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Regulation (EU) 2018/1672 of the European Parliament and of the Council of 23 October 2018 on controls on cash entering or leaving the Union and repealing Regulation (EC) No 1889/2005

article  2

CELEX:  02018R1672-20181112

1. For the purposes of this Regulation, the following definitions apply:
(a) ‘cash’ means:
(i) currency;
(ii) bearer-negotiable instruments;
(iii) commodities used as highly-liquid stores of value;
(iv) prepaid cards;
(b) ‘entering or leaving the Union’ means coming from a territory which is outside the territory covered by Article 355 TFEU to the territory which is covered by that Article, or departing the territory covered by that Article;
(c) ‘currency’ means banknotes and coins that are in circulation as a medium of exchange or that have been in circulation as a medium of exchange and can still be exchanged through financial institutions or central banks for banknotes and coins that are in circulation as a medium of exchange;
(d) ‘bearer-negotiable instruments’ means instruments other than currency which entitle their holders to claim a financial amount upon presentation of the instruments without having to prove their identity or entitlement to that amount. Those instruments are:
(i) traveller’s cheques; and (ii) cheques, promissory notes or money orders that are either in bearer form, signed but with the payee’s name omitted, endorsed without restriction, made out to a fictitious payee, or otherwise in such form that title thereto passes upon delivery;
(e) ‘commodity used as a highly-liquid store of value’ means a good, as listed in point 1 of Annex I, that presents a high ratio between its value and its volume and that can easily be converted into currency through accessible trading markets while incurring only modest transaction costs;
(f) ‘prepaid card’ means a non-nominal card, as listed in point 2 of Annex I, that stores or provides access to monetary value or funds which can be used for payment transactions, for acquiring goods or services or for the redemption of currency where such card is not linked to a bank account;
(g) ‘competent authorities’ means the customs authorities of the Member States and any other authorities empowered by the Member States to apply this Regulation;
(h) ‘carrier’ means any natural person entering or leaving the Union carrying cash on their person, in their luggage or in their means of transport;
(i) ‘unaccompanied cash’ means cash making up part of a consignment without a carrier;
(j) ‘criminal activity’ means any of the activities listed in point (4) of Article 3 of Directive (EU) 2015/849;
(k) ‘Financial Intelligence Unit (FIU)’ means the entity established in a Member State for the purposes of implementing Article 32 of Directive (EU) 2015/849.
Regulation (EU) 2018/1672 of the European Parliament and of the Council of 23 October 2018 on controls on cash entering or leaving the Union and repealing Regulation (EC) No 1889/2005

article  2

CELEX:  02018R1672-20181112

2. The Commission shall be empowered to adopt delegated acts in accordance with Article 15 of this Regulation in order to amend Annex I to this Regulation to take account of new trends in money laundering, as defined in Article 1(3) and (4) of Directive (EU) 2015/849, or terrorist financing, as defined in Article 1(5) of that Directive, or to take account of best practices in preventing money laundering or terrorist financing or to prevent the use by criminals of commodities used as highly-liquid stores of value and of prepaid cards to circumvent the obligations laid down in Articles 3 and 4 of this Regulation.