Title of the thesis: The relation of money laundering and tax evasion in theory and legislation Abstract The thesis deals with the relation of money laundering and tax evasion, predominantly in the international context, because both of these activities are very often organized intentionally in several countries. This makes it difficult to detect and punish them and requires close cooperation between states, both in setting the rules and in enforcing them. It is the international soft-law and hard-law rules that significantly affect national regulation. Therefore, the thesis focuses on those and also on regional instruments within the EU. After describing the development of the two areas' regulation and its gradual intertwining, the thesis discusses the similarities and differences that feature the two areas and identifies the problems and challenges the international community is facing when tackling the two problems - reactive regulation lagging behind, slow implementation and complicated international cooperation, difficulty in measuring the problems (and the associated potential inefficiency in spending resources to fight them) as well as the challenges posed by the flourishing information technology. Possible solutions are proposed in the form of adjusting some aspects of soft law as well as...

Article Excerpt: The Anti-Money Laundering Act of 2020, enacted on Jan. 1, 2021, contained the first-ever federal requirement for certain legal entities to identify and report their beneficial owners, also known as the Corporate Transparency Act (CTA). The CTA was designed to “prevent wrongdoers from exploiting United States corporations and limited liability companies for criminal gain, to assist law enforcement in detecting, preventing, and punishing terrorism, money laundering, and other misconduct.” As trusted advisors, CPAs should consider informing clients of the new reporting requirements and advise them on the best option to pursue, even if they do not file the reports for their clients [...]

Research Questions: 1) What are the specific obligations and responsibilities that financialinstitutions may face if the use of AI technologies in AML/CFT is classified as a "High-Risk AISystems" under the proposed EU AI Act?2) How do financial institutions integrate AI technologies into AML/CFT complianceframeworks ensuring regulatory compliance and minimize risks?Purpose: Providing insights and recommendations that can help financial institutions navigatethe intersection of technological innovation and regulatory compliance in the AML/CFTdomain.Method: An exploratory multi-case study was employed within the qualitative approach withdoctrinal legal research to ensure alignment with the study's purpose. The data collection isbased on semi-structured interviews and EU legislations. An interpretive research paradigmand analysis through a thematic analysis was adopted.Conclusion: The research examines AI adoption in financial institutions for AML/CFTcompliance, combining theoretical insights, regulations, and interviews. It underscores theimportance of clear regulations, AI's efficiency in fraud detection, and the need for humanoversight. Outsourcing AI technologies while risk managing, balanced with internalcapabilities, is crucial. The proposed EU AI Act will provide additional regulatory clarity. Thestudy guides financial institutions in enhancing AML/CFT strategies through AI andintegrating technology with human knowledge, and regulatory adherence.

The analysis of bank account statements to establish evidence of illicit financial activity is an established financial investigation methodology in countries such as the United States and the United Kingdom, but it is still in its infancy in South Africa. This is further highlighted by virtue of the fact that no uniform analysis methodology is used in South Africa for the analysis of bank account statements. The purpose of the research was to explore the role of such analysis, and the current practises in South Africa and New Jersey in the United States. This was to determine a practical model for the analysis of bank account statements in the South African context. Empirical research led to a proposed process model for such analysis, which was synthesised from current practises in South Africa and New Jersey in the United States. This model is proposed as the basis for the development of a uniform analysis methodology for the examination of bank account statements. / Die analise van bankrekeningstate om bewys van onwettige finasiële aktiwiteite te bepaal is 'n vasgestelde finansiële ondersoek metode in lande soos die Verenigde State en die Verenigde Koningkryk, maar in Suid-Afrika is dit steeds in die begin stadium. Dit is verder beklemtoon deur die feit dat daar geen eenvormige analise metode in Suid-Afrika in gebruik is vir die analise van bankrekeningstate. Die doel van die navorsing was om die rol van hierdie tipe analise, en die huidige praktyk in Suid-Afrika en New Jersey in die Verenigde State te bepaal. Dit was om 'n praktiese model vir die analise van bankrekeningstate in Suid-Afrika te bepaal. Empiriese navorsing het gelui tot 'n voorgestelde proses model vir hierdie tipe analise, wat 'n samesmelting van die huidige Suid-Afrikaanse en New Jersey in die Verenigde State praktyk is. Hierdie model word voorgestel as die beginpunt vir die ontwikkeling van 'n eenvormige analise metode vir die ondersoek van bankrekening state. / Criminology / M.Tech. (Forensic Investigation)

Abstract  This thesis is concerned with examining the intersection between the areas of international commercial arbitration and money laundering. There are various points of connectivity between the two and the aim of this thesis is to discern how an arbitrator should conduct arbitral proceedings involving money laundering. For this purpose, a few selected topics have been examined. The practical challenges arising out of these topics, as well as the tools available to arbitrators to face them have been analysed in turn. After a brief inquiry into the nature of international commercial arbitration, money laundering and the ways that they come together, the topics of jurisdiction, the norms applicable to the substance of the dispute, and matters of evidence are subject to discussion. In studying these topics, a recurring theme, which goes to the very heart of the intersection between the seemingly odd areas of international commercial arbitration and money laundering, is discernible. In practically all of the challenges that an arbitrator will face when adjudicating a dispute involving money laundering a conflict of interest between the pivotal principle of party autonomy and other interests will arise. These interests originate from the public policy concerns vested in countering money laundering and the criminal law nature of this phenomenon. The tools which the arbitrator deem to be applicable as well as the conduct that he might choose in regards to the topics discussed, very much depend on his perception of the role that international arbitrators ought to assume in this conflict. Keeping these conceptual building blocks in mind the author, whilst examining the relevant legal instrument, case law and legal commentary, reaches the conclusion that arbitral tribunals ought to claim jurisdiction over disputes arising out of contracts tainted by money laundering in the majority of cases. The author also reaches the conclusion that there are other norms than the lex contractus that can be applied to the substance of the dispute and that the willingness to apply them will depend on the attitude of the arbitrator. Similarly, the arbitrator could, and arguably should, investigate the issue of money laundering of his own accord, albeit with a few important reservations. The rules of evidence, especially those of the burden of proof and standard of proof, should be tailored to reflect the nature of the complex offence of money laundering. Finally, the eventual possibility for an international arbitrator to report suspicions of money laundering is touched upon.

University of Macau / Faculty of Law

The analysis of bank account statements to establish evidence of illicit financial activity is an established financial investigation methodology in countries such as the United States and the United Kingdom, but it is still in its infancy in South Africa. This is further highlighted by virtue of the fact that no uniform analysis methodology is used in South Africa for the analysis of bank account statements. The purpose of the research was to explore the role of such analysis, and the current practises in South Africa and New Jersey in the United States. This was to determine a practical model for the analysis of bank account statements in the South African context. Empirical research led to a proposed process model for such analysis, which was synthesised from current practises in South Africa and New Jersey in the United States. This model is proposed as the basis for the development of a uniform analysis methodology for the examination of bank account statements. / Die analise van bankrekeningstate om bewys van onwettige finasiële aktiwiteite te bepaal is 'n vasgestelde finansiële ondersoek metode in lande soos die Verenigde State en die Verenigde Koningkryk, maar in Suid-Afrika is dit steeds in die begin stadium. Dit is verder beklemtoon deur die feit dat daar geen eenvormige analise metode in Suid-Afrika in gebruik is vir die analise van bankrekeningstate. Die doel van die navorsing was om die rol van hierdie tipe analise, en die huidige praktyk in Suid-Afrika en New Jersey in die Verenigde State te bepaal. Dit was om 'n praktiese model vir die analise van bankrekeningstate in Suid-Afrika te bepaal. Empiriese navorsing het gelui tot 'n voorgestelde proses model vir hierdie tipe analise, wat 'n samesmelting van die huidige Suid-Afrikaanse en New Jersey in die Verenigde State praktyk is. Hierdie model word voorgestel as die beginpunt vir die ontwikkeling van 'n eenvormige analise metode vir die ondersoek van bankrekening state. / Criminology and Security Science / M.Tech. (Forensic Investigation)

With the implementation of more and more stringent measures to prevent money laundering, criminals are resorting to the expertise of lawyers for assistance in the formulation of increasingly complex money laundering schemes. This expertise is provided both wittingly and unwittingly. The purpose of this research was to consider whether the South African anti-money laundering legislation places suspicious transaction reporting obligations, which are in line with and meet international directives, conventions and best practice frameworks, on attorneys. The study entails a consideration of the suspicious transaction reporting obligations of lawyers introduced by the Financial Action Task Force, the European Union, the United Kingdom and South Africa and provides an understanding of the concept of money laundering, the money laundering process and the areas in which lawyers are vulnerable to money laundering. The research found that the suspicious transaction reporting responsibilities of attorneys in terms of South African anti-money laundering legislation are not in line with international frameworks and best practice. / Dissertation (MPhil)--University of Pretoria, 2014. / tm2015 / Auditing / MPhil / Unrestricted

Criminals make use of accountants to assist them, knowingly or unknowingly, with complex money laundering schemes. The nature of the accounting profession places accountants in an ideal position to identify possibly money laundering activities. The purpose of this research is to consider whether the reporting obligations of South African accountants in terms of section 29 of the Financial Intelligence Centre Act, No 38 of 2001, as amended, corresponds sufficiently with the services they provide so as to constitute an effective anti-money laundering measure. In order to evaluate the relevance of section 29, the reporting requirements of accountants practising in South Africa are compared with those of the European Union and the United Kingdom, as well as the requirements of the Financial Action Task Force. The research study will also analyse the money laundering process and the nature of the accounting profession and consider some of the methods used to perpetrate money laundering applicable to accountants. The research found that accountants in South Africa have a duty to report suspicious transactions only when they are party to such transactions or when they are going either to receive the proceeds of crime or be used for money laundering purposes. Accordingly, in view of the fact that accountants are more likely to be in a position to observe money laundering than to be party to such a transaction, the requirements of section 29 of the Financial Intelligence Centre Act, No 38 of 2001, as amended, are not effective when applied to accountants. Copyright / Dissertation (MPhil)--University of Pretoria, 2012. / Accounting / unrestricted

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