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1 – 10 of 750Nasir Sultan, Norazida Mohamed, Jamaliah Said and Azroz Mohd
This study aims to explore the perception of the compliance officers of the Pakistani financial sector towards the placement of Pakistan on the grey list by the Financial Action…
Abstract
Purpose
This study aims to explore the perception of the compliance officers of the Pakistani financial sector towards the placement of Pakistan on the grey list by the Financial Action Task Force (FATF).
Design/methodology/approach
To achieve this objective, the study adopted a qualitative methodology and conducted semi-structured interviews with different financial institutes and their regulators.
Findings
The study found that role of the FATF is lopsided and politically motivated towards Pakistan. Although Pakistan has loopholes like many other countries, its treatment in the FATF is irregular. Therefore, the decision of the greylisting is not purely based on technical compliance, but political preferences are the determinative aspect.
Originality/value
This study provides a holistic overview of the FATF greylisting mechanism and how Pakistan is treated. This might provide both the FATF and Pakistan to revisit their policies.
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Bernice Bissett, Philip Steenkamp and Duane Aslett
In the aftermath of the 2021 Financial Action Task Force Mutual Evaluation Report, legislators, supervisory bodies, law enforcement and the like are focusing on preventing South…
Abstract
Purpose
In the aftermath of the 2021 Financial Action Task Force Mutual Evaluation Report, legislators, supervisory bodies, law enforcement and the like are focusing on preventing South Africa from being greylisted. This paper performs an analysis of the 2021 South African Financial Action Task Force (FATF) Mutual Evaluation, specifically Recommendation 8 and Immediate Outcome 10. The purpose of this paper is to address the concerns raised and assist those tasked with implementing remediation measures.
Design/methodology/approach
Secondary sources such as legislation, case law, textbooks and peer-reviewed publications are used in addressing the concerns. A major focus is placed on the evaluation itself, with an analysis of Recommendation 8 and Immediate Outcome 10.
Findings
Despite the non-compliance rating and a low level of effectiveness received regarding non-profit organisations, authorities might not place a large focus on remediating this, as more pertinent issues arise in the report. The lack of focus in this area adds to the likelihood of grey listing by FATF. However, with co-operation from the relevant stakeholders, these low ratings can be improved.
Originality/value
Since the Mutual Evaluation’s release in October 2021 there have not been any papers addressing the highlighted issues in the non-profit sector in South Africa, to the best of the authors’ knowledge. This paper will be the first of its kind and will be of use to authorities as regards mitigating the concerns raised by FATF.
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Illegal wildlife trade (IWT) is a transnational organized crime that generates billions in criminal proceeds each year. Yet, it is not regarded by many countries as a serious…
Abstract
Purpose
Illegal wildlife trade (IWT) is a transnational organized crime that generates billions in criminal proceeds each year. Yet, it is not regarded by many countries as a serious crime. There is also no general consensus on its recognition as a predicate offence for money laundering. In this regard, banks are misused in different ways to facilitate financial flows linked to IWT. This paper aims to illustrate the importance of the banking sector in combating money laundering relating to IWT. It also aims to demonstrate the need for a general recognition of IWT as a predicate offence for money laundering.
Design/methodology/approach
This study investigates the implementation of money laundering controls by banks in the illegal-wildlife-trade context. As background to this investigation, it provides an overview of IWT, which is followed by an exploration of some of the general characteristics of the banking sector, before discussing the relevant Financial Action Task Force (FATF) recommendations.
Findings
This study finds that the banking sector is well-placed to combat money laundering relating to the IWT and is, by virtue of its international nature and strong focus on compliance, able to be effective in preventing the use of the proceeds of IWT as well as in identifying broader trafficking networks. Moreover, the banking sector is well-equipped to develop appropriate platforms to facilitate the swift, easy and effective sharing of financial intelligence between banks at the local, regional and especially international level.
Research limitations/implications
This study draws on publicly available information on financial flows relating to IWT. Little data and research are available on the financial flows and consequently the money laundering techniques used in cases suspected of IWT.
Originality/value
There has been little scholarly research on the relationship between money laundering and the IWT as well as the financial flows of IWT in general. This study highlights some of the money laundering techniques used in relation to IWT by drawing on the works of various international organizations, including the FATF.
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Charu Saxena and Pardeep Kumar
The purpose of this study is to provide a bibliometric analysis of the Journal of Money Laundering and Control (JMLC) from 2010 to 2021 and map its way forward.
Abstract
Purpose
The purpose of this study is to provide a bibliometric analysis of the Journal of Money Laundering and Control (JMLC) from 2010 to 2021 and map its way forward.
Design/methodology/approach
A range of bibliometric techniques have been used to analyse the performance of JMLC from Volume 14 (Issue 1) to Volume 24 (Issue 4). The Scopus database has been used to analyse the documents of JMLC. A total of 294 documents are reviewed. The bibliographic data has been analysed using the software VOS viewer and R-studio (Biblioshine) to assess the trend of publications, word growth, keyword co-occurrence, citation analysis, most prolific authors and authors’ impact.
Findings
JMLC’s academic contributions, influence and impact have grown progressively. The thematic structure of the journal has evolved into six bibliographic clusters, noted as prevention of corruption due to money laundering; compliance and regulation of money laundering; customer due diligence; role of Financial Action Task Force (FATF) in the financial system of developing countries; control of terrorism and terrorist financing; and role of money laundering in the proceeds of crime.
Research limitations/implications
The constraint of this endeavour largely arises from its selection of bibliographic data being confined to Scopus.
Practical implications
The results of the study would help the current and future authors to understand the emerging themes in the field of money laundering and control. They are also going to help the editors of the journals of this domain to understand the emerging themes and how the published documents are going to contribute the society, throwing light on the controlling and compliance part of money laundering. Future research directions are provided in tackling the problem of money laundering, corruption, terrorism, crime, etc. with the help of financial intelligence, strong FATF all around the world, machine learning, Bitcoin exchange management and global knowledge management.
Originality/value
To the best of the authors’ knowledge, this is the first objective assessment of the journal. Thus, the results of the study are useful to past and prospective authors, editorial board members, editors, readers and reviewers to gain a one-stop understanding of anti-money laundering actions through the contributions of JMLC.
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Fabian Maximilian Johannes Teichmann and Chiara Wittmann
This study aims to examine the possibility of laundering money through the United Arab Emirates (UAE), the perceived risk and the stark reality. That money laundering prevention…
Abstract
Purpose
This study aims to examine the possibility of laundering money through the United Arab Emirates (UAE), the perceived risk and the stark reality. That money laundering prevention mechanisms are being circumvented is evident by reference to the international assessments by the Financial Action Task Force and information from key informants. To develop effective improvements, the modus operandi of money laundering needs to be re-examined.
Design/methodology/approach
The empirical findings are based on over 60 semi-standardized interviews with alleged criminal and expert compliance officers operating in an international arena. These findings were subject to a qualitative content analysis, while a further quantitative survey of around 200 compliance officers expanded on the techniques of money laundering. This served to explore whether there was a discrepancy between the presentation of money laundering in the literature in contrast to reality.
Findings
Owing to the transnational nature of money laundering, the global financial market is dependent on the uniformity of anti-money laundering (AML) regulations. Despite immense progress, there are still several key weaknesses in the financial system of the UAE, such as the existence of Free Zones and the divergence of AML awareness.
Research limitations/implications
The scope of the interviews is limited to the personal experience of the informants. This is mediated by seeking uniformity in answers as well as literature support.
Originality/value
This paper, supported by empirical evidence, discerns why the current regulatory measures are minimally effective. There is an unmistakable need for the international coordination of financial regulatory bodies. The literature describes the occurrence of money laundering, but no studies have engaged to examine the pragmatic mechanism in place which allow money laundering to persevere despite the significant improvements of AML policies.
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William Gaviyau and Athenia Bongani Sibindi
The purpose of this study is to examine the South African banks’ customer due diligence (CDD) practices in the fintech era to mitigate money laundering (ML) risks and ensure…
Abstract
Purpose
The purpose of this study is to examine the South African banks’ customer due diligence (CDD) practices in the fintech era to mitigate money laundering (ML) risks and ensure financial stability. Financial technologies have brought substantial transformations to the financial services sector. However, such technologies have exposed the sector to emerging risks that threaten the integrity and stability of the financial system globally. Before any bank–customer relationship is established, proper customer background checks must be conducted. These background checks enable financial institutions to validate information provided and ensure customers are properly risk profiled. Failure to risk profile customers could result in financial institutions being used as conduits for ML. Undoubtedly, CDD procedures are pivotal to overall anti-money laundering efforts and curbing financing terrorism in a regulatory framework.
Design/methodology/approach
A qualitative research approach was adopted to address the research questions of the study. Given the confidentiality associated with the financial services sector, data triangulation was used in blending mainly secondary and primary data sources. Secondary data sources used in the study were published reports available in the public domain that were corroborated with subject matter experts’ interviews.
Findings
Based on the findings of this study, it is concluded that in South Africa, technological solutions have been incorporated into CDD functions, which is now risk-based (enhanced due diligence). Also, legally, South Africa has incorporated the biometrics, integration with Department of Home Affairs and Companies and Intellectual Property Commission databases, customer consent to third-party sources with the Financial Intelligence Centre Act and the Protection of Personal Information Act.
Originality/value
The shift towards digital banking in South Africa results in increased data and dynamic risk profiling. This study advocates a policy shift requiring a risk-based approach to mitigating emerging ML risks (in particular digital laundering), especially in the wake of South Africa’s recent greylisting by the Financial Action Task Force.
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This paper aims to critically examine the digital transformation of anti-money laundering (AML) and countering the financing of terrorism (CFT) in light of the Financial Action…
Abstract
Purpose
This paper aims to critically examine the digital transformation of anti-money laundering (AML) and countering the financing of terrorism (CFT) in light of the Financial Action Task Force (FATF) San Jose principles, the Organisation for Economic Co-operation and Development (OECD) principles for artificial intelligence (AI) and the proposed European Union (EU) Artificial Intelligence Act. The authors argue that AI tools can revolutionize AML/CFT and asset recovery, but there is a need to strike a balance between optimizing AML efficiency and safeguarding fundamental rights.
Design/methodology/approach
This paper draws on reports, legislation, legal scholarships and other open-source data on the digital transformation of AML/CFT, particularly the deployment of AI in this context.
Findings
A new regulatory framework with robust safeguards is necessary to mitigate the risks associated with the use of new technologies in the AML context.
Originality/value
This study is one of the first to examine the use of AI in the AML/CFT context in light of the FATF San Jose principles, the OECD AI principles and the proposed EU AI Act.
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The purpose of this paper is to scrutinise the effectiveness of four derivative exchanges’ enforcement efforts since 2007. These exchanges include the Commodity Exchange Inc. and…
Abstract
Purpose
The purpose of this paper is to scrutinise the effectiveness of four derivative exchanges’ enforcement efforts since 2007. These exchanges include the Commodity Exchange Inc. and ICE Futures US from the United States and ICE Futures Europe and the London Metal Exchange from the UK.
Design/methodology/approach
The paper examines 799 enforcement notices published by four exchanges through a behavioural science lens: HUMANS conceived by Hunt (2023) in Humanizing Rules: Bringing Behavioural Science to Ethics and Compliance.
Findings
The paper finds the effectiveness of the exchanges’ enforcement efforts to be a mixed picture as financial markets transition from the digital to artificial intelligence era. Humans remain a key cog in the wheel of market participants’ trading operations, albeit their roles have changed. Despite this, some elements of exchanges’ enforcement regimes have not kept pace with the move from floor to remote trading. However, in other respects, their efforts are or should be, effective, at least in behavioural terms.
Research limitations/implications
The paper’s findings are arguably limited to exchanges based in Anglophone jurisdictions. The information published by the exchanges is variable, making “like-for-like” comparisons difficult in some areas.
Practical implications
The paper makes several recommendations that, if adopted, could help exchanges to increase the potency of their enforcement programmes.
Originality/value
A key aim of the paper is to shift the lens through which the debate concerning the efficacy of exchange-level oversight is conducted. Hitherto, a legal lens has been used, whereas this paper uses a behavioural lens.
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Howard Chitimira and Sharon Munedzi
The anti-money laundering (AML) frameworks of many countries were generally influenced by the international best practices of money laundering that were first established in 1988…
Abstract
Purpose
The anti-money laundering (AML) frameworks of many countries were generally influenced by the international best practices of money laundering that were first established in 1988 through the Basel Committee on Banking Supervision (BCBS). The general belief is that these international best practices are applicable in all jurisdictions, although most countries are still affected by money laundering. The international best practices are universal measures that were developed as a yardstick to control and curb money laundering globally. Nonetheless, international best practices for money laundering are not tailor-made for specific jurisdictions and/or countries. Therefore, it remains the duty of respective jurisdictions and/or countries to develop their own context-sensitive AML measures in accordance with international best practices. An overview of the AML international best practices that were developed and adopted by several countries are analysed in this paper. These include customer due diligence measures established by the BCBS, the financial action task force (FATF) standards, as well as the ongoing monitoring and the risk-sensitive approach that were implemented to curb money laundering globally.
Design/methodology/approach
The article analyses the AML international best practices that were developed and adopted by several countries. These include customer due diligence measures established by the BCBS, the FATF standards, as well as the ongoing monitoring and the risk-sensitive approach that were implemented to curb money laundering globally.
Findings
It is hoped that policymakers and other relevant persons will use the recommendations provided in the paper to enhance the curbing of money laundering in financial institutions globally.
Research limitations/implications
The paper does not provide empirical research.
Practical implications
The study is useful to all policymakers, lawyers, law students and regulatory bodies globally.
Social implications
The study seeks to curb money laundering in the economy and society globally.
Originality/value
The study is original research on the use of AML/counter financing of terrorism international best practices to curb money laundering activities globally.
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Artificial intelligence (AI), machine learning (ML) and deep learning (DL) are having a major impact on banking (FinTech), health (HealthTech), law (RegTech) and other sectors…
Abstract
Purpose
Artificial intelligence (AI), machine learning (ML) and deep learning (DL) are having a major impact on banking (FinTech), health (HealthTech), law (RegTech) and other sectors such as charitable fundraising (CharityTech). The pace of technological innovation and the ability of AI systems to think like human beings (simulate human intelligence), perform tasks independently, develop intelligence based on its own experiences and process layers of information to learn ever-complex representations of data (ML/DL) means that improvements in the rates at which this technology can undertake complex, technical and time-consuming tasks, identify people, objects, voices, patterns, etc., screen for ‘problems’ earlier, and provide solutions, provide astounding benefit in economic, political and social terms. The purpose of this paper is to explore advents in AI, ML and DL in the context of the regulatory compliance challenge faced by financial institutions in the United Kingdom (UK).
Design/methodology/approach
The subject is explored through the analysis of data and domestic and international published literature. The first part of the paper summarises the context of current regulatory issues, the advents in deep learning, how financial institutions are currently using AI, and how AI could provide further technological solutions to regulatory compliance as of February 2023.
Findings
It is suggested that UK financial institutions can further utilise AI, ML and DL as part of an armoury of solutions that ease the regulatory burden and achieve high levels of compliance success.
Originality/value
To the best of the author’s knowledge, this is the first study to specifically explore how AI, ML and DL can continue to assist UK financial institutions in meeting the regulatory compliance challenge and the opportunities provided for financial institutions by the metaverse.
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