Perú: Interview with dr. Ulises Flores Rosas, the money laundering, and the post Covid19
Carlos Jara Cuevas
Analyst of international politics, security and international technical cooperation. International press.
The Peru is has become a benchmark of the covid19 due to failure in health care by the government of President Martin Vizcarra, corruption is rampant in all ministries, regional and municipal governments , at the controls of the police and armed forces with public complaints that demand an investigation, to this is added the external indebtedness and the waste in financial bailouts for banks, AFP, companies of monopoly groups and the media together with public opinion pollsters , to now decide to intervene in the clinics appealing to Article 70 of the political constitution but Without clarifying that the articles that have to do with the economy and its management are the insurmountable fence in the face of a purely media discourse because the masked outsourcing of private health services will be arranged in this modality with extremely high and excessive costs creating a hole black to the coffers of our economy and opening channels for dark profits that will go down the path of money laundering.
Likewise, the movements of capital in these times of covid19 and the world crisis of the capitalist economy have not been exempt from the silent dynamics of money laundering, including drug trafficking that moves around 900 billion dollars on the planet. approximate cited by major media of the world , social scientists and security agencies and intelligence , but the methods are different are for example the form used by the Chinese mafia and one in the mafia Arabic by historia hundreds of years, and in the twentieth century there is the mafia of the 1920s with alcohol trafficking and gambling. But if we go further back in the era of the domination of the Spanish Empire when turned on the planet currencies like the Real of 8 gold was the global currency in the international market that crossed the seas and continents including China of the 16th century in which its secure transactions were with the currency of the Spanish empire, in those times the illegal economy of the high seas worked on the basis of piracy and corsairs supported by their monarchies, there the illicit traffic of all kinds of robberies included the traffic triangle of trafficking in black slaves who were illicit business major shipping companies and bank of the Portuguese monarchy, the old Venetian black nobility Jewish and its surroundings monarchies marketing their sale to the mainland of the Americas Hispanic during 350 years, with these businesses the European banking and companies grew , the great wealth of inheritances are founded on these illicit activities supported by their monarchies . Later with the predominance of the British Empire and the creation of the company's East India dedicated to trafficking in opium and of the big dens and brothels installed once bombed and taken the ports of imperial China by the British who posesionaron of What today is Ho ng Kong and other Asian islands in the 19th century , France would come behind them and the Portuguese presence would also be felt . Likewise, in these times drug trafficking is part of the world financial oxygen in the money laundering of this sector of the organized criminal business economy that includes terrorism, trafficking in women and prostitution , the sale of organs, the kidnapping of minors, illegal immigration, the trafficking of weapons, hire mercenary armies organized as security companies, slavery in Africa and the middle East, etc , all of that sum in this emporium of transnational organized crime. The States with the international, regional and subregional organizations live this criminal mosaic that must also be seen from various perspectives of the integral security of the peoples; the economic, financial, political, social, demographic decline, military, biological, legal, religious, cultural, idiosyncratic, psychological, health and family. So in the case of money laundering that crosses the spine and the financial neurons from which they feed, they have to be approached as a global mega-problem and as part of the State policy and comprehensive security in each country , be the model political that it has, because this criminal emporium works even from the legality and the borders of the State and the Law. Peru is a country of approximately 32 million inhabitants with 70% of informal workers lacking in being inserted in the economic and labor law, lacking public services proven in this covid19. AND sta is a social base that lends itself to be used by this criminal industry also is listed for its natural geopolitical position our continent as a living space and epicenter in the Pacific Ocean, its location is strategic since the time of the Viceroyalty until the day of today being also producer of coca and cocaine for more high quality and purity, listed on the European market over 30 thousand dollars a kilo put on the market for this sector criminal "the new normal" does not exist, it is the the informal economy and criminal black market the best platform via sea ports and coves, via air, via underwater roads and virtual networks of the internet will generate high returns . Now in this new tripolar scenario with the US, Russia and China, security becomes the basis for the recovery of economies in the midst of inflationary and recessive crisis, the interest of financial capital and criminal capital awakens the purification and repression are On the order of the day in cooperation to fight this organized criminal system, we are a continent country or people with a bridge to the Atlantic and with a route to join the new silk road whose head is China and the Organization for Cooperation of Shanghai , and on the other hand we are a country prone to geopolitical balkanization, the guarantee of the unity of Peru is the capacity in security and defense that we always have to be ahead in its continuous modernization, that is why we must recover the Republic of Peru for the Peruvians versus corporate globalizing neoliberal models . To discuss this issue we have gone to a Guadalupano, we refer to this origin because traditionally those of us who study at the Nuestra Señora de Guadalupe School have a tradition and awareness of homeland forged in decades through the generations that have passed through their classrooms and have had a leading role on the national scene in all areas and tasks that a Guadalupano has had to respond to, so we have the opportunity to count on Dr. Ulises Flores Rosas to address this issue of national and global interest, money laundering in the economy and society . Citing the words of the interviewee he is a native of Lima and the District of Rimac, " rimense bajopontino mazamorrero culminated secondary education at the First School Meritorious National Our Lady of Guadalupe, a graduate of the Navy of the Peru, admission to School Official the Policia of I ESEARCH of the Peru. Oficial Superior in Policia of I ESEARCH of the Peru in the degree of Coronel PNP , founder unit elite Policia National the P eru "DINOES" ( D irection N ational O erations E speciales) member " SINCHI " Instructor of O erations P psychological and T oma D ecisions Y catedráti c or the Policia National the Peru , work in different units of the country as are the high Huallaga and VRAEM ( Valley Apurímac, Ene and Mantaro rivers ), both units or peratives as well as administrative, I work at UDEX. (Explosives Deactivation Unit), followed different specialization courses including Subversive Courses, Anti-Subversive Course, and Jungle Operations among others, held the position of Head of spare parts warehouse 2 in the PNP Logistics Directorate, participated in the Operation of the hostage rescue in embassy l Japan " CHAVIN HUANTAR " from the beginning to the end culminating with hostage rescue, lawyer, VP C omission of Defensa National Order Internal and Security Ciudadana of the Colegio of a attorneys representing Lima chosen for the fourth time, P resident C omission of Honores and R CKNOWLEDGEMENTS of the Colegio of Profesores of the Peru Region metropolitan lime " . For readers and researchers on this matter, the interviewee has published three volumes on Asset laundering, a training work for cadres of the police forces and state security and also for researchers on this subject and their current problems , it is a work for understand the characteristics of how political corruption in Peru is manifested, they can get abroad by via electronic or physical directly through the editor of its publication.
So the post covid19 is just around the corner, let's trust our people and build national and homeland awareness. Finally , we thank the collaboration of the Fundación Vida GEV and its Delegations in Europe, the US and Iberoamerica , the institution consultant iberoamericanU.K . , The Coronavirus Friends Association of the United Kingdom, the Spanish Pan-African Federation , the Ibero-Andean European Center , the Association of Ibero-Andean Political Consultants and the Ucayalina Gazette to spread our articles in Spanish and English on their social networks in Europe and on other continents. the interview and open the debate on for further study and research.
1.- Because money laundering is a component of corruption and corruption a factor of government today in Peru.
It is important to know that Money and / or Money Laundering is an illegal activity, and that its objective is to generate an economic gain for the individual or group (Criminal Organization) that carries out such activity. Likewise, it is considered as the process by which the origin of the funds generated through illicit activities (for example, illicit drug trafficking, smuggling, piracy, terrorism or corruption) is fraudulently concealed. In order for these to appear as the fruit of lawful, legitimate activities and circulate without problem in the economic-financial system. This process is of vital importance, since it allows the criminal to enjoy his earnings without endangering its source and / or illicit origin. this underlying criminal conduct that generates the product that can be washed and circulated normally.
In Peru it is framed in CRIMINAL LAW AGAINST MONEY LAUNDERING LAW N.º 27765 . Acts of Conversion and Transfer The one that converts or transfers money, goods, effects or profits, whose illicit origin is known or can be presumed, in order to avoid the identification of its origin, its seizure or confiscation .
Acts of Concealment and Possession Whoever acquires, uses, keeps, custody, receives, hides or keeps in his possession money, goods, effects or profits, whose illicit origin he knows or can presume, in order to avoid the identification of their origin, its seizure or forfeiture . Aggravated Forms when:
- a) The agent uses or makes use of his condition of public official or agent of the real estate, financial, banking or stock market sector.
- b) The agent commits the crime as a member of a criminal organization. when the acts of conversion or transfer are related to money, goods, effects or profits from illicit drug trafficking, terrorism or narco-terrorism.
We frame the question in this part as it considers that the failure to communicate or transactions suspicious, and l that, in breach of its functional professional obligations or fails to report to the competent authority, transactions or suspicious transactions that it discovers according to the laws and regulatory standards, and disqualification. Bearing in mind that for this crime there is the prohibition of Penitentiary Benefits. They will not be able to avail themselves of the penitentiary benefits of redemption of the sentence for work and education, semi- freedom and conditional release.
It is also an important factor to determine these crimes of money laundering as a component of corruption, as RESOLUTION SBS N ° 369-2018- 0 January 1, 2018, THE SUPERINTENDENT OF BANKING, INSURANCE AND PRIVATE ADMINISTRATORS OF PENSION FUNDS , of Law No. 27693, Law that creates the Financial Intelligence Unit of Peru and its amendments, provides that it is the function and faculty of the Superintendency of Banking, Insurance and Private Pension Fund Administrators to regulate in coordination with the supervisory bodies of the obliged subjects, the guidelines, requirements, sanctions and other aspects related to the systems of prevention of the subjects obliged to report and the reports of suspicious operations and the operation record format, among others. Being clear that, article 3 of Law No. 29038, Law that incorporates the Financial Intelligence Unit of Peru (UIF-Peru) to the Superintendency of Banking, Insurance and Private Administrators of Pension Funds, modified by Legislative Decree N ° 1249, Legislative Decree that dictates measures to strengthen the prevention, detection and sanction of money laundering and terrorism, establishes the list of subjects obliged to inform the FIU-Peru, providing that those indicated in numeral 3.2 of said article They must implement a limited system for the prevention of money laundering and terrorist financing without considering the crime of corruption of officials. This rule in its Article 1.- establishes that it is applicable to the following obligated subjects:
- Those that are dedicated to the antiques trade.
- Transmission interests in public administration, according to Law No. 28024. It has for object and purpose that l to this Act regulates the management of interest in the field of public administration, to ensure transparency in the actions of the State. It is of greater interest of n or promise or make a profit of any kind, provide services or deliver goods of any nature on behalf of the holder of the interest in the case of professional managers, or directly, case managers own interests , either personally or through third parties in favor of officials with public decision - making capacity , as well as their spouse or relatives up to the fourth degree of consanguinity and second degree of affinity. This obligation applies even before or after the management act carried out before the official. Situation that is not fully met since to date cases of money laundering followed by corruption of the aforementioned have been presented and are being discussed. Being of vital importance the participation of the obliged subject who has the obligation to communicate to the FIU-Peru, through its compliance officer, the operations detected in the course of its activities, carried out or that have been attempted to be carried out, that are considered as suspects, regardless of the amounts involved. The communication that must be made immediately and sufficiently, that is, within a period that in no case should exceed twenty-four hours (24) from when the operation is classified as suspicious. The term to classify an operation as suspicious is subject to its nature and complexity. Through its communication to the FIU-Peru, leaving documentary evidence of the analysis and evaluations carried out, for the qualification of an operation as unusual or suspicious, as well as the reason why an unusual operation was not classified as suspicious and reported to the FIU- Peru, if applicable.
- The public auctioneers.
- Credit and / or debit card processors.
- Travel and tourism agencies and lodging establishments.
- Non-profit organizations (NPOs) that collect, transfer and disburse funds, resources or other assets for charitable, religious, cultural, educational, scientific, artistic, social, recreational or solidarity purposes or purposes or for the realization of another type of actions or altruistic or charitable works, as long as they do not provide credits, microcredits or any other type of economic financing.
- State companies that, due to the activity they carry out, are not within the scope of numeral 3.1 of Article 3 of Law No. 29038 and the regulations that modify or replace it, as well as the National Elections Jury, the Office National Electoral Processes, the State Procurement Supervisory Agency, regional governments and provincial municipalities.
- The Central of Public Purchasing - Peru Purchasing
- The professional football clubs, first and second division, that make up the Professional Football Sports Association (ADFP) and the Second Division Professional Football Sports Association (ADFP-SD), respectively, or those that take their place .
Considering that state institutions are key to the fight against corruption and money laundering, such as the Judiciary, Public Ministry, Specialized Public Prosecutors and the National Penitentiary Institute (INPE) and other places where the members of the organizations try to penetrate criminals , who seek to attract these same public officials who work in the state and / or acts committed by themselves, incurring corruption by managing money and property of the state, carrying out suspicious operations through the conversion or transfer of assets, money and others in what causes a great concern of citizenship by acts of corruption in recent years. Currently, one difficulty in knowing the extent of corruption is measurement. There is no specific instrument that makes it possible to understand the impact and real dimension of corruption in various contexts. For this reason, one of the most used tools is the level of perception of the phenomenon based on the opinion of the community and the media.
In this regard, given the knowledge of the high perception of corruption followed by the laundering of illicit money , what is coming would generate in the country high levels of population distrust of the ordinary citizen about various state institutions and even the highest level . This is reflected above all in the Peruvian justice system where there are high levels of mistrust of the Judiciary , as well as the Public Ministry who must guarantee the interests of the state, the Anticorruption Prosecutor's Office , the High Level Anticorruption Commission , and the National Police of the Peru , as well as other entities such as Municipalities, regional governments, due to a growing perception of corruption in various areas such as the competent institutions to address the same problem. This is worrying, since the lack of trust of the institutions on the part of citizens could generate inaction by society and inactivity of complaints, which has led to a level of alerts for money laundering in recent years. years. The crime of money laundering, unlike corruption, is a phenomenon with less statistical production that allows knowing its situation in a given space. Currently, at the national level, there are many publicly known cases of corruption followed by money laundering, but there are few cases prosecuted for this crime that are safely collected with exemplary penalties ; This despite the fact that in recent years this new form of crime has been regulated and reviewed by the State, with the contribution of civil society. To date, there are no national diagnoses on the perception or impact of the money laundering phenomenon in the country. This becomes a difficulty to know and measure with greater precision about the situation of this criminal modality.
2.- Drug trafficking in Peru and money laundering in Peruvian democracy.
Like any activity we know that drug trafficking is perfected with money laundering modalities. The drug trade is fueling an illicit activity that is stronger in Peru and demands greater specialization: money laundering, which comes from the sale of cocaine abroad, especially Europe , US and Asia . One of the modalities related to crime this which is increasing among Peruvians narcos is to hire the services of people who are dedicated exclusively to wash engaged in the laundering of money illegal, The scrubber is often an entrepreneur successful entrepreneur dedicated to the fisheries sector, real estate, agriculture, mining , transportation or another area. The drug trafficker has stopped being a launderer to outsource that activity. It has been perfected to evade justice, that would explain, that there are more difficulties to detect the criminal connection or the origin of the money that the launderers handle. The times I son intervened s for the crime of money laundering argue that its financial imbalance (when disbursements of money they make are greater than their declared income) is because they are informal and / or work pretending to get around the SUNAT (National Tax Superintendency), But, in reality, they are launderers and money launderers from drug trafficking and others .
Another point in favor of these criminals is that the majority have no judicial or police record , taking into account that drug trafficking is one of the most profitable crimes on a world scale, with cocaine being the one that generates the greatest profit, Peru produces, per year, approximately 300 tons of high-purity cocaine and it is the leading exporter of this drug considering that Peru has in its crops the coca leaf that contains the best and highest alkaloid in the world for the production of cocaine . Within one of the various modalities that exist to launder and launder illicit money from drug trafficking , of which they use as well as to remove it from the country and place it in tax havens of the world, banking financial entities and using informal financial entities seeing that the traffic drug and money laundering increasingly is more efficient to elude justice in the country and to the organizations criminal organized avail themselves of technology and at the same time are advised by law firms renowned .
In Peru n or frontally it is fighting against drug trafficking, although crime is the most dangerous and deadly , because it is linked to international organized crime, and that the apparently according to a report of the FIU. (FINANCIAL INTELLIGENCE UNIT), the link between drug trafficking and money laundering and banking is decreasing, which is not true, since this reduction does not mean that it is facing drug trafficking to the point that they are no longer laundering money. This s and translates to the FIU to date still lacks tools and specialized personnel to detect the tentacles of drug trafficking. It is important to note that for example the companies construction and real estate to date are receiving more administrative sanctions for failing to report suspicious transactions, correcting in different ways capricious with weak sustenance. On the other hand we know that the strategy of our country Peru is a comprehensive and multidisciplinary approach covering the seizure of narcotics crop eradication coca and promotion of alternative crops, including when they should go over there as is the beginning of the investment and the destination for these criminal acts, paying little attention to the negative impact of the crime of money laundering in society related to drug trafficking , despite knowing what the source crimes are , according to financial intelligence reports, which presume the linkage of economic operations to money laundering, it was detected that the amount involved in this crime is approximately US $ 13,182 million , where illicit drug trafficking, illegal mining of gold and other minerals, corruption and tax evasion stand out as previous crimes among others . Taking into account a possible and probable infiltration of organized crime in the banks at the highest level to prevent their economic operations from being detected, which should be a call for these entities to reinforce the integrity of their personnel.
The main concern of citizens to live in a true democracy is corruption; then, it is followed by common crime and others. It should be borne in mind that this crime of drug trafficking and money laundering works as a facilitator of serious crimes, since it allows "cleaning and laundering " the money that comes from them. If there were an effective fight against money laundering and corruption, criminals could not use their illegitimate profits in the formal economy, but with this situation, oddly enough, it destabilizes democracy.
3.- What is the importance of banking and financial entities in the chain of money laundering movements.
In the financial sector and money laundering, we understand that money laundering is the method by which a criminal person, or a criminal organization, processes the financial gains resulting from illegal activities. As in any legitimate business, a criminal enterprise needs quick access to the profits made through the sale of goods and services. Unlike a legitimate business , however, the criminal enterprise cannot operate openly and normally in the financial market because at all times it seeks to hide the nature, location, origin, ownership or control of profits produced by its " business " , to avoid being detected by the competent authorities. Through money laundering, criminal (be it a person, an organization, or specialist s in the washing and bleaching of money) this type of organizations seeking to transform r monetary gains derived from criminal activity funds apparent from apparently , from a legal source. All money laundering activity falls into one of two categories:
conversion or movement. Conversion takes place when financial products change from one form to another, such as when you buy a money order, a property or a car with illicit profits; the original illicit products have changed form, from cash to money order, real estate or car. A movement occurs, when the same financial products change locations, such as when the funds are transferred digitally Y7o telegraphically to another city or sent through the mail. A normally established and legitimate merchant makes the same types of conversions or movements for his business every day (for example: capital acquisitions, investments, purchases, product sales, dividend distribution, payment of wages, taxes etc.). In the process of money and / or money laundering, the offender tries to disguise the true illegal origin of the funds, trying to maliciously hide the origin and / or source. With regard to what is the financial sector needs to take special measures to prevent money laundering, which contribute to the action of the authorities in the prevention and punishment of this crime. These measures have a special character and go beyond the simple duty of collaboration with the authority that corresponds to every citizen. That is why continuous studies on the subject are of the greatest importance, insofar as they provide the financial sector with a greater knowledge and understanding of the existing provisions to deal with money laundering.
In relation to the chain of money laundering movements.
In the initial or placement stage, the money launderer and / or launderer disposes of the cash products originally derived from crime, drug trafficking, terrorism, etc. either by inserting them directly into the banking financial system or by moving them elsewhere. In the stratification stage, the money launderer tries to separate the illegal products from their illicit origin by subjecting them to a series of financial transactions and investments (both conversions and movements). The scrubber hopes with that not only to make the connection more difficult, trying to maliciously hide the origin and / or the source but almost impossible to detect.
The last stage or integration is where the launderer creates the justification or explanation that seems legitimate for the funds now laundered and puts them openly into the legitimate economy as investments or through acquisitions of goods by forming companies and others. The money launderer uses a variety of techniques to launder illicit products. In addition, he has at his disposal certain common monetary mechanisms and instruments that facilitate his work. In simple terms, the money launderer is just a merchant whose goal is to maximize profits to provide a financial service while minimizing risk to himself and his clients. However, since the launderer provides an illegal service, it must use modified versions of legitimate business techniques.
Tea techniques of money laundering A technique Money laundering is an individual procedure or step in laundering illegal products, similar to a legitimate individual business transaction. Some of the most common techniques of money include the following: Structuring or make "work Pituf e or " or "ant work".
Complicity of an official or organization private and / or state : looking for me zclar Companies , firms facade , purchases of goods or monetary instruments with cash proceeds , smuggling money in cash , telegraphic or electronic transfers , Reshape form illicit products through the purchase of goods or monetary instruments , establishment of portfolio or nominal companies , sale or export of goods ,
Other techniques used for money laundering are: Fraudulent sales of notarized or bank- owned real estate , Banked wireless or inter-correspondent money transfers , False import / export invoices or “double billing” of purchases and sales, Loan guarantees , Sale of securities through bogus intermediaries.
Another money laundering mechanism is a commercial or financial company that facilitates the laundering. Many of the same financial companies (for example, Cooperative banks and exchange houses) that participate in legitimate businesses also take part, knowingly or unknowingly, in the laundering of illegal funds. According to modern business practices, the distinctions between the various types of businesses that offer financial services have become blurred. In this way, a currency exchange business can also serve to transmit funds, or a lender that can change soles, dollars, checks and operate as an agent for a private or public company and / or company.
We have some of the most common types of mechanisms in money laundering are: Banks, including commercial banks, private banks, and savings institutions (for example, savings and loan associations, cooperative banks, etc.) , Stock brokers or products , Banks or investment companies (for example, mutual funds) , Foreign currency exchanges , Drawers, holders or beneficiaries or cashiers of traveler's checks, money order checks, or similar instruments , The postal service (money orders) , Lenders , Loan or finance companies , Companies that operate in the sending of remittances or money transfers , Casinos or gambling houses , Insurance companies , Operators of precious metals, stones or jewels , Travel agencies , Retail automotive sales (includes automobiles, planes and boats) , Real estate companies.
Likewise, we have certain financial instruments that are more conducive or preferred by money launderers for their convenience or because they facilitate the concealment of the original origin of the funds they represent. The following are some of the instruments for money laundering most frequently used: Currency in circulation is soles or dollars and others, Checks in management, Personal Checks, Money Orders, Money Orders.
Therefore, we can see that the fight against money laundering and / or money laundering involves all economic sectors. In the case of the financial sector, your responsibility is greater. The financial sector receives and channels a good part of the flow of capital from the economy, which makes it easier for money of illicit origin to be confused with resources of legal origin. Therefore, the financial sector is especially vulnerable to being used without its consent or knowledge for money laundering. The dissemination of the relevant regulations in Latin American countries is essential to achieve greater effectiveness in the fight against the criminal enterprise, beyond the repression of the crime itself considered and the simple criminal repression of the offender.
Narcotráfico cooperatives used for money laundering specifically in the area of the VRAEM , there are many people using cooperatives in the area of the Valley of the Apurimac, Ene and Mantaro (VRAEM) rivers to launder money from drug trafficking. "Cooperatives are one of the forms of money laundering used in the area of the VRAEM" to these facts the Superintendency of Banking and Insurance (SBS) who now handles supervis ar cooperatives to advance the fight against money laundering and drug trafficking. Since cooperatives are teeming in the VRAEM area, taking into account that the crime of money laundering consists of any act carried out to give an appearance of legitimacy to goods and capital of illicit origin and that these goods come from source crimes such such as illicit drug trafficking, terrorism, crimes against public administration, corruption , kidnapping or any other crime with the capacity to generate illegal profits, which at the same time, established the characteristic of autonomous crime for money laundering, therefore For its investigation, prosecution and sanction, it is not necessary that the criminal activities that produced the money, goods, effects or profits be subject to investigation or judicial process, nor that they have previously been the object of evidence or conviction .
Washing der financial assets unbanked and / or cooperative level offense for which assets obtained illegally to be inserted to the legal market through different modalities. To this end, being one of the sectors most used would be cooperative savings and credit, because many of them proliferated over the years without state control, even " function to n without anyone supervising or would audit, simply informing to FENACREP - Federation of Savings and Credit Cooperatives , remaining even outside the Superintendency of Banking and Insurance , taking into account that Ayacucho is one of the regions most affected by the crime of illicit drug trafficking, due to the location of its population like the valleys of the Apurímac, Ene and Mantaro rivers, belonging to the province of Huanta . In this area they would dedicate themselves to the production and commercialization of the coca leaf, an input used for the production of cocaine drugs. The economic income from this illicit activity would be converted into economic capital for the creation of savings and credit cooperatives, in order to give it a legal or legal appearance. Besides this you have the information from the Chamber of Commerce, Industry and Tourism of Ayacucho that estimated in the city exist ed n 80 cooperatives and only seven are supervised by the National Federation of Cooperative Savings and Credit of the Peru (hereinafter " FENACREP ”). Meanwhile, seven cooperatives are being investigated by the Public Ministry for the alleged money laundering.
According to the Superintendency of Banking and Insurance (SBS), the production of the coca leaf would be closely related to the production of 170 thousand kilos of cocaine, which would be obtained with 20 thousand tons of chemical inputs that would enter the VRAEM (Valle del Rio Apurímac, Ene and Mantaro), this consequently would generate 2 billion dollars a year in Ayacucho. Said amounts of money from illicit drug trafficking would be laundered through legal entities; perhaps one of the most used modalities for laundering. Often the money would be camouflaged through cooperatives, those entities whose corporate purpose is to serve the financial needs of their members and third parties. In addition to this, cooperatives could be a center for hiding the crime of money laundering related to drug trafficking, it would be a market strategy, keeping in close contact within areas where the operations for the production of substances are carried out. Along the same lines, the Superintendency of Banking, Insurance and AFP estimates that the Savings and Loans Cooperatives represent 12.5% of the financial system, that is, they receive more than S / 11,000 million. This amount corresponds to only 151 cooperatives and ran supervised FENACREP 671 identified so far. Additionally, there are more than 500 Savings and Credit Cooperatives that would not be supervised by any State entity; Thus, doubts are raised about the origin of certain assets managed by cooperatives and their possible involvement with the crime of money laundering. However, this situation should be taken into account as a political problem, since it weakens the control system for drug traffickers and criminals, allowing them to break down or expand their operations. Drug trafficking as a social problem has been inserted in the areas considered poorest in the country with cooperatives as fronts.
The Superintendency of Banking, Insurance and AFP ( SBS ), assumes the supervision of the Savings and Credit Cooperatives (COOPAC), after the President of the Republic, Martín Vizcarra today promulgated the law that empowers him to control these entities.
It is important to note the Ley 30822 amending Law 26702, General Law of the financial system and the insurance system and of the Superintendence of Banking and Insurance, and other related regulations, concerning the regulation and supervision of cooperatives of Savings and credit from now on, the Coopac have characteristics and are governed by the following provisions: a. They are different from the savings and credit cooperatives authorized to attract resources from the public referred to in article 289 of this law.
- They carry out their activities, operations and services in compliance with the cooperative principles indicated in the General Cooperative Law — hereinafter, cooperative principles. c. They can only collect deposits from their cooperative members. They are not authorized to collect deposits from the public. d. They can only grant credit to their cooperative members. and. They compulsorily use the name "savings and credit cooperative" or its acronym " Coopac ", followed by the distinctive name they choose. They cannot use other names that create confusion regarding its nature. They are governed by the General Cooperatives Law, except for the matters that are the subject of this final and complementary provision and regulatory standards issued by the Superintendency of Banking, Insurance and AFP. g. They carry out financial and credit operations with their partners, including financial leasing operations and acting as trustees in trusts, as well as other operations necessary for their operation.
- Because political parties are organized surrogacy instruments for the capture of institutions public for washing active s.
There are many different terms that have been used surrogacy, surrogacy, surrogacy, surrogacy, gestational surrogacy. And knowing the medical term to refer to the same phenomenon that happens when a woman lends herself to gestate a boy or a girl and, once born, give it to the person or people who have commissioned it and who are going to assume their paternity and / or maternity. In this figurative case, it is a formal or verbal contract that usually includes the commitment. E l funding of political parties as surrogacy and driving to conceal the sources of their resource s economic s , has a legal framework only administrative punishment, causes the concealment of contributors, the imbalance between the amount contributed and spent and; Above all, the delivery of unregistered cash presents us with an illegal financing horizon not criminally prescribed. Within this framework, it is necessary to determine how the preliminary fiscal investigation is considering the illegal financing of political parties. Along the same lines, Describe how you consider the origin of the illegal financing of political parties.Here you have to see how the Public Ministry represented by the Criminal prosecutors usually can denounce and / or accuse the simple crime of money laundering. Equity imbalance or unjustified fortune of political leaders, without providing sufficient evidence, by submitting their investigations to illegal financing of political parties. Under these scopes, it allows the free participation and development of people in a given society, which would allow the democratic nature of its organization. From what we could understand that the illegal financing of political parties is not a crime in Peru, they are correctable administrative faults.
Considering the illegal financing of political parties as a source crime. The secondary objectives being the determination that the preliminary tax investigation must prove its illegal origin, that the taxpayer must have knowledge of the crime and that the standard action is intended to avoid the identification of the criminal origin of the financier's money. With this we will reveal that the illegal financing of political parties is extremely difficult to classify as money laundering, since it is argued according to the spokespersons or the treasurer and / or those in charge of collecting the money from the political parties that they were informed of the legality of the financing and good source , arguing that he was unaware of the illegality of obtaining said contribution and that the financier could be a person who anonymously supports the party or is a natural person who identifies himself, regardless of whether he has the economic capacity to justify the financing or not . In conclusion, there would be no source crime that supports a tax accusation for money laundering.
Currently, political parties are under control over Prohibited Financing of political parties. Recently, by Law No. 30997, the Penal Code was incorporated, which considers that any person who performs the guiding verbs (conversion, concealment or transfer) is a crime. It also makes me money laundering who intervened in criminal activities generating money, goods or profits (Law No. 27765 Art. 6, and D. Leg. N ° 986 art. 10), commits the offense both delivering the Illegal donation such as the one you receive or accept.
Governing word : Money laundering Conversion , transfer , Concealment , possession Transport , Request , Deliver , Accept , Receive . Regarding the Origin: Assets of illicit origin come from criminal activities (Illegal mining, drug trafficking, terrorism, against public administration, corruption, terrorism, kidnapping, tax crimes, etc.). The contribution comes from a prohibited source of financing, as indicated in Article 359-C of the Penal Code. It does not refer to or reach the previous activities that generated the contribution. With regard to the Dolo requires direct intent, "he knows" the source i lawful. It also admits possible fraud: "it must presume" the illicit origin. The direct fraud: "knowing or having to know its origin". It does not require knowing how the money contributed was generated, but only knowing that the contribution comes from a prohibited source under the terms of CP 359-C. Its Purpose To avoid the identification of its origin, its seizure, immobilization or confiscation. Following this purpose, the author generates assets i lawful searches return or restore them already washed and / or bleached to its sphere of assets. In order to achieve the b ENEFIT of a political organization or electoral alliance registered or registration process.
S and incorporated into the Penal Code two new offenses: the prohibited financing (Art. 359-A) and distortion of information on contributions and expenditures of political organizations (Art. 359-B), who, directly or indirectly , requests, accepts, delivers or receives contributions, donations, contributions or any other type of benefit from a legally prohibited source of financing, knowing or should know its origin, for the benefit of a political organization or electoral alliance, registered or in the process of registration , if the crime is committed by the candidate, treasurer, campaign manager or de facto or legal administrator of the resources of a political organization, provided that he knows or must know the legally prohibited source of financing.
According to article 359-C of the Penal Code, among the legally prohibited sources of financing we have: Any public-law entity or company owned by the State or with the participation of the State, other than direct or indirect public financing to political organizations. Anonymous monetary contributions greater than two (2) tax units. Natural persons convicted with a consensual or enforceable sentence, or with a mandate of preventive detention in force for crimes against the public administration, illicit drug trafficking, illegal mining, illegal logging, human trafficking, corruption, money laundering or terrorism . , Those arising from domestic or foreign legal persons criminally or administratively sanctioned in the country or abroad for committing an offense c onociendo or should know its origin vs knows or should assume its illicit origin .
5.- Because deregulatory states like ours are less interventionist in the effective fight against money laundering and corruption.
One of the most relevant factors in the crisis of the rule of law is the growing role of groups and corporations, especially economic ones, in the norm-creating processes. These are manifestations of legal pluralism, which are of special interest to explain the phenomenon of deregulation. Contrary to what the expression may suggest, deregulation is not equivalent to anomie, but is identified with the displacement of interventionist norms, typical of the social State, by others whose function is limited to ensuring private autonomy and free competition between subjects that operate in the market. Deregulation is usually justified on reasons of market efficiency, but also on reasons of greater legitimacy of public authorities. Although deregulation is gaining importance in the field of state law, it is surely at the transnational level that its presence is most noticeable. Moreover, it could be said that deregulation is the most characteristic normative technique of global society (think of the new lex mercatoria ): economic agents that operate on a global scale need uniform rules, adapted to scientific and technological advances, we need rules that they do not put obstacles to the market. This is precisely the kind of law that favors deregulation. global. One of the most significant causes of the decline in the rule of law is the growing normative role of groups and corporations, especially economic ones, members of civil society. These manifestations of legal pluralism within the State are of special interest to explain the phenomenon of so-called “deregulation”, since, contrary to what the expression may suggest, it does not amount to anomie, but rather is identified with the displacement of norms interventionists by others limited to ensuring private autonomy and free competition between subjects that operate in the market. In that they provide security and protect commercial transactions against crime, and very especially they need standards that do not hinder the market. This is precisely the type of law that fosters global deregulation, the social state and the globalization process. Economic groups, such as large multinational companies, are the protagonists of one of the most significant processes of thinning of state regulatory power. Its power of normative influence is revealed when the laws are permeable to the interests of these economic actors, but also when the public institutions themselves consent, promote or are forced to accept deregulation processes. Deregulation is usually justified on reasons of market efficiency, but also on reasons of greater legitimacy of public decisions, and it is even argued that this form of normative production constitutes a solution to the overflow of the welfare state, favoring the functioning and better provision of health services. services to citizens. Deregulation, then, is gaining importance in the field of state law, but surely the clearest examples of deregulation are seen at the transnational level. This is precisely the type of law that favors deregulation. Undoubtedly, deregulation offers interesting advantages for private economic subjects, but this emerging form of law production also contains debatable aspects, perhaps the most evident being the weakening of participation and representation in equal conditions of the interests of the possible ones affected by these norms of gestation, development and private application. At the transnational level, the rise of deregulation contrasts with a vacuum of international public law, which many authoritative opinions consider that it puts at risk basic aspects of world coexistence, to the extent that the absence or ineffectiveness of the legal norms In addition to leaving urgent global problems unanswered, together with the normative power of private economic subjects, they endanger world peace and security itself .
- Consider ud. that the Peruvian Constitution is limited in the fight against money laundering and therefore against corruption, it is necessary to determine this through constitutional reforms or a new, more vigilant and punitive constitution for reasons of State.
If since the Political Constitution of Peru is already limited to the DECREE SUPREME NO. 003-2018-JUS, Well considered exclusively in the National Plan against Money Laundering and the Financing of Terrorism 2018 -2021. Because the Political Constitution of Peru provides in article 8. that the State fights and sanctions illicit drug trafficking and in Article 44 as its primary duties, it is to guarantee the full validity of human rights and protect the population from threats to their security, which imply a frontal fight against the financing of terrorism. Taking into account that organized crime uses an increasing level of sophistication to hide and give the appearance of legality to illicitly obtained assets, thus becoming increasingly dangerous for the security of our society. Likewise, our country has suffered the consequences of the violence unleashed by terrorist activity, which generated large human and economic losses, generating poverty and fear among citizens.
That, by means of article 1 of Supreme Decree No. 057-2011-PCM, published on July 1, 2011, the National Plan to Combat Money Laundering and Financing of Terrorism is approved and by means of article 2 of the aforementioned Decree Supreme, the Multisectoral Executive Commission against Money Laundering and Terrorism Financing – CONTRALAFT is created, in order to monitor the implementation, compliance and updating of the aforementioned National Plan;
That, through Supreme Decree No. 018-2017-JUS, published on September 15, 2017, the National Policy against Money Laundering and Financing of Terrorism was approved and the CONTRALAFT is strengthened, incorporating new member entities and assigning new functions to it;
That, likewise, the Only Final Complementary Provision of Supreme Decree No. 018-2017-JUS establishes that within a maximum period of ninety days (90) calendar days after its publication, by Supreme Decree, at the proposal of the CONTRALAFT, it is appropriate to approve the National Plan against Money Laundering and Terrorism Financing, as an instrument for the implementation of the National Policy against Money Laundering and Terrorism Financing;
That, after a participatory process, the members of the CONTRALAFT, through Agreement No. 08-2017-CONTRALAFT, adopted in its Third Session, held on October 27, 2017, unanimously approved the proposal of the National Plan against Money Laundering. Assets and Financing of Terrorism 2018-2021, which defines in a temporary scenario, specific objectives, concrete actions, responsible for their implementation and measurement indicators;
That , in this sense, it is necessary to approve the National Plan against Money Laundering and Terrorism Financing 2018-2021, in order to have an instrument that guarantees the implementation of the National Policy against Money Laundering and Financing Terrorism in the short and medium term .
7.- At the Latin American level, we are the main producer of cocaine and poppies, these facts show the limitations of the State to face money laundering due to the high levels of terrorist violence, infiltration of public institutions of the State and the judiciary, What does r .
Cocaine Hydrochloride, better known as coca, snow farlopa , parakeet, white, its formula being C17H21N04 ( ACID FORMULA OF THE SUBSTANCE), is an alkaloid extracted from the leaf of the coca plant ( Erythroxylum Coca), or prepared by chemical synthesis Taking into account that the production of cocaine is simple and the steps to follow are well defined: basically, the coca leaves are transformed into paste and then they are in hydrochloride, the production of coca is possible with the help of chemical substances called precursors, among which are ether, sulfuric acid, gasoline, etc. The final product is usually mixed with substances (adulterants) such as talc, cornstarch, amphetamines, quinine, basic acid, strychnine, detergents, formaldehyde, etc. Depending on the production process and the substances used, different types of derivatives will be obtained: coca paste or bazuco, cocaine hydrochloride, free base and “crack”.
World cocaine production is at record highs, according to the UN. The nearly 2,000 tons of cocaine you have a hundred percent to purity, so the figure that reaches the market is much higher than the proceeding to mix the drug cocaine with other substances to increase their economic benefits.
In recent years we have been witnessing an increase in illegal activities in Latin America. The advance of drug trafficking and the settlement of criminal organizations in our countries have not only generated a trail of unusual violence, but have also come to complicate the growth of economies by incorporating dirty money into the market. Money laundering thus becomes a serious threat, as it not only causes much of the violence in our societies, but also pollutes the economy and affects governance by promoting corruption. The new law on money laundering, a precursor in the region, is characterized by not requiring the existence of a pre-existing crime to be able to investigate the asset imbalance. This is an important innovation, since being a second degree crime, the emphasis on the penalty was always placed on the original crime and not on the laundering itself. In the same way, the Financial Intelligence Unit (FIU) was strengthened in its attributions and in the creation of a body of experts who would operate as a “mask” of the FIU to sustain its reports before the fiscal and judicial authorities, protecting the identity of system agents.
In addition, it was established that the FIU reports would have the character of expertise at the judicial level, which increased their weight as incriminating evidence. Another important norm issued was the new law of loss of ownership, focused on the prosecution of illicit assets through better procedural standards and a new system of administration of assets seized from criminal organizations and drug trafficking gangs, corruption, illegal mining, logging. illegal, tax fraud, extortion, kidnapping and, in general, any crime of offense to the State and that generates profits and assets of illicit origin. This regulatory circuit is completed by the newest organized crime law, which provides special treatment to certain high-incidence crimes to configure effective tools to prosecute the judicial, prosecutorial and police authorities. An initiative is pending before the Congress of the Republic for the FIU to access information protected by bank secrecy and tax reserve.
In recent years we have been witnessing an increase in illegal activities in Latin America. The advance of drug trafficking and the settlement of criminal organizations in our countries have not only generated a trail of unusual violence, but have also come to complicate the growth of economies by incorporating dirty money into the market. Money laundering thus becomes a serious threat, as it not only causes much of the violence in our societies, but also pollutes the economy and affects governance by promoting corruption.
In Peru, the commitment of the government, business people, political parties and civil society to tackle corruption on all fronts is firm. In that spirit we have been working, and this publication is inserted in those same coordinates, which will allow us to better understand what we have been doing in this matter.
8.- It is probable that the death penalty and life imprisonment can deter the gangs of organizations to commit crimes, it would deserve a national referendum.
The latter promotes the development and consolidation of an illegal or underground economy, which contributes millionaire profits that become part of what contemporary economists and sociologists call the “gross criminal product. Which, moreover, leads to the need to activate and strengthen suitable mechanisms or practices for money laundering, capable of ensuring that the capital illegally obtained by criminality can "lose its bad smell" and get mixed up in the opaque torrent of the informality .
We know that every day, some State executes or condemns someone to death as punishment for some crime committed, and sometimes for acts that should not be punished. In some countries, this penalty may be imposed for drug-related offenses, while in others it is reserved for acts of terrorism and murder and others for corruption offenses.
The death penalty is the most extreme form of cruel, inhuman and degrading punishment. United.
Execution methods: Decapitation, electrocution, Hanging, Lethal injection, Firearms.
Where do most of the executions take place?
In the 2019, most executions of which news had occurred in China, Iran, Saudi Arabia, Iraq and Egypt, in that order.
China remains the world's largest perpetrator, although the true extent of the use of the death penalty in that country is unknown, as the corresponding data is classified as a state secret.
The death penalty does not deter or undermine the fight against crime. Countries that maintain the death penalty often claim that it is a form of deterrence against crime. However, this position has been repeatedly discredited; there is no evidence to show that it is more effective than life imprisonment in reducing crime.
Unfortunately it is used as a political tool. Authorities in some countries, such as Iran and Sudan, use the death penalty to punish political opponents.
The organization's work against the death penalty takes many forms, including specific projects based on advocacy and campaign work in the Africa, Asia and Oceania, America and Europe and Central Asia regions ; the reinforcement of national and international norms against the use of the death penalty, supporting, for example, the adoption by the UN General Assembly of resolutions on a moratorium on the death penalty; and lobbying in relation to cases of people facing imminent execution. Likewise, we must bear in mind that Peru is one of the countries that has signed and made agreements in defense of human rights and against the death penalty. On the other hand, the Congress of the Republic of Peru has recently presented through a bill No. 3154 by the Popular Action bench, they seek to modify the Penal Code and sanction with PERPETUAL CHAIN and CIVIL DEATH authorities who "ROB THE PEOPLE" , especially in times of emergency. According to Congressman O tto Guibovich , states that this initiative would rest from the President of the Republic, Ministers of State, Regional Governors, Mayors, Legislators, to the high command of the Armed Forces and PNP.
9.- Finally, what scenario comes to us with the post covid19, the advent of the inflationary and recessive economic crisis to confront this criminal offense of money laundering.
We should note that l as criminal and terrorist organizations operate in a highly organized manner and accompanied by sophisticated technology with their own enrichment and expansion plans. Therefore, it is essential to face this threat in an equally organized manner and through a plan that orders state actions towards the desired purpose. On the other hand, it is essential to have a National Plan as a tool to organize the broad coordination effort at the inter-institutional level between various supervisory, intelligence, police, prosecutorial, and judicial authorities of government. The National Plan is a comprehensive guide that addresses the needs of legislative and regulatory reform, as well as the adequacy of resources and capacities of public institutions. Likewise, the dissemination of the pertinent regulations against Money Laundering and corruption in Latin American countries is essential to achieve greater effectiveness in the fight against criminal enterprise, beyond the repression of the crime itself considered and of simple criminal repression of the offender , since the action of the authorities against money laundering is of the greatest importance in the current environment, in which the policies against crime have been substantially modified. The financial sector receives and it channels a good part of the flow of capital from the economy, which makes it easier for money of illicit origin to be confused with resources of legal origin.
Even an emblematic case such as the one that has been taking place against those involved in the “Lava Jato” case, in Peru, does not present substantive advances in the Peruvian justice system, where the reasons for this may be the lack of adequate training taking into account the complexity of the investigations, and the absence of human and material resources of the investigation teams in charge of these cases. Likewise, given the recent proposal to create a Supreme Anti-Corruption Prosecutor's Office - which would know and coordinate investigations of crimes of corruption, money laundering and related crimes, and taking into account that there are currently specialized prosecution offices for corruption and money laundering, a doubt: should the crimes of money laundering under the jurisdiction of this Prosecutor's Office come only from crimes of corruption or could they come from other crimes, such as trafficking in persons, extortion, etc.? This should be clarified, since an inadequate distribution of powers could undermine state efforts to have a centralized, autonomous and coherent fight against money laundering.
This should not cause concern and alert, since the money generated by drug trafficking, illegal mining, human trafficking, corruption and other crimes would be entering the formal economy without any problem. Despite the great damage that this crime produces in society, there is a disproportion between the number of criminal proceedings and sanctions.
Regarding the question, we have the COVD 19 corruption pandemic. It has been a month since the covers of Latin American newspapers have been identical to those of the rest of the world. The statistics regarding Covid-19 make the headlines. However, the virus and its effects will be more harmful and lasting if they are complemented with the structural disease of CORRUPTION without due transparency and being able to work with integrity at normal times , which puts the effectiveness of all the measures that are at risk. take to control the pandemic and mitigate its social, economic and political impacts. The current situation carries several specific corruption risks and intensifies the usual ones. As an anti-corruption strategy in times of pandemic followed by money laundering taking into account all integrity components and actors from a systemic perspective that guarantees its implementation in all entities and levels of government, including key high-level areas, taking into account governments have to be competent and effective in tackling the crisis fail to do results by risks that go beyond immediate corrupt practices presented that involve confidence of citizens in their governments and democracies put into play.
In Peru, in one hundred days of quarantine, one billion soles was lost in the north of the country.
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