This is the advertisement that Fusades has made in a legal analysis of the medida tomada by the Superintendence of the Financial System (SSF)
A small evaluation could have entered the country in the commonly called “black international lists”, which means that a country or territory has a high risk of delinquency related to the level of money and the financing of terrorism, which is doubly difficult type of financial transactions; for example, the financing of international organizations, but also the international financial relations of private companies “, advised Fusades in a legal analysis on the risks of the order that the Superintendency of the Financial System (SSF) of the people of sos money laundering.
On December 9, 2020, the SSF sent a circular instructing commercial banks not to terminate contractual relations with a customer (bank accounts) until this person has been investigated or associated with the bank. money laundering offense through periodic notes.
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“A commercial relationship motivated by the mention of a client, society or association through a massive communication medium or the existence of an information requirement realized by a competent authority only on the quality of the Quality of Political Exposition” the document.
Agrega that “no terminations of a commercial relationship can be made that make a decision on the presumption of guilt”.
In the legal analysis, the SSF signals that it has announced that it will finalize commercial banking transactions with customers, companies or associates through process communications in media and related activities to those who read them together and read them together. Banks claim that this is affecting their commercial reputation and consequently could be subject to sanction by the authorities.
Earlier, Fusades signaled that “the instructions of the SSF entities, by a lad, affect the risk based on risk, but by the way, the information requirements that are contained and that are normally reported to the UIF (Financial Investigation Unit), can affect the centralized character of this, which is an international standard ”.
Fusades also consider that “vuelven more laxos some controls, as the restrictions for which the obligatory entities may require only information and superstitions”.
In the first semester of 2022, El Salvador will be evaluated by the Caribbean Financial Action Group (GAFIC), the regional organization of GAFI (International Financial Action Group), which Fusades advises that the media instructed by the government, a Travels of the Superintendence, “can provoke a poor classification, which will have negative consequences for the country”, as it enters the “black list” of huge countries for the money laundering.
According to the analysis of the Department of Legal Studies of Fusades, we can also take negative consequences in the face of corruption and the level of assets, then the incompleteness of international standing can exclude the country of the Egmont Interconnection Interconnection Center. Financial Investigation Units of the States, at the end of the day coordinated against the level of assets and financing of terrorism, as well as, hecho, okurrió with the suspension of peace for a lapse in 2018.
In addition, it is certain that the instructions may be questioned as to their legality and constitutionality, since they are contrary to Art. 1,195 of the Code of Commerce, which establishes that the banks may, by concluding the deposit in a current account, give notice to the depositor.
“The application of the instructions by the limited SSF, without legal support, is the fundamental right to free contract in which to refer to the current accounts”, question Fusades.
Asimismo, signaled that the instructions of the Superintendence can affect the principle of legality of the Public Administration, can have faculties for this, dejan sin effect 2 ° of the special provision of Article 9 of the Instructive of the Uniadad de Investig del Lavado de Dinero y Financiamiento al Terrorismo, issued by the FGR, institution with constitutional autonomy and faculties to issue dicho instructive.
“More so if the provision is legally correct or not, I would like to point out that SSF has no facilities to deal with its effects,” Fusades said.
At the moment, he was consulted by the current media Gustavo Villatoro, head of the SSF, justifying that the instruction should not protect anyone from corruption or money laundering, but we should be more careful in justice to be able to catch up time the money that the powder converges on a person investigated.
“When fiscals are forced to coerce the accounts, there are no accounts and there is no money because the bank has closed them,” said Villatoro, who also signaled that the meditation would allow a mayor to go bankrupt.