Seizure of means of payment
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Failure to declare movements of means of payment, where this is required, or the lack of veracity in the declared data, provided that this can be estimated as particularly relevant, shall lead to the seizure by the acting customs officials or police officers of all means of payment detected, except for the minimum for survival to which Order EHA/1439/2006 of 3 May regulating the declaration of movements of payment means in the sphere of the prevention of money laundering refers.
For this purpose, the lack of full or partial veracity of the data relating to the bearer, owner, recipient, origin and intended use of the means of payment as well as the excess or reduction in the amount declared in respect of the real amount by more than 10% or EUR 3,000 will be, in any event, considered particularly relevant.
Likewise, seizure shall also take place when, despite having declared the movement or not exceeding the declaration threshold, there be suspicion or certainty that the means of payment are related to money laundering or terrorist financing, or where there be reasonable doubt as to the veracity of the information provided in the declaration.
The record of the seizure, which shall be sent immediately to Sepblac and to the Commission for the Prevention of Money Laundering and Monetary Offences (CPMLMO) Secretariat for initiating, if appropriate, a sanction procedure, should clearly indicate whether the seized means of payment were found in a location or situation revealing a clear intention to conceal them.
The record of the seizure shall have evidentiary nature, notwithstanding the evidence that could be brought forward by the interested parties in defence of their rights or interests.