Attorney at Law

Dr. Juan Diana

Juan Diana is a member of the Compliance and Anti-Money Laundering team. His work is focused on providing legal advice to companies of the financial and non-financial sector, in particular as regards financial regulations and the anti-money laundering and counter-terrorist financing area. He strives at designing and implementing policies and processes appropriate to a client’s business model, while at the same time offering solutions and providing the required legal documentation.

In the financial field, Juan carries out required procedures to obtain licenses from the Central Bank of Uruguay, and provides ongoing advice to financial companies, from both a regulatory and strategic perspective.

Experience

Juan has extensive experience in financial regulations. Moreover he has significant experience in anti-money laundering and counter-terrorist financing advisory practice, both as regards financial and non-financial obliged persons. He has worked as international consultant in the AML/CTF field on behalf of Brum Costa.

He has a well proven track record in designing and implementing AML/CTF, corporate governance, ethics and good practices policies and processes, as well as answering enquiries and elaborating reports in matters such as client due diligence, financial inclusion, protection to financial services users, fintechs, stock market, payment system and virtual assets. He has participated in negotiations with regulatory agencies on behalf of companies of the financial and non-financial sector, as well as in the elaboration of regulatory projects within his practice focus.

Practice Focus

He practices on the area of the financial system regulations and on the anti-money laundering and counter-terrorist financing field.

He routinely assists clients with the analysis, design and implementation of policies and processes, and advises financial entities and companies of the non-financial sector according to the business model developed in each case. This includes providing defense in case of investigations and sanctioning proceedings before the Central Bank of Uruguay and the National Anti-Money Laundering and Counter-Terrorist Financing Secretariat (SENACLAFT).

Furthermore, he produces legal instruments as required for the identified solution, for the purposes of adapting different business models to the applicable regulations, especially as regards activities related to new technologies (crypto assets, blockchain, data sharing, among others).

Education

• Master’s Degree in Law and Economics, Universidad Torcuato Di Tella, Argentina.
• Doctor of Law and Social Sciences, Universidad de la República.

Academic Activity

• He has taken postgraduate courses in Banking and Financial Markets Law (UM), Project Financing and Capital Market (UM) and National and International Financial System (UDELAR).
• Professor at several institutions and local and regional education events on financial regulation, AML/CTF and virtual assets (UCU Business School, Universidad de Montevideo, Universidad de Buenos Aires)

Publications

The following publications are noteworthy:

  • "Activos virtuales: un análisis desde la óptica de la regulación financiera" (CADE Journal: Doctrine and Case Law, June 2022).
  • ¿Es posible el pago de salarios con bitcoins en Uruguay? (Law Journal of the Universidad Católica del Uruguay, No. 23, June 2021).
  • "El "riesgo tasado" en la normativa antilavado nacional: ¿un nuevo problema?" (CADE Journal: Professionals and Companies, February 2021)
  • "Criptoaporte": el uso de criptomonedas como aporte de capital social. Una aproximación a la luz del régimen de derecho societario uruguayo" ("Admirable conexión: derecho comercial, reformas y nuevas herramientas”. Fundación de Cultura Universitaria. 2021).
  • “La constitución de domicilio social como servicio de alto riesgo en materia de prevención del lavado de activos: ¿realidad o mito?” (CADE Journal: Professionals and Companies, May 2020).