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The role of banks in the fight against money laundering and financing of terrorism
Pultarová, Hana ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Money laundering and terrorist financing are serious problems that may not only disrupt the stability and reputation of financial institutions, but also affect a wide range of individuals. Therefore, this kind of conduct can be punished as a crime, including the active involvement of banks in money laundering. However, the diploma thesis focuses mainly on preventive measures introduced by the provisions of administrative law. The role of a well-functioning banking system is essential for the effective suppression of money laundering and financing of terrorism. Banks are the most frequent reporters of suspicious transactions and the bank services are used by wide range of persons. The role of banks is mainly determined by their designation as obliged entities by the Act no. 253/2008 Coll., on certain measures against the legalization of proceeds of crime and terrorist financing. The obligations arising out of this act are put into context with the Czech Banking Act and with regulations governing payments and implementation of international sanctions, including directly applicable laws of the European Union. The importance of the bank services is also caused by the regulation of cash payments. In connection with the activities of banks, the thesis reflects selected changes that will be introduced by...
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Assessment of AML/CFT Practices and Suspicious Activity Reporting in the European Union member states
Vandasová, Daniela ; Pečená, Magda (advisor) ; Šíla, Jan (referee)
i Abstract This thesis presents an analysis of potential drivers of the numbers of suspi- cious transactions as precursors to money laundering conducted on the Euro- pean Union Member States between 2016 and 2021, and subsequently assesses the efficiency of the existing list of EU-recognized predicate offences to money laundering and financing of terrorism during this time period. Another con- tribution of this thesis is the consideration of the COVID-19 pandemic and assessment of its potential effects. This thesis used a newly compiled dataset containing EU-recognized predicate offences, enforcement factors, and macroe- conomic indicators. Based on the results of this analysis, the main drivers of suspicious transaction levels in the European Union between 2016 and 2021 were drug-related offences and the presence of the global pandemic of COVID- 19. Subsequently it was concluded that the list of predicate offences as recog- nized by the European Union was possibly not efficient in identifying plausible streams of money laundering during the analyzed period. Policy recommenda- tions that could arise from this analysis include promoting consistent reporting of indicators used in international legislation to allow for the development of a stronger data-based structure for further policy evaluation and...
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What are substitutes for domestic money and what is their legal regime
Karpják, Jiří ; Kotáb, Petr (advisor) ; Vybíral, Roman (referee)
Domestic money substitutes and their legal regime Abstract Abstract Domestic money substitutes and their legal regime Abstract The thesis deals with the elementary legal aspects of the phenomenon of cash substitutes in the Czech legal system, especially in relation to the general prohibition of their issuance contained in Section 239 of the Criminal Code. In the introduction the thesis sets out to define the category of items falling under the concept of money substitutes and then to assess the extent to which the provisions constituting the legal regime of lawful money apply to these money substitutes. The thesis first defines the concepts of money, currency and the legal regime of lawful money, providing evidence in particular on the specifics impacting on the potential legal regime of money substitutes. After defining the basic concepts, the thesis analyses the current criminal law regulation of money substitutes. In this part, the author addresses selected problems described in the literature on the subject and discusses in detail the history of the current criminal law prohibition of money substitute, concluding that it is de lege lata an obsolete legal regulation which, without further action by the legislator, cannot be constitutionally applied within the framework of criminal law constrained by the...
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What are substitutes for domestic money and what is their legal regime
Karpják, Jiří ; Kotáb, Petr (advisor) ; Vybíral, Roman (referee)
What are substitutes for domestic money and what is their legal regime? Abstract The thesis deals with the position of substitutes for domestic money in the Czech legal system and the phenomenon of substitutes for state money in general. The work is divided into three parts, in the first the author analyzes the current legal regulation of domestic money substitutes in the Czech legal system, concluding that the current regulation is clearly obsolete, while its interpretation by modern legal science is considered not only restrictive but also very formalistic, and thus not completely fulfilling the role set desired by original legislator. At the end of the first part, the author concludes that some selected forms of non-state money (especially corporate money and LETS systems) correspond to the current concept of substitutes for domestic money, but they can not be considered part of modern economic reality. In the second part, the author analyzes modern forms of non-state money with a focus on cryptocurrencies, as the most relevant form of non-state money. The author describes the gradual development and acceptance of virtual currencies both from the perspective of European regulators and from the perspective of their real economic use. The author concludes that a significant part of virtual currencies falls...
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Records of actual owners of limited liability companies and joint stock companies
Gnědin, Arťom ; Čech, Petr (advisor) ; Elek, Štefan (referee)
Records of actual owners of limited liability companies and joint stock companies This diploma thesis deals with the records of actual owners of limited liability companies and joint stock companies. The aim of the thesis is to introduce the basics of the institute of records of actual owners and then to discuss its key features and problematic issues associated with it. At the beginning, the thesis outlines the evolution of the institute of records of actual owners, and further evaluates the potential to meet the goals associated with the introduction of the evidence. At the same time, the thesis draws attention to the pitfalls that the records can bring in practice. The thesis also deals with the issues related to the extent of the mandatory information about the actual owner and the issues related to the storage and handling of such information. The thesis leads a discussion to interpret the relevant provisions to keep a balance between the necessary prerequisites for fulfilling the meaning and purpose of the records and the rights of a legal persons. In the following chapters, the thesis focuses on the definition of the actual owner and on the systematization of the ways in which a natural person or group of natural persons can be an actual owner. The thesis interprets the provision defining...
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Combating terrorist financing from the perspective of a major bank operating in the Czech Republic
Opl, Jakub ; Bureš, Oldřich (advisor) ; Kučerová, Irah (referee)
The diploma thesis deals with implementation of legal framework in fight against financing of terrorism and money-laundering in context of anonymous private financial institutition residing in the Czech Republic. Implementation is exercised on the basis of analysis of internal regulations of the institution, anonymous interviews with Compliance officers and survey of the employees from the branches. The thesis shreds some light on problems regarding implementation and also regarding the knowledge of AML/CFT on the side of employees, who are in daily direct contact with clients. In light of these findings, the thesis suggests need for greater enlightment for these employees.
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The role of banks in the fight against money laundering and financing of terrorism
Pultarová, Hana ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Money laundering and terrorist financing are serious problems that may not only disrupt the stability and reputation of financial institutions, but also affect a wide range of individuals. Therefore, this kind of conduct can be punished as a crime, including the active involvement of banks in money laundering. However, the diploma thesis focuses mainly on preventive measures introduced by the provisions of administrative law. The role of a well-functioning banking system is essential for the effective suppression of money laundering and financing of terrorism. Banks are the most frequent reporters of suspicious transactions and the bank services are used by wide range of persons. The role of banks is mainly determined by their designation as obliged entities by the Act no. 253/2008 Coll., on certain measures against the legalization of proceeds of crime and terrorist financing. The obligations arising out of this act are put into context with the Czech Banking Act and with regulations governing payments and implementation of international sanctions, including directly applicable laws of the European Union. The importance of the bank services is also caused by the regulation of cash payments. In connection with the activities of banks, the thesis reflects selected changes that will be introduced by...
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