Post by xyz3600 on Feb 25, 2024 3:00:09 GMT -5
Money laundering (“ money laundering ” or “ blanchiment d'argent ”) consists of the practice of hiding or disguising the origin, movement, ownership, nature, disposition and location of assets, rights and values arising from a criminal offense, under the terms of article 1, caput, of Federal Law 9,613/1998. Said legislation became a third generation law after the publication of Federal Law 12,683/2012, which, in addition to several changes, allowed the typification and configuration of money laundering based on the practice of any prior criminal offense, including including: criminal misdemeanors, which was not possible in the original wording of the law. It is true that the spectrum of the criminal type of money laundering was significantly expanded, under the terms set out in international criminalization warrants consistent, mainly, in the Vienna, Palermo and Mérida conventions.
Article paragraph “b” of the Vienna Convention, internalized through Decree, was the first international document in which the issue related to money laundering was discussed, notably as a practice derived from illicit trafficking crimes. of narcotics and psychotropic substances (first generation law), through the prevention and repression of money laundering processes. Furthermore, the convention dealt with the obligation to criminalize money laundering derived from drug Middle East Mobile Number List trafficking, in addition to the creation of rules to facilitate judicial cooperation, extradition and the confiscation of assets arising from drug trafficking. Likewise, article 6 of the Palermo Convention, internalized through Decree, dealt with combating transnational organized crime and expanded the need to criminalize money laundering, considering that criminal organizations can commit different types of crimes and that only the criminalization of laundering resulting from drug trafficking would be harmless.
The convention also provides for the establishment of a complete internal regime of regulation and control of banks and non-bank financial institutions and especially susceptible bodies, in order to prevent and detect any form of money laundering, with this regime emphasizing the requirements relating to identification customer service, recording transactions and reporting suspicious transactions. There is also a provision in article 7.1, letter “b” to the effect that “(…) the authorities responsible for administration, regulation, detection and repression and other authorities responsible for combating money laundering (including, when this is provided for in their domestic law, judicial authorities), have the ability to cooperate and exchange information nationally and internationally, in accordance with the conditions prescribed in domestic law, and, to this end, will consider the possibility of creating a financial information service that operates as a national center for the collection, analysis and dissemination of information relating to possible money laundering activities.
Article paragraph “b” of the Vienna Convention, internalized through Decree, was the first international document in which the issue related to money laundering was discussed, notably as a practice derived from illicit trafficking crimes. of narcotics and psychotropic substances (first generation law), through the prevention and repression of money laundering processes. Furthermore, the convention dealt with the obligation to criminalize money laundering derived from drug Middle East Mobile Number List trafficking, in addition to the creation of rules to facilitate judicial cooperation, extradition and the confiscation of assets arising from drug trafficking. Likewise, article 6 of the Palermo Convention, internalized through Decree, dealt with combating transnational organized crime and expanded the need to criminalize money laundering, considering that criminal organizations can commit different types of crimes and that only the criminalization of laundering resulting from drug trafficking would be harmless.
The convention also provides for the establishment of a complete internal regime of regulation and control of banks and non-bank financial institutions and especially susceptible bodies, in order to prevent and detect any form of money laundering, with this regime emphasizing the requirements relating to identification customer service, recording transactions and reporting suspicious transactions. There is also a provision in article 7.1, letter “b” to the effect that “(…) the authorities responsible for administration, regulation, detection and repression and other authorities responsible for combating money laundering (including, when this is provided for in their domestic law, judicial authorities), have the ability to cooperate and exchange information nationally and internationally, in accordance with the conditions prescribed in domestic law, and, to this end, will consider the possibility of creating a financial information service that operates as a national center for the collection, analysis and dissemination of information relating to possible money laundering activities.