{Reports: Al Furat News} The Rusafa Investigation Court, which is specialized in issues of integrity, money laundering and economic crime, confirmed the ability of the regulatory and judicial authorities to reduce the crime of combating money laundering, warning of “a new phenomenon that has occurred in the financial sector in Iraq, which is the phenomenon of virtual money or virtual money that is not It has a real existence, and its entry without any legal or official control, which could be a conducive pathway for the money laundering process.
On the extent of the control level over funds and the mechanism for their follow-up, Judge Munjid Ghazi Faisal said in a statement to the “Judiciary” that “transfers carried out by all financial institutions, both internally and externally, are subject to the (national division) system established by the Central Bank as a component of the infrastructure of the retail payment system. In Iraq, one of its goals was to create a (database) for those transfers,” as well as “information obtained from the Real-Time Gross Settlement System (RTGS), which provides a mechanism through which processing and settlement of high-value payment orders and any information about that is obtained.” .
Judge Ghazi also points out that the Anti-Money Laundering Law, in Article 14, stipulates that all governmental and private financial institutions, whether related to banks or automated payment companies, create an anti-money laundering department in order to activate the governance procedures in those institutions, but “the work of this section is tainted.” Notes on the practical level, specifically with regard to private financial institutions, in that it does not have the independence necessary to exercise its supervisory work, since the wages owed to its employees are paid through the institution itself, which needs more precise regulation by the Central Bank.
On the other hand, Ghazi touched on “a new phenomenon that has begun to occur in the financial sector in Iraq, which is the phenomenon of virtual money or digital money that does not have a real existence and is traded only through mathematical algorithms on the Internet and works without any legal or official control,” warning of the consequences of To "be a conduit conducive to the process of money laundering and tax evasion," noting that "this money differs from electronic money, which is the subject of automated payment systems, and it is legitimate money that refers to real cash," calling on the legislator to address this phenomenon by issuing appropriate legislation. To deal with it, especially with the recent historical collapse of its value
He considered the money laundering crime one of the most serious crimes, noting that "the reasons for the danger lie in its extremely negative impact on the national economy, as well as being a transnational organized crime, in addition to the money obtained from it is often used to finance other serious crimes such as terrorism and drugs," noting that "the seriousness of this The crime also comes from the criminals’ use of high-tech means that are trying in a smart and thoughtful manner to circumvent the national and international legal texts that criminalize them,” stressing that “these reasons prompted the world to seek to confront them, whether at the level of international cooperation or through national legislation carried out by individual countries. ".
Al-Qadi added that "one of the most prominent forms of international cooperation to confront this crime is the establishment of the FATF (Financial Action Task Force), an international organization established in Paris and working to enact international standards for combating money laundering and terrorist financing. It also conducts permanent evaluations to assess The extent to which countries adhere to these legal and regulatory standards, and this group has developed a series of recommendations that have become international standards for combating this crime and is also working to identify weaknesses at the international level with the aim of protecting the international financial system.
He added: "As a result of important judicial efforts undertaken by the Supreme Judicial Council through its various circulars and the efforts of the competent courts, including the Court for Integrity, Money Laundering and Economic Crime, in addition to other bodies such as the Central Bank of Iraq and the Directorate for Combating Organized Crime and others, whose basis was to work on implementing the recommendations of the Financial Action Group, All this recently resulted in the European Union issuing a decision to remove the name of Iraq from the list of high-risk countries, which increased the factor of reassurance in the Iraqi banking system towards the world and encouraged the opening of branches of foreign banks inside the country.
He stressed, "Iraq's relentless efforts to join these institutions as the (Egmont) group, which is an informal network of financial information units aimed at strengthening international cooperation and exchanging information, and this group provides a base for financial information units in the member states, and the Supreme Judicial Council is aware of the importance and seriousness of this crime. He issued a set of circulars emphasizing the (parallel financial investigation) procedure, which is mainly concerned with the pursuit of the financial proceeds of the crime, noting that “the crime of money laundering is an accessory crime that arises after the occurrence of an original crime from which illegal funds are realized, as the courts are now pursuing illegal funds in any A place even if it moved through several people and through a system of independent procedures."
The judge added, "As for the national level, Iraq is continuing to complete the legislative structure to combat this crime, as well as a set of legislation and regulations issued so far, as the Anti-Money Laundering Law No. 39 of 2015 required financial institutions to perform a set of due diligence measures to verify the sources of funds and the extent of their legitimacy. And the identities of clients, knowing the nature of work, as well as monitoring financial transfers, keeping the records necessary to restrict these financial operations, and not opening accounts for unidentified persons.
And he called for "the necessity of immediately informing the Anti-Money Laundering Office of any operation suspected of involving money laundering or terrorist financing, which in turn studies and analyzes all these reports and prepares suspicious reports sent to it, noting that this office has constant communication with other parties to complete the system of procedures such as the Prevention Department." In the Integrity Commission if the suspect is an employee or the proceeds of the crime are related to public money.
To strengthen these procedures, the judge also pointed out that “the exchange offices, as one of the financial institutions covered by the anti-money laundering law, are subject to the continuous procedures of the Court of Integrity and the fight against economic crime and money laundering permanently to reduce the phenomenon of unlicensed exchanges, as well as to ensure the extent to which authorized exchanges comply with the instructions and controls of the Central Bank. Where legal measures are taken against violators and referred to the competent courts in accordance with Articles (57 of the Banking Law No. 94 of 2004) as well as Articles (36, 39, 40, 41 and other Anti-Money Laundering and Terrorist Financing Law No. 39 of 2015).
And he talked about "cases related to sums of money transferred by citizens legitimately, but sometimes some exchanges seize them and not transfer them to the destination to which they are sent," noting that "the court takes legal measures in accordance with Article (453 of the penal code in force) against the owners of those exchanges." Not every money transfer abroad through exchange offices is a crime. From the proceeds of the crime, this is what the description of the money laundering crime applies to.”
Ghazi identifies the most important obstacles facing the work of the court and other regulatory bodies in combating this crime, foremost among which is the “weak international cooperation and the lack of answers from counterpart units of anti-money laundering offices in other countries, especially those that are safe havens for smuggled funds, in addition to the lack of full implementation of automation systems.” In some important departments, such as the Real Estate Registration Department, he explained that “most of the perpetrators of money laundering crimes buy real estate with huge amounts to hide that money or camouflage from their sources of income, as well as to legitimize those funds by selling these properties later and transferring those funds abroad to give the illusion that they come from legitimate sources. Or use it to finance projects and investments at home because of the difficulty of converting them due to the control measures or because of the economic deterioration in the regional environment and the depreciation of the currency of those countries, which contributed to a significant increase in real estate prices in Iraq.
He added that the presence of an electronic database that classifies real estate by names, not just by real estate numbers, allows the supervisory authorities to know the total property owned by each person accused of money laundering. For everything that is imported, and this would, if achieved, reduce the fake purchases of dollars in the currency auction."
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