bagher shamloo; Somaye Parhizkary
Abstract
As one of the main drivers of the economy, Non-Financial Businesses and Professions play an undeniable role in promoting financial and economic activities. However, the existence of some inherent features such as the breadth of activity and the lack of transparency in financial exchanges and transactions ...
Read More
As one of the main drivers of the economy, Non-Financial Businesses and Professions play an undeniable role in promoting financial and economic activities. However, the existence of some inherent features such as the breadth of activity and the lack of transparency in financial exchanges and transactions of some types of these businesses have caused them to become a cover and platform for committing crimes, especially money laundering. This, along with the governments' lack of correct and comprehensive understanding of the risk of committing crimes in these jobs, has turned them into an important challenge that requires attention at the legislative and structural levels. In this regard and considering the importance of taking effective measures to reduce the risks of this category of businesses, the Financial Action Task Force, as a transnational group, while identifying the types of Non-Financial Businesses and Professions, extended the anti-money laundering requirements to this category and asked governments to include preventive and countermeasures of the anti-money laundering system in their country. Undoubtedly, success in this matter requires the removal of legislative obstacles and also the improvement of governments at the structural level in order to implement the requirements. Thus, in this article, with a descriptive and analytical method and relying on reliable sources, the risks of money laundering in non-financial businesses will be examined and the challenges and solutions to solve them will be analyzed in the light of the recommendations of the Financial Action Task Force. The results of the research show that the ineffectiveness of the laws in the field of Non-Financial Businesses and Professions and the non-compliance of its trustees with the risk-based approach have brought challenges in the implementation of anti-money laundering requirements. Therefore, it is necessary to regulate Non-Financial Businesses and Professions and apply a risk-based approach in the implementation of regulations, through training to the custodians of this field. Also, creating an infrastructure based on new technologies, in a way that provides the basis for the effective implementation of requirements, appropriate to the nature of Non-Financial Businesses and Professions, will be effective in reducing the risk of money laundering.
Seyed Mohammad Mehdi Ghamami; mohammadreza alipoor
Abstract
As a new generation of financial technologies, cryptocurrencies have been the source of change in the world for several years, and governments face different challenges in organizing them. It seems that Iran, despite the high financial transactions in this regard, is one of the countries that has not ...
Read More
As a new generation of financial technologies, cryptocurrencies have been the source of change in the world for several years, and governments face different challenges in organizing them. It seems that Iran, despite the high financial transactions in this regard, is one of the countries that has not yet reached a precise and coherent decision to deal with this emerging phenomenon. On the other hand, the United States, as a country that has addressed this issue from different dimensions, has been considered by various researchers.Therefore, the authors' question in this article is "What is the legal nature of cryptocurrencies in the legal system of Iran and the United States and how to manage it in the national monetary-banking system?" In this article, with a descriptive-analytical method, an attempt has been made to study the documents, legal principles and laws and regulations related to cryptocurrencies in the Iranian and American legal systems, to examine how this phenomenon is regulated in the two mentioned systems.According to the achievements of this article, some cryptocurrencies are financial assets and some are money, which require different policies. On the other hand, the monetary-banking system must take the necessary measures to support the extractors of cryptocurrencies and to respect their rights in international currency transactions and exchanges, by observing certain requirements, including the prevention of money laundering.
aref khalili paji,; , AmirHassan niazpour
