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Bolivia’s Anti-Money Laundering (AML) and Combating the Financing of Terrorism (CFT) Measures: A Review
Understanding Risks
The Bolivian government, particularly the Financial Intelligence Unit (FIU), has a good understanding of money laundering (ML)/terrorism financing (TF) risks. This foundation is essential for effective implementation of AML/CFT measures.
Coordination: Room for Improvement
While Bolivia has made progress in coordinating AML/CFT issues, there is still room for improvement, especially between the FIU and other authorities involved in fighting ML/TF and predicate crimes. Effective collaboration is crucial for addressing these complex risks.
Financial Intelligence Unit (FIU)
The Bolivian FIU is a decentralized entity with autonomy to manage administrative, financial, legal, and technical aspects. It has access to various databases and signed inter-agency cooperation agreements for effective collaboration:
- Access to various databases
- Inter-agency cooperation agreements
Investigation of ML/TF
Bolivia’s system generally allows for the detection, identification, and prosecution of ML, but coordination between agencies involved in the investigation process is not always institutionalized. This can lead to inefficiencies and delays in addressing ML/TF risks.
Asset Forfeiture Measures
Bolivia has developed asset forfeiture measures within its AML/CFT policies, plans, and strategies related to ML prosecution. However, these measures seem limited in volume and scope:
- Limited asset forfeiture
- Procedures for extinction of ownership as a separate legal concept from the criminal action
Limitations
There are still some limitations that need to be addressed:
- Limited number of ML cases and sentences
- Legal restrictions on applying special investigative techniques in ML cases
- Lack of protocols for parallel financial investigations
Overall, while Bolivia has made progress in understanding and addressing ML/TF risks, there is still room for improvement in coordination between authorities, investigation processes, and asset forfeiture measures.