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Alterou o texto do documento Money Laundering
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Concept Money laundering can be unders... ...th the appearance of legality. The phenomenon of money launde... ...ut any danger of confiscation. The interest of law enforcemen... ... that they can be confiscated. The effects of money launderin... ...et with legitimate appearance. As pointed out, most forms of ... ...ceeds a legitimate appearance. Stages of Money Laundering As explained above, the money ... ...ived from a legitimate source. Accordingly, the entire proces... ...ssets into the formal economy. Placement – The initial stage ... ...eport high-value transactions. Layering - At this stage, the ... ... as hard to trace as possible. Integration - At the integrati... ...on during the previous stages. The Brazilian law does not req... ...s to placement or integration.Money Laundering: BrazilIn March of 1998, in order to continue the international commitments from the signing of the Vienna Convention, Brazil regulated the offence of money laundering by Law 12,683 of 2012, which expanded the scope of criminal law and conceptualize the crime as the "layering and placement of resource originated from any crime or misdemeanor".Although the administration of justice is indirectly injured as a result of this offence, the socioeconomic order is suffering the injury directly as money laundering is intended to mask the illicit origin of assets, rights and values with purpose of putting them into circulation. Thus, money laundering offers serious damage to stability, regularity and credibility of the market economy, for which the economic order should be considered the legal interest protected by Law No. 9.613 / 98.This law assigned to individuals and companies of several economic and financial sectors more responsibility (subjecting them to administrative penalties for the breach of obligations) for customer identification and the maintenance of all transactions and report suspicious transactions records.With the purpose of materializing the fight against such crimes, the 9th article of this law demands that financial institutions, authorized institutions to operate through the Brazilian Central Bank and other companies, must implement prevention programs to the money laundering crimes (“AML Programs”), checking procedures and clients’ identification (KYC - “know your costumer policy”), and recording and communications procedures of suspect operations (“red flags”).Also included under the legislation are insurance companies and brokers, banks, stock exchanges and futures markets; users of magnetic cards, or their equivalent, which permit the transfer of funds; companies that deal with foreign exchange, leasing, and factoring; individuals or companies dealing in commercial jewels, gemstones and precious metals, objects of art and antiquities; companies that distribute money, goods, services or their respective discounts by lottery and such like; companies that promote the purchase and/or sale of real state; individuals or companies that deal with luxury and very expensive merchandise; branches or representative offices of a foreign institution that operates with any of the abovementioned; and any company or institution that depends on authorization of any financial, exchange, securities or insurance markets’ government entities.In addition, with regard to the prevention of money laundering crimes, articles 10 and 11 of Law nr.9.613/1998 set that the people subject to this law must observe, in general terms, the following practices:(i) identify their clients and keep their updated record(ii) keep records and communicate to the competent authority all transactions in national or foreign currency, securities, bills of exchange, metals or any asset that can be convertible into currency, which exceeds the limit set by the referred authority(iii) keep the files and records described in the items (i) and (ii) above during the minimum period of 5 (five) years, to count from the conclusion of the respective transactio(iv) keep records of the transactions mentioned in item (ii) above, when the natural person or the legal entity and its related entities have performed, in the same calendar month, transactions with the same person, conglomerate or group, which jointly exceed the limit set by the competent authority(v) to fulfill, within the time period as set by the competent judicial body, the requests formulated by COAF, which will be processed in camera proceeding(vi) monitor the transactions that may constitute in serious evidence of the crimes being studied, or relate to them and must also communicate the proposal or performance of said transactions to the competent authority.
Recomendou o documento Recuperação Judicial
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Publicou o documento Recuperação Judicial
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Recomendou o documento Money Laundering
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Publicou o documento Money Laundering
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Alterou o texto do documento O Casamento no Direito Internacional
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INTRODUÇÃOServimo-nos do  presente  trabalho para apresentar os&pa...
Alterou o título do documento O Casamento no Direito Internacional
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Recomendou o documento Licitação: Direito Administrativo
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