O fenômeno do de-risking e do overcompliance: sua problemática, regulação e possível solução

Abstract

Combating financial crimes, especially money laundering, is a global concern. Several countries have sought for decades, including through international conventions, to curb this practice. In this sense, financial institutions, due to the nature of their services, tend to be a focal point for the practice of this crime. In order to mitigate the occurrence of this and other financial crimes, countries have established firm compliance and due diligence rules, which has made it excessively burdensome for some companies to maintain their integrity programs. One solution that organizations found to overcome the problem was to err on the side of precaution and simply stop maintaining commercial relationships with customers, partners and suppliers that could indicate a risk to the company's reputation and operations. This phenomenon was called overcompliance. It turns out that this practice resulted in excluding an entire category of people from having access to various goods and services, including humanitarian aid. The present work, therefore, seeks to better understand the causes and effects of this phenomenon, as well as propose a possible solution for it.