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AI Summary of Article 3 Money laundering offences

Member States shall criminalise, when committed intentionally, the conversion or transfer of property known to be derived from criminal activity for the purpose of concealing or disguising its illicit origin or of assisting a person involved in that activity to evade legal consequences; the concealment or disguise of the true nature, source, location, disposition, movement, rights in, or ownership of such property; and the acquisition, possession or use of property when the recipient knows at the time of receipt that it was so derived. Member States may criminalise these offences where the offender suspected or ought to have known the property was derived from criminal activity, and offences in points (a) and (b) are punishable when committed by persons who committed, or were involved in, the predicate criminal activity.

Prior or simultaneous conviction for the underlying criminal activity is not a prerequisite for conviction; conviction is possible where it is established that property was derived from criminal activity without establishing all factual elements or the identity of the perpetrator. The offences extend to property derived from conduct in another Member State or a third country where that conduct would constitute a domestic criminal activity; Member States may require that the conduct be criminal under the law of the other State or third country except where that conduct is one of the offences listed in Article 2(1)(a)-(e) and (h) as defined in Union law.

Version status: Entered into force | Document consolidation status: Updated to reflect all known changes
Version date: 2 December 2018 - onwards
Version 2 of 2

Article 3 Money laundering offences

1. Member States shall take the necessary measures to ensure that the following conduct, when committed intentionally, is punishable as a criminal offence:

(a) the conversion or transfer of property, knowing that such property is derived from criminal activity, for the purpose of concealing or disguising the illicit origin of the property or of assisting any person who is involved in the commission of such an activity to evade the legal consequences of that person's action;

(b) the concealment or disguise of the true nature, source, location, disposition, movement, rights with respect to, or ownership of, property, knowing that such property is derived from criminal activity;

(c) the acquisition, possession or use of property, knowing at the time of receipt, that such property was derived from criminal activity.

2. Member States may take the necessary measures to ensure that the conduct referred to in paragraph 1 is punishable as a criminal offence where the offender suspected or ought to have known that the property was derived from criminal activity.

3. Member States shall take the necessary measures to ensure that: