碩士 / 東吳大學 / 法律學系 / 97 / In order to vague the paper trial and not to be detected by the authorities, money laundering is the process that the offenders choose to transform dirty money to clean money. The irregular cross-border transaction is the alchemy which the related parties trade beyond the regular commercial activities to commit the tax evasion crimes and tunneling. Tax havens are the under-developping countries offeingr low tax rates enticements. Though the three seem irrelevant to each other, as the alchemists stretch out their hands to the tax havens, while manipulating the financial reports by means of carousel fraud, there are ties among the money laundering, tunneling and tax evasion. In short, directors in our nation obtain the illegal money from the listed companies by way of carousel fraud with their shell companies in tax havens. The behaviors at times accompany the over or under invoicing while importing and exporting, which we discern as tax avoidance. And while trading cross countries, the dirty money flows into the tax haven foreign bank accounts that will be regarded as money laundering. Furthermore, when hiding the dirty money within the foreign bank accounts in off shore financial center, that will arouse the question of controlled foreign companies. The complex trading schemes are so-called, traded based money laundering in some documents. However, our society rarely notices these crisises, not to mention taking the prevetive measures. Nowadays, our AML regulations, which amended several times over the years, seem to totally focus on the prosecution and tracing the paper trial, and at the same time, the preventive measures are dismissed. Henceforward, this article will concentrate on the issue of whether our regulative framework can effectively work to deter the trade based money laundering. This article will be divided in six chapters. And from part two through part five is the center of the article. Followings are the summaries of the thesis：
Part One：To illustrate motives, purposes, realms, methodologies, and structure of the research.
Part Two：Case study and issues discussion. The first subpart of the article delineates four widely known cases in our nation, which combine the issues of cross boarder tunneling, money laundering and tax evasion. The second subpart demonstrates the critical concerns of cases illustrated above, and then issue the points to further discussion in the following parts of this article.
Part Three：The Regulative Framework of monitoring Irregular Cross-border Transaction. This chapter is divided in two parts. The first subpart briefs the money laundering regulation. Then in second subpart, this article demonstrates the non arm’s length transaction in securities and tax aspect. And the last words take a closer look to the regulative framework to analyzed whether the loopholes exist.
Part Four：Comparative legislation of the AML regime. Knowing the fact that our anti-money laundering rules are quite weak at dealing the trade based money laundering issue, in this part of the article, we should probe into the foreign AML programs and policy to find a solution of fighting trade based money laundering.
Part Five：Comparative legislation in the CFC rule regime. In view of curbing the deferral privilege, foreign legislators cultivate the well-developed anti-tax avoidance rules to control the CFC regime. In light of adopting the CFC rule in our society, this part of the article will brief the United States, Canada, and United Kingdom CFC rules. Furthermore, as more and more people develop the cross border trade with mainland China, this article illustrate the comparative legislations between Taiwain and Mainland China.
Part Six：Suggestion and Conclusion. Notwithstanding the fact that using the off-shore companies incorporated in tax havens is quite prevalent, we should discern how to monitor and regulate the money flow transferring cross board by means of financial institutions. Yet, this article draws the conclusion that the current regulations are incapable of fighting the trade-based money laundering. In hope of constructing the more effective framework to detect the Irregular Cross-border Transaction, this article recommends the amendment of current money laundering regulations. In respect of preemptive measures, the legislation should require the financial institutions burdens to implement the customer due diligence process. That is, auditing their customers and ongoing monitoring the accounts. On the other hand, if our legislative background is sound enough, the legislator should adopt the CFC rule to prevent the deferral privilege. Therefore, with different legislations integrated together, we can infer a better framework to curb the trade-based money laundering.
| Identifer | oai:union.ndltd.org:TW/097SCU05194150 |
| Date | January 2009 |
| Creators | Chia-Yin Lee, 李佳穎 |
| Contributors | YIHONG HSIEH, 謝易宏 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 258 |
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