Spain

Findings

1. AML prevention is stronger in the financial sector and amid notaries, whereas risk awareness seems to be lower among other Designated Non Financial Businesses or Professions
2. Spain adopted measures in 2018 to define a beneficial owner as a natural person that owns the 25% of the share capital or, alternatively, exercise the control over the 25% of the voting rights.
3. Spain created an Agency for the Recovery of Stolen Assets in 2015. While it lacks resources, it appears to be proactively collaborating with international parnters and law enforcement bodies.
   

Recommendations

1. Spanish Government should mandate companies to update Company Registry every six months when a significant cahnge to beneficial ownership takes place.
2. Spain should increase resourcing of the Agency for the Recovery of Stolen Assets.
   

Findings

1. The amendment of the Penal Code in 2015 widened the catalogue of offences associated with corruption in public and private sector and established criminal liability of legal persons and entities
2. The highest organ of the judiciary, the General Council of the Judiciary, is also at risk of political interference since 12 of its 20 members are elected by the Spanish Parliament.
3. Congressmen, Senators and the Judiciary do not yet have an specific Code of Conduct, despite the persistent criticism from GRECO.
   

Recommendations

1. Spain should be much more active in pursuing all forms of foreign bribery. A better culture on whistleblowing channels may contribute to achieve the goal.
2. Improve the independence, integrity, resources and accountability of the Public Prosecutor and the General Council of the Judiciary, with more objective criteria in the appointment of court presidents.
3. Establish a Code of Conduct for judges and prosecutors

Findings

1. There is no independent supervisory authority that effectively controls aspects of integrity, since the current Office for Conflict of Interest, has not satisfactorily overseen cases of the revolving door, or verified declarations of assets and interests.
2. Members of Congress, Senators and Judges have not yet adopted Codes of Integrity and Public Ethics that regulate their activity with regard to aspects such as conflicts of interest, acceptance of gifts, preferential treatment, relations with lobbyists.

Recommendations

1. Adopt as a matter of urgency the draft Comprehensive Anti-corruption and Whistleblower Protection Law and strengthen the resources of the future independent Public Integrity Authority.
2. Ensure that the intended Independent Public Integrity Authority has the necessary resources to monitor and supervise the entire tenure of high-rank officials (profile suitability, updated information on assets declaration and potencial conflict of interests, revolving doors and imposing of sanctions when applicable)

Findings

1. The main shortcoming of the Law on Transparency and Access to Public Information is that the right of access is not granted the status of a fundamental right. Therefore, its compliance and degree of implementation at national level is still very irregular.
2. The control body, the Transparency Council, does not have sufficient resources, its resolutions are in many cases appealed against by the Government and a clarifying implementing regulation has not yet been approved.

Recommendations

1. Increase the resources of the Transparency Council to promote its evaluations and ex-ante audits of compliance with the right of access.