Search results
1 – 10 of 298The report contains the results of opium poppy cultivation surveys in Myanmar and Laos during the 2022/23 poppy season. The ‘Golden Triangle’ -- centred on the…
Details
DOI: 10.1108/OXAN-DB284232
ISSN: 2633-304X
Keywords
Geographic
Topical
The meeting, held on the sidelines of the Asia-Pacific Economic Cooperation summit, followed discussion of the same issues by numerous government officials at the bilateral…
Details
DOI: 10.1108/OXAN-DB283731
ISSN: 2633-304X
Keywords
Geographic
Topical
Howard Chitimira and Sharon Munedzi
This paper explores the historical aspects of customer due diligence and related anti-money laundering measures in South Africa. Customer due diligence measures are usually…
Abstract
Purpose
This paper explores the historical aspects of customer due diligence and related anti-money laundering measures in South Africa. Customer due diligence measures are usually employed to ensure that financial institutions know their customers well by assessing them against the possible risks they might pose such as fraud, money laundering, Ponzi schemes and terrorist financing. Accordingly, customer due diligence measures enable banks and other financial institutions to assess their customers before they conclude any transactions with them. Customer due diligence measures that are utilised in South Africa include identification and verification of customer identity, keeping records of transactions concluded between customers and financial institutions, ongoing monitoring of customer account activities, reporting unusual and suspicious transactions and risk assessment programmes. The Financial Intelligence Centre Act 38 of 2001 (FICA) as amended by the Financial Intelligence Centre Amendment Act 1 of 2017 (Amendment Act) is the primary statute that provides for the adoption and use of customer due diligence measures to detect and combat money laundering in South Africa. Prior to the enactment of the FICA, several other statutes were enacted in a bid to prohibit money laundering in South Africa. Against this background, the article provides a historical overview analysis of these statutes to, inter alia, explore their adequacy and examine whether they consistently complied with the Financial Action Task Force Recommendations on the regulation of money laundering.
Design/methodology/approach
The paper provides an overview analysis of the historical aspects of the regulation and use of customer due diligence to combat money laundering in South Africa. In this regard, a qualitative research method as well as the doctrinal research method are used.
Findings
It is hoped that policymakers and other relevant persons will adopt the recommendations provided in the paper to enhance the curbing of money laundering in South Africa.
Research limitations/implications
The paper does not provide empirical research.
Practical implications
The paper is useful to all policymakers, lawyers, law students and regulatory bodies, especially, in South Africa.
Social implications
The paper advocates for the use of customer due diligence measures to curb money laundering in the South African financial markets and financial institutions.
Originality/value
The paper is original research on the South African anti-money laundering regime and the use of customer due diligence measures to curb money laundering in South Africa.
Details
Keywords
Madeleine Pullman, Lucy McCarthy and Carlos Mena
This pathway paper offers research guidance for investigating illegal supply chains as they increasingly threaten societies, economies and ecosystems. There are implications for…
Abstract
Purpose
This pathway paper offers research guidance for investigating illegal supply chains as they increasingly threaten societies, economies and ecosystems. There are implications for policy makers to consider incorporating supply chain expertise.
Design/methodology/approach
The authors’ work is informed by the team's previous and ongoing studies, research from fields such as criminology, investigative journalism and legal documents.
Findings
Illegality occurs in many supply chains and consists in multiple forms. Certain sectors, supply chain innovations, longer supply chains, and heterogeneous regulations and enforcement exacerbate illegal activities. But illegal activity may be necessary for humanitarian, religious or nationalistic reasons. These areas are under explored by supply chain researchers.
Research limitations/implications
By encouraging supply chain academics to research in this area as well as form collaborative partnerships outside of the discipline, the authors hope to move the field forward in prevention as well as learning from illegal supply chains.
Practical implications
Practitioners seek to prevent issues like counterfeiting with their products as well as fraud for economic and reputational reasons.
Social implications
Governments strive to minimise impacts on their economies and people, and both governments and NGOs attempt to minimise the negative social and environmental impacts. Policy makers need supply chain researchers to evaluate new laws to prevent enabling illegality in supply chains.
Originality/value
As an under-explored area, the authors suggest pathways such as partnering with other disciplines, exploring why these supply chains occur, considering other data sources and methodologies to interdict illegality and learning from illegal supply chains to improve legal supply chains.
Details
Keywords
Smart E. Otu, Macpherson Uchenna Nnam, Mary Juachi Eteng, Ijeoma Mercy Amugo and Babatunde Michel Idowu
The purpose of this study is to examine the politics, political economy, and fallout of hawkish regulatory policy on prescription drugs in Nigeria. Hawkish regulatory policy on…
Abstract
Purpose
The purpose of this study is to examine the politics, political economy, and fallout of hawkish regulatory policy on prescription drugs in Nigeria. Hawkish regulatory policy on prescription drug in Nigeria, such as opioid analgesics, is a very complex and multifaceted one, which usually involves the interplay of many factors and parties.
Design/methodology/approach
Policy manuals, official government gazettes (legislations, regulations, Acts and decrees), academic literature and a direct ethnographic observation of events surrounding the regulation of prescription drugs were reviewed and engaged.
Findings
The results revealed that Nigerian and global political economy and politics interface to define the direction of the new restrictive opioid policy, with resultant friction between prohibition and consumption. The reviews showed that the overarching “get-tough” and “repressive” policy are not necessarily founded on empirical evidence of an increase in prescription drug sales or use, but more as a product of the interplay of both internal and external politics and the prevailing socioeconomic order.
Practical implications
Instead of borrowing extensively from or being influenced by repressive Western drug laws and perspectives, Nigerian policymakers on prescription opioids should take control of the process by drawing up a home-grown policy that is less intrusive and punitive in nature for better outcomes. A mental sea change is required to understand the intrigues of Western power in Nigeria’s politics and political economy to avoid the continuous symptomatic failure of drug policy.
Originality/value
The politics and economic influence of the United Nations, USA and Western powers, as well as the axiom of moral panic of prescription drugs scares within the Nigerian environment, are particularly significant in the making of the emerging hawkish policy on prescription drugs in Nigeria.
Details
Keywords
Following the trend in the world over and on the African continent, the Parliament of Ghana passed a new law in 2020, the Narcotics Control Commission Act (Act 1019) that eased…
Abstract
Purpose
Following the trend in the world over and on the African continent, the Parliament of Ghana passed a new law in 2020, the Narcotics Control Commission Act (Act 1019) that eased the legal restrictions on cannabis cultivation and use, subject to obtaining license from the relevant authority/authorities. This paper aims to examine the implications of Ghana’s decision to legalise the cultivation of cannabis for industrial purposes for the production of fibre and for medicinal purposes.
Design/methodology/approach
The author adopted the qualitative analysis critical review methodology in sourcing information from peer-reviewed articles, coupled with the author’s own professional knowledge, background and training, to critically analyse and review the reasons behind Ghana’s decision to legalise cannabis cultivation and the implications such a major policy change/shift.
Findings
It was found that, while the law mentions industrial and medicinal purposes for the legalisation of cannabis, the real reason, at least in the immediate term, is mainly economic. This agrees with those of other African countries that have legalised cannabis cultivation but appears to contrast with those of Europe and America.
Research limitations/implications
This research is limited to Ghana and the few African countries that have legalised cannabis cultivation so far. The main reason for the legalisation (economic benefits) may also change in the future when the economics of scale turn in the favour of the country. Therefore, Ghana’s case may not represent the case of all countries legalising cannabis cultivation.
Practical implications
The research implication of this paper is that it brings to the world the law on cannabis cultivation in Ghana. It provides a professional and scientific position paper on Ghana’s drug law regime regarding cannabis, thus, serving as a useful reference literature to the academic and research community on the topic. More importantly, it discusses the implications of such major policy change from an objective perspective, unravelling the real reason behind the State’s decision to legalise the cultivation of cannabis in Ghana.
Social implications
This paper will bring to the fore the other consequences of Ghana’s cannabis cultivation legalisation policy change, which little attention has been devoted to so far.
Originality/value
This paper, apart from reference to other published texts on the topic, which have been duly acknowledged, represents the sole work of the author. It has not been produced anywhere or by anyone else either in Ghana or elsewhere.
Details
Keywords
Maria Regina Hechanova, Mariel Rizza C. Tee, Trixia Anne C. Co and Benjamin Ryan M. Rañeses III
Women are exposed to vulnerabilities that can lead to drug use or hinder recovery. However, there is a dearth of studies on recovery programs for women. This study aims to add to…
Abstract
Purpose
Women are exposed to vulnerabilities that can lead to drug use or hinder recovery. However, there is a dearth of studies on recovery programs for women. This study aims to add to the literature by examining the feasibility of a women-only aftercare program for recovering users in the Philippines.
Design/methodology/approach
The study used a mixed-method design with pre and post-program surveys used to measure changes in participants’ recovery capital. Focused group discussions elicited participants’ context, their reactions, perceived outcomes and suggestions on the program.
Findings
Women in the program shared narratives of pain, trauma and abuse before treatment. Participants reported significant improvements in personal, community and family recovery capital dimensions. The program enabled personal growth in the form of new knowledge, skills and self-confidence. The women-only program also provided a safe space for women, to receive support from other women, community members and family. However, the women continue to face continuing challenges related to stigma and discrimination and a lack of livelihood opportunities.
Research limitations/implications
A limitation of the study was its small sample size and the lack of a control group. Another limitation was the variability in treatment received by the women, which could have affected overall outcomes. Future studies using a randomized control trial and longitudinal designs may provide more robust conclusions on the effectiveness of the program.
Practical implications
Given punitive contexts, gender-sensitive and trauma-informed programs and services for women involved in drug use could potentially mitigate the abuse, stigma and vulnerabilities they experience.
Originality/value
This study contributes to the sparse literature on women-only aftercare, particularly in countries that criminalize drug use.
Details
Keywords
Howard Chitimira and Oyesola Animashaun
Banditry and terrorism constitute serious security risks in Nigeria. This follows the fact that Nigeria is rated as one of the leading states in the world that is plagued by…
Abstract
Purpose
Banditry and terrorism constitute serious security risks in Nigeria. This follows the fact that Nigeria is rated as one of the leading states in the world that is plagued by terrorism. Terrorists and bandits usually embark on predicate crimes such as kidnapping, smuggling, narcotics trade, and similar trades to finance their terrorist enterprises in Nigeria. The funds realized by criminals from nefarious sources such as sales of narcotics and ransom from kidnapping are usually laundered to make their criminal enterprises self-sustaining. Thus, all “dirty” money is laundered so as not to attract the attention of law enforcement agents. The funds realized through receipt of ransom from kidnapping, smuggling or funds from sponsors are laundered through channels such as bureau de change, which are difficult to monitor by the Nigerian authorities due, in part, to flaws and loopholes in the current anti-money laundering and anti-terrorist laws. This paper aims to adopt a doctrinal and qualitative desktop research methodology. In this regard, the current anti-money laundering and anti-terrorist laws are discussed to explore possible measures that could be adopted to remedy the flaws and loopholes in such laws and combat money laundering and financing of terrorism in Nigeria.
Design/methodology/approach
The article analyses the regulation and combating of money laundering and terrorist financing activities in Nigeria. In this regard, a doctrinal and qualitative research method is used to explore the flaws in the Nigerian anti-money laundering laws so as to recommend possible remedies in respect thereof.
Findings
It is hoped that policymakers and other relevant persons will use the recommendations provided in this article to enhance the curbing of money laundering and terrorist financing activities in Nigeria.
Research limitations/implications
The article is not based on empirical research.
Practical implications
This study is important and vital to all policymakers, lawyers, law students and regulatory bodies in Nigeria and other countries globally.
Social implications
The study seeks to curb money laundering and terrorist financing activities in Nigeria.
Originality/value
The study is based on original research which is focused on the regulation and combating of money laundering and terrorist financing activities in Nigeria.
Details
Keywords
Shreya Sangal, Gaurav Duggal and Achint Nigam
The purpose of this research paper is to review and synthesize the role of blockchain technology (BCT) in various types of illegal activities, including but not limited to fraud…
Abstract
Purpose
The purpose of this research paper is to review and synthesize the role of blockchain technology (BCT) in various types of illegal activities, including but not limited to fraud, money laundering, ransomware attacks, firearms, drug tracking, cyberattacks, identity theft and scams.
Design/methodology/approach
The authors conducted a review of studies related to illegal activities using blockchain from 2015 to 2023. Next, a thematic review of the literature was performed to see how these illegal activities were conducted using BCT.
Findings
Through this study, the authors identify the relevant themes that highlight the major illegal activities performed using BCT, its possible steps for prevention and the opportunities for future developments. Finally, the authors provide suggestions for future research using the theory, context and method framework.
Originality/value
No other research has synthesized the illegal activities using BCT through a thematic approach to the best of the authors’ knowledge. Hence, this study will act as a starting point for future research for academic and technical practitioners in this area.
Details
Keywords
The purpose of this paper is to introduce the background and significance of criminalization of self-money laundering in China and to analyze its application in judicial practice.
Abstract
Purpose
The purpose of this paper is to introduce the background and significance of criminalization of self-money laundering in China and to analyze its application in judicial practice.
Design/methodology/approach
This paper introduces the international and domestic background of the criminalization of self-money laundering, demonstrates the theoretical basis and practical significance of the changes of Article 191 in the 11th amendment to the criminal law and puts forward solutions to some controversial issues in judicial practice.
Findings
The 11th amendment to the Criminal Law, which came into force in March 2021, criminalizes self-money laundering under Article 191 and has brought an impact on the traditional theory of criminal law. There are no similar amendments to the other two crimes, namely, Article 312 and Article 349, which lead to some confusion in the judicial practice, especially in the understanding of the number of crimes, and the meaning of proceeds of crime. This paper puts forward solutions to some controversial issues in judicial practice.
Originality/value
This paper introduces the criminalization of self-money laundering in the 11th amendment to the criminal law in China, presents a comprehensive description of and comments on the difference between the Article 191 and its similar articles, namely, Article 312 and Article 349, to make a well understanding in the application of law in judicial practice, which would be beneficial to theoretical researchers and judicial professionals.
Details