Most Frequently Asked Questions About Money Laundering(Hawala) in UAE
Money laundering or Hawala in UAE is the common term used to refer to the method by which offenders disguise the source of money. Possession of the proceeds of criminal actions is hidden by making such profits seem to derive from a valid source. The procedures by which criminally derived property could be laundered are wide-ranging.
The character of the products and services provided by the financial services sector (specifically, handling, controlling and having cash and property belonging to others) means that the sector is exposed to abuse by money launderers. Money laundering offenses have similar features worldwide. You’ll find two essential components of a money laundering offense:
- The mandatory action of money laundering itself, i.e., the supply of financial services; and
- A necessary level of knowledge or intuition (either subjective or objective) relating to the supply of the funds or the actions of a client.
The action of laundering or hawala is committed in circumstances in which you were engaged in an arrangement (i.e., by supplying a service or merchandise), and that arrangement calls for the proceeds of crime.
Here are Frequently Asked Questions About Money Laundering in UAE:
What is the purpose of money laundering/Hawala?
The purpose of money laundering is to get cash easily, no sweat and no hard work required. Instead of earning money in a legal way, the individual can twist the story and avoid the establishment with easy-flowing cash and no tax payment.
Are offenses effective at predicting money laundering?
Usually, differences involving the definitions can be summarized as follows:
- Differences in the level of severity of the offense regarded as adequate to predicate an offense of money laundering. For example, in certain authorities, it’s understood that money laundering is an offense that could be punishable by one or more years of incarceration. In other authorities, the mandatory punishment could be three to five years of incarceration; or
- The solution is determined by the meaning of the offense included inside the money laundering laws of a special authority.
- Other financial offenses, as well as tax evasion, are treated by all the world’s most efficiently controlled authorities as predicate money laundering offenses.
Exactly why is money laundering prohibited in UAE, Dubai, Abu Dhabi and Sharjah?
The aim of money laundering is to profit from crime. The justification for the development of the offense is that it’s wrong for people and organizations to help offenders reap the benefits of the profits of an unlawful act or to facilitate the commission of such offenses by giving them financial services.
The procedures are wide-ranging. An individual or business deals with a variety of transactions, most involving earnings that were not laundered.
Money laundering in UAE is considered a procedure which occurs in three distinct phases.
- The substantive phase of the procedure, when the property is ‘washed’ and its possession and source is disguised.
- Integration, the final stage, where the ‘laundered’ property is reintroduced to the legitimate market.
- The truth is that the so-called phases often overlap; sometimes (for example, in instances of financial crimes), there isn’t any need for the profits of the crime to be ‘set’.
In the simplest terms, money laundering requires the transport of cash obtained from unlawful action into “legitimate” routes to disguise its illegal sources. In accordance with national law, money laundering happens when someone tries to hide or disguise the source, the place, the nature, the possession or the management of the proceeds of the unlawful action.
The cause of money laundering may appear clear: to conceal the source of cash. Those engaged in unlawful actions immediately become knowledgeable about either using misdirection regarding money’s source or concealing their real income and wealth. Obviously, flagging this as the supply of income will probably result in an instant investigation of the individual’s actions, but there’s a means to lawfully maintain it if one has made money!
Money laundering in UAE can range from straightforward to sophisticated strategies.
Structuring: To structure would be to take smaller sums of cash and deposit those, then buy bearer instruments, including money orders.
Smuggling: Smuggling cash into another authority, generally foreign, and depositing it in an offshore bank that has greater secrecy or less stringent enforcement of money laundering.
Cash-intensive companies: A company usually involved in receiving cash uses its accounts to deposit criminally and validly derived cash, maintaining it all as valid gains. As such, the company does not have any variable costs, so it’s difficult to find sales-price disparities. Examples are parking casinos, strip clubs, tanning beds, or buildings.
Commerce-established laundering: Under- or overvaluing invoices to disguise the movement of cash.
Shell businesses and trusts: Shell businesses and trusts disguise the real owner of the cash. Corporate vehicles as well as trusts, with respect to authority, need not reveal their true owners.
Bank capture: Offenders or money launderers purchase a controlling interest in a financial institution, usually in a foreign authority with money laundering controls that are poor, and transfer money through the bank without examination.
Casinos: A person purchases processors and walks right into a casino with cash, plays for some time, then cashes in the chips, requiring payment. The money launderer subsequently deposits the check into a bank account, maintaining it as gaming winnings.
Real estate: Real estate may be purchased by someone using profits that are illegal; the person then sells the house. Profits from your sale look to outsiders like income that is valid. Instead, the cost of the property is falsified; the seller agrees to your contract that underrepresents the worth of the house, and receives criminal profits to make up for the difference.
What is the Punishment for Money Laundering in UAE?
Money laundering in UAE is a crime due to its international importance; it’s really a combination of international and national law. The components of the offense of money laundering are usually:
- intentionally participating in a monetary trade
- with the profits of a crime
- for the purpose of concealing or disguising the illegal origin of the property from authorities
It is an extremely serious violation. In the event that you or somebody you know is accused of money laundering, you need to seek legal counsel immediately. By hiring a lawyer, you will be set in a perfect place to minimize the effect of any resulting criminal sanctions or to fight these charges.
- Generally, each of the punishments is more rigorous than under the Former AML Law.
- Failure to report a Suspect Transaction will be punishable by incarceration or a fine of between 300,000 AED and 50,000 AED.
- Tipping a man who is inquiring about a Suspect Transaction will be punishable by incarceration of up to a year or a fine of between 100,000 AED and 10,000 AED.
- Violation of the demands of Airport Resolutions will be punishable by a fine or incarceration.
- Unlike the Former AML Law, the New AML Law controls the Funding of Unlawful Organizations, the Funding of Terrorism or the confiscation of the profits of money laundering.
The New AML Law has more severe punishments with the goal of fighting Money Laundering in UAE.
In addition, the law addresses the Funding of Unlawful Organizations, which takes a step forward, as money laundering is usually linked to the Funding of Terrorism or Unlawful Organizations as well as the Funding of Terrorism.
The initiative of the UAE legislator suggests that financial crimes shall not be tolerated by the UAE and stresses that the UAE does not wish to be considered a safe haven for perpetrators of money laundering.
DISCLAIMER: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific or legal advice on the information provided and related topics, please contact us.
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