Examine critically the difficulties Indian authorities have in locating and returning illegal funds hidden in foreign jurisdictions and offshore tax havens, as well as the necessity of more international collaboration.
Model Answer Key Steps Taken by India: Expansion of AML/CFT Legislation: The Prevention of Money Laundering Act (PMLA), 2002, was expanded in May 2023 to cover a broader range of professionals and entities. This includes chartered accountants, company secretaries, and cost accountants, enhancing theRead more
Model Answer
Key Steps Taken by India:
- Expansion of AML/CFT Legislation:
- The Prevention of Money Laundering Act (PMLA), 2002, was expanded in May 2023 to cover a broader range of professionals and entities. This includes chartered accountants, company secretaries, and cost accountants, enhancing the scope of anti-money laundering (AML) and combating the financing of terrorism (CFT) measures. This change aligns with the FATF’s recommendation for a more inclusive approach to combating illicit financial flows.
- Strengthening Customer Due Diligence (CDD):
- India has made significant improvements in customer due diligence (CDD) processes, ensuring greater transparency in financial transactions. The introduction of Know Your Customer (KYC) and Know Your Business (KYB) norms now includes verification of the Goods and Services Tax (GST) number for entities before engaging in business, ensuring authenticity and accountability.
- Enhanced Supervision and Enforcement:
- The Securities and Exchange Board of India (SEBI) and the Reserve Bank of India (RBI) have taken steps to increase transparency and mitigate risks. For example, SEBI mandates Foreign Portfolio Investors (FPIs) to report structural changes within seven working days. Furthermore, the RBI has imposed restrictions on individuals from FATF non-compliant jurisdictions acquiring significant banking shareholdings.
Areas for Further Improvement:
- Inclusion of DNFBPs in Oversight:
- While the PMLA targets financial institutions, it does not yet cover Designated Non-Financial Businesses and Professions (DNFBPs), such as real estate agents and dealers in precious metals. Including DNFBPs in regulatory oversight is crucial for enhanced compliance with FATF standards.
- Terrorism Financing Monitoring:
- There is a need to improve monitoring and regulation of crowdfunding platforms and informal value transfer systems, as terrorist groups have increasingly used these methods to fund activities.
India’s efforts to comply with FATF recommendations reflect a strong commitment to addressing money laundering and terrorism financing but require continuous adaptation to evolving global standards and threats.
See less
The Indian authorities face significant challenges in tracking and repatriating illicit funds stashed in offshore tax havens and foreign jurisdictions. The key challenges and the need for strengthened international cooperation are as follows: Challenges Faced by Indian Authorities: Lack of TranspareRead more
The Indian authorities face significant challenges in tracking and repatriating illicit funds stashed in offshore tax havens and foreign jurisdictions. The key challenges and the need for strengthened international cooperation are as follows:
Challenges Faced by Indian Authorities:
Need for Strengthened International Cooperation:
Overcoming these challenges through strengthened international cooperation and coordinated efforts will be crucial for India to effectively tackle the issue of illicit funds stashed in offshore tax havens and foreign jurisdictions.
See less