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United States/Mexico Bi-National Drug Strategy
Strategy Component
Alliance Point 12: Implement more effectively the laws and regulations
to detect and penalize money laundering in both countries, and enhance
bilateral and multilateral exchanges of information and expertise to combat
money laundering.
The United States and Mexico acknowledge that money laundering is a
transnational crime, and thus regard bilateral and multilateral cooperation
as an essential tool in combating this illicit activity. Accordingly, they
have decided to strengthen information exchange mechanisms and to support
multilateral initiatives to combat the problem.
Both countries will also assign priority to conducting coordinated investigations
in accordance with the bilateral agreement on that subject, the Financial
Information Exchange Agreement (FIEA), and to continuing technical assistance
and training programs. The two countries also have committed to increasing
their individual efforts to prevent, detect, and prosecute money laundering.
Objectives
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Enhance law enforcement efforts in Mexico and the United States, including
prosecutions, against money laundering to disrupt and dismantle major drug
trafficking operations.
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Update and strengthen the legal framework to prevent, detect and combat
money laundering.
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Enhance United States and Mexican efforts to protect the security and integrity
of their respective financial entities.
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Implement mechanisms to streamline ongoing official proceedings in money
laundering cases.
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Increase training efforts in Mexico and the United States for regulators,
investigators, judges, legislators, prosecutors, and financial entity personnel
in money laundering prevention, detection, investigation, and prosecution.
Actions
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Both countries’ authorities responsible for preventing, detecting, and
combating money laundering will make an effort to achieve efficient and
effective coordination.
1.1 Mexico and the United States will enhance investigations
and prosecutions of major money launderers and their organizations, to
include increasing the number of coordinated investigations.
1.2 Spontaneously, based on the international agreements in force
between the two countries, relevant or significant information will be
exchanged in order to detect, prevent and combat money laundering.
1.3 The two countries are committed to reducing the time in information
exchange.
1.4 Mexico and the United States will continue to compare data
on currency being transported across the United States-Mexican border and
will make all efforts to ensure that the data collected by each party is
compatible with any other data collected.
1.4.1 By common accord, the two countries will establish methods
and timetables for sending, receipt and analysis of information regarding
cross-border money transfers.
1.4.2 Where appropriate, the United States and Mexico will endeavor
to increase the sharing of information, based on agreements and treaties
in effect, on United States or Mexican citizens or businesses believed
to be carrying out money laundering transactions in both countries.
1.5 The governments of both countries will work to enhance their
sharing of currency transaction report and suspicious activity report information
that is directly related to money laundering, pursuant to the FIEA or any
other mechanism or agreement.
1.6 The United States and Mexico will increase efforts to expedite
the exchange of documentation and legal assistance, based on the framework
of the Agreement on Mutual Judicial Assistance.
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The Governments of Mexico and the United States will review periodically
the laws and regulations to prevent, detect, combat and penalize money
laundering in order to adopt the necessary amendments or reforms.
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Both countries will develop programs and strategies in order to ensure
that banks and other financial entities and their officers and employees
comply with requirements established to keep records and file transaction
reports.
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The United States and Mexico will support the adoption of concrete measures
against money laundering on a global level, on the basis of the FATF 40
Recommendations and the Summit of the Americas Communiqué adopted
in Buenos Aires, and during the meetings of the Preparatory Committee of
the Special Session of the United Nations in June 1998.
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The two countries will coordinate efforts to design and develop specific
training plans and programs aimed at analysts, regulators, investigators,
prosecutors, judges, legislators and personnel in financial entities.
5.1 Mechanisms will be implemented so that the competent authorities
exchange knowledge in an ongoing fashion, in order to make them known to
analysts, investigators, financial agency personnel, and the prosecutors
in the two countries.
5.2 The United States will make its law enforcement agents stationed
in Mexico available to train PGR and the Secretariat of Finance and Public
Credit (Hacienda) personnel in techniques used to investigate money laundering.
5.3 Visits between the two countries will be scheduled to gain
knowledge of the techniques and analysis procedures in investigation, as
well as in the administrative, civil and penal proceedings applicable in
each of the two countries.
5.4 The United States will make training opportunities available
for Mexican prosecutors from the PGR, and analysts from Hacienda.
5.4.1 The United States and Mexico will work to establish programs
that permit selected prosecutors, investigators, and analysts from PGR
and Hacienda to visit the United States to observe prosecutions of money
laundering cases and to visit United States law enforcement task forces.
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The Governments of Mexico and the United States will plan an Annual Seminar
on the efforts of both countries against money laundering. The initial
seminar will include investigators, regulators and specialized prosecutors.
Later sessions will include judges and legislators.
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