This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 03 MADRID 000001 
 
SIPDIS 
 
STATE PASS INL AND EUR/WE 
JUSTICE FOR OIA AND AFMLS 
TREASURY FOR FINCEN 
 
E.O. 12958: N/A 
TAGS: KCRM PTER KSEP SNAR KTFN EFIN SP
SUBJECT: 2004-2005 INCSR PART II: SPAIN 
 
REF: STATE 254401 
Money laundered in Spain is primarily from the proceeds of 
the Colombian cocaine trade, although money laundered 
through other Latin American countries also plays a role. 
Colombian organizations use several methods to move money 
from European drug sales out of Spain. Money is carried out 
by airline personnel traveling between Spain and Latin 
America.  Colombian companies purchase goods in Asia and 
sell the electronics at cartel run stores legally in Europe. 
Credit card balances are paid in Spanish banks for charges 
made in Latin America. Money deposited in Spanish banks is 
withdrawn by ATM cards in Colombia. Wire transfers continue 
to be a common way of getting money out of Spain. 
Drug proceeds from other regions enter Spain as well. 
Hashish proceeds from come from Morocco enter Spain as well 
asand some heroin money enters from Turkish smugglersTurkey. 
There is also some concern about the black market smuggling 
of goods to avoid taxation, especially tobacco and 
electronics from Gibraltar. The majority of laundered money 
that enters Spain to be laundered is smuggled across the 
border in three ways.  Bulkas bulk cash via individuals 
carrying cash in theiris carried in travelers' luggage or 
hidden on their travelers' bodies when arriving at 
international airports. Shipping ; containers loaded with 
currency entering  the largerthrough Spanish ports (such as 
Algeciras). Money is also ; and money smuggled brought in by 
small craft along Spain's long the coastline. 
Money also enters and leaves Spain through the commercial 
banking system andThe informal nonbank outlets (such as 
"Locutorios"), which make small international transfers for 
the immigrant community continue to be used to move money in 
and out of Spain. Regulators also suspect the presence of 
"hawala" like networks in the Islamic community, 
Tax evasion in internal markets and smuggling of goods along 
the coastline continue to be a source of illicit funds in 
Spain.  Spanish authorities believe that tax evasion in the 
cell phone and property industries are the most serious 
problems. The smuggling of electronics and tobacco from 
Gibraltar remains an ongoing issue. 
Although little of the money laundered in Spain is believed 
to be used for terrorist financing, money from the extortion 
of businesses in the Basque region is moved through the 
financial system and used to finance the Basque terrorist 
group ETA. 
The Spanish government is Spain is aware of all of these the 
problems. Unfortunately the scale of the money laundering 
industry and the sophisticated methods use create a very 
large law enforcement problem. The government makes every 
effort to eliminate financial crime in Spain; however the 
money is difficult to track. 
There have been no cases of Spanish officials involved in 
money laundering in Spain. 
The Government of Spain (GOS) remains committed to combating 
narcotics trafficking, terrorism, and financial crimes, and 
continues to work hard to tighten financial controls. The 
criminalization of money laundering was added to the penal 
code in 1988 when laundering the proceeds from narcotics 
trafficking was made a criminal offense. In 1995 the law was 
expanded to cover all serious crimes that required a prison 
sentence greater than three years. All forms of money 
laundering were made financial crimes in amendments to the 
code on November 25, 2003, which will take effect on October 
1, 2004. 
The penal code can also apply to individuals in financial 
firms if their institutions have been used for financial 
crimes. An amendment to the penal code in 1991 made such 
persons culpable for both fraudulent acts and negligence 
connected with money laundering. 
Businesses and financial service suppliers operating in 
Spain or targeting Spanish markets are subject to a newthe 
law, Ley de Servicios de la Sociedad de Informacion y de 
Comercio Electronico (LSSICE), that came into force on 
October 12, 2002, for Internet marketing and distribution. 
The new law requires businesses to register their domain 
names, company registry, physical address, and other company 
details. Financial sector businesses such as online banks 
must still send written contracts to new customers for 
signature and obtain physical proof of their identity, in 
order to comply with existing banking regulations. 
Royal Decree 998/2003 of July 5, 2003 modified the structure 
of the Ministry of Interior to facilitate more active 
combating of drug trafficking. This law creates an Advisory 
Committee on Observation that will attempt to follow the use 
of technologies by criminal organizations and money 
launderers and take measures to ensure that Spanish law 
enforcement authorities are able to meet the new challenges. 
Specific measures to prevent money laundering were written 
to regulate the legal entities in the financial sector and 
individuals moving large sums of cash, in December 1993 (Law 
No. 19/1993), as an expansion to the criminal code whichcode 
that previously applied only to physical persons. The 
regulations for enactment were established by Royal Decree 
925/1995, which set the standards for regulation of the 
financial system. The regulations were amended in 2003 and 
cover money laundering linked to illicit drugs, terrorism, 
and organized crime. The financial sector is required to 
identify customers, keep records of transactions, and report 
suspicious financial transactions. The money laundering law 
applies to most entities active in the financial system, 
including banks, mutual savings associations, credit 
companies, insurance companies, financial advisers, 
brokerage and securities firms, postal services, currency 
exchange outlets, casinos, and individuals and unofficial 
financial institutions exchanging or transmitting money 
(alternative remittance systems). The 2003 amendments add 
lawyers and notaries as covered entities. Previously, 
notaries and lawyers were required to report suspicious 
cases, but now they are considered part of the financial 
system that is under the supervision of appropriate 
regulators. 
Law 19/2003 obligates financial institutions to make monthly 
reports on large transactions. Banks are required to report 
all international transfers greater than 30,000 euros. The 
law also requires the declaration and reporting of internal 
transfers of funds greater than 80,500 euros. 
In addition to suspicious transactions, individuals 
traveling internationally are required to report the 
importation or exportation of currency greater than 6,000 
euros. Previously, the Spanish authorities could only keep 
12 percent if they uncovered illegal activity, but had to 
return the remainder with a Bank of Spain check, which 
effectively laundered the money. Law 19/2003 increases 
allows the seizure of up to 100 percent if illegal activity 
under financial crimes ordinances can be proven. Spanish 
authorities claim they have seen a drop in cash carriers 
since the law's enactment in July 2003. For cases where the 
money can not be connected to criminal activity, but it 
alsoand has not been declared, the authorities may keep 
between 25 and 100 percent, depending on the amount of the 
currency being carried. 
The Commission for the Prevention of Money Laundering and 
Financial Crimes (CPBC) coordinates the fight against money 
laundering in Spain. The Secretary of State for Economy 
heads the commission and all of the agencies involved in the 
prevention of money laundering participate. The 
representatives include the National Drug Plan Office, the 
Ministry of Economy, the Federal Prosecutors (Fiscalia), 
Customs, the Spanish National Police, the Guardia Civil, 
CNMV (equivalent to the SEC), the Treasury, the Bank of 
Spain, and the Director General of Insurance and Pension 
Funds. Any member of the Commission may request an 
investigation, should suspicious activity be brought to his 
or her attention. 
The CPBC delegates responsibility to two additional 
organizations. The first is a secretariat in the Treasury, 
located in the Ministry of Economy. Following investigation 
and a guilty verdict by a court, this regulating body 
carries out penalties. Sanctions can include closure, fines, 
account freezes, or seizures of assets. Changes in Law 
19/2003 now allows seizures of assets of third parties in 
criminal transactions, and a seizure of real estate in an 
amount equivalent to the illegal profit. One weakness that 
remains in financial sanctions is that the joint owner may 
access joint accounts if he or she can show financial need. 
The second organization is the Executive Service of the 
Commission for the Prevention of Money Laundering (SEPBLAC), 
which serves as Spain's financial intelligence unit. SEPBLAC 
receives and analyzes suspicious activity reports (SARs) and 
currency transaction reports. SEPBLAC has the primary 
responsibility for any investigation in money laundering 
cases and directly supervises the anti-money laundering 
procedures of banks and financial institutions. 
Incriminating information is turned over to the Federal 
Prosecutors for prosecution. Spanish banks are required by 
law to maintain fiscal information for five years and 
mercantile records for six years. 
The Fund of Seized Goods of Narcotics Traffickers receives 
seized assets. This agency was established under the 
National Drug Plan. The proceeds from the funds are divided, 
with half going to drug treatment programs and half to a 
foundation that supports the officers fighting narcotics 
trafficking. 
Terrorist financing issues are governed by a separate code 
of law and commission, the Commission of Vigilance of 
Terrorist Finance Activities (CVAFT). This commission was 
created under Law 12/2003 on the Prevention and Blocking of 
the Financing of Terrorism. The commission is headed by the 
Ministry of Interior and includes representatives from the 
Fiscalia and Ministries of Justice and Economy. Currently, 
only the head of CVAFT can request information in terrorist 
financing cases, so other members must rely on the 
commission head to begin an investigation. 
Crimes of terrorism are defined in Article 571 of the Penal 
Code, and penalties are set forth in Articles 572 and 574. 
Sanctions range from ten to thirty years' imprisonment with 
longer terms if the terrorist actions were directed against 
government officials. The Spanish are more active in 
freezing terrorist accounts, than drug money laundering 
accounts. Their ability to freeze accounts in the most 
recent law is more aggressive than that of most of their 
European counterparts. Though many laws are transposed from 
EU directives, Law 12/2003 goes beyond EU requirements. 
However, the implementing regulations for this law have not 
been written, and it has not been used. Once in full effect, 
this law will allow administrative freezing of suspect 
assets without a judge's order. 
All legal charities are placed on a register maintained by 
the Ministry of Justice. Responsibility for policing 
registered charities lies with the Ministry of Public 
Administration. If the charity fails to comply with the 
requirements, sanctions or other criminal charges may be 
levied. 
Spain is a member of the FATF, and co-chairs the FATF 
terrorist finance working group. Spain is a participating 
and cooperating nation to the South American Financial 
Action Task Force (GAFISUD), and a cooperating and 
supporting nation to the Caribbean Financial Action Task 
Force (CFATF). Spain is a major provider of counterterrorism 
assistance. The GOS ratified the UN Convention against 
Transnational Organized Crime on March 2, 2002, and the UN 
International Convention for the Suppression of the 
Financing of Terrorism on April 9, 2002. Spain is also a 
party to the 1988 UN Drug Convention. SEPBLAC is a member of 
the Egmont Group. 
The GOS has signed criminal mutual legal assistance 
agreements with Argentina, Australia, Canada, Chile, the 
Dominican Republic, Mexico, Morocco, Uruguay, and the United 
States. Spain's Mutual Legal Assistance Treaty with the 
United States has been in effect since 1993. Spain also has 
entered into bilateral agreements for cooperation and 
information exchange on money laundering issues with 
Bolivia, Chile, El Salvador, France, Israel, Italy, Malta, 
Mexico, Panama, Portugal, Russia, Turkey, Venezuela, 
Uruguay, and the United States. Spain actively collaborates 
with Europol, supplying and exchanging information on 
terrorist groups. In 2003, U.S. law enforcement authorities 
cooperated with the GOS in an investigation that resulted in 
the seizure of over $10 million in cash, jewelry, planes, 
and real estate. 
U.S. law enforcement agencies reported excellent cooperation 
with their Spanish counterparts in 2004.  U.S. customs works 
closely with Spanish customs, Spanish prosecutors, the 
national police corps and the Civil Guard.  The Drug 
Enforcement Administration works closely with SEPBLAC, the 
national police and the Civil Guard. These organizations 
regularly share information. Official documents however, 
will only be transferred if requested by a court. 
Seizures of assets involving more than one country and the 
division of the assets depend on the relationship with the 
third country. EU working groups will determine how to 
divide the proceeds for member countries. Outside of the EU, 
bilateral commissions are formed with countries that are 
members of FATF, FATF-like bodies and the Egmont Group, to 
deal with the division of seized assets. With other 
countries, negotiations are conducted on an ad hoc basis. 
The U.S.-Spain MLAT provides for sharing of seized assets, 
but the request must be made to the Spanish court hearing 
the case, rather than administratively. 
MANZANARES