Decree of Urgency of the Minister of Economy and Finance, President of the CICR, of 7 January 2008, No. 13

Secretariat of the Interministerial Committee for Credit and Savings

The Minister of Economy and Finance

DECREES

HAVING REGARD TO Council Regulation (Euratom/EC) No. 1588 of 11 June 1990 concerning the transmission to the Statistical Office of the European Communities of data protected by professional secrecy;

HAVING REGARD TO Council Regulation (EC) No. 322 of 17 February 1997 on Community Statistics, and in particular Chapter V;

HAVING REGARD TO Council Regulation (EC) No. 2533 of 23 November 1998 concerning the collection of statistical information by the European Central Bank, and in particular Articles 2 and 8(2);

HAVING REGARD TO Regulation (EC) No. 2560 of the European Parliament and of the Council of 19 December 2001 on cross-border payments in euro, and in particular Article 8;

HAVING REGARD TO Regulation (EC) No. 184 of the European Parliament and of the Council of 12 January 2005 on Community statistics relating to the balance of payments, international trade in services and direct investment abroad, and in particular Articles 3 and 8;

HAVING REGARD TO Directive 2007/64/EC of 13 November 2007 on payment services in the internal market, which provides for the creation of a single euro payments area;

HAVING REGARD TO Guideline 2004/15, which defines the reporting obligations for information necessary for compiling the balance of payments, external position, and international reserves, aggregated at the euro area level;

HAVING REGARD TO the Legislative Decree of the Provisional Head of State of 17 July 1947, No. 691;

HAVING REGARD TO the Legislative Decree of 1 September 1993, No. 385 (Consolidated Text of Laws on Banking and Credit);

HAVING REGARD TO the Presidential Decree of 31 March 1988, No. 148 (Consolidated Text of Laws on Exchange Control), and in particular Article 21(1);

HAVING REGARD TO the Legislative Decree of 6 September 1989, No. 322 (Rules on the National Statistical System and on the reorganization of the National Institute of Statistics), and in particular Articles 4(4) and 6-bis;

HAVING REGARD TO the Legislative Decree of 26 August 1998, No. 319, and in particular Article 2(1);

HAVING REGARD TO Article 62 of Legislative Decree 21 November 2007, No. 231, implementing Directive 2005/60/EC of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing;

HAVING REGARD TO the Legislative Decree of 30 June 2003, No. 196 (Code concerning the protection of personal data);

HAVING REGARD TO the Decree of 4 May 1990, No. 278343 - adopted on an urgent basis by the Minister of the Treasury, in the capacity of President of the CICR - which allows the Italian Exchange Office to request that operators and other interested parties send information and flow data concerning transactions with foreign countries, currency and exchange operations that transit outside the channel of authorized intermediaries;

HAVING REGARD TO the Decree of 6 October 1995, No. 721963 - adopted on an urgent basis by the Minister of the Treasury, in the capacity of President of the CICR - which allows the Italian Exchange Office to request that operators and other interested parties periodically send information and stock data concerning assets and liabilities abroad;

HAVING REGARD TO the Communication of the Italian Exchange Office R.V. 2007/1 of 16 November 2007 concerning statistical reporting;

DEEMING it necessary, in order to fully implement the aforementioned Community legislation, to introduce a data collection system for balance of payments statistical reporting that, replacing the current system, is based on data collected directly from economic operators (direct reporting);

DEEMING it urgent to act, pursuant to and for the effects of Article 3(2) of Legislative Decree 10 September 1993, No. 385;

DECREES

1. The Bank of Italy may request resident operators, administrations, bodies, and public organizations to send, even periodically, information and data concerning the balance of payments and the external financial position, according to methods and deadlines defined by its own provision.

2. The information and data acquired by the Bank of Italy in the exercise of the functions referred to in paragraph 1 shall be processed in accordance with Community and national provisions on balance of payments statistical reporting and on the processing of personal data.

3. The aforementioned Decrees of 4 May 1990, No. 278343, and of 6 October 1995, No. 721963, concerning currency statistical reporting, are hereby repealed.

Rome, dated 7 JAN. 2008

THE MINISTER