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The Global Anti Money Laundering Regulatory Landscape In Less Developed Countries

Author: Norman Mugarura
Publisher: Routledge
ISBN: 1317030338
Size: 19.78 MB
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Examining the challenges of using the global anti-money laundering (AML) framework in an uneven global regulatory landscape, this book discusses the difficulties of relating de-regulation, liberalization and conflict of laws to the dynamics of the market economy and demonstrates how the global environment engenders money laundering. It suggests that corruption, general systemic failure and lack of infrastructural capacity in some developing economies are hampering the implementation of laws and regulations. Suggesting that these challenges can be overcome by designing AML regimes more suited to developing economies within the prevailing global climate, the book questions the assumption that that global regimes will be applicable and emphasises the need for more representation of developing economies on the relevant committees. This book is the first of its kind to present the perspective of developing economies and their involvement in AML regimes and should be of interest to those involved in business and commercial law as well as comparative law.

Protecting Mobile Money Against Financial Crimes

Author: Pierre-Laurent Chatain
Publisher: World Bank Publications
ISBN: 9780821386705
Size: 52.88 MB
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Mobile Money is a booming industry in an increasing number of countries worldwide. The project results from increased demand for guidance and technical assistance from governments after the 2008 publication of an exploratory paper, Integrity in Mobile Phone Financial Services, which discussed mobile money and the application of international anti-money laundering (AML) and combating the financing of terrorism (CFT) standards. For most, how to craft a regulatory regime that expands access to financial services to the poor through the development of mobile phone financial services, but compliant with AML/CFT standards remains elusive. Specific AML/CFT regulations related to mobile money have not been issued in many jurisdictions, mainly due to the lack of awareness of the risks these services can pose if the right controls are not in place. Because the international standards for AML/CFT, the Financial Action Task Force s 40 + 9 Recommendations were designed and issued well before mobile money technology and business models became prevalent, even developed countries have begun to face challenges with their regulation. The project team aims to provide practical guidance to jurisdictions and the Industry on how to draft regulations and internal guidelines that allow them to comply with AML/CFT standards with enough flexibility for mobile money to thrive. Specifically, the paper (1) takes stock of new AML/CFT regulations and practices relevant to Mobile money, (2) design guidelines for drafting AML/CFT regulations that cover mobile money and (3) propose examples of best practices for the Industry to include AML/CFT in their own business model.

The Withdrawal Of Correspondent Banking Relationships

Author: Mrs.Michaela Erbenova
Publisher: International Monetary Fund
ISBN: 1498335721
Size: 64.28 MB
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This paper focuses on the withdrawal of correspondent banking relationships (CBRs) in some jurisdictions post-global financial crisis. It describes existing evidence and consequences of the withdrawal of CBRs and explores drivers of this phenomenon drawing on recent surveys and select country information. While the withdrawal of CBRs has reached a critical level in some affected countries, which can have a systemic impact if unaddressed, macroeconomic consequences have not been identified so far at a global level. The paper presents responses from the international community to address this phenomenon, and explains the role that the IMF has been playing in this global effort, especially with regards to supporting member countries in the context of surveillance and technical assistance, facilitating dialogue among stakeholders, and encouraging data gathering efforts. The paper concludes by suggesting policy responses by public and private sector stakeholders needed to further mitigate potential negative impacts that could undermine financial stability, inclusion, growth and development goals.

Insider Dealing And Money Laundering In The Eu Law And Regulation

Author: R.C.H. Alexander
Publisher: Routledge
ISBN: 1317116054
Size: 80.23 MB
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This work presents a comparative study of the provisions relating to insider dealing under the EC Insider Dealing Directive. The volume begins with a discussion of the rationale for regulating financial services in general and controlling insider dealing and money-laundering in particular. It examines the definition of an insider and of inside information and the various criminal offenses relating to insider dealing. The role of money-laundering is also recognized and the anti-money laundering regime as well as the considerable impact on the financial sector is discussed in detail. The work assesses the efficacy of criminal law in controlling insider dealing and considers the increasing trend to deal with it by means of civil/administrative measures.

The Fintech Book

Author: Susanne Chishti
Publisher: John Wiley & Sons
ISBN: 111921887X
Size: 61.77 MB
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"The reader will learn about key developments in the industry and obtain insights of cutting-edge practitioners whether entrepreneurs, investors, or advisors in the retail/commercial banking/investment banking and asset management space"--

The Foundations And Future Of Financial Regulation

Author: Mads Andenas
Publisher: Routledge
ISBN: 113504337X
Size: 45.86 MB
Format: PDF
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Financial regulation has entered into a new era, as many foundational economic theories and policies supporting the existing infrastructure have been and are being questioned following the financial crisis. Goodhart et al’s seminal monograph "Financial Regulation: Why, How and Where Now?" (Routledge:1998) took stock of the extent of financial innovation and the maturity of the financial services industry at that time, and mapped out a new regulatory roadmap. This book offers a timely exploration of the "Why, How and Where Now" of financial regulation in the aftermath of the crisis in order to map out the future trajectory of financial regulation in an age where financial stability is being emphasised as a key regulatory objective. The book is split into four sections: the objectives and regulatory landscape of financial regulation; the regulatory regime for investor protection; the regulatory regime for financial institutional safety and soundness; and macro-prudential regulation. The discussion ranges from theoretical and policy perspectives to comprehensive and critical consideration of financial regulation in the specifics. The focus of the book is on the substantive regulation of the UK and the EU, as critical examination is made of the unravelling and the future of financial regulation with comparative insights offered where relevant especially from the US. Running throughout the book is consideration of the relationship between financial regulation, financial stability and the responsibility of various actors in governance. This book offers an important contribution to continuing reflections on the role of financial regulation, market discipline and corporate responsibility in the financial sector, and upon the roles of regulatory authorities, markets and firms in ensuring the financial health and security of all in the future.

The Complete Guide To Sanctions

Author: Dominic Suszek
Publisher: Createspace Independent Publishing Platform
ISBN: 9781541276017
Size: 60.18 MB
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As the battle against global financial crimes continues, the efforts to hinder the progression of newer, more effective criminal activities are constantly evolving and increasing to meet growing challenges. In years past, the primary focus had been to simply keep organizations and their client-bases secure. However, as new pervasive threats to financial security continue to emerge on the global platform on a regular basis, today's financial service providers are faced with much greater responsibility. Quite often, new compliance regulations are introduced in response to current money laundering and terrorism financing exploits seen across the globe, ultimately shifting the regulatory landscape at both national and international levels. While these regulations allow financial institutions to reduce their susceptibility to financial crime and avoid potential damage to their international reputation(s), they also can prove to be rather burdensome for compliance departments of said institutions. In many cases, businesses that fail in remaining compliant face significant consequences, such as issuance of severe monetary fines and sanctions against them, and occasionally the revoking of banking licenses for breaches of anti-money laundering (AML) regulations. In order to avoid these repercussions, banks have turned to increases in the designation and allocation of funds, manpower, and other resources to aid in the regulatory compliance cause, often hampering the ability of other departments in an institution to effectively perform their respective duties. Thus the need for advancement of cost-effective alternatives to manual processes, such as the use of cutting-edge automated systems to improve upon this cycle are vital, specifically when taking areas of critical importance, with histories of considerable complexity and high potential for error, such as the screening and filtering processes, into account. Sanctions and Watchlist screening & filtering processes have evolved into two of the more vital areas of focus for financial institutions (FI's) worldwide in regards to their abilities to continue the battle against financial crime while remaining compliant with the latest anti-money laundering (AML) and counterterrorist financing (CTF) regulations seen today. Yet the screening process can be quite a formidable task, and must be managed effectively to ensure that no criminal activity has gone undetected. Written by esteemed writer Dominic Suszek, an expert with a wealth of firsthand knowledge of the financial services sector and a groundbreaking figure in the now-thriving anti-money laundering software community, The Complete Sanctions Guide offers a thorough template for understanding and managing one of the of the more intricate areas of regulatory compliance seen today, sanctions compliance. This comprehensive guide is the fourth in a series of compliance literature published by Suszek, CEO of the thriving AML/CTF software fixture Global RADAR Solutions, and the first to primarily spotlight several of the ever-evolving areas of sanctions compliance including OFAC compliance requirements, penalties, and risk assessment, Foreign Terrorist Organizations, sanctions screening technology available on today's market, and individual sanctions histories, measures, and applications for the United States, United Nations and the European Union, respectively. With progressive industry insight and up-to-date information found from cover to cover, The Complete Sanctions Guide is the first handbook of its kind that offers the potential to drastically alter the sanctions compliance capabilities of financial institutions around the world simply based on the sheer amount of indispensable information held within.

Integration Through Law Revisited

Author: Dr Daniel Augenstein
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409497984
Size: 17.86 MB
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Over the last twenty years, processes of pluralization, differentiation and trans-nationalization in the European Union have arguably challenged the centrality of law to European integration. Yet these developments also present opportunities to investigate new understandings of law triggered by European integration. The contributors to this book revisit one of the first academic projects to conceptualise and study European legal integration - the early 'Integration through Law' School. On this basis, they consider continuities and discontinuities in the underlying social and political landscape which the law is to integrate (the 'object' of integration), the forms and capacities of the law itself (the 'agent' of integration), and the way these two dimensions reflect on each other. Displaying different normative concerns and varied theoretical starting points, all contributors maintain that 'integration through law' remains of enduring significance to the European integration process. The volume provides a valuable reference for scholars in the field of European integration studies and European legal and political theory.

Challenges In Correspondent Banking In The Small States Of The Pacific

Author: Jihad Alwazir
Publisher: International Monetary Fund
ISBN: 1475594763
Size: 48.38 MB
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Access to financial services in the small states of the Pacific is being eroded. Weaknesses in Anti-Money Laundering and Combating the Financing of Terrorism compliance in the context of high levels of remittances are contributing to banks’ decisions to withdraw corresponding banking relationships and close bank accounts of money transfer operators. In this paper, we gather evidence on these developments in the small states of the Pacific, discuss the main drivers, and the potentially negative impact on the financial sector and macroeconomy. We then identify the collective efforts needed to address the consequences of withdrawal of corresponding banking relationships and outline policy measures to help the affected countries mitigate the impact.

Bringing E Money To The Poor

Author: Thyra A. Riley
Publisher: World Bank Publications
ISBN: 1464810893
Size: 34.79 MB
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Moving toward universal access to financial services is within reach, thanks to new technologies, transformative business models, and ambitious reforms. Instruments such as e-money accounts and mobile accounts, along with debit cards and low-cost traditional bank accounts, can significantly increase financial access for those who are excluded. Bringing e-Money to the Poor: Successes and Failures examines the lessons of success from four country case studies of “gazelles†?†•Kenya, South Africa, Sri Lanka, and Thailand†•that leapt from limitation to innovation by successfully enabling the deployment of e-money technology. These countries have thereby transformed the landscape of financial access to their poor. In addition, two country case studies (Maldives and the Philippines) yield lessons learned from constraints that stalled e-money deployments. Because technology is not a silver bullet, the case studies also explore other strategic elements that need to be in place for a country to expand access to financial services through digital technology.