Search results
1 – 10 of 75
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…
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
Nasir Sultan, Norazida Mohamed, Mervyn Martin and Hafizah Mohd Latif
This study aims to examine the Financial Action Task Force’s recommendations on virtual currencies (VCs) and how Pakistan has responded to them.
Abstract
Purpose
This study aims to examine the Financial Action Task Force’s recommendations on virtual currencies (VCs) and how Pakistan has responded to them.
Design/methodology/approach
Qualitative document and jurisprudence analysis techniques were used to achieve the study’s goal.
Findings
According to this study, VCs are modern FinTech that no jurisdiction can ignore. However, Pakistan has not adopted regulations to govern VCs but comprehensively prohibits their use. It is primarily due to the apathy of various regimes and regulators. Furthermore, the geographical location, undocumented economy and rampant corruption could facilitate the abuse of VCs for money laundering.
Originality/value
This study has provided a significant overview for developing regulations for VCs in Pakistan and other developing jurisdictions with the same characteristics.
Details
Keywords
This paper aims to show how financial services firms determine whether customer transactions or behaviours meet the threshold for suspicious activity reporting mandated by the…
Abstract
Purpose
This paper aims to show how financial services firms determine whether customer transactions or behaviours meet the threshold for suspicious activity reporting mandated by the Terrorism Act 2000 and the Proceeds of Crime Act 2002, and how suspicious activity reporting is executed in practice.
Design/methodology/approach
Semi-structured interviews have been carried out among compliance professionals in UK financial services.
Findings
Two issues related to suspicious activity reporting have been identified. Firstly, a widespread misunderstanding about the tipping-off offence under s. 333 Proceeds of Crime Act 2002 has been identified, which appears to be a root cause for poor quality as well as over-reporting of suspicious activity. Secondly, issues related to the notice and moratorium periods used by the UK’s National Crime Agency appear to deter reporting of suspicious activity related to live transactions.
Practical implications
The paper makes suggestions for changes financial services firms and the UK’s National Crime Agency can make to improve the effectiveness of suspicious activity reporting.
Originality/value
The paper provides valuable insights which can be used to limit the flow of criminal funds, improve the quality of suspicious activity reporting and enhance the effectiveness of law enforcement agencies.
Details
Keywords
Recent developments in the EU’s anti-corruption strategy have brought the EU closer to meeting the UNCAC’s objectives, i.e. the Proposal for a Directive on combating corruption…
Abstract
Purpose
Recent developments in the EU’s anti-corruption strategy have brought the EU closer to meeting the UNCAC’s objectives, i.e. the Proposal for a Directive on combating corruption (2023) and the Proposal for a Directive on Asset Recovery and Confiscation (2022). This paper aims to discuss these developments from the perspective of the UNCAC, to identify missing elements in the EU’s asset recovery mechanisms.
Design/methodology/approach
Critical approach towards EU anti-corruption policy (discussing the problems and solutions). Review of EU developments in asset recovery law.
Findings
There is a political will on the part of the EU to fight corruption through the rules enshrined in the UNCAC. However, improving EU law by introducing a new type of confiscation of unexplained wealth and criminalising illicit enrichment, without establishing convergent rules for the return of corrupt assets from EU territory to the countries of origin, cannot be seen as sufficient action to achieve the UNCAC’s objectives. In modelling mechanisms of the return of assets, the EU should search for solutions to overcome the difficulties resulting from the ordre public clause remaining a significant factor conditioning mutual legal assistance.
Originality/value
This paper discusses the possible input of the EU, as a non-State Party to the UNCAC, to advance implementing the UNCAC solutions on asset recovery by establishing convergent rules for the return of corrupt assets from EU territory to countries of origin.
Details
Keywords
As social media has become an ingrained aspect of our lives—including our political relationships with other citizens and the state—various governments have warned public servants…
Abstract
Purpose
As social media has become an ingrained aspect of our lives—including our political relationships with other citizens and the state—various governments have warned public servants that being politically active online might threaten the reputed impartiality of themselves and the public service. This study examines whether public servants are less likely to be politically active on social media than other citizens, and seeks to understand public servants’ varying disposition to be politically active online by investigating the role of employees’ underlying Big 5 personality traits.
Design/methodology/approach
Multivariate regression, along with marginal effects and predicted probabilities, are used to investigate public servants’ online political activity with survey data from Canada, a country where impartiality is a core public service value, and where governments, public service commissions and even public sector unions have voiced cautious messages about the threat online political activity presents to the reputed impartiality of public servants, and the public service at large.
Findings
Analysis of the direct effects of being a public servant and each Big 5 personality trait finds that being a public servant significantly, and substantively, reduces the probability of engaging in online political activity, meanwhile, Extraversion and Conscientiousness have consistent, significant and substantive relationships with being politically active online. Subsequent analysis investigating the dynamic between the Big 5 and being a public servant, uncovers a more complex story. Among public servants, Openness and Neuroticism, rather than Extraversion and Conscientiousness, are associated with significant and substantive changes in the probability of engaging in some online politically activities. This is consistent with research investigating the relationship between the Big 5 and risk aversion, given that public servants in Canada work in an environment with a highly cautious discourse portraying social media as a serious risk to impartiality.
Practical implications
The findings also speak to best practices for public service human resource managers by shedding light how public servants’ behavior can be better understood and managed by paying attention to their underlying personality traits.
Originality/value
This study moves beyond analyzing trends between public and private sector employees, to instead examine public servants’ online political activity. This study offers theoretical and empirical insight into how public servants’ disposition to be politically active online is, in part, influenced by their underlying Big 5 personality traits, specifically, Neuroticism and Openness.
Details
Keywords
Anat Toder Alon and Hila Tahar
This study aims to investigate how message sidedness affects the impact of fake news posted on social media on consumers' emotional responses.
Abstract
Purpose
This study aims to investigate how message sidedness affects the impact of fake news posted on social media on consumers' emotional responses.
Design/methodology/approach
The study involves a face-tracking experiment in which 198 participants were exposed to different fake news messages concerning the COVID-19 vaccine. Specifically, participants were exposed to fake news using (1) a one-sided negative fake news message in which the message was entirely unfavorable and (2) a two-sided fake news message in which the negative message was mixed with favorable information. Noldus FaceReader 7, an automatic facial expression recognition system, was used to recognize participants' emotions as they read fake news. The authors sampled 17,450 observations of participants' emotional responses.
Findings
The results provide evidence of the significant influence of message sidedness on consumers' emotional valence and arousal. Specifically, two-sided fake news positively influences emotional valence, while one-sided fake news positively influences emotional arousal.
Originality/value
The current study demonstrates that research on fake news posted on social media may particularly benefit from insights regarding the potential but often overlooked importance of strategic design choices in fake news messages and their impact on consumers' emotional responses.
Details