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Regulation (EU) 2018/1672 of the European Parliament and of the CouncilShow full title
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
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Changes over time for: Article 7
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Article 7U.K.Temporary detention of cash by competent authorities
1.The competent authorities may temporarily detain cash by means of an administrative decision in accordance with the conditions laid down in national law where:
(a)the obligation to declare accompanied cash under Article 3 or the obligation to disclose unaccompanied cash under Article 4 has not been fulfilled; or
(b)there are indications that the cash, irrespective of the amount, is related to criminal activity.
2.The administrative decision referred to in paragraph 1 shall be subject to an effective remedy in accordance with procedures provided for in national law. The competent authorities shall notify a statement of reasons for the administrative decision to:
(a)the person required to make the declaration in accordance with Article 3 or the disclosure declaration in accordance with Article 4; or
(b)the person required to provide the information in accordance with Article 6(1) or (2).
3.The period of temporary detention shall be strictly limited under national law to the time required for competent authorities to determine whether the circumstances of the case warrant further detention. The period of temporary detention shall not exceed 30 days. After the competent authorities carry out a thorough assessment of the necessity and proportionality of a further temporary detention, they may decide to extend the period of temporary detention to a maximum of 90 days.
Where no determination is made regarding further detention of the cash within that period or if a determination is made that the circumstances of the case do not warrant further detention, the cash shall be immediately released to:
(a)the person from whom the cash was temporarily detained in the situations referred to in Article 3 or 4; or
(b)the person from whom the cash was temporarily detained in the situations referred to in Article 6(1) or (2).
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