WILLEMSTAD.- Money laundering is a crime that the government of Curaçao and the Parliament have decided to punish in a stricter manner. This is in accordance with a proposed law change that was presented to Parliament and approved. The bill states in its preamble that the approach to dealing with money laundering stemming from crime and everything that comes with it, i.e., the confiscation of criminally derived assets, forms an effective spearhead in combating crime. The acquisition of money and property is the main motivation for committing most crimes, and as such, a firm hand is necessary.

Moreover, criminal organizations use what is generated from these crimes as initial capital to continue committing punishable acts. Money laundering not only has an attraction for those within the criminal circle but also outside the regular economic sector. And there are many who provide services in the activities to combat money laundering. If these service providers become guilty of money laundering, what they do is considered more punishable due to their function.

According to the bill, Curaçao recognizes that money laundering must be addressed in a stringent manner. This is evidenced by participation in organizations such as the Caribbean Financial Action Task Force, taking into account the recommendations of the Financial Action Task Force, organizations such as the Financial Intelligence Unit, etc. It is important to note that since 1993, money laundering in Curaçao has been a punishable offense.

For a long time, when dealing with money laundering, the law speaks of facilitating or possessing objects that come from a crime committed by the same author. Thus, based on that law, a person is only punishable if they have committed criminal acts aimed at hiding objects or properties derived from the crime. If that is not the case, one cannot speak of money laundering, and the author can go unpunished. Moreover, practically nothing can be confiscated either. And according to the law, this is undesirable. The legislator finds that, under all circumstances, a stop must be put to all situations where there are objects derived from crime. A clear message must also be sent that in all cases where there are objects derived from crime, these will be confiscated.

The bill also proposes stipulating an increase in the maximum punishment for money laundering for individuals who misuse their profession to facilitate the crime. In this case, one can think of professionals such as bankers, lawyers, tax advisors, and other service providers. An article in this law views this as a qualified form of money laundering (laundering through profession). In such cases, it can be decided that they lose their license to practice their profession.