In recent years, the phenomenon of money laundering has aggravated and has become floating on the surface in a way that disturbs the owners of commercial companies because of the risks it poses to them and the country’s economy. This is why the legislator confronted it and issued many legislations warning of this phenomenon, as the legislator expanded in describing the term money laundering or what is called the economy by various terms such as the “hidden – the black – the shadow” economy, to protect individuals and companies themselves from such operations that involve gaining money from illegal sources, as the phenomenon of money laundering is the processing of criminal proceeds to hide their illegal source. This process is of particular importance because it enables the criminal to enjoy these profits without jeopardizing their source.
Kuwait Law No. 106 of 2013 was issued and explained how to protect individuals and companies from the risk of falling prey to such operations, where Article 2 of it defined the crime of money laundering as “A person who knows that the money is obtained from a crime and deliberately commits a money laundering crime is considered a perpetrator of the crime of money laundering ……… by transferring, substituting, or transferring them to conceal or disguise the illegal source of those funds………. The legal person shall be responsible for any crime stipulated in this article if it is committed in his name or for his account. ……”
The Vienna Convention of 1988, Article 3.1, defines this phenomenon as “the transfer or moving of funds with the knowledge that they are derived from any crime or offenses, to conceal or disguise the illicit source of funds or with the intent of assisting any person involved in the commission of such a crime or crimes to evade the legal consequences of his actions”;
Money laundering is a process that usually follows three stages to the final release of the laundered funds into the financial legal system:-
Deposit (after funds for direct association with the crime)
Camouflage (covering the path to mislead the pursuit)
Inclusion (making money available from a seemingly legitimate source)
Hence, given the recent increase in this phenomenon locally and internationally, it is necessary to focus on the role of state agencies in combating such crimes and to determine the legally prescribed penalties and the procedures to be followed in this regard, especially since the crime of money laundering or terrorist financing can be passed through charitable associations and institutions through Exploiting loopholes in law enforcement, procedures, or fraud, and that the source of funds to be financed for terrorists may look legitimate, such as the collection of donations from bona fide individuals, and fraud can occur after the fundraising stage in the following procedures, such as transferring funds to those who deserve it.
How to protect your company from this phenomenon?
Here, the role of the lawyer appears, who represents the legal cover for the commercial operations carried out by the companies, The lawyer must ensure the integrity of the commercial process procedures that the company is carrying, which requires the lawyer to be familiar with what is going on with every agreement the company makes, and to be familiar with every legislation issued in that matter, and how to protect the company from falling prey to the criminals.
Our office provides all of our services to individuals and commercial companies given our long experience in confronting and combating such suspicious operations. Dalal Al-Mulla Legal Group includes lawyers and specialized consultants who have obtained specialized courses in this field and who can detect this phenomenon and protect commercial companies from falling and becoming a victim of money laundering crime. We will check how legitimate your contracts are, and ensure their integrity, the source of commitment to them, and their eligibility.
Related Content:
Kuwait Law No. 106 of 2013 regarding money laundring and terrorist financing.
Author: Dalal Al-Mulla