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Regular version of the site

Article

Трансграничные зеркальные сделки: частноправовая природа и риски привлечения к ответственности

Закон. 2017. № 10. С. 110-121.
Барышева К. А., Максимов Д. М.

The article is dedicated to legal nature of mirror trades concluded in the international investment market. The authors analyze the level of legal protection and validity of the transactions from the standpoint of private law and make arguments for its de jure recognition. In the economics the mirror trades are identified differently, the legal definition is based on history of regulatory compliance efforts of financial authorities. The article is instrumental in assessing risks of operating mirror trades for criminal law purposes and its possible recognition as money laundering by financial bodies of the USA, the UK and Russia.  Mirror character of the transactions is a result of combination of buy and sale contracts but their economic rationale is suppressed by their beneficiaries. These deals are not presumed illegal but are under surveillance of states due to their efficiency for easy flow of capital between countries. The main examples of mirror trades are connected with recent practices of Deutsche Bank in Russia and Bank of Credit and Commerce International (BCCI) which mostly operated in 70-th and 80-th of the XX century. The positions of New York Department of Financial Services and British Financial Conduct Authority on mirror trades is scrutinized.  The authors also analyze the current level of Russian anti-money laundering legislation and countermeasures, the practices of market abuse and evaluate the efficiency of banking supervision.