The federal law for the prevention and identification of operations with resources of illicit origin
Introduction
This new law, for the purpose of protecting the Mexican financial system, and the economy of our country, and seeks to establish controls and procedures to achieve stop and undermine the financial structures of organized crime organizations, which we know as "Cartels", weakening These financial structures, automatically as in any company, if the administrative part fails, the operational part will not be able to continue, or it will have major deficiencies, and it seems to me that this is what this law seeks, or at least that is what it states in the same as its object.
Background
In the 1920s, at the time of the gangsters, in some cities such as Chicago, criminal groups, or mafias, they owned alcohol businesses, which we know is very lucrative, but in the United States in these years the sale had been prohibited, manufacture and transportation of alcohol, and this period was called dry law; Reason why not any businessman like today could have this type of business, and this was totally clandestine, at this time, these mafias that not only had alcohol businesses, but also many other illegal activities that were made of clandestine way, gambling, alcohol, prostitution, and this generated large amounts of cash, which they could not get to the bank and deposit, just as today we cannot get to the bank and deposit 500 thousand pesos in cash,looking for a way to enter many hundreds of thousands of dollars into the banking system, it occurred to them to do it through businesses that received cash, and they started buying a chain of laundries, and this chain grew, and later they did the same acquiring other businesses to launder money, but as a result of what they started through many laundries, from this it was called money laundering, to the cleaning of money through these strategies, to get large amounts of money into the banks cash.and later they did the same by acquiring other businesses to launder money, but as a result of what they started through many laundries, from this it was called money laundering, to the cleaning of money through these strategies, to gain entry to banks large amounts of cash.and later they did the same by acquiring other businesses to launder money, but as a result of what they started through many laundries, from this it was called money laundering, to the cleaning of money through these strategies, to gain entry to banks large amounts of cash.
Development
This law aims to protect the financial system in our country, trying to detect operations that come from criminal organizations, which, as all Mexicans have seen in the last 5 years, have affected our country so much, putting other countries on alert., so that they do not come to Mexico since it is a very dangerous place, where you can be a victim of the abuse of the famous Cartel del narco. And unfortunately this is true, and not only have they affected us economically, with the decrease in tourism for example, but also directly affecting citizens with the famous land rights, businesses of merchants, micro, small, medium and big, these extortions is very sad that it happens in our country, and if that is not enough, the kidnapping continues,If this law helped to take care of not only the country's economy, but also the integrity of its citizens, each time it seems that it becomes very positive for Mexico.
The initiative of law presented by the Executive Power of our country, was very punctual in certain main reasons for the importance of this law, some of them spoke about international cooperation in the identification of operations with money that comes from crime. And although the battle with weapons is true, we still do not know how it will end, it seems to me the right thing for the Government of Mexico to do, now also seek to defeat crime economically, theoretically this seems very sensible, and very necessary, since as The executive mentions all the crimes that organized crime commits, most of them have the purpose of obtaining economic resources, and these resources are the gasoline of the Cartels.
The new federal law tells us about the different financial activities that can be carried out, some activities are called vulnerable by the law, and what refers to vulnerable activities is any activity, operation, or service that is carried out with money, and these activities are specified in the law.
The law tells us that any natural or legal person, who performs any of the vulnerable activities that the law indicates, will be obliged to an "Identification" of their clients, with an official identification, requesting a copy, this client identification will not be to all customers, of course, it will be subject to exceeding certain amounts already established; And if the activities or operations exceed the even higher amounts, established for each activity, not only will the identification of the client be necessary, but also the recipient of the money, will have to give a so-called "Notice" to the Secretary of Finance and Credit Public, this notice will contain the customer's personal information.
In addition to vulnerable activities, the law tells us about prohibited activities, and it tells us that the natural or moral person who carries out operations with coins or bills, whether national or international, or with precious metals, will be prohibited from buying sales of:
- Real property, constitution or transfer of real rights New or used vehicles, whether air, sea or land Watches or jewelry, precious metals, precious stones, works of art Tickets for raffles, raffles, bets, and prize payments Armor services for vehicles, either air, maritime or land Company shares or company actions
For all these prohibitions, the law gives us the amounts that must be exceeded, so that these operations become prohibited.
The penalties for not obeying everything we saw about the identifications, notices, and prohibitions, in the fines can reach up to sixty-five thousand days of minimum wage, we are talking of more than three million nine hundred thousand pesos, and the prison up to the 10 years.
Conclusions
With all this we can see a new law, which theoretically has very positive objectives for our country, based on the issue of money laundering, and like all Mexicans in this country, I would like this new law, and each of its articles really catch, audit and prosecute criminals, since unfortunately the creation of laws and reforms has gone by, who are being affected day by day, have been the citizens, but only the middle and lower class, and this new law could affect more the middle class, small businesses, and micro, small and medium-sized companies,because this law with all its requirements also requires training of all people who have to request this information and who have to deliver these notices to the Secretary of Finance and Public Credit and at the beginning may not have adequate training for all their employees, equally The SHCP must be aware of this issue, and provide all the necessary elements for the proper functioning of the new financial processes.
Hopefully and so, and not that the middle class is squeezed and sanctioned, and the upper class, criminals and the same corrupt politicians who launder a lot of money, achieve the impunity that has always existed in our country, will remain to be seen as They will develop the new processes of the new Federal Law.
References
- Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin (UNIÓN, 2012).General Directorate Of Documentation, Information and Analysis Services (DEPUTIES, 2013).
