Flow Traceability Law

On September 7, 2010, the “Extraordinary Plan Against the Mafias, as well as Delegation to the Government Regarding Anti-Mafia Legislation” (Law no. 136/2010) came into force. This legislation requires companies participating in any capacity in public tenders, or receiving contracts issued within projects benefiting from public funding (regional, national, or European), to use dedicated bank or postal accounts, even if not exclusively, for public contracts and to use them for all relevant financial transactions.

Furthermore, Article 3, paragraph 1 of Law 136/2010 stipulates that all financial transactions related to the aforementioned public contracts must be carried out by bank or postal transfer, or by other collection or payment instruments suitable for ensuring the traceability of operations.

Therefore, in order to comply with these regulatory provisions, suppliers are requested to communicate the details of the bank or postal account to which payments should be directed, using the attached template and expressly indicating the details of the relevant contract(s).

We would also like to remind suppliers of the additional obligation to provide the contracting authority with a declaration stating the identifying details of the dedicated accounts, the personal details and tax code of the persons authorized to operate on them, as well as any future changes to the transmitted data (see Related Resources, Flow Traceability).