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Legal framework

As a tool for detecting suspicious transactions, he persons subject to the obligation to report suspicious transactions use the anomaly indicators adopted by the following competent authorities, acting on a proposal from the FIU, for the different categories of reporting party: the Bank of Italy, with its measure of 24 August 2010, for financial intermediaries; the Ministry of Justice, with its decree dated 16 April 2010, for professionals; and the Ministry of the Interior, with its decree dated 17 February 2011, as amended by the decree dated 27 April 2012, for non-financial enterprises.

The anomaly indicators provide a non-binding and non-exhaustive list of circumstances for reporting suspicious transactions.

To detect suspicious transactions, intermediaries also use the models of anomalous conduct issued by the FIU pursuant to Article 6(7)(b) of Legislative Decree 231/2007. A report may be necessary even if not all of the aspects of conduct identified in the models are found; at the same time the mere occurrence of individual aspects of anomalous conduct is not in itself a sufficient reason to file a suspicious transaction report.

A measure issued by the FIU on 4 May 2011 contains instructions on the data and information to be included in suspicious transaction reports.