23
Mar
2026
Legal news
Criminal law
International and European law
2026
Legal news
Criminal law — International and European law
Combating the Financing of Terrorism • Sovereign Order No. 11.804 of 2 March 2026 amending Sovereign Order No. 15.320 of 8 April 2002
Sovereign Order No. 11.804 of 2 March 2026 (JDM No. 8791 of 20 March 2026) amends Sovereign Order No. 15. 320 of 8 April 2002 on the suppression of terrorist financing, taking into account that offences relating to terrorist financing are now incorporated into Articles 391-7-1 to 391-7-3 of the Criminal Code. See MONEYVAL Law No. 1.553 of 7 December 2023 (Part III) and MONEYVAL Law No. 1.559 of 29 February 2024 (Part IV).
Following the entry into force in Monaco in 2002 of the International Convention of 9 December 1999 for the Suppression of the Financing of Terrorism (United Nations), Sovereign Order No. 15.320 of 8 April 2002 constituted the Monegasque reference text defining and punishing the financing of terrorism, in accordance with the said Convention.
With Sovereign Order No. 11.804, Sovereign Order No. 15.320 remains the implementing text of the 1999 International Convention, but ceases to be the autonomous criminal law text on the financing of terrorism:
- Repeal of Articles 1 to 10 and Article 12 of Sovereign Order No. 15.320, which defined the terms "funds", "government or public facility", “proceeds”, "act of terrorism", "terrorist organisation", as well as the scope of "terrorist financing", the rules relating to attempts, complicity, territorial jurisdiction, the liability of legal persons, the penalties incurred and the mechanisms for confiscation. These provisions are now included in the Criminal Code.
- New Article 10-1 of Sovereign Order No. 15.320 specifies that where legislative or regulatory provisions refer to Articles 2 to 12 of Sovereign Order No. 15.320 or to the offences covered by it, this shall henceforth be understood to mean the offences referred to in Articles 391-7-1 to 391-7-3 of the Criminal Code.
- Amendment to Article 11 of Sovereign Order No. 15.320 defining offences that are not considered to be political offences, related to a political offence, or inspired by political motives, nor as tax offences for the purposes of extradition or mutual legal assistance as provided for by the International Convention for the Suppression of the Financing of Terrorism of 9 December 1999, by reference to:
1) offences referred to in Articles 391-7-1 to 391-7-3 of the Criminal Code (financing travel abroad for the purposes of terrorism, financing the proliferation of weapons of mass destruction, financing of terrorism), and
2) offences referred to in the sixth indent of point 3 of the second paragraph of Article 391-1 of the Criminal Code (criminal associations) and in the fourth paragraph of Article 391-6 of the Criminal Code (participation in a criminal organisation or conspiracy), where such acts are intended to prepare or commit the offences referred to in point 1).
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