FATF ¦ R.30 Res­pon­si­bil­i­ties of Law En­force­ment and In­vesti­ga­tive Au­thorities

FATF ¦ R.30 Res­pon­si­bil­i­ties of Law En­force­ment and In­vesti­ga­tive Au­thorities

Recommendation 30: Closing the Gap Between Predicate Crimes and Asset Recovery

Recommendation 30 requires countries to designate competent law enforcement authorities to lead investigations into money laundering and terrorist financing within their national anti–money laundering and counter‑terrorist financing (AML/CFT) frameworks. These authorities must be empowered to carry out financial investigations that run alongside or in parallel with criminal investigations into predicate offences, and to take rapid action to identify, trace, freeze and seize criminal assets or assets of corresponding value. The standard also expects use of multi‑disciplinary teams and international cooperation where necessary.

What a financial investigation must achieve

A financial investigation is not merely an accounting exercise; it is an investigative tool designed to map criminal networks, reveal the scale of criminality, and locate proceeds and instruments of crime. Its objectives are threefold:

  1. to identify the scope and connections of criminal activity;
  2. to trace and preserve criminal property and assets of equivalent value; and
  3. to obtain financial evidence that can support prosecution and confiscation.

Effective financial investigations therefore require specialised skills in following complex money flows, analysing financial intelligence, and turning financial records into admissible evidence.

Parallel financial investigations and institutional responsibilities

Recommendation 30 emphasises the importance of conducting parallel financial investigations — that is, carrying out financial enquiries at the same time as traditional investigations into predicate offences, money laundering or terrorist financing. Law enforcement investigators working on predicate offences should either be authorised to investigate related laundering or financing offences themselves, or have clear and fast referral mechanisms to specialist financial investigators. This reduces gaps between detecting predicate criminality and pursuing the associated financial dimensions, thereby increasing the chances of disrupting criminal operations and securing assets.

Flexibility to support operational tactics

To enable sophisticated operational techniques such as controlled deliveries and undercover operations, authorities may need legal powers to postpone or waive arrests and immediate seizures temporarily, so that further participants can be identified and evidence can be gathered. Recommendation 30 therefore encourages countries to consider legislative and procedural measures that permit such operational flexibility while maintaining appropriate safeguards for rights and oversight.

Bastian Schwind-Wagner
Bastian Schwind-Wagner

"Recommendation 30 reinforces that financial investigations are central to effective AML/CFT responses, requiring designated authorities with clear mandates and powers. Prioritising parallel financial investigations, asset tracing, and operational flexibility enhances the likelihood of disrupting criminal networks and recovering illicit proceeds.

Successful implementation depends on resourcing, specialist skills, multi‑disciplinary collaboration and robust international cooperation. Legal and procedural frameworks should balance operational needs with safeguards for rights and oversight to ensure investigations are effective and legitimate."

Designating competent authorities beyond traditional police

Recommendation 30 recognises that specialist bodies other than conventional police forces — such as financial investigation units, anti‑corruption enforcement agencies, or prosecutors with dedicated asset recovery teams — can carry out financial investigations. Where these bodies exercise responsibilities covered by Recommendation 30, they should be formally designated and given the powers to identify, trace, freeze and seize criminal property or property of corresponding value. Anti‑corruption agencies that investigate corruption‑related predicate offences should similarly have enforcement powers to pursue associated laundering and financing offences.

Multi‑disciplinary teams and resource standards

Complex financial investigations benefit from multi‑disciplinary approaches that bring together law enforcement, prosecutors, financial intelligence units, tax authorities, and other specialists. Countries are encouraged to use permanent or temporary multi‑disciplinary teams to tackle sophisticated money flows and asset recovery. Importantly, authorities charged with these tasks must be adequately resourced — financially, humanly and technically — and staffed by personnel who meet high standards of integrity, professionalism and confidentiality. Training and career development are critical to maintain the expertise required for modern financial investigations.

International cooperation and cross‑border investigations

Money laundering and terrorist financing often cross borders. Recommendation 30 requires that countries enable cooperative investigations with competent authorities abroad. This includes sharing intelligence, coordinating parallel investigations, and using mutual legal assistance and other tools to trace and freeze assets located in foreign jurisdictions. Proactive international collaboration increases the likelihood of successful prosecutions and asset recovery when predicate offences or proceeds originate outside national borders.

For operational leaders and policymakers, Recommendation 30 implies several practical steps. Authorities must clearly define mandates and workflows for financial investigations, set up mechanisms for parallel or referred investigations, and create protocols for asset tracing and preservation. Legal frameworks should be reviewed to permit necessary investigative techniques while safeguarding due process. Investment in training, analytical tools, secure information sharing platforms and case management systems is essential to convert financial intelligence into caseable evidence. Finally, establishing trusted channels for international cooperation should be treated as a strategic priority.

Conclusion

Recommendation 30 places the financial dimensions of crime at the core of effective AML/CFT practice. By designating competent authorities, encouraging proactive parallel financial investigations, enabling operational flexibility, and promoting multi‑disciplinary and international cooperation, the standard aims to ensure that criminal finances are identified, preserved and prosecuted with the same priority as predicate offences. Meeting these requirements strengthens the ability of states to disrupt criminal enterprises, recover illicit assets and reduce the profitability of serious crime and terrorist financing.


FATF Ratings Overview
Luxembourg ¦ FATF Effectiveness & Technical Compliance Ratings

Anti-money laundering and counter-terrorist financing measures

Luxembourg Mutual Evaluation Report, September 2023

This assessment was adopted by the FATF at its June 2023 Plenary meeting and summarises the anti-money laundering and counter-terrorist financing (AML/CFT) measures in place in Luxembourg as at the date of the on-site visit: 2-18 November 2022.

Table 1. Effectiveness Ratings

Note: Effectiveness ratings can be either a High- HE, Substantial- SE, Moderate- ME, or Low – LE, level of effectiveness.

IO1 Risk, policy and coordination

Money laundering and terrorist financing risks are identified, assessed and understood, policies are co-operatively developed and, where appropriate, actions co-ordinated domestically to combat money laundering and the financing of terrorism.

Substantial

IO2 International cooperation

International co-operation delivers appropriate information, financial intelligence and evidence, and facilitates action against criminals and their property.

Substantial

IO3 Supervision

Supervisors appropriately supervise, monitor and regulate financial institutions and VASPs for compliance with AML/CFT requirements, and financial institutions and VASPs adequately apply AML/CFT preventive measures, and report suspicious transactions. The actions taken by supervisors, financial institutions and VASPs are commensurate with the risks.

Moderate

IO4 Preventive measures

Supervisors appropriately supervise, monitor and regulate DNFBPs for compliance with AML/CFT requirements, and DNFBPs adequately apply AML/CFT preventive measures commensurate with the risks, and report suspicious transactions.

Moderate

IO5 Legal persons and arrangements

Legal persons and arrangements are prevented from misuse for money laundering or terrorist financing, and information on their beneficial ownership is available to competent authorities without impediments.

Substantial

IO6 Financial intelligence

Financial intelligence and all other relevant information are appropriately used by competent authorities for money laundering and terrorist financing investigations.

Substantial

IO7 ML investigation & prosecution

Money laundering offences and activities are investigated, and offenders are prosecuted and subject to effective, proportionate and dissuasive sanctions.

Moderate

IO8 Confiscation

Asset recovery processes lead to confiscation and permanent deprivation of criminal property and property of corresponding value.

Moderate

IO9 TF investigation & prosecution

Terrorist financing offences and activities are investigated and persons who finance terrorism are prosecuted and subject to effective, proportionate and dissuasive sanctions.

Substantial

IO10 TF preventive measures & financial sanctions

Terrorists, terrorist organisations and terrorist financiers are prevented from raising, moving and using funds.

Moderate

IO11 PF financial sanctions

Persons and entities involved in the proliferation of weapons of mass destruction are prevented from raising, moving and using funds, consistent with the relevant UNSCRs.

Moderate

Table 2. Technical Compliance Ratings

Note: Technical compliance ratings can be either a C – compliant, LC – largely compliant, PC – partially compliant or NC – non compliant.

R.8 Non-profit organisations

PC – partially compliant

R.10 Customer due diligence

C – compliant

R.11 Record-keeping

C – compliant

R.13 Correspondent banking

C – compliant

R.15 New technologies

LC – largely compliant

R.16 Payment transparency

C – compliant

R.19 Higher-risk countries

C – compliant

R.23 DNFBPs: Other measures

C – compliant

R.27 Powers of supervisors

C – compliant

R.32 Cash Couriers

LC – largely compliant

R.33 Statistics

LC – largely compliant

R.34 Guidance and feedback

C – compliant

R.35 Sanctions

LC – largely compliant

R.36 International instruments

LC – largely compliant

R.37 Mutual legal assistance

C – compliant

R.38 Mutual legal assistance: freezing and confiscation

C – compliant

R.39 Extradition

C – compliant

R.40 Other forms of international co-operation

LC – largely compliant


The information in this article is of a general nature and is provided for informational purposes only. If you need legal advice for your individual situation, you should seek the advice of a qualified lawyer.
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Dive deeper
  • FATF ¦ The FATF Recommendations ¦ Link
  • FATF ¦ Luxembourg’s measures to combat money laundering and terrorist financing ¦ Link
Bastian Schwind-Wagner
Bastian Schwind-Wagner Bastian is a recognized expert in anti-money laundering (AML), countering the financing of terrorism (CFT), compliance, data protection, risk management, and whistleblowing. He has worked for fund management companies for more than 24 years, where he has held senior positions in these areas.