Motu Proprio on Illegal Activities in the Financial Sector
The Apostolic See has always raised its voice to exhort all men and women of good will, and especially the leaders of nations, to commit themselves to building - also through just and lasting peace in all parts of the world - the universal city of God, towards which the history of peoples and nations progresses [Benedict XVI, Enc. Let. 'Caritas in veritate' (29 June 2009), 7: AAS 101/2009, 645]. Unfortunately, peace in our time and in an increasingly globalised society is threatened by various causes, among them the inappropriate use of the market and the economy, as well as the terrible destruction of terrorist violence, which causes death, suffering, hatred and social instability.
Quite rightly, the international community is increasingly equipping itself with juridical principles and instruments that enable it to prevent and contrast [ed. note: The Italian "contrastare" should have been translated as "combat" in this context] the phenomena of money laundering and the financing of terrorism.
The Holy See approves this commitment and intends to adopt these rules in its own use of the material resources it needs to carry out its mission, and to carry out the tasks of Vatican City State.
In this context, also in implementation of the Monetary Convention of 17 December 2009 between Vatican City State and the European Union, I have approved for Vatican City State the publication of the Law of 30 December 2010 concerning the prevention and countering of the laundering of proceeds from criminal activities and of the financing of terrorism, which is being promulgated today.
With this Apostolic Letter in the form of "Motu Proprio":
(a) I decree that the abovementioned Law of Vatican City State, and its future modifications, is also valid for the dicasteries of the Roman Curia and for all Institutions and Entities dependent on the Holy See, when they undertake the activities defined in article 2 of the said Law.
(b) I establish the "Autorita di Informazione Finanziaria" (AIF), as indicated in article 33 of the Law concerning the prevention and countering of the laundering of proceeds from criminal activities and of the financing of terrorism, as an Institution connected with the Holy See in accordance with articles 186 and 190-191 of the Apostolic Constitution "Pastor Bonus", conferring thereon public juridical canonical status and Vatican civil status, and approving its Statute which is attached to this Motu Proprio.
(c) I decree that the "Autorita di Informazione Finanziaria" (AIF) is to exercise its functions in relation to the dicasteries of the Roman Curia and in relation to all the Institutions and Entities mentioned in paragraph (a) above.
(d) I delegate the competent judicial bodies of Vatican City State to exercise their penal jurisdiction - only as concerns the crimes conjectured in the abovementioned Law - in relation to the dicasteries of the Roman Curia and in relation to all the Institutions and Entities mentioned in paragraph (a) above.
I order that what has thus been established is to have full and stable validity as of today's date, notwithstanding any dispositions to the contrary, though worthy of special mention.
I decree that this Apostolic Letter in the form of Motu Proprio is to be published in the "Acta Apostolicae Sedis".
Published in Rome, from the Apostolic Palace, 30 December of the year 2010, sixth of the Pontificate.
See also:
Transparency, Honesty and Responsibility (Fr. Federico Lombardi S.J.)
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