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Arrests in money exchange sector escalate

Questions are mounting in the Syrian capital, Damascus, regarding the continued detention of dozens of money exchange office owners accused of operating without a license, particularly in the Damascus countryside.

A protest is planned in front of the Ministry of Justice.

Families of the detainees and those affected are preparing to hold a protest in front of the Ministry of Justice building in Damascus, demanding the release of approximately 75 detainees accused by authorities of financial violations related to money exchange operations. This action comes after the expiration of deadlines and promises made to the families this September for the release of their sons, similar to what occurred in previous court releases in the city.

The legal framework

Legislative Decree No. (6) of 2024: The current legal proceedings are based on Legislative Decree No. (6) issued on January 20, 2024, which amended certain articles of Law No. (24) of 2006 concerning the profession of money exchange and foreign currency transfer. The legislative decree included the following provisions:

• Increased Penalties: Article (25) was amended to stipulate a temporary prison sentence of 5 to 15 years, and fines of no less than 25 million Syrian pounds, in addition to a fine equivalent to three times the amount of money seized (cash, paper, electronic, or in any form that has monetary value).

• Denial of Release on Bail: A clause was added stipulating that release on bail is not permitted in the crimes stipulated, and that these crimes are subject to the provisions of Legislative Decree No. (55) of 2011.

Mechanisms for Control and Financial Settlements

Those affected and residents indicate that patrols affiliated with the Central Bank are conducting rounds in rural Damascus areas—which have witnessed a proliferation of unlicensed exchange offices—and are confiscating funds and office equipment. Residents explain that detainees are being offered conditional settlements whereby they relinquish the confiscated funds to the Central Bank in exchange for reduced sentences, sometimes as short as three years in prison. This occurs amidst inconsistent application of the law, with rural courts imposing harsher sentences compared to urban courts, which grant release under specific conditions.

The Legal Debate Surrounding the Legal Classification

This legal process has drawn widespread criticism because violations of financial regulations and professional licenses are internationally treated as administrative and regulatory offenses punishable by fines. However, the recent amendment approved by Assad has transformed these violations into felonies with severe penalties. This has prompted human rights demands for a review of these laws and a halt to related prosecutions, especially given that the money exchange profession has become a primary source of income for many Syrian families. Furthermore, the Central Bank has not provided any prior warnings to individuals to settle their legal matters or exit the market, unlike in similar cases regionally.

Zaman al-Wasl

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