CAMS practice question 27 of 35
Which is a key aspect of the first EU Directive on Money Laundering?
Full set: 863 questionsThe First EU Money Laundering Directive (91/308/EEC), adopted in 1991, was a direct response to the 1988 UN Vienna Convention. Its primary and defining feature was its narrow scope, which was explicitly limited to the proceeds of drug trafficking. Article 1 of the Directive defined money laundering in relation to property derived from the criminal activities specified in the Vienna Convention, which exclusively concerned illicit traffic in narcotic drugs and psychotropic substances. Therefore, the directive's key aspect was establishing drug trafficking as the specific predicate offense for money laundering within its framework for financial institutions.
A. IT expanded the definition of criminal activity to all serious crimes. This is incorrect. The expansion of predicate offenses to include all serious crimes was a key feature of the Second EU Directive (2001/97/EC), not the first.
B. It defined money laundering as a separate crime. This is misleading. While the Directive required member states to prohibit money laundering, the foundational push to criminalize it came from the 1988 UN Vienna Convention. The Directive's key focus was on prevention within the financial sector.
D. It extended the scope beyond drug-related crimes. This is incorrect. The First Directive's scope was strictly confined to drug-related crimes. Subsequent directives were responsible for extending the scope.
1. Council of the European Communities, Council Directive 91/308/EEC of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering. Official Journal of the European Communities, L 166/77.
Article 1 explicitly defines money laundering in the context of property "derived from criminal activity as defined in Article 3 (1) (a) of the Vienna Convention," which pertains to drug trafficking.
The Preamble (third recital) directly links the Directive's purpose to the measures outlined in the Vienna Convention against drug trafficking.
2. European Parliament and Council of the European Union, Directive 2001/97/EC of the European Parliament and of the Council of 4 December 2001 amending Council Directive 91/308/EEC. Official Journal of the European Communities, L 344/76.
Preamble, Recital (4) states: "The 1991 Directive was therefore confined to the laundering of the proceeds of drug-trafficking offences. There has since been a clear trend at international level to extend the fight against money laundering to the proceeds of other serious crimes..." This officially confirms the limited scope of the first directive and that the expansion came later.
3. Mitsilegas, V. (2003). The New EU-Anti-Terrorist-Regime. In: Money Laundering Counter-Measures in the European Union. Palgrave Macmillan, London. https://doi.org/10.1057/97802305025662
Page 21: "The First Money Laundering Directive was limited in scope, as it covered only the proceeds of drug trafficking... The Directive followed closely the provisions of the 1988 Vienna Convention..." This academic source confirms the direct link and the narrow scope of the first directive.
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