Q1. Discuss the role of emerging technologies and globalisation in money laundering. Develop national and international strategies to combat the problem of money laundering. (150 Words, 10 Marks)
Answer:
According to the UN Office on Drugs and Crime (UNODC) Money laundering is defined as the conversion or transfer of property while knowing that such property is derived from an illegal act, with the intent of concealing or disguising the illicit origin of the property or assisting any person involved in the illegal act in evading the legal consequences of his actions.
Process of Money Laundering:
Ways in which Emerging technologies contribute to money laundering:
- To avoid anti-money laundering reporting, deposits are structured and a large number of channels, dubbed “smurfs,” are used.
- Unregulated use of cryptocurrency and alternative financing.
- A high volume of digital transactions on internet marketplaces is utilised to conceal organised portions of layered money.
Contribution of Globalisation to money laundering:
- The placement of money in the global financial system causes coordination issues across several governments.
- Shell corporations operate within the sovereign border under the illusion of lawful activities via forged invoices and balance sheets, channelling laundered funds into illegitimate businesses.
- Tax haven countries such as Cayman Island and Panama have built their economies around tax evasion aid.
- Interconnection of crimes across borders and Increased complexity of crimes.
Measures at the national level:
- Money laundering is a cognizable, non-bailable offence under the Prevention of Money Laundering Act (PMLA).
- The Financial Intelligence Unit – India (FIU-IND) combines national and international intelligence, investigation, and law enforcement activities to combat money laundering.
- The Black Money (undeclared foreign income and assets) and Tax Imposition Act, 2015 addresses the threat of black money in the form of undisclosed overseas income and assets.
Measures at the international level:
- The Vienna Convention requires signatory states to criminalise money laundering from drug trafficking.
- In order to combat money laundering and terrorist financing, the Financial Action Task Force (FATF) develops policies and encourages the effective implementation of statutory, regulatory, and operational measures.
- The OECD has approved a convention to combat money laundering. It provides adequate safeguards, including access to tax administration in suspected transactions based on information from FIUs.
- To prevent money laundering in the securities and futures markets, the International Organization of Securities Commissions (IOSCO) takes the required actions.
Money laundering is a global problem that must be addressed globally. To effectively eliminate the problem of money laundering, international and national stakeholders must work together to strengthen data sharing mechanisms and take a multilateral approach.