The Global Anti-Money Laundering Regulatory Landscape in Less Developed Countries

The Global Anti-Money Laundering Regulatory Landscape in Less Developed Countries
Author: Norman Mugarura
Publisher: Routledge
Total Pages: 357
Release: 2016-03-09
Genre: Law
ISBN: 1317030338

Examining the challenges of using the global anti-money laundering (AML) framework in an uneven global regulatory landscape, this book discusses the difficulties of relating de-regulation, liberalization and conflict of laws to the dynamics of the market economy and demonstrates how the global environment engenders money laundering. It suggests that corruption, general systemic failure and lack of infrastructural capacity in some developing economies are hampering the implementation of laws and regulations. Suggesting that these challenges can be overcome by designing AML regimes more suited to developing economies within the prevailing global climate, the book questions the assumption that that global regimes will be applicable and emphasises the need for more representation of developing economies on the relevant committees. This book is the first of its kind to present the perspective of developing economies and their involvement in AML regimes and should be of interest to those involved in business and commercial law as well as comparative law.

The Global Anti-Money Laundering Regulatory Landscape in Less Developed Countries

The Global Anti-Money Laundering Regulatory Landscape in Less Developed Countries
Author:
Publisher:
Total Pages: 335
Release:
Genre:
ISBN:

Examining the challenges of using the global anti-money laundering (AML) framework in an uneven global regulatory landscape, this book discusses the difficulties of relating de-regulation, liberalization and conflict of laws to the dynamics of the market economy and demonstrates how the global environment engenders money laundering. It suggests that corruption, general systemic failure and lack of infrastructural capacity in some developing economies are hampering the implementation of laws and regulations.

The Money Laundry

The Money Laundry
Author: J. C. Sharman
Publisher: Cornell University Press
Total Pages: 215
Release: 2011-10-15
Genre: Political Science
ISBN: 0801463203

A generation ago not a single country had laws to counter money laundering; now, more countries have standardized anti–money laundering (AML) policies than have armed forces. In The Money Laundry, J. C. Sharman investigates whether AML policy works, and why it has spread so rapidly to so many states with so little in common. Sharman asserts that there are few benefits to such policies but high costs, which fall especially heavily on poor countries. Sharman tests the effectiveness of AML laws by soliciting offers for just the kind of untraceable shell companies that are expressly forbidden by global standards. In practice these are readily available, and the author had no difficulty in buying the services of such companies. After dealing with providers in countries ranging from the Seychelles and Somalia to the United States and Britain, Sharman demonstrates that it is easier to form untraceable companies in large rich states than in small poor ones; the United States is the worst offender. Despite its ineffectiveness, AML policy has spread via three paths. The Financial Action Task Force, the key standard-setter and enforcer in this area, has successfully implemented a strategy of blacklisting to promote compliance. Publicly identified as noncompliant, targeted states suffered damage to their reputation. Subsequently, officials from poor countries became socialized within transnational policy networks. Finally, international banks began using the presence of AML policy as a proxy for general country risk. Developing states have responded by adopting this policy as a functionally useless but symbolically valuable way of reassuring powerful outsiders. Since the financial crisis of 2008, the G20 has used the successful methods of coercive policy diffusion pioneered in the AML realm as a model for other global governance initiatives.

Protecting Mobile Money against Financial Crimes

Protecting Mobile Money against Financial Crimes
Author: Pierre-Laurent Chatain
Publisher: World Bank Publications
Total Pages: 234
Release: 2011-02-24
Genre: Political Science
ISBN: 0821386700

Mobile Money is a booming industry in an increasing number of countries worldwide. The project results from increased demand for guidance and technical assistance from governments after the 2008 publication of an exploratory paper, Integrity in Mobile Phone Financial Services, which discussed mobile money and the application of international anti-money laundering (AML) and combating the financing of terrorism (CFT) standards. For most, how to craft a regulatory regime that expands access to financial services to the poor through the development of mobile phone financial services, but compliant with AML/CFT standards remains elusive. Specific AML/CFT regulations related to mobile money have not been issued in many jurisdictions, mainly due to the lack of awareness of the risks these services can pose if the right controls are not in place. Because the international standards for AML/CFT, the Financial Action Task Force s 40 + 9 Recommendations were designed and issued well before mobile money technology and business models became prevalent, even developed countries have begun to face challenges with their regulation. The project team aims to provide practical guidance to jurisdictions and the Industry on how to draft regulations and internal guidelines that allow them to comply with AML/CFT standards with enough flexibility for mobile money to thrive. Specifically, the paper (1) takes stock of new AML/CFT regulations and practices relevant to Mobile money, (2) design guidelines for drafting AML/CFT regulations that cover mobile money and (3) propose examples of best practices for the Industry to include AML/CFT in their own business model.

Anti-Money Laundering

Anti-Money Laundering
Author: Wouter H. Muller
Publisher: John Wiley & Sons
Total Pages: 834
Release: 2007-06-13
Genre: Business & Economics
ISBN: 9780470511084

Anti-Money Laundering is the definitive reference on money laundering and practice. First an outline will be given of the general approach taken by supra-national organisations like the United Nations and the European Council. Next the approach taken by international organisations and initiatives on the basis of the supra-national initiatives will be outlined by senior members of those organisations. A number of countries will then describe their specific prevention legislation. Countries involved will all be member-countries of the FATF (Financial Action Task Force on Money Laundering). Finally there will be an overview to enable the reader to make a comparison between the most important topics of money laundering legislation and rules in the different countries.

The Global Anti-Money Laundering Regulatory Landscape in Less Developed Countries

The Global Anti-Money Laundering Regulatory Landscape in Less Developed Countries
Author: Norman Mugarura
Publisher: Routledge
Total Pages: 335
Release: 2016-03-09
Genre: Law
ISBN: 1317030346

Examining the challenges of using the global anti-money laundering (AML) framework in an uneven global regulatory landscape, this book discusses the difficulties of relating de-regulation, liberalization and conflict of laws to the dynamics of the market economy and demonstrates how the global environment engenders money laundering. It suggests that corruption, general systemic failure and lack of infrastructural capacity in some developing economies are hampering the implementation of laws and regulations. Suggesting that these challenges can be overcome by designing AML regimes more suited to developing economies within the prevailing global climate, the book questions the assumption that that global regimes will be applicable and emphasises the need for more representation of developing economies on the relevant committees. This book is the first of its kind to present the perspective of developing economies and their involvement in AML regimes and should be of interest to those involved in business and commercial law as well as comparative law.

Anti-Money Laundering State Mechanisms

Anti-Money Laundering State Mechanisms
Author: Michele Sciurba
Publisher: Edition Faust
Total Pages: 139
Release: 2018-05-01
Genre: Law
ISBN: 3945400627

This monograph offers a comprehensive analysis of the implementation of global anti-money laundering and counter-terrorism financing (AML/CTF) regulations in the United States and the European Union. It provides academics, legal professionals and interested readers with a deep understanding of the developments of the AML/CTF legal framework and guides them into the dimension of its most difficult relation with international and European human rights law. The implementation of global anti-money laundering regulations in the United Stated and the European Union has essentially led to the suspension of laws governing privacy and bank secrecy. Banks and other financial institutions now operate as an extension of law enforcement. The current Anti-Money Laundering regime jeopardises the fundamental achievements of the constitutional state. The increasing centralisation and cooperation of the competent authorities in the exchange of personal data information creates a security architecture that leads to a considerable risk of freedom restriction. In particular, the extension of the authorities ́ power of intervention granting them access to citizens ́ personal data without the need for initial suspicion underlines that a substantial part of the constitutional state is at risk. Furthermore, banks appear to use these policies as an instrument to clear legitimate but less profitable customers, in particular those with a migration background. Consequently, the implementation of the AML/CTF legal framework appears to follow a discriminatory path and clearly discloses incompatibility features with respect to the European Convention on Human Rights and Article 21 of the Charter of Fundamental Human Rights of the European Union. This monograph further explores factors contributing to the inefficiency of AML/CTF regulatory and legislative measures. Such factors are identified in inconsistent rules, which make the cooperation among national investigative authorities within the EU and at an international level more challenging. As a result, this work acknowledges regulatory and legislative harmonisation with respect to AML/CTF regimes as a central tool to successfully improve the effectiveness of AML/CTF regimes, while preserving the individual right to privacy, due process and civil rights.

Reference Guide to Anti-money Laundering and Combating the Financing of Terrorism

Reference Guide to Anti-money Laundering and Combating the Financing of Terrorism
Author: Paul Allan Schott
Publisher: World Bank Publications
Total Pages: 296
Release: 2006
Genre: Business & Economics
ISBN:

Efforts to launder money and finance terrorism have been evolving rapidly in recent years in response to heightened countermeasures. The international community has witnessed the use of increasingly sophisticated methods to move illicit funds through financial systems across the globe and has acknowledged the need for improved multilateral cooperation to fight these criminal activities. The World Bank and International Monetary Fund have developed this guide to help countries understand the new international standards. It will hopefully serve as a comprehensive source of practical information for countries to fight money laundering and terrorist financing. It discusses the problems caused by these crimes, the specific actions countries need to take to address them, and the role international organizations, such as the Bank and the IMF, play in the process. This guide is a tool for countries to establish and improve their legal and institutional frameworks and their preventive measures according to international standards and best practices. -- From Foreword (p. ix).

Cosmetic Versus Substantive Compliance with the Global Anti-money Laundering and Terrorism Financing Laws

Cosmetic Versus Substantive Compliance with the Global Anti-money Laundering and Terrorism Financing Laws
Author: Olufemi Abiodun Olaoye
Publisher:
Total Pages: 0
Release: 2019
Genre:
ISBN:

Nigeria has made considerable efforts to ensure that its anti-money laundering and combating financing of terrorism (AML/CFT) laws comply with global standards. Impressively, Nigeria recently managed to have its name removed from an international blacklist of countries whose record for money laundering compliance fell far beyond the standards. Despite the robust appearance of Nigerian legal frameworks, money laundering and terrorist financing remain endemic within domestic terrain. While global approach is indispensable to combating money laundering and the financing of terrorism, the dynamics of a developing country like Nigeria present an enormous challenge. Beyond elaborate laws, it is imperative that proper attention be focused on the substantive implementation and enforcement of those laws. Challenges that have plagued Nigeria for decades include corruption, political interference, weak domestic institutions, worsening socio-economic conditions, and a lax regulatory environment. Unless these problems are tackled, Nigeria's AML/CFT laws will only be strong on paper.

Global Anti-Money Laundering Regulation

Global Anti-Money Laundering Regulation
Author: Ehi Eric Esoimeme
Publisher: Routledge
Total Pages: 0
Release: 2024-11-25
Genre: Law
ISBN: 9781032182889

This book explores the politics of money laundering and terrorist financing regulation in several countries across Africa and the Small Island States. It advocates for a comprehensive understanding of the nuanced compliance challenges of developing countries and proposes practical solutions to address them.