Complying
with Money Laundering Regulations
Satisfying
money laundering regulations has become a routine task for
organisations involved with tax driven offshore financial structures.
Most will be fully aware that in addition to complying comprehensively
with any relevant requirements from the tax laws of their own
territory they need to:
- Keep
adequate records of the identity of their clients, or obtain
confirmations from reputable introducers that they have done so
under their own local money laundering regulations.
- Secure
satisfactory explanations showing that a new client's existing funds
have come from acceptable sources, and obtain confirmation of this
from reliable bankers or other regulated professionals.
- Be alert
to any evidence of a client being involved with funds derived from
drug dealing, illegal arms trading, terrorist extortion or other "money
generating" serious crime such as robbery, blackmail, etc.
Although
fulfilling these obligations is now a regular business activity for
individuals working in the offshore industry, familiarity with taking
standard compliance steps can create risks itself. Recognising
New Financial Crime and Illegal Activities
New
developments in financial crime and illegal activities can be easily
overlooked if they fall outside of the usual categories that come to
mind with money laundering laws:
- An
offshore company established to conduct profitable cross-border
trade in genuine machinery parts or medicines may turn out to be for
concealing illegal shipments in breach of international trading
sanctions rather than just for saving tax.
- An
offshore company producing exceptional results from stockmarket
transactions may be using insider information so that its profits
are tainted rather than just tax protected.
- The
finance director of a major trading company who is meant to be
acting for all its shareholders when fees or commissions are
received into an offshore company which he controls could actually
be defrauding those shareholders rather than simply mitigating tax.
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