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唐朱昌
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复旦大学法学院教授、博士生导师;复旦大学国际刑法研究中心主任。...
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李 刚
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祝亚雄
祝亚雄
祝亚雄,1974年生,浙江衢州人。浙江师范大学经济与管理学院副教授,博...
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上传时间: 2010-12-01      浏览次数:2096次
Fifa's demand to be exempt of UK money-laundering legislation
关键字:money laundering

The Guardian, Wednesday 1 December 2010

http://www.guardian.co.uk/football/2010/dec/01/fifa-government-government-exemptions

 

Fifa has demanded an exemption from a key element of UK money-laundering legislation as part of the government guarantees required in relation to the England 2018 bid.

 

Digger has obtained a list of the guarantees that were signed off by the government as part of the bid book delivered to Fifa in May and can reveal the presence of an incredible carve-out from existing laws. Guarantee 5, of eight areas of demands that Fifa has detailed for governments, relates to Bank & Foreign Exchange Operations. Section 5.B is entitled "Foreign Exchange Undertakings" and states that the government must provide for "the unrestricted import and export of all foreign currencies to and from the UK, as well as the unrestricted exchange and conversion of these currencies into US dollars, euros or Swiss francs".

 

The allowance would apply to hundreds of individuals ranging from the delegates and staff of Fifa, its confederations and member associations, match officials, as well as an unspecified number of unnamed "Fifa Listed Individuals".

 

Yet quite what the carve-out would be needed for is unexplained, and no such requirements were required by the International Olympic Committee for London 2012. What is clear is that they permit Fifa and those it anoints to be exempt from a major element of the Proceeds of Crime Act 2002. That states: "A customs officer or constable may seize any cash if he has reasonable grounds for suspecting that it is, recoverable [stolen] property, or intended by any person for use in unlawful conduct."

 

But if England 2018 wins and the government guarantees to Fifa are incorporated in law, customs officers must just wave it through. Indeed, this is just one of a long list of Fifa demands. The BBC revealed on Monday the existence of exemptions that will provide full UK entry-visa clearance and a tax saving worth hundreds of millions of pounds. No wonder Fifa stated the UK government has "certain reservations and qualifications to four government guarantees as contained in the government legal statement".

 

Ridsdale's win-win game

Peter Ridsdale is set to become a World Cup winner, come what may at Fifa's 2018 vote tomorrow. The former Leeds United, Barnsley and Cardiff City chairman is in negotiations to invest in Plymouth Argyle. The distressed League One club failed to pay their players and staff last week and are the subject of a Revenue & Customs winding-up order, but Ridsdale has not shrunk: he will arrive in Plymouth today to continue talks. If England 2018 is awarded the tournament Ridsdale wins: the impetus will be there for £150m of inward investment around a planned 43,000-seat stadium. If England 2018 fails, Ridsdale wins: he can drive a harder bargain for his proposed investment in the club. One way or the other, Digger would be astonished if a deal is closed before the Fifa vote is concluded.

 

Qatar bid keeps it Real

"We do not support the idea of any alliance or collusion," said an angry head of Russia's 2018 bid, Vitaly Mutko, yesterday. "If some countries, who have not made much effort to promote their bid, suddenly become favourites then that situation is not just." Mutko's reference was, without question, to Spain-Portugal's low-profile joint bid and its alleged pact with Qatar 2022. The allegations of collusion were considered and thrown out by Fifa's ethics committee last month. But Mutko's anger is unlikely to have been reduced by the Qatar 2022 bid's recent marketing activities. At which match this week were advertising hoardings bought up by qatar2022bid.com? Why, el clásico at the Camp Nou between Barcelona and Real Madrid.