This report examines the use of these entities in nearly all cases of corruption. It builds upon case law, interviews with investigators, corporate registries and financial institutions and a 'mystery shopping' exercise to provide evidence of this criminal practice.
Money laundering and terrorist financing undermine the integrity and stability of financial systems and can have a significantly adverse impact on a jurisdiction's economy. Challenges to effective supervision and prevention of money laundering and financing of terrorism were exacerbated in the aftermath of the 2008 financial crisis, with financial institutions' need for funds at times undermining vigilance as to the provenance of those funds. As such, supervisors often, and prudently, focused on coping with the crisis. Since 2009, when the first edition of this handbook was published, challenges to the integrity and stability of financial systems have continued to evolve. Money-laundering and terrorist-financing risks continue to threaten the reputations of financial institutions and entire financial sectors, exposing institutions to the possibility of severe enforcement action by public authorities or the loss of correspondent relationship facilities by their private sector counterparts. This second edition reflects the evolving challenges to the integrity and stability of financial systems, recent trends in enforcement actions by country authorities, and changes to international standards, notably an emphasis on a risk-based approach. This practical handbook supports the implementation of international standards established by the Financial Action Task Force and other bodies, * Providing examples of money-laundering and terrorist-financing supervisory frameworks in a range of countries; * Describing best practices for the supervision and enforcement of money-laundering and terrorist-financing laws and regulations; * Offering practical advice on how a particular jurisdiction might incorporate enforcement of the laws and regulations on money laundering and terrorist financing into its supervisory framework. Designed specifically for bank supervisors, this guide will also be of interest to readers working in the areas of finance, corruption prevention, law, accounting, and corporate governance.
One of the ways in which terrorist organisations raise and transfer funds, is by using non-profit organisations (NPOs). Ever since the adoption of the Special Recommendation VIII on the abuse of NPOs for Terrorism Financing purposes by the FATF in 2001, countries have struggled to find a proper way to address this potential terrorism financing risk. In many important ways however, the work of NPOs deal with the conditions conducive to the spread of terrorism, so it is essential that in trying to address one aspect of the terrorist threat terrorism financing- we do not inadvertently diminish the impact of other ways of tackling the issue. This article argues that in discussing the threat and how to address it, policy-makers need to be specific, not tainting the whole sector with the same brush. Virtually all governments already interact with the NPO sector and those avenues should be used for dealing with this issue- it is inefficient and ultimately counterproductive to devise an entirely new regulatory framework. The ultimate objective is to enhance the transparency of the sector- the people in charge of NPOs, their sources of funds and particularly the way those funds are spent. That aim serves a much wider purpose than just countering terrorism financing and touches on many aspects of civil society good governance that the sector itself and others have been debating for a long time. When devising public policy on this issue the contribution of the NPO sector to fighting terrorism be recognized and used to its full advantage. Moreover the sector s own stake in being clean ? and being so regarded by others should be acknowledged, thus making them an indispensable partner in drawing up such policies. For the same reason, self-regulation should be considered.
Over the last decade, the topics of corruption and recovery of its proceeds have steadily risen in the international policy agenda, with the entry into force of the United Nations Convention against Corruption (UNCAC) in 2005, the Arab Spring in 2011, and most recently a string of scandals in the financial sector. As states decide how best to respond to corruption and recover assets, the course of action most often discussed is criminal investigation and prosecution rather than private lawsuits. But individuals, organizations, and governments harmed by corruption are also entitled to recover lost assets and/or receive compensation for the damage suffered. To accomplish these goals of recovery and compensation, private or 'civil' actions are often a necessary and useful complement to criminal proceedings. This study explores how states can act as private litigants to bring lawsuits to recover assets lost to corruption.
This report examines the use of these entities in nearly all cases of corruption. It builds upon case law, interviews with investigators, corporate registries and financial institutions and a 'mystery shopping' exercise to provide evidence of this criminal practice.
Over the last decade, the topics of corruption and recovery of its proceeds have steadily risen in the international policy agenda, with the entry into force of the United Nations Convention against Corruption (UNCAC) in 2005, the Arab Spring in 2011, and most recently a string of scandals in the financial sector. As states decide how best to respond to corruption and recover assets, the course of action most often discussed is criminal investigation and prosecution rather than private lawsuits. But individuals, organizations, and governments harmed by corruption are also entitled to recover lost assets and/or receive compensation for the damage suffered. To accomplish these goals of recovery and compensation, private or 'civil' actions are often a necessary and useful complement to criminal proceedings. This study explores how states can act as private litigants to bring lawsuits to recover assets lost to corruption.
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