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الرقابة المصرفية على عمليات غسل الاموال : دراسة مقارنة == The Banking Supervision Of Money Laundering A Comparative Study
Author name:
طيبة احمد علي
Supervisor name:
ابراهيم اسماعيل ابراهيم الربيعي
General topic:
Law
Specific topic:
Commercial Law
Degree:
Master
University:
University of Babylon - Faculty Of Law - Department Of Private Law
Language:
Arabic
University location:
Babylon
First pages:
13T1560 - p.pdf
Abstract:
يعد موضوع الرقابة المصرفية على عمليات غسل الاموال من المواضيع المهمة والمتعلقة بالنظم الاقتصادية، وذلك لما للمصارف من دور فعال في الحياة الاجتماعية والاقتصادية، فضلا عن دورها المهم في التنمية الوطنية بوصفها مركزا اساسيا للائتمان وتمويل المشاريع التجاري | The role of banks in monitoring money laundering transactions regarded as a main topics in economics systems; as banks play an active rule in so social and economic life.Also banks have vital part in national prosperity because it represent a main center for credit and for funding commercial projects and public services for all members of society.Bank should monitor all of his transactions, and there are a necessity of monitoring legality of bank accounts opening and banking credits. Bank Monitoring guarantee the transparency of financial transactions and avoid the many dangers, especially the phenomenon of transforming money from illegal sources to legal one by money laundering.Money laundering take many forms, some of them related to banks, like guarantee loans , Documentary letter of credit, banks accounts. Other forms are non - banks related, like using stock exchange markets and shell companies or through opening accounts and transferred money by electronic means to avoid detection by authorities.So Bank monitoring divided in two types : internal monitoring commence by bank boards of of administration or any entity have authorization by bank to do so.External monitoring execute by other authorities like central bank and external accounts oversight.The bank have many protocols and procedures to monitoring financial transactions, the main procedures are represent by two stages; The first stage to thwarted money laundering like verification of credibility of clients which include gathering Data from internal and external sources about client's financial status and take a right decision based on that data. Also bank stored all documents related to client's identity and sources of his money and all transactions between the bank and the client which enable bank to use this documents as an evidence to resolve issues arise between them.The second stage start after the discovery of money laundering of suspicion arise about it. This stage have many procedures like inform authorities to investigate the suspicious activities, and also freeze and seized assets related to this activities.From all that we concluded that bank have to make a balance between his right to monitor suspicious activities and the client's right of maintaining good reputation. The reasons for balancing is to avoid damaging client's reputation by issue a hesitate decisions relating to suspicions of money laundering. Also this decisions could held bank responsible in civil compensation especially if the client is a well - known merchant and that weakened his credibility.Also the bad decisions by bank could held him liable administratively by higher authorities, because bank have responsibility to choose right employees.
