Title: Money Laundering Crimes in UAE
1Money Laundering Learn The UAE Laws Regarding
Money Laundering Crimes
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2The UAE has made a series of changes in the way
it handles money laundering. The government has
gone the additional mile in clubbing the
Anti-money laundering laws with terrorism
financing so that the law Federal Decree No. 20
of 2018 applies to several verticals of illegal
monetary transactions. The new laws are in
accordance with the guidelines set by the
Financial Action Task Force, which pertain to
terrorism financing and anti-money laundering
regulations. His Highness Sheikh Khalifa bin
Zayed Al Nahyan himself issued the creation of a
unit that solely handles money laundering,
terrorism financing, and other illegal
transactions. The new law implements a
methodology where the institutions having an
income, either through business or other
professions must be completely accountable for
their finances. They must not open accounts
anonymously or under any pseudonyms. The
institutions must also identify, evaluate and
update on crime risks that are involved in their
area of business. there should also be internal
policies that must be in place so that the
company can review the risks better and intercept
them before it escalates.
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3- Money Laundering in UAE What you need to know!
- As per the new reforms, if any person or
institution is caught performing the following
procedures with the knowledge that the funds were
generated as a result of a crime, then action
will be taken against them. - The deposit, transfer, conversion,
safekeeping, exchange, management or investment
of the funds or actions that are taken to cover
up the origin of the money. - The actions are taken to hide or disguise
the origin, nature, disposition or movement of
the capital. - Ownership of the possession, acquisition
and the use of the capital. - One must note that these actions we have
specified will only count as a crime if the
person handling the money is aware that it is
from illicit sources, otherwise, the crime is
considered to be committed out of negligence.
Since money laundering is not considered to be a
predicate crime, a person charged for predicate
crime can be charged money laundering penalties
if they are found guilty with money laundering. - What are the roles of financial information Unit
and the National Committee? - The financial information is set in place to
regulate financial institutions by reviewing
their report and other financial activities. If
any discrepancies are found out in the operation
of a financial institution, the report will be
handed over to the concerned law enforcement
teams.
4- The financial information unit can also have the
authority to transfer the reports on illicit
conduct to other countries who may help the UAE
departments in the process. - What are the other government institutions
overseeing monetary crimes in the UAE? - There are other government bodies that regulate
monetary proceeding in UAE and often, for cases
that span across multiple jurisdictions, they
collaborate with each other. The following
government bodies are active in UAEs Anti-Money
Laundering initiative - The National anti-money Laundering
Committee (NAMLC) - The Emirates Securities and Commodities
Authority (SCA) - UAE Anti-Money Laundering and Suspicious
Cases Unit (AMLSCU) - The UAE Central bank
- The Insurance Authority
- The Financial Services Regulatory Authority
(FSRA) of the Abu Dhabi Global Market Free Zone
(ADGM) - The Financial Services Authority (FSRA) of
the Abu Dhabi Global Market Free Zone (ADGM)
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5What does the law state about Penalties? The
penalties that come in effect when charged with
Money Laundering begins with a fine that ranges
from DH 10,000 to DH 1 million. There is also a
chance of imprisonment that can last up to 10
years. Are you facing legal complications that
pertain to Money Laundering? Put yourself and
your business in the safe by hiring expert
lawyers to present yourself in court. With Al
Nassar Advocates in Dubai, you will always have
the legal upper hand! Contact us today to know
more!
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