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Panama and the US FATF "Gray List", Money Laundering and Anti-Laundering Operations and Agreements, Illicit "Black Money"


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Panama fights to shed tax haven image

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Posted 29/11/2019

Panama’s mission to the Financial Action Task Force (FATF) in  Paris to try to dispel images of the country as a tax haven, ended on Friday, November 29.

  The team headed by  The Minister of Economy and Finance (MEF), Héctor Alexander, closed the foray with a presentation to FATF executive secretary David Lewis, outlining the progress of the Panamanian Government in terms of stability and transparency to attract investments to the country.

Alexander said he is working with “the World Bank and the Banking Association of Panama. He also explained that in Panama the issues are reviewed weekly with a special follow-up work team. “Specific tasks were also being undertaken to address certain deficiencies detected in the implementation of anti-money laundering and anti-terrorist financing measures and thus avoid being blacklisted." said a FATF statement.

On Wednesday this week, Panama and France signed “a declaration of intentions regarding the creation of a working group on cooperation in fiscal transparency,” said a statement from the MEF.

 

https://www.newsroompanama.com/business/panama-fights-to-shed-tax-haven-image

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Legislative Endorsement for Anti-Money Laundering Law

The National Assembly of Panama approved in third debate the bill that creates the Superintendence of Non-Financial Subjects, and now the proposal only awaits the approval of the Executive.

Thursday, December 5, 2019

The bill, which was sent by the Executive Branch to be analyzed in extraordinary sessions and which seeks to establish the exclusive competence to regulate and supervise non-financial regulated entities administratively with the aim of preventing money laundering, the financing of terrorism and the proliferation of weapons of mass destruction, has already passed the procedure in the National Assembly.

The new Superintendence will have autonomy with legal personality, its own patrimony and administrative independence, and its structure includes a director, a deputy director and a Board of Directors made up of representatives from the governmental and private sectors.

The Assembly statement explains that "... the approved document regulates the career of public servants in the superintendence of non-financial subjects, as well as the sanctions that will be imposed on those who violate this law.
 
This entity, as provided in the bill, will coordinate with the Financial Analysis Unit to prevent money laundering, terrorism and the proliferation of weapons of mass destruction.
"

 

https://www.centralamericadata.com/en/article/main/Legislative_Endorsement_for_AntiMoney_Laundering_Law

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Panama suspends 381,000 corporations

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Alexjadro Rojas

Posted 23/12/2019

As part of the fight against money laundering, the Panama Government has ordered the suspension of 381,000 registered corporations for not complying with the requirements established by law sys  The Ministerial adviser of facilitation of private investment, José Alejandro Rojas.

Law 52 of 2016 empowers the Public Registry to suspend the corporate rights of legal persons (such as corporations) for remaining without designating a resident agent, for not paying the single fee for three years or for being delinquent in paying fines
 

https://www.newsroompanama.com/business/panama-suspends-381000-corporations

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Panama moves forward with beneficial owner register

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10 January 2020

Panama's National Assembly of Panama has approved a Bill that will create a register of beneficial owners of legal entities in the country at the centre of the biggest offshore scandal in history.

Under the Bill, resident agents will be required to file relevant information on all Panama-incorporated legal entities for which they are acting. All legal entities incorporated in Panama must appoint a Panamanian lawyer or law firm as their resident agent.

The jurisdiction's current beneficial ownership regime only requires resident agents to perform due-diligence on their client entities' ultimate beneficial owners. This information will now be collected on the register, under the control of the Superintendence of Non-Financial Institutions.

The Panama Papers investigation, led by the International Consortium of Investigative Journalists, provoked a global scandal in 2016 by revealing how certain rich and powerful figures use anonymous, offshore corporations to hide their money and evade tax.

In response, nations around the world pledged to shine a light on individuals who secretly control such corporations.

In June 2019, the global Financial Action Task Force (FATF) placed Panama back on its grey list of monitored countries, citing strategic anti-money laundering deficiencies, resulting in the Panamanian authorities agreeing to step up efforts to combat money laundering.

The new Bill requires resident agents to register with the Superintendence and submit the required information within 30 business days of the company being incorporated or of being appointed as its agent. A grandfathering clause grants resident agents of existing companies six months to register and obtain the required information. An agent that fails to do this will be required to re-sign as the entity's resident agent.

A legal entity whose resident agent has not registered with the Superintendence will be suspended from the Panamanian Public Registry, and will be removed after failing to file for two years.

The bill would sanction resident agents with fines from US$1,000 to US$5,000 for each legal entity whose information is not registered or updated in the beneficial owner register. For each day, the registration or update is not completed, the bill would impose progressive fines on 10% of the fine previously imposed, up to a maximum of six months. If false information is provided or filed in the beneficial owner register, the bill would impose additional sanctions, according to a report by EY.

 

https://www.internationalinvestment.net/news/4008946/panama-moves-forward-beneficial-owner-register

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Registration of Corporations Still Rising

In Panama, during the first eleven months of 2019, 12,763 corporations were registered in the country, 4% more than those reported in the same period of 2018.

Wednesday, January 29, 2020

The last report of the General Comptroller of the Republic details that between January and November 2018 and the same period in 2019, the number of corporations registered in the country increased from 12,272 to 12,763.

Regarding dissolved corporations, it reported a drop for the periods in question, from 6,935 in 2018 to 5,362 in 2019, which is equivalent to a reduction of 23%.

In the case of merged companies, there was also a decrease of 14%, from 300 in the first eleven months of 2018 to 258 in the same period this year.

See full statistics.

 

https://www.centralamericadata.com/en/article/main/Registration_of_Corporations_Still_Rising

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Endorsement to Final Beneficiary Registry

The Assembly of Panama approved in third debate the draft law that creates the private and unique system of registration of final beneficiaries of legal entities.

Friday, February 21, 2020

Chapter II of the document, on Registration of Resident Agents, stipulates that any lawyer or law firm providing professional services as a resident agent for one or more legal persons, constituted or registered in the country, must register and keep in force their registration with the Superintendency of Non-Financial Subjects, the Legislative Assembly informed.

The statement dated February 20, specifies that the regulations creating the private and unique system of registration of final beneficiaries of legal entities to prevent crimes of organized crime and that it perfects the laws of transparency endorsing the position of Panama to get out of the gray list.

"This legislation, which was objected to by the Executive in five of its articles, was approved in order to facilitate access to the final beneficiaries of legal persons obtained from lawyers or law firms, who provide services as resident agents, to prevent the crimes of money laundering, financing of terrorism and financing of the proliferation of weapons of mass destruction, in accordance with the laws of the Republic of Panama," the document explains.

 

https://www.centralamericadata.com/en/article/main/Endorsement_to_Final_Beneficiary_Registry

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Registration of Corporations up 5% in 2019

In Panama, 13,775 corporations were registered in the country during 2019, 4.6% more than those reported in 2018.

Friday, February 28, 2020

The most recent figures from the Office of the General Comptroller of the Republic detail that between 2018 and 2019, the number of corporations registered in the country grew by 4.6%, from 13,171 to 13,775.

Regarding dissolved corporations, it reported a drop for the years in question, from 7,760 in 2018 to 6,162 in 2019, equivalent to a reduction of 21%. In the case of merged companies, there was also a decrease of 15%, from 353 to 299.

Daisy Chacón, a lawyer specializing in money laundering prevention, told Laestrella.com.pa that despite "... all the sanctions imposed by the Financial Action Task Force (FATF), the European Union (EU) and the Organization for Economic Cooperation and Development (OECD), 'Panama is still the right choice for foreign investors in terms of asset protection and planning'."
 
See full statistics (in Spanish).

Source: laestrella.com.pa

 

https://www.centralamericadata.com/en/article/main/Registration_of_Corporations_up_5_in_2019

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Prosecutors seize  cars worth nearly $1 million from luxury mansion

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Posted 04/03/2020

Police and organized crime prosecutors   moved into The exclusive residential sector of Santa María, in Juan Díaz, on Tuesday morning, February 4, and searched  a mansion before seizing nine luxury  cars  valued at $987,320.51

According to the National Police Twitter account, the raid was related to an investigation of alleged money laundering by a citizen of Mexican nationality.

The seized cars were taken to the Public Prosecutor's Courtyards, where they should remain for the duration of the investigations in this case, which according to the authorities will bring more proceedings related to apprehension of assets in the coming days.

 

https://www.newsroompanama.com/news/prosecutors-seize-cars-worth-nearly-1-million-from-luxury-mansion

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  • Moderator_02 changed the title to Panama versus the FATF "Gray List", Money Laundering and Anti-Laundering Operations, Illicit "Black Money"
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Panama and US sign money laundering  task force agreement

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Posted 14/08/2020

Panama and the United States signed a memorandum of understanding on Friday, August 14 to create a working team both countries against money laundering and corruption.

The two  countries agreed to work together to carry out investigations on money laundering and corruption, not related to drug trafficking, supporting

"This agreement will allow the support of the Panamanian authorities in the identification of the sources of financing of terrorism and other crimes derived from money laundering," said a statement from Panama's  Ministry of Security of Panama.

As part of the agreement, the United States government will provide the task force with certain equipment, resources, training, and specialized knowledge in the field to help fulfill its mission.

The Judicial Investigation Directorate, the Public Ministry, the Financial Analysis Unit, the General Directorate of Revenues, and the Superintendency of Banks of Panama are part of the working group.

“The government of Panama advances a national agenda that entails a commitment to transparency,

the fight against corruption, with the strengthening of our institutions and the effective application of our laws against money laundering and the fight against the financing of terrorism, with the objective of updating our economic and financial system in order to continue promoting foreign investment and consolidate ourselves as the most important financial center in Latin America ”, the statement concludes.

 

https://www.newsroompanama.com/business/panama-and-us-sign-money-laundering-task-force-agreement

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  • Moderator_02 changed the title to Panama and the US FATF "Gray List", Money Laundering and Anti-Laundering Operations and Agreements, Illicit "Black Money"
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OPINION: New Hope with US-Panama Anti-corrution accord

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Posted 18/08/2020

The United States and Panama have formed a Task Force against money laundering and corruption. The effort seeks to train and advise prosecutors, investigators, regulators, and other key actors to improve the response in the fight against two very serious crimes. With the help of the Federal Bureau of Investigation (FBI), Panama has an opportunity to change the trajectory of criminal justice and financial oversight for the better.

Although these measures are aimed at fulfilling the commitments with the Financial Action Task Force, the big winners will be Panamanians. Bribes to obtain public contracts, the concealment of dirty money, and the existence of organized networks that facilitate these behaviors are the enemy that the Task Force seeks to combat.

 This initiative strengthens our sovereignty against organized crime and drug trafficking. Only in this way will we avoid the rocky path of a failed state. The corrupt political class, judges and prosecutors must understand that the times of impunity are over. It is time for a system that guarantees the certainty of punishment. Whoever that strikes. LA PRENSA, Aug, 18

 

https://www.newsroompanama.com/opinion/opinion-new-hope-with-us-panama-anti-corrution-accord

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Toxic transaction probes label vPanama  “high risk jurisdiction”

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Posted 21/09/2020

Billions of dollars of toxic transactions passed through several of the world's leading banks for individuals and companies targeted for massive looting of public funds, ignoring measures to combat money laundering with impunity says the US Treasury.

More than 2,100 reports of suspicious activities of banks and financial are revealed by  the Financial Crimes Enforcement Network (FinCen) which labels Panama a “high-risk jurisdiction”

The agency analyzes financial transaction information to fight crimes, such as fraud, money laundering and the financing of terrorism.

The documents, prepared by financial entities in the United States that provide the intermediation service for financial institutions around the world in the event of potentially suspicious activities, were analyzed for 16 months by about 400 journalists from about 110 media outlets in 88 countries, the product of a leak. obtained by BuzzFeed News, and shared with the International Consortium of Investigative Journalists (ICIJ), based in the United States.

The international journalistic investigation - known as FinCen Files - shows, exclusively, the opacity with which some international banking systems are handled, the existence of anonymous clients and elements of conviction of alleged financial crimes, and that, despite the fines imposed, many banks play a fundamental role in the movement of money resulting from political corruption and organized crime.

Because of  anonymous banking clients, several FinCen reports on suspicious activities (SAR,) describe Panama as a "high-risk jurisdiction for money laundering and financial crimes." In the reports, there are red alerts for suspicious banking transactions in the local bank. They also warn that it is common in Panamanian entities that the final beneficiaries of the money are unknown.

For example, the Bank of New York (BNY) reveals in a report to FinCen 986 suspicious transactions: “Many of the transfers were sent from, through or to jurisdictions that have been determined as having a high risk of money laundering. and other financial crimes, such as Panama, Latvia, Ukraine, Cyprus, Marshall Islands, British Virgin Islands (BVI) and  Russia”, a description that is repeated in other SARs that also highlight, for example, the existence of companies created by the defunct firm Panamanian law firm Mossack Fonseca.

In the leaked documents, in addition to describing the Panamanian jurisdiction as “risky”, mentions are made of companies linked to the Waked family, which have been the subject of local and foreign publications in the recent past.

In addition, suspicious reports were found from a transnational with operations in Panama. reports La Prensa  which is still probing.

 

https://www.newsroompanama.com/business/toxic-transaction-probes-label-vpanama-high-risk-jurisdiction

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Panama fingered in US  Treasury laundering  revelations

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Posted 22/09/2020

Buzzfeed News has expanded coverage of tthe FinCEN Files investigation —based, in part, on thousands of secret US Treasury Department documents and in revelations of the activities of HSBC  points another finger at Panama.

After an earlier massive fine imposed on HSBC and a monitoring agreement “The inside tale of what happened at HSBC, told here for the first time, underscores how toothless deferred prosecution agreements really are” says Buzzfeed.

“The records show that the bank continued to do business with companies that its own employees raised red flags about.

“Vida Panamá, owned by Panama’s powerful Waked family, used the bank to exchange $292 million in suspicious transactions before the Treasury Department declared it a money-laundering organization that washed funds for narco kingpins. An attorney for the family, Yasser Williams, told BuzzFeed News the business was legitimate, and the Wakeds plan to fight Treasury’s designation.

A Turkish financial consultant made 124 suspicious transactions in 2015 and 2016, including a wire transfer to a California electronics company accused by the Justice Department of laundering cash for the Norte del Valle drug cartel. The California company did not respond to a detailed message.

And the bank flouted Treasury Department guidelines by doing business with financial institutions in Transnistria, a breakaway republic in Moldova known as a haven for financial crime.

 

https://www.newsroompanama.com/business/panama-fingered-in-us-treasury-laundering-revelations-1

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Moderator comment: The below news article is one example of money laundering activity that causes the FATF to continue watching Panama.

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Chavismo INC.: 30 mil millones de dólares estarían relacionados con operaciones de lavado de dinero

Por CONNECTAS
22 sep 2020 - 02:30 PM

https://www.prensa.com/mundo/chavismo-inc/

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Moderator comment: The below news article is another example of money laundering activity that causes the FATF to continue watching Panama.

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Panamá, ‘jurisdicción de riesgo’, según bancos de Estados Unidos

Mary Triny Zea
20 sep 2020 - 02:55 PM

https://www.prensa.com/economia/panama-jurisdiccion-de-riesgo-segun-bancos-de-estados-unidos

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Panamá, el ‘hub’ del chavismo

Por CONNECTAS

https://www.prensa.com/mundo/panama-el-hub-del-chavismo/

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Panama up against a grey wall

Posted 05/05/2021

Panama is part of a community: the international one, which has its own rules and is governed by norms that Panama does not necessarily share. If our country decides - by action or omission - that it is not willing to comply with these standards, then Panama is isolated from the rest of the countries with which it does business and maintains other types of relationships. That is, it is separated and enters the so-called grey or blacklists. To regain its privileges as a member of the international community, Panama must compromise and abide by its rules or simply live isolated from the rest of the world. Panama decided on the former: it promised to comply but has not done so and the country has returned to a grey list, since it has been unable to make a recommendation: offshore, and that the competent authorities may have access to this information to monitor money laundering and terrorist financing. As is customary in Panama, promises - even the law - are broken, and that has us up against the wall, and we will continue to do so if the Government continues with this looseness. - LA PRENSA, May 5

 

https://www.newsroompanama.com/opinion/panama-up-against-a-grey-wall

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Panama stays on money laundering gray list

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Posted 25/06/2021

Panama remains on the gray list of the Financial Action Task Force (FATF), which identifies countries with deficiencies in their regimes for the prevention of money laundering and terrorist financing.

The update came on Friday, June 25, at the end of the second annual plenary meeting of the international organization.

When Panama entered the sanctioning list in June 2019, the country committed to the execution of an action plan to address the deficiencies detected.

This action plan consists of 15 points, of which 5 are fully met and 10 are partially met. The times originally agreed to complete the plan have already expired, confirmed the FATF. the Ministry of Economy and Finance (MEF),  the entity that coordinates the strategy to strengthen the money laundering prevention regime and with regard to sanctioning lists, they have stressed that there is a sense of urgency to get out of the gray list, although there are no new specific deadlines for completing the plan.

The MEF recalled that "the FATF assesses countries based on their regulatory and institutional framework, as well as the effectiveness of their application." To improve Panama's position and the effectiveness of the legal framework, the MEF “has presented various legal modifications in order to optimize the domestic regulatory framework and ensure effective compliance with the anti-money laundering regime, against the financing of terrorism and proliferation of weapons of mass destruction, "said the entity in a statement.

The next FATF plenary meeting is scheduled for October.

 

https://www.newsroompanama.com/business/panama-stays-on-money-laundering-gray-list

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Panama AG meets with FBI and US Laundering prosecutors

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Posted 23/07/2021

Panama’s acting attorney general, Javier Caraballo, met on Thursday, July 22, with a delegation from the FBI    and prosecutors from the US Department of Justice.

The US Department of Justice was represented by the Hearing Prosecutor of the Money Laundering and Asset Recovery Section, Michael Redmann, and the Hearing Prosecutor of the Fraud Section, Michel Culhane Harper.

No further details were provided of the meeting held in the office of Caraballo, who took office as attorney general of the Nation in charge on March 1, but it comes at a time when the US is seeking the extradition from Guatemala of Ricardo Martinelli’s two sons to face Money Laundering charges linked to a former “high official” during Martinelli’s term as president.

 

https://www.newsroompanama.com/news/panama-ag-meets-with-fbi-and-us-laundering-prosecutors

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Lagging Panama has to rush to avoid money laundering black list

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The third annual FATF plenary was held in Paris.

Posted 22/10/2021

The Financial Action Task Force (FATF) has urged Panama to play catch-up, by February 2022, the action plan agreed to address deficiencies in the prevention of money laundering to avoid being added to the organization’s black list.

Marcus Pleyer, president of the FATF, said that they are very concerned about the pace of progress that Panama has had in the action plan.

agreed between the international organization and the Panamanian government in 2019, when the country entered the gray list, and contains 15 items or actions to address the deficiencies detected in the regime for the prevention of money laundering and terrorist financing.

In the previous plenary, held in June, Panama had amply fulfilled five points of the plan and, in the new evaluation, the number rose to seven. Therefore, there are still eight pending points.

Pleyer recalled that all the originally agreed times had expired in January of this year.

The FATF stressed thsense of urgency to advance the action plan and set February 2022 as the deadline. “If there is not enough progress, the FATF will consider next steps, which could include placing the country on our list of high-risk jurisdictions. , the so-called black list ”, said Pleyer, in the press conference after the plenary session.

Panama remains on the gray list along with 22 other jurisdictions. Jordan, Mali, and Turkey join this relationship, and Botswana and Mauritius leave it. Only Iran and North Korea are on the blacklist.

Carlos Barsallo, president of the Panamanian Chapter of Transparency International, said that the consequences of an eventual entry into the black list would be "very negative." He said that the effects will be directly related to the attitude taken by the Financial Crime Control Network (FinCEN), an office of the United States Department of the Treasury that has the attributions of an intelligence unit.

A FinCEN warning to banks would complicate the correspondent relationships of Panamanian banks, as much stricter due diligence measures would be required, which implies higher expenses. Then, correspondent banks would have to assess the cost-benefit relationship of maintaining that linkage. “It is a scenario that cannot be considered as having to arrive. It is unthinkable to be on a list with those two dance partners, "he said.

Julio Aguirre, financial consultant and expert in the prevention of money laundering, said that in the event of falling on the black list, all types of international transactions will be more difficult to handle, not only for banks but for any type of company. "The country has to unite flatly because we cannot allow that to happen," he warned.

Among the pending tasks identified by FATF is a better understanding of the risks of money laundering and terrorist financing of legal entities; ensuring effective, proportional, and dissuasive sanctions against violations of the money laundering regime; guaranteeing an adequate verification of updated information of the final beneficiaries by the obligated subjects and the timely access of the competent authorities, establishing effective mechanisms to monitor the activities of offshore entities, and demonstrate the capacity to investigate and process money laundering linked to crimes prosecutors abroad and provide constructive and timely international cooperation in relation to such crimes.

 

https://www.newsroompanama.com/news/lagging-panama-has-to-rush-to-avoid-money-laundering-black-list

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FBI provided data leading to laundering bust

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Posted 15/04/2022

Judge Wilber Castillo ordered the detention of four people allegedly involved in a money-laundering organization, which operated from Chiriquí and with possible links to an organization that was dismantled in Costa Rica.

While three other people were ordered to be notified periodically before a court and prevented from leaving the country.

The group made up of five men and two women were brought before the judge on Thursday, April 14, at a hearing requested by the Specialized Prosecutor's Office against Organized Crime in the province of Chiriquí.

The suspects were apprehended in the early hours of April 12 through multiple raids carried out in the districts of Boquete and David, where cash, high-end vehicles and firearms were seized.

A 48-hectare farm valued at $450,000 was also seized. There was a herd of 50 cattle on the property.

Three r Costa Rican citizens apprehended in the action were deported to Costa Rica since they were requested by the Judicial Investigation Agency because they belonged to an alleged money laundering network.

Prosecutor Antonio Nicolau Nicolau explained that this group is allegedly linked to the head of an organization that was defragmented in Costa Rica.

He revealed that this investigation was carried out with the support of the Federal Bureau of Investigation, which in August 2021 provided data on the case.

https://www.newsroompanama.com/news/fbi-provided-data-leading-to-laundering-bust

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Panama remains on money laundering gray list

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Posted 17/06/2022

The plenary session of the  Financial Action Task Force (FATF)  in Berlin on Friday, June 17 kept Panama on the list of jurisdictions with extended monitoring, known as the gray list.

The president of the FATF, the German Marcus Pleyer, said in a press conference that Panama fully complies with 11 of the 15 points of the action plan and that therefore there is work to be done to address the deficiencies detected in the prevention of money laundering. In the March plenary, the country had 8 points fully met.

Pleyer recalled that all the execution times of the action plan have expired – they did so in January 2021 – and urged the Panamanian authorities to quickly address the existing deficiencies. The next FATF plenary will be in Paris in October. The agency urged the country to complete the action plan by that date.

Panama entered the FATF gray list in June 2019, specifically due to the lack of effectiveness in preventing money laundering.

In plenary, the FATF decided to remove Malta from the gray list and approved an on-site visit to Pakistan after completing its action plan. Gibraltar, for its part, was included in the list.

https://www.newsroompanama.com/news/panama-remains-on-money-laundering-gray-list

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Panama leaves the FATF’s gray list

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SATURDAY, OCTOBER 28TH, 2023

The FATF excluded Panama from its gray list at the plenary meeting of organization, held in Paris and concluded that Panama has strengthened its system of prevention of money laundering.

The original article in Spanish is HERE

https://panamaadvisoryinternationalgroup.com/blog/panama-leaves-the-fatfs-gray-list/

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