From May 2019, foreign customers will have to declare to local system banks that their funds meet their country's tax requirements.
The Superintendence of Banks of Panama (SBP) approved Agreement 02-2019, which implements the recommendations of the Financial Action Task Force, which consists of expanding the required due diligence measures of banks with their customers.
In Costa Rica, greater banking control and the increased presence of organized crime explain the 58% increase in suspicious transaction reports in 2018 over 2017.
In the last two years, Suspicious Transaction Reports (SARs) submitted by banks to the Costa Rican Drug Institute (ICD) increased by 58%, from 320 in 2017 to 507 in 2018.
Guillermo Araya, director of the ICD, explained to Nacion.com that "...
Panama and Nicaragua are among the ten countries in Latin America with the highest risk of money laundering, according to the Basel Institute of Governance.
The anti-money laundering index (AML) prepared by the Basel Institute of Governance places Panama in fourth place in the list of countries with the highest risk of money laundering and financing of terrorist activities in Latin America and the Caribbean.
...and I will tell you who you are. In their quest to reduce exposure to risk, banking correspondents have started to restrict the services they provide to gambling companies, remittance companies, and brokerage firms that are not related to banking groups in the region.
In order to reduce risk exposure, some international banks with correspondents in Panama and other countries in the region are failing to open accounts for or provide services for companies whose income comes from activities such as remittances and gambling.The banks' argument is that they are more likely to be used for money laundering. Even non-banking brokerage firms claim to have difficulty offering their customers products and services,"... since banks wont open accounts in which customers can deposit their funds and receive a return on their investment."
Once enacted, the newly approved law will force accountants, lawyers, realtors, and other professionals to report suspicious transactions made by their clients.
Bill 19.951 reforming the Law on Narcotic Drugs, Psychotropic Substances, Drugs of Unauthorized Use, Related Activities, Legalization of Capital and Financing of Terrorism was approved in a second debate by the Legislative Assembly.
The amendment to the money laundering law approved in the first debate requires accountants, lawyers and real estate agents to report suspicious transactions made by their clients.
Bill 19.951 reforming the Law on Narcotic Drugs, Psychotropic Substances, Drugs of Unauthorized Use, Related Activities, Legalization of Capital and Financing of Terrorism was approved in a first debate by the Legislature on April 21.The new regulation establishes the obligations on professionals engaged in non-financial activities, such as lawyers, accountants, notaries and real estate agents, once the law is fully approved and enacted.
The housing market, casinos, concert halls, and the livestock sector are all used to launder money in Central American countries.
Excerpted from the report "International Narcotics Control Strategy Report, Volume II, Money Laundering and Financial Crimes" by the US State Department:
Costa Rica Transnational criminal organizations continue to favor Costa Rica as a base to commit financial crimes due to its location and limited enforcement capability. Costa Rica’s government has attempted to strengthen the legal framework for supervision and enforcement; however, challenges remain in mitigating money laundering risks. Costa Rica is a transit point that is also increasingly used as an operations base for narcotics trafficking; and significant laundering of proceeds from illicit activities continues. Costa Rica should continue to close financial crimes legislative gaps and allocate resources for investigation and prosecution.
Banks must report to the Institute on Drugs any financial transactions that do not correspond to a tax return.
A decree by the Solis administration amends the regulations of Act 8204 against drug trafficking, related activities, money laundering, financing of terrorism and organized crime.
Through an amendment to article 34 of Executive Decree No.
After the bank was taken over because of its inclusion in the Clinton List drawn up by the U.S. Treasury Department, the Superintendency of Banks has ordered its reorganization and sale to another bank.
From a statement issued by the Superintendency of Banks in Panama:
Through Resolution SBP-0116-2016 of July 1, 2016, the Superintendency of Banks has ordered the reorganization of Balboa Bank & Trust Corp., effective from the date July 4, 2016 at 2:30 pm, taking into consideration the recommendations of the Interim Administrator.The reorganization of the bank aims to fulfill three basic objectives:• To protect the best interests of depositors;• To minimize any loss of value of the bank to the detriment of depositors and•Reduce any adverse impact on the banking system. The decision to reorganize the bank will allow choices to be made that aim to give greater security to depositors and creditors of Balboa Bank & Trust Corp. for an early normalization of the situation in the bank and access to all of its funds.
The figure is an estimate made by the Intelligence Directorate in Costa Rica released by the US State Department, along with information that indicates a rise in criminal organizations based in the country, and little capacity to combat them.
Money laundering is a criminal activity that handles amounts that are difficult to measure. For example, the report "Illicit Financial Flows from Developing Countries: 2004-2013" by Global Financial Integrity says that during the aforementioned 10 year period, the flow of illicit money from Costa Rica exceeded $11 billion, that is about $1.1 billion a year.
In criminal proceedings declared as special because of their delinquent nature, such as organized crime in Costa Rica, demands can be made, by civil means, for explanations of capital increases on the part of natural or legal persons who may lose them if they are not able to prove the legality of their origin.
EDITORIAL
In Costa Rica Law 8754 Against Organized Crime was approved by the Legislature and promulgated by the Executive Branch in July 2009, but since May 2013, application of Articles 20, 21 and 22 have been suspended while a query was resolved with the supreme court on its possible unconstitutionality.
There were "few initiatives identified to combat the laundering of proceeds of crimes such as fraud, forgery, tax evasion and product piracy".
The real estate market, construction, legal services and casinos once again appear as the most susceptible to money laundering.
The ruling was made by the Financial Action Task Force for Latin America (Gafilat), which released a report on Anti-Money Laundering measures and Combating the Financing of Terrorism (AML / CFT) put in place in Costa Rica at the time of the site visit (19 the January 30, 2015).
The Global Financial Integrity report notes that between 2004 and 2013 the flows of money from Costa Rica from laundering and other illicit sources increased by 10% compared to the period 2003-2012.
EDITORIAL
The report entitled "Illicit Financial Flows from Developing Countries: 2004-2013" by Global Financial Integrity, shows that during the 10 years in question, the flow of illicit money from Costa Rica exceeded $11 billion.
Noting that it is complying with the law relating to money laundering, the head of Banco de Costa Rica confirmed the closure of the accounts in local and foreign currencies belonging to Latinamerica Trust and Escrow Company.
An article on Nacion.com reports that the president of the State Bank of Costa Rica (BCR), Paula Mora confirmed that "... the legal director of BCR, Eduardo Ramirez, assured him that the prosecution has an open case against Latco for alleged money laundering. "
We are all responsible for fighting against the culture of easy money through laundering which attracts investments of dubious legality and generates situations of corruption, insecurity, threats and extortion.
The main business association in Panama has joined various international and national organizations, noting the need for "... the private sector and citizens to adhere to the efforts of the public sector, since the responsibility for preventing and combating laundering, is a joint project. "