CHALLENGES OF ARTIFICIAL INTELIGENCE AND MONEY LAUNDERING IN THE APPLICATION OF INTERNATIONAL CRIMINAL LAW

On May 31, 2024, the European Union approved a new anti-money laundering directive, 1640, and two other regulations, 1620, which establishes the European Anti-Money Laundering Authority, and 1624, which provides directly applicable rules on preventing money laundering by the financial system. The European Union also adopted Regulation 1689 on artificial intelligence (AI) on June 13, 2024. The three regulations and the Directive represent a huge challenge for the application of international criminal law due to the emergence of AI, with a dizzying and frightening development, to which an infallible halo is given that does not correspond to reality, with an ambivalent effect, which makes life easier but creates new risks that must be addressed within the security-freedom framework, because although AI tools can revolutionize the fight against money laundering, it is necessary to maintain a balance between effectiveness and safeguarding fundamental rights. Thus, article 76.5 of Regulation 1624/2024 of 31 May on the prevention of money laundering allows de- cisions involving AI systems, but article 75 g) only allows the sharing of information generated by AI if it has been subject to appropriate human supervision, in accordance with the Union’s demands for “hu- man-centered and trustworthy” AI (whereas 1 of Regulation 1689/2024 of 13 June on AI). Furthermore, despite the current existence of European anti-money laundering regulations, and the survival of the Union depends on their success, the crime of money laundering is not punished equally in the criminal codes of each European country, and the Community does not have European criminal law to protect its own interests. Although the Union increasingly directly applies rules, such as Regulation 1624/2024, which complains of fragmented approaches and inconsistent application (whereas 2). Finally, the fight against money laundering requires, according to Regulation 1624/2024, “rapid and continuous adaptations of the legal framework” in the face of the constant evolution of technology and the means available to criminals (whereas 83) and requires preserving “social and financial inclusion” (whereas 78). In this sense, the Regulation highlights the positive aspects of new products but also warns that “it is important to be vigilant regarding the risks associated with the supply of innovative products or services” (whereas 7), which will be addressed in this paper.