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Article
Publication date: 14 December 2021

Georgios Pavlidis

This paper aims to critically examine whether it is timely and actionable for the European Union (EU) to adopt a global sanctions regime against corruption and how such a regime

Abstract

Purpose

This paper aims to critically examine whether it is timely and actionable for the European Union (EU) to adopt a global sanctions regime against corruption and how such a regime can be designed to maximise its efficiency. This paper argues that developing such a dedicated framework is necessary, feasible and supportive of the international fight against corruption and the efforts to enhance the recovery of corruption proceeds.

Design/methodology/approach

This paper draws on reports, legislations, legal scholarships and other open-source data on global sanctions against corruption and the recovery of corruption proceeds.

Findings

This paper argues in favour of a dedicated global sanctions regime against corruption, which is necessary to mitigate significant risks for the EU internal market.

Originality/value

To the best of the authors’ knowledge, this study is one of the first to examine recent legislative developments, such as the EU Global Human Rights Sanctions Regime and the UK Global Anti-Corruption Sanctions Regulations, and the possible development of an EU-dedicated global sanctions regime against corruption with strong asset recovery components.

Details

Journal of Money Laundering Control, vol. 26 no. 1
Type: Research Article
ISSN: 1368-5201

Keywords

Expert briefing
Publication date: 18 January 2016

Agreement between Iran and the P5+1 (France, Germany, the United Kingdom, Russia, China and the United States) on the former's nuclear programme in July 2015 has been heralded as…

Open Access
Article
Publication date: 6 February 2024

Daniel Cookman

This paper aims to discuss the adequacy of restrictive measures. Providing a synopsis of a global movement toward the imposition of target restrictive measures. Questioning the…

Abstract

Purpose

This paper aims to discuss the adequacy of restrictive measures. Providing a synopsis of a global movement toward the imposition of target restrictive measures. Questioning the success of targeted restrictive measures in obtaining behavioural change. Identifying a reversion to the implementation of wide ranging sectoral restrictive measures in an attempt to encourage immediate behavioural change. Accessing the success of using restrictive measures to encourage democratic regimes in Africa.

Design/methodology/approach

This study is a desktop research that examines European Parliament and Council issued Regulations for the jurisdictions of Iran, Russia and Belarus. Academic research is also used in identifying a pendulum swing by global legislatures with respect to the imposition of targeted measures to requiring the imposition of additional wide ranging sectoral measures.

Findings

Targeted measures can be circumvented using non-hostile third countries. Academic research identifies that wide reaching sectoral sanctions encourage regime change. Therefore, where targeted measures fail to give rise to their desired persuasive objectives. The legislator moves to introduce additional measures, also comprising of sectoral sanctions. Sectoral sanctions have been applied by the European Union in Iran, Russia and Belarus. The USA has taken measures to limit Russia ability to use Turkey as a transshipment hub. The African continent case study identifies the importance of creating an architecture founded on upholding positive governance and human rights standards. Failure to do so leads to a revolving system of authoritarian regimes, sanctioned by restrictive measures.

Originality/value

This paper is a desktop review composed by the author.

Details

Journal of Money Laundering Control, vol. 27 no. 7
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 1 July 2014

Daniele Canestri

The purpose of this paper is to compare a new anti-corruption law approved by the Italian Parliament in November 2012 with Italian treaty obligations, the international evaluation…

Abstract

Purpose

The purpose of this paper is to compare a new anti-corruption law approved by the Italian Parliament in November 2012 with Italian treaty obligations, the international evaluation reports on the Italian anti-corruption regime elaborated by the Organisation for Economic Co-operation and Development (OECD) and the Council of Europe, the best practice guidelines and other European models. The year 2012 has marked a turning point in Italian anti-corruption policy. In response to the low ranking that Italy has in all international anti-corruption indices, the critiques expressed in international reports on its anti-corruption regime, and the increasing pressure of public opinion, the Italian parliament approved the new anti-corruption law.

Design/methodology/approach

The Law was preceded by critiques in the mass media and has been labelled as a token act. To evaluate the effectiveness of the steps undertaken by the Italian Parliament, this paper compares the new law with Italian treaty obligations, the international evaluation reports on the Italian anti-corruption regime elaborated by the OECD and the Council of Europe, the best practice guidelines and other European models (i.e. the UK Bribery Act).

Findings

This comparison gives the author the opportunity not only to identify the strengths and weaknesses of the law but also to suggest efficient solutions that the Italian legislator could have adopted.

Originality/value

So far, this is the only analysis in English of the changes introduced in the Italian anti-corruption regime in 2012. Several international colleagues and practitioners have asked the author about the new regime and it was therefore deemed appropriate to address the issue in an academic article.

Details

Journal of Financial Crime, vol. 21 no. 3
Type: Research Article
ISSN: 1359-0790

Keywords

Book part
Publication date: 15 July 2009

Wolf-Christian Paes

The drama of Angola's recent history must be seen against the backdrop of political developments in Southern Africa, which had a direct impact on the turn of events in the civil…

Abstract

The drama of Angola's recent history must be seen against the backdrop of political developments in Southern Africa, which had a direct impact on the turn of events in the civil war. During the 1960s and 1970s, the conflict was widely regarded as a prominent example of a liberation struggle against the Portuguese colonial regime. In contrast, the bitter battle in the 1980s and early 1990s between UNITA and the Movimento Popular de Libertação de Angola (Popular Movement for the Liberation of Angola – MPLA), the party which has dominated the government in Luanda since independence, was seen as a proxy war between the superpowers over the control of a key African state. During the final phase of the conflict, from the mid-1990s to early 2002, Angola was viewed as a quintessential resource conflict, a power play over access to valuable commodities such as diamonds and crude oil (Global Witness, 1998; Global Witness, 1999). All these categorizations – which reflect the dominant themes in conflict analyses of their time – fall somewhat short of grasping the complex reality of the Angolan conflict. Nevertheless, the shifting position of much of the industrialized world – particularly of the United States at the end of the Cold War – goes a long way toward explaining how the FAA managed, during the mid-1990s, to turn a decade-long military stalemate on the battlefield into a decisive victory. Looking at the geo-strategic picture also helps to explain why it took the comprehensive sanctions regime against UNITA so long to become effective in cutting the supply lines for arms, ammunition, and fuel.

Details

Putting Teeth in the Tiger: Improving the Effectiveness of Arms Embargoes
Type: Book
ISBN: 978-1-84855-202-9

Book part
Publication date: 21 October 2019

Beata Stępień and Patrick Weber

The probability of sanctions’ effectiveness increases not only due to their severity for the target country’s economy but is also a function of adherence to their principles by…

Abstract

The probability of sanctions’ effectiveness increases not only due to their severity for the target country’s economy but is also a function of adherence to their principles by enterprises from senders’ countries. Sanctions avoidance and increasing investments in the target country (the observed behavior of many companies facing the European Union (EU) sanctions against Russia which were imposed in 2014) mitigate the impact of these restrictive measures. In this chapter we show (by analyzing adaptation strategies of EU enterprises affected by sanctions imposed on Russia by EU) how particular types of strategies affect the effectiveness of sanctions and what factors determine the choice of their respective behavior. We draw our conclusions from the online survey of more than 1,000 responses from British, French, German, Italian, and Polish enterprises. We find that while administrative burdens make conformance to sanctions more likely, market dependency and non-tangible assets in the target country induce strategies that challenge sanction policies. We conclude that the EU–Russian sanctions dispute incentivizes European companies to increase their engagement in Russia. These so-called defiance strategies diminish the real economic effect of the sanctions and generate a new equilibrium which outlasts the lifting of these restrictive measures and has negative long-term political implications.

Details

International Business in a VUCA World: The Changing Role of States and Firms
Type: Book
ISBN: 978-1-83867-256-0

Keywords

Book part
Publication date: 27 September 2021

Aleksandra Wegera

Carrier sanctions oblige commercial entities to check the validity of passengers’ documents and deny boarding where no valid documents are shown, or where fraud is suspected. The…

Abstract

Carrier sanctions oblige commercial entities to check the validity of passengers’ documents and deny boarding where no valid documents are shown, or where fraud is suspected. The necessity to flee to safer countries at a time of particular political unrest has necessitated the use of fraudulent documents, which the sanction regime and subsequent case law have attempted to curtail. However, increased investigation into legitimacy of travel documents has induced the taking of dangerous routes to reach Britain. In particular, danger is posed by oncoming traffic, and where entry is attempted clandestinely, within lorries. Men, accounting for the majority of irregular entrants, are more likely to experience danger. Due to the very nature of their precarious position, potential asylum seekers may not hold travel documents, which induce the taking of dangerous routes to make asylum applications once in Britain. This chapter will attempts to link carrier sanctions, danger, and humanitarian obligations.

Details

Privatisation of Migration Control: Power without Accountability?
Type: Book
ISBN: 978-1-80117-663-7

Keywords

Article
Publication date: 21 June 2023

Omid Aliasghar and Elizabeth L. Rose

When terrorism threaten geopolitical stability, many policymakers turn to economic sanctions. In this way, governments and multilateral organizations continue to affect corporate…

Abstract

Purpose

When terrorism threaten geopolitical stability, many policymakers turn to economic sanctions. In this way, governments and multilateral organizations continue to affect corporate and managerial choices, through the shaping and constraining of international trade policies. Still, most of the international business remain relatively quiet about the impact of the non-market environment on firms’ strategic efforts. Questions remain about how firms adjust their strategies in the face of the often-sudden impact of changes in multilateral rules and enforcement mechanisms. This study aims to address this question by shedding light on three potential adjustment strategies for firms that have been impacted by sanctions.

Design/methodology/approach

As part of a larger, multimethod study, the authors undertook 16 semi-structured interviews with senior managers of firms whose operations have been affected by international sanctions.

Findings

International and political tensions can affect businesses in many ways, from exporting to strategies associated with global knowledge sourcing. Learnings from organizations that have had to respond to sudden and extreme changes in their fragile ecosystems will aid this study. In this commentary paper, the authors offer suggestions about how to adapt, respond and operate in a new reality.

Originality/value

While the imposition of long-term political sanctions, especially by powerful nations and multilateral institutions, has become more frequent, how businesses cope with these extreme external shifts still remains unknown. This paper focuses on firms operating in a sanctioned regime, investigating how they deal with these sudden changes in their environment.

Details

Multinational Business Review, vol. 31 no. 4
Type: Research Article
ISSN: 1525-383X

Keywords

Article
Publication date: 3 July 2017

Justine Suzanne Walker

This paper argues that the current framework permitting humanitarian transactions into sanctioned and conflict environments needs re-thinking and updating.

Abstract

Purpose

This paper argues that the current framework permitting humanitarian transactions into sanctioned and conflict environments needs re-thinking and updating.

Design/methodology/approach

This paper is based on in-depth interviews conducted with banks, humanitarian actors, regulators and government officials. It incorporates a review of relevant literature and has involved extensive field-based observations including with jurisdictions experiencing conflict or subject to sanctions.

Findings

This paper finds that a recalibration of the sanctions architecture is required and that a new equilibrium needs to be created to ensure the ability of international banks to support permissible humanitarian and development payments. It further sets out that the foreign policy intention of economic sanctions, when combined with licensing complexity and other risk factors, such as terrorist financing, are not achieving their intended goals.

Originality/value

Assessment on the strategic importance of ensuring access to financial services for jurisdictions subject to sanctions and in conflict.

Details

Journal of Financial Crime, vol. 24 no. 3
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 20 July 2010

Marco Arnone and Leonardo Borlini

The purpose of this paper is to present an empirical assessment and outline issues in criminal regulation relating to international anti‐money laundering (AML) programs.

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Abstract

Purpose

The purpose of this paper is to present an empirical assessment and outline issues in criminal regulation relating to international anti‐money laundering (AML) programs.

Design/methodology/approach

In the first part, this paper outlines the serious threats posed by transnational laundering operations in the context of economic globalization, and calls for highly co‐ordinated international responses to such a crime. The second part of the paper centres on elements of international criminal regulation of ML.

Findings

The focus is on the phenomenological aspect of ML and highlights that to a large extent it is an economic issue. Economic analysis calls for an accurate legal response, with typical trade‐offs: it should deter criminals from laundering by increasing the costs for such illicit operations, calling for enhanced regulatory and enforcement activities; however, stronger enforcement yields increased costs and reduces privacy. These features have lately inspired the recent paradigm shift from a rule‐based regulatory framework to a risk‐based approach which still represents an extremely delicate regulatory. Both at the international level and within the single domestic legal system, AML law is typically characterised by a multidisciplinary approach combining the repressive profile with preventive mechanisms: an empirical evaluation of the International Monetary Fund‐World Bank AML program is presented, where these two aspects are assessed. The non‐criminal measures recently implemented under the auspices of the main inter‐governmental public organisations with competence in these fields seem to be consistent with the insights of economic analysis. However, some key criminal issues need to be better addressed.

Originality/value

The paper offers insights into international AML programs, focusing on criminal regulation.

Details

Journal of Money Laundering Control, vol. 13 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

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