Curbing Illicit Financial Flows in Afghanistan
In: Integrity Watch Afghanistan, 2015
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In: Integrity Watch Afghanistan, 2015
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In: Anti-Money Laundering: International Law and Practice, S. 69-81
In: Bocconi Legal Studies Research Paper No. 3834449
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In: ZRFC: risk, fraud & compliance : Prävention und Aufdeckung durch Compliance-Organisation, Heft 1
ISSN: 1867-8394
In: Journal of the Professional Lawyer, Forthcoming
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Working paper
In: Crime, law and social change: an interdisciplinary journal, Band 57, Heft 3, S. 305-323
ISSN: 1573-0751
In: IPRI journal: a journal of the Islamabad Policy Research Institute, Band 22, Heft 1, S. 176-204
ISSN: 1684-9809
In: International legal materials: current documents, Band 35, Heft 5, S. 1291
ISSN: 0020-7829
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Working paper
In: Crime Law and Social Change
Most explanations of the Financial Action Task Force argue that material coercion plays a key role in the consolidation and diffusion of the global anti-money laundering regime. This paper looks carefully at the decision-making within FATF and argues that, at its most impactful, FATF operates in line with the principles of "experimentalist governance." Experimentalism emphasizes broad, participatory standard setting, contextualized implementation, intensive but diagnostic monitoring, and routinized updating in light of experience. The paper discusses the differences between the more common understandings of FATF before laying out the principles of experimentalist governance. It outlines the experimentalist form of FATF decision-making. It then provides evidence of experimentalist decision-making in three important aspects of FATF: the evolution of blacklisting; the role of monitoring; and the continuing implementation of the risk-based approach.
In: Crime Law and Social Change
This article serves to introduce this special issue of Crime, Law, & Social Change on the Financial Action Task Force (FATF). It provides a primer on the history and purpose of FATF and lays out some of the central debates over FATF and the anti-money laundering (AML) regime. Finally, as a way of giving readers an overview of the articles in the special issue, it proposes a series of themes that academics and practitioners should consider in future research and work with FATF.
A model Anticorruption Protocol to the United Nations Convention against Corruption (APUNCAC) would implement international requirements to report the beneficial ownership of funds involved in certain financial transactions. The purpose is to discourage laundering of illicit funds by attaching legal consequences to each failure to obtain and submit a required report of beneficial ownership, and each failure by a front man who poses as a beneficial owner to supply true information regarding the identity of the actual beneficial owner. This article is the fourth in a series of articles describing APUNCAC's anti-money laundering (AML) provisions and focus on beneficial owner transparency. The companion articles focused on issues regarding international jurisdiction and enforcement of APUNCAC regarding distant offshore personnel and illustrated the application of APUNCAC to specific money laundering channels. This article translates APUNCAC's key provisions into proposed Financial Action Task Force (FATF) recommendations, provides guidance regarding the necessary domestic conforming legislation, responds to frequently asked questions, and discusses the rationale for expansion of existing FATF recommendations.
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In: Crime, law and social change: an interdisciplinary journal, Band 69, Heft 2, S. 131-152
ISSN: 1573-0751