The use of Tax Havens in Money Laundering

Authors

DOI:

https://doi.org/10.14393/RFADIR-v49n2a2021-58600

Keywords:

Economic law, Globalization, Investigations, Tax Heaven, Money Laudering

Abstract

This study aims to deal with the use of tax havens for the practice of the crime of money laundering. It works, initially, with the definition of tax havens, their characteristics, reduced taxation, debureaucratization from the corporate, banking and strategic point of view and the high degree of bank secrecy in the financial operations developed there. Next, we study the Brazilian regulation on the subject in the light of Normative Instruction No. 1037/2010, with an explanation of the main nomenclatures used, the International Anti-Laundering System and role of FATF and OECD in the fight against tax havens, and then analyze how tax havens are used for money laundering, with the opening of offshore and resource transactions with little control. Using the hypothetical-deductive method and case study, aiming at how to effectively combat money laundering in tax havens and that international pressure is fundamental for such jurisdictions to adopt a more collaborative stance in international legal cooperation to investigate these crimes, obtaining greater effectiveness in the discovery of money laundering in these jurisdictions.

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Author Biography

Diogo Castor de Mattos, PUCPR

Doutorando em direito econômico da PUCPR. Mestre em função política do Direito pela Universidade Estadual do Norte do Paraná (UENP). Graduação em Direito pela PUCPR. Foi procurador federal da Advocacia Geral da União (2011-2012) e promotor de justiça do Ministério Público do Paraná (2012-2013). Atualmente, é procurador da República em Jacarezinho/PR.

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Published

2022-05-17

How to Cite

Castor de Mattos, D. (2022). The use of Tax Havens in Money Laundering. Journal of the Faculty of Law of the Federal University of Uberlândia, 49(2), 451–471. https://doi.org/10.14393/RFADIR-v49n2a2021-58600

Issue

Vol. 49 No. 2 (2021): Revista da Faculdade de Direito da Universidade Federal de Uberlândia

Section

Articles

License

Copyright (c) 2021 Journal of the Faculty of Law of the Federal University of Uberlândia

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