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Beneficial owner in the Light of the AML/CFT Legislation
Roblová, Michaela ; Sejkora, Tomáš (advisor) ; Kohajda, Michael (referee)
Money laundering and terrorist financing present major social problems that can negatively impact economic growth of both, the state and the households. The ever-increasing globalization and the trend of removing barriers to the free market make it harder for the authorities to detect and investigate abovementioned crimes. That is why, in recent years, efforts have been made to cooperate in the fight against money laundering, both globally and at European Union level. The European Union keeps constantly improving the AML/CTF legislation. Thanks to that, the Czech Republic can keep up with the rapidly evolving techniques the offenders come up with. This thesis present one of the new legal institutes in the Czech law - beneficial ownership. The idea of beneficial ownership came from the Directive 2015/849 that was implemented into the AML/CFT Act n. 253/2008. Under the Directive, corporates and other legal entities such as trusts will be required to maintain accurate and current information on their beneficial ownership. Beneficial owner is an entity that enjoys the possession and/or benefits of ownership (such as receipt of income). The first part of the thesis concerns the general anti-money laundering and combating financing of terrorism problematics. It also tackles the concept of ownership...
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Activities of providers of financial services regarding the suppression of legalization of crime proceeds and terrorism funding
Auxt, Matej ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Suppressing the legalisation of the earnings of criminal activities along with the terrorism financing represent the essential aspect of terrorism and predicative crimes (from which the illegal earnings are obtained) prevention. Focusing on concealing the tracks of money transfers, the legalisation of the earnings of criminal activities and terrorism financing is being proceeded throughout a series of money transfers and with the help of other financial services. Therefore, it is crucial to mainly focus on the field of payment services providers when trying to supress these activities. For the purposes of supressing the legalisation of the earnings of criminal activities and terrorism financing the banks and other bodies on the financial market are relevant providers of the payment services. The key legal provision regulating the domain in question is the Act no. 253/2008 Coll. (regarding certain precautions against the legalisation of the earnings of criminal activities and terrorism financing) which puts the payment services providers in the role of liable subjects. The diploma theses analyses individual precautions against the legalisation of the earnings of criminal activities and terrorism financing, whose implementation is posed on the liable subjects by national legislation, as well as the...
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Basque terrorist organization ETA - its activity since 2004, tactics, internal structure and future perspectives of development
Hašková, Adéla ; Charvát, Jan (advisor) ; Šušlíková, Lada (referee)
The master thesis "Basque terrorist organization ETA - its activity since 2004, tactics, internal structure and future perspectives of development" deals with the analysis of development of the Basque terrorist organization ETA after 2004, when the islamic fundamentalists attacked Madrid. The first part of this thesis briefly presents basic theoretical principles of terrorism. The second part is focused on the history of ETA and its development from the very beginning till the year 2004. The third and the main part analyses the current development of ETA and the modification of its structure and strategy and also the counter- terrorist provisions, which have been taken by the Spanish state in order to paralyse the organization. All kinds of aspects which had and still have an influence on this issue had been taken into account - the changes of the internal structure of ETA and its financing, the changes in legislation or the changes in security forces strategy. A special chapter concentrates on the analysis of the strategic importance of ceasefire and the negotiations with the government.
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The UN Security Council Measures in the Fight against Terrorism from the Perspective of the European Human Rights Protection
Nagy, Peter ; Scheu, Harald Christian (advisor) ; Svoboda, Pavel (referee)
In the present doctoral (rigorosum) thesis, the author deals with the assessment of counter-terrorism measures adopted by the UN Security Council from the perspective human rights guarantees provided by European Union law. The aim of the analyzed measures is the freezing of financial and economical assets belonging to natural persons and corporate entities which are connected to the commission of terrorist acts or are suspected thereof. This type of measures represents one of the global instruments in the fight against international terrorism. In order to place the issue in its broader context, the author first deals with the definition of terrorism. Afterwards he analyzes the position of the UN Security Council with accents on the binding nature of its resolutions under Chapter VII of the UN Charter and the possibility of (judicial) review of these legal instruments. The author then introduces the functioning of sanctions regimes adopted pursuant to UN Security Council resolutions 1267 (1999) and 1373 (2001) both in the relevant UN bodies and in the European Union as well, while special attention is paid to the legal basis of regulations introducing the sanctions system to the realm of EU law. Afterwards the method of human rights protection in EU law via the creative use of general principles as...
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The international fight against financing of terrorism: A case study of the terrorist group ISIL
Holkupová, Jitka ; Rolenc, Jan Martin (advisor) ; Eichler, Jan (referee)
This diploma thesis is about financing of terrorism and the countermeasures of the international community. First, the issue is described from a general perspective. The first half of the thesis deals with the definition of terrorism and general ways how terrorist groups finance themselves. The following part is a summary of the most important countermeasures at universal and regional levels. The second part deals with the case of the terrorist group ISIL. First, the development of the group and its financial resources are explained. In the final part there is a list of international measures against ISIL and, given the still ongoing development, so far limited evaluation of their effectiveness and how they could develop in the future. The aim of this thesis is to cexplain how ISIL obtains the necessary funding and what are currently international countermeasures.
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Counter-Terrorism Financing Measures
Švejda, Jiří ; Trávníčková, Zuzana (advisor) ; Druláková, Radka (referee)
The thesis examines counter-terrorism financing measures adopted at UN level, by the EU and by the Czech Republic in the aftermath of 09/11/2001. The study answers such questions as which measures are effective in the Czech Republic and by what means they are implemented, what are the causes of their adoption and the objectives to be achieved. Trends determining ongoing evolution in this domain are also developed on the basis of the analysis.
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