Abstract:
The objectives of the thesis are: 1) to study and understand the meaning and concepts of the theories related to money laundering and laws applicable to currency future trading 2) to analyze law enforcement problems related to money laundering cases in the case of currency future trading in Thailand and abroad, and 3) to obtain conclusions and recommendations for appropriate guidelines for law enforcement regarding money laundering cases in case of currency future trading is done in Thailand. This thesis is legal research using a qualitative research methodology. It is documentary research studying and analyzing provisions of Thai and foreign law, including the United States and Australia. The primary and secondary documents related to money laundering in the case of currency future trading are used to create guidelines that are suitable for law enforcement in Thailand. The results showed that there are some provisions that are inadequate and do not cover currency future trading in Thailand in Money Laundering Control Act, B.E.2542 (1999). The reason for this is that currency future trading does not require transaction reporting or identification as required by law, which can lead to money laundering crimes. Thailand, therefore, needs to develop anti-money laundering measures by enacting additional provisions on enforcing the law on futures trading careers, especially the definition of financial institutions in Section 3 to cover futures trading. In addition, if the currency futures trading is designated as a financial institution, the financial institution's transaction reporting measures can be applied to the transaction of the currency futures trading by Section 16 and Section 20. Financial institutions and professionals under section 16 must have self-report and self-presentation every time before conducting a transaction. Therefore, the amendments to such laws will break the cycle of money laundering crimes, and anti-money laundering laws can be enforced more efficiently.