Search results
1 – 10 of 40The purpose of this paper is to assess the current legal framework on money laundering control in the insurance sector. Essentially, this examination is premised on the…
Abstract
Purpose
The purpose of this paper is to assess the current legal framework on money laundering control in the insurance sector. Essentially, this examination is premised on the interrogation of whether it is still appropriate for Mauritius to apply such stringent, opaque and unyielding Anti-Money Laundering/Combating Financing of Terrorism norms and rules on general insurance when developed nations such as the UK and Singapore have done away with them for a more effective combat against money laundering. It would also be assessed why the financial services commission (FSC) is not able to draw inspiration from its British and Singaporean counterparts in fighting money laundering more effectively.
Design/methodology/approach
This paper uses the doctrinal legal research methodology which is colloquially described as “black-letter law” approach. It is backed up by a contextual legal analysis that is based on an analysis of relevant legal provisions. It relies ground experience from the insurance industry through the experience of the authors. A comparative approach is used with Singapore and the UK as case studies given that there are significant commonalities to the Mauritian jurisdiction as well as useful differences.
Findings
It is observed that a move towards a de-regulation of the legal framework on money laundering in the insurance sector with a more relaxed approach is more effective for the Mauritian insurance sector. Evidence is drawn from the Singaporean and British models. A re-structuring of the FSC of Mauritius is also warranted for such an approach to be adopted.
Originality/value
This paper is among the first academic contribution that proposes a de-regulation and the adoption of a relaxed approach of and by the Mauritian Insurance Industry for a more effective combat against money laundering. It serves as a legal foundational basis for further research in this direction.
Details
Keywords
This study aims to evaluate the advantages and disadvantages of auditor mandatory suspicious activity reporting versus the exercise of professional judgement in the anti-money…
Abstract
Purpose
This study aims to evaluate the advantages and disadvantages of auditor mandatory suspicious activity reporting versus the exercise of professional judgement in the anti-money laundering regimes of the UK and the USA.
Design/methodology/approach
The research draws upon the following sources. Firstly, statistics provided by the UK National Crime Agency, 2019 (NCA) regarding suspicious activity report (SAR) filing rates. Secondly, anti-money laundering legislation in the USA and UK. Thirdly, statements made in the political domain in the USA, particularly those which raised constitutional concerns during the progress of the Patriot Act 2001. Finally, statements and recommendations by a UK Parliamentary Commission enquiring into the effectiveness of the suspicious activity reporting regime.
Findings
The UK reporting regime does not accommodate professional judgement, resulting in the filing of SARs with limited intelligence value. This contrasts with discretionary reporting in the USA: voluntary reporting guides and influences auditor behaviour rather than mandating it. Defensive filing by UK auditors (defence to anti-money launderings [DAMLs]) has increased in recent years but the number of SARs filed has declined.
Originality/value
The study evaluates auditor behavioural responses to legislative regimes which mandate or alternatively accommodate discretion in the reporting suspicion of money laundering. Consideration of constitutional and judicial activism in this context is a novel contribution to the literature. For its theoretical framework the study uses Foucault’s concept of discipline of the self to evaluate auditor behaviour under both regimes.
Details
Keywords
The rise of cryptocurrencies and other digital assets has triggered concerns about regulation and security. Governments and regulatory bodies are challenged to create frameworks…
Abstract
Purpose
The rise of cryptocurrencies and other digital assets has triggered concerns about regulation and security. Governments and regulatory bodies are challenged to create frameworks that protect consumers, combat money laundering and address risks linked to digital assets. Conventional approaches to confiscation and anti-money laundering are deemed insufficient in this evolving landscape. The absence of a central authority and the use of encryption hinder the identification of asset owners and the tracking of illicit activities. Moreover, the international and cross-border nature of digital assets complicates matters, demanding global coordination. The purpose of this study is to highlight that the effective combat of money laundering, legislative action, innovative investigative techniques and public–private partnerships are crucial.
Design/methodology/approach
The focal point of this paper is Australia’s approach to law enforcement in the realm of digital assets. It underscores the pivotal role of robust confiscation mechanisms in disrupting criminal networks operating through digital means. The paper firmly asserts that staying ahead of the curve and maintaining an agile stance is paramount. Criminals are quick to embrace emerging technologies, necessitating proactive measures from policymakers and law enforcement agencies.
Findings
It is argued that an agile and comprehensive approach is vital in countering money laundering, as criminals adapt to new technologies. Policymakers and law enforcement agencies must remain proactively ahead of these developments to efficiently identify, trace and seize digital assets involved in illicit activities, thereby safeguarding the integrity of the global financial system.
Originality/value
This paper provides a distinctive perspective by examining Australia’s legal anti-money laundering and counterterrorism financing framework, along with its law enforcement strategies within the realm of the digital asset landscape. While there is a plethora of literature on both asset confiscation and digital assets, there is a noticeable absence of exploration into their interplay, especially within the Australian context.
Details
Keywords
Muhammad Naveed Khan, Piyya Muhammad Rafi-ul-Shan, Pervaiz Akhtar, Zaheer Khan and Saqib Shamim
Achieving social sustainability has become a critical challenge in global supply chain networks, particularly during complex crises such as terrorism. The purpose of this study is…
Abstract
Purpose
Achieving social sustainability has become a critical challenge in global supply chain networks, particularly during complex crises such as terrorism. The purpose of this study is to explore how institutional forces influence the social sustainability approaches of logistics service providers (LSPs) in high terrorism-affected regions (HTAR). This then leads to investigating how the key factors interact with Institutional Theory.
Design/methodology/approach
An exploratory multiple-case study research method was used to investigate six cases of different-sized logistics LSPs, each in an HTAR. The data was collected using semistructured interviews and triangulated using on-site observations and document analysis. Thematic analysis was used in iterative cycles for cross-case comparisons and pattern matching.
Findings
The findings interact with Institutional Theory and the three final-order themes. First, management processes are driven by coopetition and innovation. Second, organizational resources, structure and culture lead to an ineffective organizational design. Finally, a lack of institutionalization creates institutional uncertainty. These factors are rooted in many other first-order factors such as information sharing, communication, relationship management, capacity development, new process developments, workforce characteristics, technology, microlevel culture and control aspects.
Originality/value
This study answers the call for social sustainability research and enriches the literature on social sustainability, Institutional Theory and LSPs in HTARs by providing illustrations showing that institutional forces act as driving forces for social sustainability initiatives by shaping the current management processes. Conversely, the same forces impede social sustainability initiatives by shaping the current organizational designs and increasing institutional uncertainty.
Details
Keywords
Nisit Panthamit, Paisarn Panthamitr and Guowei Tian
This study aims to convey the understanding of the ecosystem – how “hundi” works on the border trade between Myanmar and northern Thailand, which is an informal transfer system…
Abstract
Purpose
This study aims to convey the understanding of the ecosystem – how “hundi” works on the border trade between Myanmar and northern Thailand, which is an informal transfer system and is widely used as an alternative banking system. Even though the role of hundi is unable to declare the sources of money under the standard settlement of formal banking system, a failure to operate of its official mechanism are carrying using hundi, as a financial platform across the border between Thailand and Myanmar. This study surveys the best practice mechanism for the regional and international cooperation.
Design/methodology/approach
This paper draws on relevant literature, open-source reporting, and interviews with more than 30 interviewees on the border between Thailand and Myanmar. Interviewees includes border-trader, money changer, money transfer operators, business leaders, hundi operators, immigrant labors, government officials and commercial banking staffs.
Findings
This study provides a unique insight of hundi system, which work as the alternative mode of formal banking. It is an informal fund transfer payment platform used on the border between Thailand and Myanmar in the past five decades. It insists that hundi plays a significant role in both substitution and complementary on the trade and payment across the border of Myanmar–Thailand. Even though confronting with the barriers of financing of terrorism (anti money laundering AML/combating the financing of terrorism CFT) risk, the competition with the expanding and modernizing formal banking sector, and the introduction of Fintech and mobile money services. In the short term, these are unlikely to eliminate the hundi system completely, but may instead push hundi operators towards adopting these networks and technologies in their own operations.
Social implications
This paper will be a useful source for academics, development professionals, policymakers, law enforcement agencies and business actors who are seeking to understand Myanmar’s informal payment system, hundi.
Originality/value
This is the latest work for border trade payment or trade financing role of hundi which has hidden under the informal market of the border for several decades. It has few research of hundi on border trade and payment, particularly after the military coup in 2021 which made hundi return to be on the spotlight and simultaneous mechanism of border trade and payment ecosystem of Myanmar. This paper will be a useful source for academics, development professionals, policymakers, law enforcement agencies and business actors who are eager to understand Myanmar’s informal payment system, hundi, especially during the hardship.
Details
Keywords
The purpose of this paper is to examine Asian Americans' perceptions of the police, specifically how they construct support. Although such literature has been growing in recent…
Abstract
Purpose
The purpose of this paper is to examine Asian Americans' perceptions of the police, specifically how they construct support. Although such literature has been growing in recent years, research on Asian American interactions with the police remains limited. Additionally, this paper is situated within the theoretical framework of system justification theory to account for Asian Americans' views of the police.
Design/methodology/approach
This study relies on interview data collected from 20 Asian Americans residing in mid-Atlantic states. Participants were either recruited directly by the researchers or through the snowball-sampling method.
Findings
Police support is influenced by perception of neighborhood safety, personal police contact and empathetic feelings toward the police. Specifically, regarding the latter component, humanizing or empathizing with police officers is a form of rationalizing individual police misconduct that reinforced police legitimacy. Most participants had similar characteristics and displayed police justification. Additional research is needed regarding what characteristics or patterns are likely to lead to lower levels of police justification.
Originality/value
This article's findings improve our understanding of system justification among Asian Americans, particularly as it relates to policing.
Details
Keywords
Galia Fuchs, Maria D. Alvarez and Sara Campo
The purpose of this paper is to propose a model of relationships for conflict-ridden destinations that include variables concerning the dispute and their effect on key constructs…
Abstract
Purpose
The purpose of this paper is to propose a model of relationships for conflict-ridden destinations that include variables concerning the dispute and their effect on key constructs that shape visitation decisions.
Design/methodology/approach
The theoretical model is examined for two conflict-ridden Eastern Mediterranean destinations, Israel and Turkey, which suffer from ongoing armed conflicts, using two samples of potential tourists residing in the USA (n = 1,581) and India (n = 1,383).
Findings
The relationships are stable for both destinations and cultural contexts. Animosity is a strong factor in tourists’ decisions, whereas perceived risk has a relatively insignificant impact. Knowledge of the conflict is also found to influence decisions about visiting conflict-ridden destinations.
Originality/value
The study investigates the role of variables related to the conflict as antecedents of animosity and perceived risk, thus contributing to the understanding concerning decisions to visit conflict-ridden destinations. The model is generalized for varied destinations and cultures.
提议
该研究提出了一个针对有冲突目的地的关系模型, 其中包括与冲突有关的因素以及对旅游访问决策的关键概念的影响。
设计/方法/重点
使用基于美国(n = 1,581 )和印度(n = 1,383)的潜在游客样本, 本文的理论模型检验了两个东地中海目的地, 以色列和土耳其, 该目的地遭受了持续的武装冲突。
调查结果
获得的关系在两个目的地和文化背景下都是稳定的。敌意是影响游客决策的重要因素, 然而风险感知的影响相对较小。研究还发现了对冲突的认知会影响有关访问目的地的决定。
原创性/价值
该研究调查了与冲突相关的因素作为敌意和感知风险的前因变量, 从而有助于我们理解关于访问有冲突的目的地的决策, 该模型适用于不同的目的地和文化。
Propuesta
La investigación propone un modelo de relaciones para destinos en conflicto que incluye variables relacionadas con el conflicto y su efecto en conceptos clave para las decisiones de visita del turista.
Diseño/metodología/enfoque
Se examina el modelo teórico para dos destinos del Mediterráneo oriental, que sufren conflictos armados en curso, Israel y Turquía, utilizando dos muestras de turistas potenciales que residen en los Estados Unidos (n = 1.581) y la India (n = 1.383).
Resultados
Las relaciones obtenidas son estables tanto para los destinos como para los distintos contextos culturales. La animosidad es un factor importante en las decisiones de los turistas, mientras que el riesgo percibido tiene un impacto relativamente insignificante. También se ha encontrado que el conocimiento del conflicto influye en las decisiones de visita al destino en conflicto.
Originalidad/valor
El estudio investiga el papel de las variables relacionadas con el conflicto como antecedentes de la animosidad y el riesgo percibido, contribuyendo así a nuestra comprensión sobre las decisiones de visitar destinos en conflicto. El modelo es generalizable a distintos destinos y culturas.
Details
Keywords
Claire Economidou, Dimitris Karamanis, Alexandra Kechrinioti, Konstantinos N. Konstantakis and Panayotis G. Michaelides
In this work, the authors analyze the dynamic interdependencies between military expenditures and the real economy for the period 1970–2018, and the authors' approach allows for…
Abstract
Purpose
In this work, the authors analyze the dynamic interdependencies between military expenditures and the real economy for the period 1970–2018, and the authors' approach allows for the existence of dominant economies in the system.
Design/methodology/approach
In this study, the authors employ a Network General Equilibrium GVAR (global vector autoregressive) model.
Findings
By accounting for the interconnection among the top twelve military spenders, the authors' findings show that China acts as a leader in the global military scene based on the respective centrality measures. Meanwhile, statistically significant deviations from equilibrium are observed in most of the economies' military expenses, when subjected to an unanticipated unit shock of other countries. Nonetheless, in the medium run, the shocks tend to die out and economies converge to an equilibrium position.
Originality/value
With the authors' methodology the authors are able to capture not only the effect of nearness on a country's military spending, as the past literature has documented, but also a country's defense and economic dependencies with other countries and how a unit's military expenses could shape the spending of the rest. Using state-to-the-art quantitative and econometric techniques, the authors provide robust and comprehensive analysis.
Details
Keywords
Fabian Teichmann, Sonia Ruxandra Boticiu and Bruno S. Sergi
This study aims to highlight the risks and threats posed by crowdfunding. It also looks at the new European Union regulation on crowdfunding, which is intended to give…
Abstract
Purpose
This study aims to highlight the risks and threats posed by crowdfunding. It also looks at the new European Union regulation on crowdfunding, which is intended to give participants confidence that there will be specific minimum regulatory standards to protect parties against mis-selling issues affecting some platforms.
Design/methodology/approach
This paper is based upon a thorough literature review.
Findings
Crowdfunding is an essential alternative for financing commercial and non-commercial projects. Although it is a fast-growing digital financial tool, it can also be considered extremely risky. It can be an ideal platform for money laundering and can facilitate the financing of terrorism and fraud.
Originality/value
Crowdfunding is still in its infancy, so the literature has not yet sufficiently addressed the compliance risks of crowdfunding. As a result, there is a significant research gap. Thus, this study aims to analyse and propose suggestions to mitigate the risks that all crowdfunding stakeholders may face when deciding to participate in a crowdfunding activity or when they want to set one up.
Details
Keywords
This study aims to investigate Bangladesh’s e-commerce regulations in light of the growing criticism that they are insufficient to curb predicate crimes like fraud and money…
Abstract
Purpose
This study aims to investigate Bangladesh’s e-commerce regulations in light of the growing criticism that they are insufficient to curb predicate crimes like fraud and money laundering in the online marketplace.
Design/methodology/approach
This study used the exploratory design to examine the latest ministerial directives and laws governing e-commerce in Bangladesh to determine why they cannot prevent fraudulent activities in this promising sector and identify potential solutions.
Findings
Bangladesh’s regulatory responses to e-commerce fraud prevention and detection are reactive and inadequate. Regulators are unwilling and unable to enforce available legal provisions for various reasons, including a lack of knowledge and coordination among the agencies.
Research limitations/implications
This paper focuses solely on the legal and regulatory framework in place to combat e-commerce fraud. Other critical issues, such as consumer rights, privacy and data protection in e-commerce, are not addressed.
Practical implications
The findings of this study will assist policymakers in revising current regulatory approaches to e-commerce to protect this sector from criminal abuse.
Originality/value
This study looked into the possibility of using a proactive risk-based approach in the e-commerce sector, similar to what the Bangladesh Financial Intelligence Unit does in the financial sector.
Details