Legality
The ABI and the banking sector have always ensured a constant commitment to the authorities in actively combating all forms of illegality and a fruitful cooperation with the world of Justice. Numerous initiatives demonstrate the commitment of the Association, banks and financial intermediaries to fight all forms of illegality and crime.
Combating and preventing usury
Preventing and combating usury has long been a subject of great attention and numerous relevant initiatives for the ABI and the banks.
Fund for the prevention of usury
The Fund for the Prevention of Usury, established by Law No 108 of 1996 and managed by the Treasury Department of the Ministry of Economy and Finance, issues public guarantees to facilitate access to credit for businesses and households in economic difficulty and at risk of usury.
Small and medium-sized enterprises with a high financial risk can turn to the Confidi (i.e. consortia of companies) while private citizens and households in difficulty can contact the associations and fwavements to combat usury.
For more information, please consult the dedicated page of the Treasury Department.
Framework agreement for preventing and combating usury
In the light of the new social and economic scenarios and with the aim of identifying more suitable tools for families and businesses in difficulty or over-indebted, on 16 November 2021, the ABI and the Ministry of the Interior signed the Framework Agreement for the prevention of and fight against the phenomenon of usury, which updated a similar agreement of 2007. The Agreement aims to improve the relationship between banks, abusiness and trade associations, and confidi, associations and fwavections anticlosure and antiracket recipients of the special anti-usury funds under Article 15 of Law No. 108/96 (the so-called 'usury law').
The Agreement provides, inter alia, for procedures to facilitate the use of anti-usury funds, as well as the establishment of a 'National Observatory', at the Office of the Government's Extraordinary Commissioner for the coordination of anti-racket and anti-usury initiatives, which envisages the participation of an ABI representative.
More information can be found on the dedicated page of the Ministry of the Interior.
Framework agreement for preventing and combating usury
Memorandum of Understanding signed on 16 November 2021
9 December 2021Local protocols for the prevention of usury
In declination of the new National Framework Agreement of 16 November 2021, local Protocols were signed at several Prefectures in the territories.
During 2024, Protocols were signed with the Prefectures of Bergamo, Brescia, Campobasso, Catania, Monza Brianza, Naples, Palermo, Pavia, Salerno and Trapani.
Guidelines on conventions between banks and foundations and associations managing usury prevention funds pursuant to Law 108/1996
The ABI and the Consulta Nazionale Antiusura "Giovanni Paolo II" Onlus signed a Memorandum of Understanding, which contains the 'Guidelines on conventions between the balso and the fwavements and associations that manage usury prevention funds under the Law 108/1996' (so-called 'anti-usury fund').
The 'Guidelines' are intended to:
- provide the parties with a useful tool to facilitate the negotiation of agreements and promote their proper implementation;
- Facilitating the overcoming of operational obstacles (in particular, at the preliminary investigation stage), which can delay the disbursement of funding, including by providing dedicated pathways for the investigation of files;
- identify within the individual partner banks, specific reference figures able to intervene to resolve any difficulties in the evaluation of financing practices.
In addition to these, there is a "List of documents and information useful for the investigation of practices for access to usury prevention funds" useful ford facilitate fwaves/aanti-usury associations in having a reference on information necessary for banks to start processing loan applications.
The management of properties seized and confiscated from organised crime
Among the initiatives taken to contribute to the fight against organised crime, the following are of particular importance Memoranda of Understanding for the management of assets and companies seized and confiscated from organised crime signed by the ABI with several Courts since 2012.
The signing of the protocols is part of a broader activity through which the ABI and the banking sector intend to contribute to the definition of a legal framework of reference on anti-mafia matters, with the aim of making the management of assets seized and confiscated from organised crime more effective, ensuring greater protection of creditors in good faith and facilitating access to credit by the companies involved.
In this regard, ABI has also intensified the cooperation with Prefectures highlighting the constraints that banks are required to respect when granting credit and making proposals for action on certain aspects of the procedure that could facilitate access to credit for companies subject to prevention measures.
ARPA Archive
In order to meet the need for rationalisation of criminal banking assessments, the ABI has set up a computerised reference system for criminal banking assessments - ARPA - reserved for investigating authorities, law enforcement agencies, banks and other associated intermediaries.
This initiative is part of the activities promoted by the working table set up between the ABI and the Ministry of Justice, the Higher Council of the Magistracy, the National Association of Magistrates, the National Anti-Mafia Directorate, the Anti-Mafia Investigative Directorate, the Carabinieri General Command and the Guardia di Finanza General Command.
The system contains the indication of the contact details of the offices or functions in the banks responsible for investigations and can be consulted by the investigating authorities and law enforcement agencies through passwords provided by the ABI, in implementation of the organisational protocols for "Rationalisation, secrecy and confidentiality in banking investigations in criminal matters and for the application of measures of patrimonial prevention" signed by ABI with the DNA and 16 Public Prosecutors' Offices (Bari, Brescia, Cagliari, Catanzaro, Genoa, Lecce, Messina, Naples, Palermo, Perugia, Potenza, Reggio Calabria, Rome, Salerno, Turin and Trieste).
Each member bank has access to the system for entering and editing data on its own section and can identify the 'contact person' of the other member banks.
I authorised persons may access the'application using the credentials alreadyà in their possession. To request new access credentials, contact the'Legal and Administrative Advice Bureau [email protected].