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MONTT GROUP MAGAZINE - 2024
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terrorist Financing threat: As of the date of this study, no specific facts have been identified that link or have linked cooperative entities or their operations with domestic or international acts of terrorism (ATE), the level perceived by this threat is low.
There is a variety of LaWs appLicabLe to LegaL entities, hoWever, they are not unified in a singLe LegaL body that determines the form of their creation, registration, supervision, sanction and basic issues for maintain controL of them.
threat of Money Laundering and precedent crimes:
The scenario is different in relation to events related to money laundering and its precedent crimes, since there are antecedents of cooperative entities that were violated by criminal organizations and self-launderers to place and stratify funds from drug trafficking. fraud, smuggling, tax evasion and corruption. There are also large-scale agricultural and livestock production activities that are financed in part by the funds of cooperatives specialized in the field, which have had events related to events associated with asset laundering and precedent crimes. Based on what was analyzed, the threat level for money laundering and predicate crimes is medium.
4. Entities with Public Purposes
Regarding legal entities with public purposes (whether for profit or not), for the purposes of the study, five types have been identified that would be included in it. Below they describe the money laundering and terrorist financing threats detected for this group.
Threat of terrorist financing: From the analysis carried out on this group of legal entities (regardless of whether or not they have a lucrative purpose), it is observed that both state entities and those with a mixed economy, it is perceived that the level of threat for financing events of terrorism is low, since to date no links of operations, authorities or their representatives, directors or private shareholders with terrorist organizations or individual terrorists, both national and international, have been identified.
threat of Money Laundering and precedent crimes:
Regarding the analysis of threats of money laundering and precedent crimes, taking into account a period of five years and even more, the existence of information from open and closed sources (ROS) is observed. , www.MONTTGROUP.cOM
intelligence information and similar), investigations and even convictions primarily associated with acts of corruption (bribery, bribery, illicit enrichment, breach of trust, over-invoicing of input purchases, influence peddling, and other figures depending on the conduct deployed) that have as an actor to purely state public entities, which is why the threat level with respect to this type of legal entity is medium high for the preceding crimes, or for the generation of illicit funds or assets resulting from acts of corruption. In this sense, it is worth clarifying that the casuistry has shown that this type of legal entity has been violated or improperly used by the natural persons who manage them or have control over them, that is, their highest authorities (ministers, presidents , directors and in general officials with decision-making level rank). On the other hand, it has been observed that there are cases of public bidding and contracting in which there could be fraud or acts of corruption, both public and private, showing that not only the natural persons who control the
state entities are responsible, but also natural persons that control entities belonging to the pj classification for profit, whether commercial, industrial, service or investment (specifically, public limited companies are the type of pj that have been linked to the most of these cases). With respect to state-owned and mixed economy companies, it is concluded that the threat level of crime and precedent crimes is medium-high.
analysis of vulnerabilities of Legal entities in paraguay
According to the analysis carried out, it is concluded that the group of for-profit legal entities, whether commercial, industrial, services or investment, would have the following vulnerabilities:
a. Legislation
As mentioned in the corresponding section, there is a variety of laws applicable to legal entities, however, they are not unified in a single legal body that determines the form of their creation, registration, supervision, sanction and basic issues for maintain control of them. b. Supervision, Inspection or Control
To date, although there is no body or entity in charge of the effective or prudential supervision of all legal entities existing in Paraguay, with Law No. 6446/2019 and Decree No. 2341/202regulations, and analyzing the operations they carry out and the products they offer to the 0 the rules are established for the control that must be carried out by the General Directorate of Legal Persons and Structures and Final Beneficiaries. This Directorate
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