

the circumstances of the case do not warrant further detention or where

the competent authorities fail to reply within the prescribed period, the

cash shall be immediately released to the person from whom it was

detained.

(c) (i) During the period of detention of cash, the

Commissioner shall inform the competent authorities about the cash

deposited and give them information about the person carrying it, and

they shall determine whether any criminal offence has been

committed, is being committed or is about to be committed by means

of that cash under any law excluding these regulations and if so,

criminal proceedings shall commence within the period of detention of

the cash.

(ii)As soon as a decision is taken that the cash will be

detained because criminal activity has been detected, the person shall

be notified and the reason for the detention of the cash shall be given.

(iii)For the duration of the criminal proceedings for

the non-declaration of cash under these regulations, as well as for the

duration of the criminal proceedings under any other law, the cash

shall continue to be detained in the Depository for the duration of the

proceedings until final judgement, unless it is exhibited in court or

unless it is otherwise dealt with in accordance with an order of the

competent court.

(iv) At the termination of criminal proceedings for

non-declaration of cash, whatever the outcome, any cash exhibited in

court shall be released to the Depository.

(d) (i) Notwithstanding the provisions of paragraph (b) of sub-

regulation (10), before the cash is released from the Depository, it shall

be ascertained that any fine or penalty due by the person under the

provisions of these regulations has been paid, and in default, the

amount of fine or penalty due shall be deducted from the cash

deposited, before it is released.

(ii) Notwithstanding the provisions of paragraph (b) of

sub-regulation (10), if there is no request or no collection of the money

within one year from when the cash was released, then the money

deposited in the Depository shall belong to the Commissioner

Provided that the period of one (1) year may be

extended by the Commissioner by a further period of six (6) months

when this is reasonably required

Provided also that a representative may collect the

cash on behalf of the person to whom the cash has been released.

(1) The Commissioner shall compile and maintain a

database containing

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

regulation (1) and (3) of regulation 3; and

(b)

details of breaches of these regulations.

(2) The Commissioner shall pass on to the Financial

Intelligence Analysis Unit the details mentioned in sub-regulation (1)

on a regular basis.

The Commissioner shall be empowered to exchange and

transmit information in accordance with 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, and from

the 3 rd June 2021 in accordance with Regulation (EU) 2018/1672 of

the European Parliament and of the Council of 23 October 2018.

(a) In giving effect to the provisions of these Powers of the

Regulations, the Commissioner may share information with competent Commissioner

to share

authorities according to law, and may deal with the cash detained in information.

accordance with relevant legislation besides these regulations, and in

accordance with any order of the competent court.

(b) In order to better give effect to the provisions of these

regulations, the Commissioner is also empowered to share information

with interested authorities.

The Cash Control Regulations are hereby repealed without Repeal.

S.L. 233. 07.

prejudice to anything done or omitted to be done thereunder.