Regulations
Regulatory framework
The Camera is subject to the laws and regulations of the Holy See and Vatican City State as well as to its own Statutes.
The Vatican legal framework recognises Canon Law as the primary source of legislation and the primary criterion for its interpretation. Furthermore, there are six organic laws and other ordinary laws specific to the Vatican City State. For matters not covered by Vatican laws, the laws and other regulations issued by the Italian Republic are observed as supplementary, subject to prior approval by the competent Vatican authority. They are adopted on the condition that they do not conflict with the doctrine of Divine Law, the general principles of Canon Law or the provisions of the Lateran Pact and subsequent Agreements, and provided that they are applicable to the state of affairs existing in Vatican City State (See Law no. LXXI on the source of law, promulgated by Pope Benedict XVI on 1 October 2008).
According to article 1.4 of Law no. LXXI on the sources of law, the legal framework must also conform to the general norms of international law, and to those arising from treaties and other agreements to which the Holy See is party.
The Camera is subject to Law no. XVIII of 8 October 2013 that covers norms of transparency, supervision, and financial intelligence as amended by Law no. CCXLVII of 19 June 2018 and subsequently by Law no. CCCXCVI of 7 January 2021.
According to the Law no. XVIII, the Supervisory and Financial Information Authority (ASIF) has the regulatory responsibility of specifying and providing further implementation regarding Prudential Supervision as well as AML.
To this extent, the ASIF has issued the following Regulation:
- Regulation no. 1 on Prudential Supervision of the entities carrying out financial activities on a professional basis (entered into force on 13 January 2015 and subsequently amended by the Board of Directors by the decision of 19 September 2018);
- Regulation no. 2, establishing the data and information accompanying transfers of funds and the technical requirements for credit transfers and direct debits in Euro (12 December 2017);
- Regulation no. 3 on payment services provided by entities carrying out financial activities on a professional basis (5 April 2018);
- Regulation no. 4 on due diligence of the customers of the entities carrying out financial activities on a professional basis (19 September 2018);
- Regulation no. 5 on Suspicious Activity Reports (19 September 2018).
In addition, the ASIF has issued the following Guidelines and Circulars:
- Instruction no. 1 which published the list of high-risk States, with strategic deficiencies in their systems for combating money laundering and the financing of terrorism (23 October 2017 and subsequent updates of the list);
- Instruction no. 3 concerning claim procedures to the Supervisory and Financial Information Authority for the resolution of disputes related to the provision of payment services by entities carrying out financial activities on a professional basis (29 May 2019);
- Instruction no. 4 concerning measures for management of operational and security risks related to payment services and connected reporting duties (29 May 2019);
- Instruction no. 5 which published the list of the functions that are qualified as politically exposed persons within the Holy See and the Vatican City State (29 May 2019);
- Instruction no. 6 concerning monitoring of the lists of designated subjects (19 September 2019);
- Circular concerning the preparation of the annual financial statements and the consolidated financial statements of entities carrying out financial activities on a professional basis (15 December 2016 and amended on 31 October 2017);
- Circular on monetary and financial statistics of entities carrying out financial activities on a professional basis (29 December 2016);
- Circular on interest rates applied by entities carrying out financial activities on a professional basis (29 December 2016);
- Circular on auditing standards for the annual financial statements and the consolidated financial statements of entities carrying out financial activities on a professional basis (4 July 2019);
- Circular concerning the prevention of financial crimes connected to the emergency of Covid-19 (8 May 2020);
- Circular on a transitory treatment of unrealised gains and losses measured at fair value recognised in other comprehensive income considering the Covid-19 pandemic (20 December 2022).
These financial statements were prepared in accordance with the "Circular concerning the preparation of the annual financial statements and the consolidated financial statements of entities carrying out financial activities on a professional basis” issued on 15 December 2016 and amended on 31 October 2017.
CCV is also subject to Law no. CCLVII, which entered into force in 2018, establishing rules on market abuse. It clarifies and completes the reference framework relating to the abuse of privileged information and market manipulation, and for the Camera applies both to operations on its own account and on behalf of clients.