Artigos de revistas sobre o tema "Money laundering – prevention – international cooperation"

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1

Shevchenko, Nataliia, Marta Kopytko e Oleksandr Zakharov. "THE ROLE OF INTERNATIONAL COOPERATION OF PUBLIC AUTHORITIES IN REDUCING AND MANAGING CORRUPTION IN UKRAINE". "Scientific notes of the University"KROK", n.º 3(71) (30 de setembro de 2023): 38–45. http://dx.doi.org/10.31732/2663-2209-2022-71-38-45.

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In the current conditions of development of market mechanisms for regulating the domestic economy, the issue of the impact of negative factors is more relevant than ever. In addition to Russia's military aggression, the introduction of martial law, and a significant number of forced restrictions on the activities of individuals and legal entities, the negative impact is also exerted by factors related to corruption, illegal enrichment, raiding, concealment of income or part thereof, money laundering, terrorist financing, etc. This situation necessitates the development of measures to reduce corruption, as well as the establishment of ongoing cooperation with international organizations to combat corruption. The purpose of the article is to determine the directions of international cooperation in the field of preventing manifestations of corruption in Ukraine, to study the effectiveness of such cooperation as one of the directions for reducing the level of corruption and the shadow economy, taking into account national and international anti-corruption programs, international experience in combating the legalization of income, money laundering or concealment of profits. The theoretical and practical basis of the study was the research of domestic scholars in the field of international cooperation in the field of combating corruption, legalization of the economy, analytical reports and data of the National Agency for the Prevention of Corruption and the National Anti-Corruption Bureau of Ukraine, indicators and benefits of cooperation between international organizations. Strategically important countries for Ukraine in recent years have become: Latvia, Germany, Poland, Montenegro, Moldova, and Lithuania. The most active organizations in terms of cooperation are: Financial Action Task Force on Money Laundering (FAFT); Egmont Group of Financial Intelligence Units; Council of Europe (Council of Europe Committee on the Evaluation of Anti-Money Laundering and Counter-Terrorist Financing Measures (MONEYVAL)); European Union; United Nations; World Bank; NATO; Organization for Security and Cooperation in Europe (OSCE); Organization for Economic Cooperation and Development (OECD); other international organizations in the field of financial monitoring. The most important areas of cooperation between domestic and international organizations in the field of combating corruption are: the creation of joint projects to combat money laundering and terrorist financing in Ukraine, the development of programs to combat money laundering and concealment of income, joint operations to expose terrorist financing schemes, the war in Ukraine, etc.
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Sciurba, Michele. "COOPERATION OF INTERNATIONAL INSTITUTIONS ON PUBLIC POLICY FORMATION FOR THE PREVENTION OF MONEY-LAUNDERING". UKRAINIAN ASSEMBLY OF DOCTORS OF SCIENCES IN PUBLIC ADMINISTRATION 1, n.º 12 (14 de fevereiro de 2018): 321–28. http://dx.doi.org/10.31618/vadnd.v1i12.73.

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This article is devoted to the research of theoretical and practical issues of international institutions concerning the cooperation on the formation of anti-money laundering state regulation. The article provides an analysis of the main activity fields of intergovernmental institutions in the prevention of laundering “dirty” money. It is shown that the goal of consolidating the efforts of international structures is to integrate standards and recommendations into the mechanisms of public administration in order to ensure financial stability and integrity of state development as well as better financial supervision and control by the state. It is noted that the problem of money laundering can not be solved only by creating new organizational forms of state control, extraordinary and punitive measures. It requires understanding of this phenomenon as having an economic, political, ethical, managerial and legal background. The process of state regulation of money laundering should apply to all employees of state authorities, administration, justice, (stipulated by the legislation of a number of countries) and public entities with public service functions, and not just so-called officials. Important regulations for the forms and procedures for monitoring civil servants, the availability and effectiveness of the code of ethics and behavior. It is substantiated that the effectiveness of implementing measures to prevent corruption can not be achieved through single and non-systemic actions at different levels, but requires long-term socio-economic, political and legal transformations. This activity should be based on a combination of a number of preventive and repressive measures. Thus, the fight against money laundering and terrorist financing is now considered as a priority direction in counteracting organized crime in most countries of the world and in the world community as a whole.
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Immi Ira Monalisa Saragih. "The Needs of Money Laundering and Tax Evasion Crimes Prevention in the Asean Community". International Journal of Scientific Multidisciplinary Research 1, n.º 5 (30 de junho de 2023): 471–84. http://dx.doi.org/10.55927/ijsmr.v1i5.4619.

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One of the visions and missions of the ASEAN Community is the effort in improving economic, trade and investment cooperation. However it is not uncommon for business doers to double also as a money launderer who intentionally invest the money they get from criminal activities and hiding the illicit money by disguising it into the financial or trading systems, or depositing the money in the banks in ASEAN member countries. Concealing and saving moneys in other countries to make it harder for the law enforcers to trace the origin of the money may be considered an international crime of money laundry. In view of the circumstances of the financial crimes, especially the money laundering and tax evasion, this issue needs to be discussed, addressed and taken into consideration by the ASEAN member countries in order to find solutions for the prevention and eradication of money laundering, corruption and tax evasion crimes among the ASEAN member countries to welcome the ASEAN Community 2025
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4

Sciurba, Michele. "COOPERATION OF INTERNATIONAL INSTITUTIONS ON PUBLIC POLICY FORMATION FOR THE PREVENTION OF MONEY-LAUNDERING". UKRAINIAN ASSEMBLY OF DOCTORS OF SCIENCES IN PUBLIC ADMINISTRATION 1, n.º 11 (24 de janeiro de 2018): 321–28. http://dx.doi.org/10.31618/vadnd.v1i11.38.

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This article is devoted to the research of theoretical and practical issues of international institutions concerning the cooperation on the formation of anti-money laundering state regulation. The article provides an analysis of the main activity fields of intergovernmental institutions in the prevention of launder- ing “dirty” money. It is shown that the goal of consolidating the efforts of interna- tional structures is to integrate standards and recommendations into the mecha- nisms of public administration in order to ensure financial stability and integrity of state development as well as better financial supervision and control by the state.It is noted that the problem of money laundering can not be solved only by creating new organizational forms of state control, extraordinary and punitive measures. It requires understanding of this phenomenon as having an economic, political, ethical, managerial and legal background. The process of state regulation of money laundering should apply to all employees of state authorities, adminis- tration, justice, (stipulated by the legislation of a number of countries) and public entities with public service functions, and not just so-called officials. Important regulations for the forms and procedures for monitoring civil servants, the avai- lability and effectiveness of the code of ethics and behavior. It is substantiated that the effectiveness of implementing measures to prevent corruption can not be achieved through single and non-systemic actions at diffe- rent levels, but requires long-term socio-economic, political and legal transforma- tions. This activity should be based on a combination of a number of preventive and repressive measures.Thus, the fight against money laundering and terrorist financing is now consi- dered as a priority direction in counteracting organized crime in most countries of the world and in the world community as a whole.
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5

Katica, Admir. "Money Laundering and Terrorism Financing in Bosnia and Herzegovina: A Review of the Legislative Framework and Current Situation". Kriminalističke teme 24, n.º 1-2 (18 de julho de 2024): 63–78. http://dx.doi.org/10.51235/kt.2024.24.1-2.63.

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According to the latest report from the Global Initiative on illicit financial flows, it is estimated that money laundering in Bosnia and Herzegovina ranges from 400 million to one billion euros. While the components of illicit financial flows are influenced by various factors, the primary focus is on money laundering through the financial system. Widespread corruption, as empha- sized in international reports, calls for a more decisive response to both corruption and organ- ized crime, especially in the context of money laundering. Criminal laws at the state, entity, and Brčko District levels define the offense of money laundering. The Law on the Prevention of Money Laundering and Financing of Terrorism in Bosnia and Herzegovina clearly stipulates actions for preventing and detecting money laundering, identifying obligated entities and their duties, the competencies of the Financial Intelligence Department (FID), and inter-institutional cooperation, all aimed at preventing money laundering and financing terrorist activities. Ac- cording to various assessments and expert opinions, amendments to this law are necessary for Bosnia and Herzegovina to be more effective in addressing this issue. Risk assessments of mon- ey laundering and the threat of organized crime in Bosnia and Herzegovina identify methods of money laundering and practical deficiencies that need to be identified. The State Investigation and Protection Agency published statistical data and typologies of money laundering for the year 2021, identifying ways in which money obtained through criminal activities is attempted to be legally introduced into the financial system, as well as legalized through the purchase of real estate, luxury vehicles, and the use of cryptocurrencies.
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Cvetković, Dragan, Slađana Vujičić e Sunčica Stanković. "The role of the accountant in preventing money laundering". Trendovi u poslovanju 12, n.º 1 (2024): 27–38. http://dx.doi.org/10.5937/trendpos2401026c.

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Legalization of illegally obtained income, money laundering is an extremely negative social phenomenon, represented both on a national and international scale. The inclusion of illegally acquired income in legal financial flows not only undermines the economic and monetary system, but also undermines the political stability and security of the state. The concern about money laundering has become one of the main preoccupations of governments and financial sector regulatory bodies around the world. One of the state's responses to this negative phenomenon is an effective system for combating money laundering and terrorist financing. A system characterized by partnership between the private and public sectors, coordination and cooperation between competent state authorities and all its participants/obligors. The accounting profession plays an important role in the financial system by facilitating transactions that support the nation's economy. Accountants are obliged to apply and observe the measures and actions prescribed by law related to the prevention of money laundering, thereby ensuring that their services are not used for criminal purposes. The aim of this paper is to expand the spectrum of knowledge about the phenomenon of money laundering and to point out the significant role of accountants in a complex and dynamic process such as the prevention of money laundering.
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Suwitra, I. Ketut, Alwan Hadiyanto e Ciptono Ciptono. "Pencegahan Tindak Pidana Pencucian Uang Melalui Lintas Internasional Dalam Perspektif Undang-Undang Tindak Pidana Pencucian Uang". JURNAL USM LAW REVIEW 7, n.º 2 (14 de julho de 2024): 960. http://dx.doi.org/10.26623/julr.v7i2.9434.

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<p><em>The study aims to acknowledge the legal concepts and prevention of international money-laundering crimes. This research is crucial because there is an increase in money-laundering cases involving international networks, with Indonesia often being the primary location. Money laundering not only threatens economic stability and national security, but also undermines the integrity of the global financial system. Although international standards and regulations have been implemented, the level of compliance between countries is still variable and often has not reached the desired level. This research is a normative law investigation. The results of the research show that the implementation of international standards still requires enhanced international cooperation and tighter monitoring mechanisms. The study also emphasizes the importance of enhancing the capacity of law enforcement and financial institutions in detecting and preventing money-laundering practices through the use of new technologies and training. The proposed solutions include the implementation of tighter sanctions against countries that do not comply with international standards. The conclusion of this study is that the internationalization of anti-money-laundering strategies is an important dynamic aspect in counteracting cross-border money-launching practices. The novelty of this study lies in the in-depth analysis of the level of formal and substantive compliance of countries with international standards, as well as concrete recommendations for improving the effectiveness of international cooperation in the prevention of money laundering.</em></p><p><em> </em></p><p>Penelitian ini bertujuan untuk mengkaji konsep hukum dan pencegahan tindak pidana pencucian uang lintas internasional. Penelitian ini sangat penting karena meningkatnya kasus pencucian uang yang melibatkan jaringan internasional, dengan Indonesia sering menjadi lokasi utama. Pencucian uang tidak hanya mengancam stabilitas ekonomi dan keamanan nasional, tetapi juga merusak integritas sistem keuangan global.. Meskipun standar dan peraturan internasional telah diterapkan, tingkat kepatuhan negara-negara masih bervariasi dan seringkali belum mencapai tingkat yang diinginkan. Penelitian ini adalah penelitain hukum normatif. Hasil penelitian menunjukkan bahwa penerapan standar internasional masih memerlukan peningkatan kerjasama internasional yang lebih erat dan mekanisme pemantauan yang lebih ketat. Penelitian ini juga menekankan pentingnya peningkatan kapasitas institusi penegak hukum dan keuangan dalam mendeteksi dan mencegah praktek pencucian uang melalui penggunaan teknologi baru dan pelatihan. Solusi yang diusulkan termasuk implementasi sanksi yang lebih tegas terhadap negara-negara yang tidak mematuhi standar internasional. Kesimpulan dari penelitian ini adalah bahwa internasionalisasi strategi anti-pencucian uang merupakan aspek dinamis yang penting dalam menanggulangi praktik pencucian uang lintas batas. Kebaruan dari penelitian ini terletak pada analisis mendalam mengenai tingkat kepatuhan formal dan substantif negara-negara terhadap standar internasional, serta rekomendasi konkret untuk meningkatkan efektivitas kerjasama internasional dalam pencegahan pencucian uang.</p><p> </p>
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Ginting, Jamin, e Patrick Talbot. "Fundraising Aspect of International Terrorism Organization in ASEAN: Legal and Political Aspects". Lex Scientia Law Review 7, n.º 1 (30 de maio de 2023): 1–30. http://dx.doi.org/10.15294/lesrev.v7i1.60074.

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Since the Bali Bombing I and Bali Bombing II Tragedy, the seriousness of combating international terrorism have become increasingly apparent. Each member of ASEAN hand in hand together enforces both international cooperation and bilateral cooperation to prevent and counteract, through appropriate domestic measures, the financing of terrorists and terrorist organizations, whether such financing is direct or indirect through organizations. International community efforts to combat terrorism activities, not only comprise the criminalization of terrorists the act criminalization financing of terrorism, and the criminalization of terrorist financing. Since that moment, the topic of money laundering is an inherent element of organized crime, with its strong linkage to terrorism, has found and always will find new methods to satisfy the also new necessities for financing terrorism. ASEAN already make a policy about terrorism which is the convention on counter-terrorist called ASEAN Convention on Counter-Terrorism (ACCT). The convention of ACCT, in article 6 Areas of Cooperation, ASEAN emphasizes the prevention of giving the fund to the terrorist group. Indonesia had given responses to financing terrorism by ratifying The International Convention for the Suppression of the Financing of Terrorism, 1999, and subsequently with the enacted Law Number 6 Year 2006 and also enacted the new Prevention and Eradication Money Laundering Offence, Law Number 8 of 2010.
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Aksa, Aksa, Alwan Hadiyanto e Ciptono Ciptono. "Upaya Pemberantasan Tindak Pidana Pencucian Uang oleh Pusat Pelaporan Dan Analisis Transaksi Keuangan Melalui Kerjasama Internasional". JURNAL USM LAW REVIEW 7, n.º 2 (3 de junho de 2024): 586. http://dx.doi.org/10.26623/julr.v7i2.8896.

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<p><em>The study aims to examine the efforts of the Centre for Reporting and Analysis of Financial Transactions (PPATK) to combat the crime of money laundering through international cooperation. This research is becoming crucial in this era of globalization. Transnational crimes such as money laundering often involve complex networks that cross different jurisdictions, requiring an effective inter-state coordinated response. Emergency research formulates better policies and more advanced investigative techniques to combat money laundering effectively and reduce its negative impact on global economic and social stability. The novelty of this research lies in its in-depth study of international and national cooperation in the prevention and suppression of money laundering crime, a topic of great relevance in the era of globalization. This research method uses Yuridis Normative. Cross-country co-operation in tackling money-laundering is vital, both nationally and nationally with international agencies such as UNTOC and FATF. The role of norms, legal frameworks, and theoretical perspectives in shaping cooperative efforts between countries in the fight against money laundering. </em></p><p><em> </em></p><p align="center"> </p><p>Penelitian ini bertujuan untuk mengkaji upaya pemberantasan tindak pidana pencucian uang (TPPU) oleh Pusat Pelaporan Dan Analisis Transaksi Keuangan (PPATK) melalui kerjasama internasional. Penelitian ini menjadi sangat penting di era globalisasi ini. Kejahatan transnasional seperti pencucian uang sering melibatkan jaringan yang kompleks yang melewati berbagai yurisdiksi, sehingga membutuhkan respons koordinasi antarnegara yang efektif. Urgensi penelitian memformulasikan kebijakan yang lebih baik dan teknik investigasi yang lebih maju untuk memerangi pencucian uang secara efektif dan mengurangi dampak negatifnya terhadap kestabilan ekonomi dan sosial global. Novelty penelitian ini terletak pada kajiannya yang mendalam mengenai kerjasama internasional dan nasional dalam pencegahan dan pemberantasan tindak pidana pencucian uang, sebuah topik yang sangat relevan di era globalisasi. Metode penelitian ini menggunakan Yuridis Normatif. Kerjasama lintas negara dalam mengatasi masalah pencucian uang sangat penting, baik anta negara maupun negara dengan lembaga inetrnasional seperti UNTOC dan FATF Peran norma, kerangka hukum, dan perspektif teoritis dalam membentuk upaya kolaboratif antara negara dalam memerangi pencucian uang.</p><p> </p>
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Novikov, Vladislav Sergeevich. "International legal system for combating money laundering and unfair tax competition". Юридические исследования, n.º 9 (setembro de 2023): 40–69. http://dx.doi.org/10.25136/2409-7136.2023.9.43402.

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Worldwide efforts to eliminate bank secrecy and foster transparency in international currency flows have accelerated significantly in recent years. The identification of tax havens and potentially harmful tax practices and regimes gives rise to a considerable potential for preventing distortions and violations that could undermine the benefits of enhanced capital mobility in today’s global economy. In the light of the aforementioned, the aim of this article is to detail: 1. efforts of the Organization for Economic Cooperation and Development (OECD) to eliminate «unfair tax competition»; 2. efforts of the Financial Action Task Force on Money Laundering (FATF) to reduce international money laundering; 3. steps being taken in the European Union (EU) to combat money laundering and tax evasion. The author analyzes the OECD's efforts to create a firm international platform for global tax information exchange. The Article also touches upon the FATF initiatives to combat money laundering: a) the FATF Forty Recommendations setting out a comprehensive and consistent framework of international standards which countries should implement in order to combat money laundering and terrorist financing; b) identification of jurisdictions which have the substantial and on-going money laundering and terrorist financing risks and strategic deficiencies; c) inclusion of certain anti-money laundering recommendations applicable to business and professions beyond the financial services industry; d) ongoing investigations of compliance with the Forty Recommendations by FATF members and by other states (mutual evaluations); e) helping national governments and financial institutions to ensure adequate and accurate information on the beneficial ownership. In the last part of the Article, the author analyses enforcement measures to combat money laundering adopted in the EU that go further beyond FATF recommendations.
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Ceku, Orhan Maxhun, Sheqir Kutllovci, Ardian Emini e Petrit Nimani. "Money laundering as a form of economic criminality – The case of the Republic of Kosovo". International Journal of Management Excellence 12, n.º 3 (30 de abril de 2019): 1860–66. http://dx.doi.org/10.17722/ijme.v12i3.1083.

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Economic criminality is a criminal activity that violates the economic and property values of the state, harms the public budget, and causes losses to economic entities, harms society in general. Combating and preventing this criminal activity that takes on transnational crime dimensions requires repressive legislation and international cooperation of sovereign states. Republic of Kosovo is assessed as a country that has largely expressed the phenomenon of economic criminality, in particular, money laundering, corruption, tax evasion, trafficking in human beings and as a transit country of drug trafficking.This paper addresses the legislation that prevents and fights the criminal offense of money laundering in the Republic of Kosovo. The paper also includes international instruments that regulate the fight against money laundering. The negative effects of the criminal offense of money laundering appear to be more pronounced in small countries and with non-consolidated democracies such as Kosovo. Kosovo's legislation has been continuously adapted to the conditions and circumstances by taking the pattern of EU legislation and international conventions of the UN system.
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Shapovalov, Valentyn, Oleksandr Veits e Andrii Diachenko. "Modern Illegal Drug Business in Ukraine: Multidisciplinary Study of the System of Prevention and Countermeasures Against the Legalization of Income (Money Laundering) Obtained by Criminal Means". SSP Modern Law and Practice 4, n.º 2 (14 de maio de 2024): 1–27. http://dx.doi.org/10.53933/sspmlp.v4i2.145.

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Established that the modern illegal drug trade is an integral part of transnational organized crime, involving the laundering of proceeds obtained through criminal activities. A comprehensive multidisciplinary study was conducted to evaluate the effectiveness of Ukraine's efforts to combat the contemporary drug trade and to analyze the international system for preventing and countering the legalization of illicit income (money laundering). This study confirmed the connection between transnational organized crime and the laundering of money derived from the illegal trafficking of banned psychoactive substances. The research emphasized the critical need to enhance the criminal and legal frameworks, improve medical and pharmaceutical support, and expand social and economic assistance. By examining the global experience in combating organized crime and drug-related offenses, the study provided valuable insights into effective strategies. Particular attention was given to forensic pharmaceutical practices related to the detection of prohibited psychoactive substances and the legalization of income from their illicit trade. To address these challenges, the study recommends increasing the criminal liability for members of organized drug trafficking gangs and suggests specific amendments to articles 115, 305, and 307 of the Ukrainian Criminal Code. Furthermore, a detailed analysis of the European Union’s roadmap and international cooperation efforts in combating the illegal circulation of prohibited psychoactive substances and the laundering of illegal profits was conducted. Normative initiatives aimed at amending Article 209 of the Ukrainian Criminal Code were developed and proposed. The study indicated the importance of implementing the EU Roadmap measures in Ukraine to foster cooperation among various private and public institutions. This collaborative approach aims to coordinate joint actions, conduct research, and organize conferences and training sessions based on the EMCDDA European prevention program and UN initiatives. The study underscores the relevance, timeliness, and practical significance of engaging the international community, including scientists, medical professionals, pharmacists, students, the public, legal experts, law enforcement, and government authorities. Through this multidisciplinary approach, the study seeks to promote a more effective and coordinated response to the challenges posed by the modern drug trade and its associated criminal activities.
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Wilson, Claire. "The recent formulation of “having reasonable grounds to believe”". Journal of Money Laundering Control 21, n.º 2 (8 de maio de 2018): 149–62. http://dx.doi.org/10.1108/jmlc-04-2017-0012.

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Purpose The purpose of this study is to analyse the challenges in devising a suitable formulation to determine whether a person had reasonable grounds to believe that property dealt with represented the proceeds of an indictable crime in the context of money laundering offences. The paper also examines the Hong Kong Court of Final Appeal’s recent formulation in HKSAR v. Yeung Ka Sing, Carson (decided July 2016) and evaluates international standards. Design/methodology/approach The methodology adopted is partly a technical analysis of the various interpretations of “having reasonable grounds to believe” alongside a comparative approach drawing on international standards of the mens rea threshold and the position in the UK. Findings The findings are that the Court of Final Appeal’s formulation of “having reasonable grounds to believe” is the best possible outcome given the confines of the statutory provisions. The study confirms that the threshold set by the Court of Final appeal surpasses international standards; however, it argues that current international standards are in need of review. Originality/value This paper offers insight into the latest mens rea threshold of “having reasonable grounds to believe” in the context of Hong Kong’s anti-money laundering laws and compares international standards of the mens rea threshold. The discussion is of value to a wide audience both in Hong Kong and globally. It aims to provide guidelines to legal practitioners, law enforcement personnel, persons in the private and public sectors, academics and members of the public. This paper also seeks to provoke discussion as to whether international standards on the mens rea threshold should be reviewed with a view to strengthening international cooperation on the prevention of money laundering.
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Demirović, Lejla, Ševala Isaković-Kaplan e Mahir Proho. "Risk Management of Preventing Money Laundering and Terrorist Financing". Journal of Forensic Accounting Profession 2, n.º 2 (1 de dezembro de 2022): 14–43. http://dx.doi.org/10.2478/jfap-2022-0007.

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Abstract Aware of the danger that the risk of money laundering and terroist financing has on the whole society, and with the aim of increasing awareness of the effective fight against the same risk in Bosnia and Herzegovina (BiH), the paper deals with the research of mechanisms for managing the risk of money laundering and terrorist financing activities. The research of this work will be focused on determining the degree of application of the requirements of the legislative and institutional framework for the fight against money laundering and terrorist financing by those obliged to apply law. Also, the paper points to the cooperation of state institutions with entities of the BiH, and examines the degree of compliance of the BiH system with international standards related to the fight against money laundering and terrorist financing. In order to assess the management of this risk as efficiently as possible, the paper will cover financial and non-financial money transfer systems, and indicate the level of measures taken in this fight by the competent institutions. For the purposes of research in the paper, the data published by the competent institutions through their reports/publications will be used, with a special focus on the data published by the Banking Agency of the Federation of Bosnia and Herzegovina as the legal entity that reported the largest number of suspicious transactions in the analyzed period. The results of the research indicate that there is no concern regarding the management of the risks of money laundering and terrorist financing in BiH, and that the risk can be quantified in the category of moderate risk.
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Cabana, Patricia Faraldo. "Improving the Recovery of Assets Resulting from Organised Crime". European Journal of Crime, Criminal Law and Criminal Justice 22, n.º 1 (2014): 13–32. http://dx.doi.org/10.1163/15718174-22012037.

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Over the last few years, the international community as well as States have committed themselves to improving mechanisms for preventing and repressing money-laundering and for confiscation, in particular in the context of organised crime. In spite of this standardising effort, in several national systems the level of application of the offence of money laundering by judges and courts is less than satisfactory. Existing legal mechanisms aimed at confiscating assets of criminal origin are not giving the expected results. The intended aim of this work is to put forward solutions to the practical challenges in order to help legal measures being effective in practice, taking into account the differences between national legal cultures. In order to define the topic, after an introduction to the difficulties of implementing international standards, the paper focuses in particular on overcoming internal obstacles, not on aspects relating to international cooperation.
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Maggs, P. "The United States and global regulation of convertible virtual currencies". Courier of Kutafin Moscow State Law University, n.º 2 (10 de abril de 2020): 58–69. http://dx.doi.org/10.17803/2311-5998.2020.66.2.058-069.

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The regulation of convertible virtual currencies (for instance Bitcoin) is an area both of global cooperation and global competition. On the one hand, virtual currencies create serious problems of payment for illegal transactions, money laundering, tax evasion, and consumer fraud. On the other hand such currencies, have the potential to lower the costs of commercial and consumer transactions and to facilitate international trade. Both dealing with the problems and realizing the potential of virtual currencies require international cooperation.There is no uniformity in national legislation on virtual currency. A recent survey of over 100 countries showed a wide variation in both the amount and methods of regulation 2 . While, at this stage, experimentation with various types of regulation may help discover better ways to deal with this currency, on the other hand, there is a real danger that some countries will be come unregulated virtual currency havens where the worst aspects of virtual currency can flourish.This article will look at United States law, and also at existing and needed international cooperation in the areas of taxation, investor protection, consumer protection, monetary regulation, and crime prevention.
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Melnyk, Dmytro, e Pavlo Lavryk. "The formation of legal base for regulation of cryptocurrency circulation in Ukraine as an important component of counteraction to their use for illegal purpose". Collection of Ukrainian Research Institute of Special Equipment and Forensic Expertise of the Security Service OF Ukraine, n.º 1 (28 de janeiro de 2021): 9–21. http://dx.doi.org/10.54658/ssu.27097978.2021.1.pp.9-21.

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The article highlights the current problematic aspects of formation of the organizational and legal principles for cryptocurrency circulation, as well as the threats posed by their uncontrolled circulation, identifies the main areas of improvement of its legislative regulation. It was concluded about the necessity of international standards implementation for regulating activities in the field of creation and circulation of cryptocurrencies, their control and monitoring, identification and investigation of related illegal activities, establishment of public-private partnership and development of international cooperation in this area. The experience of EU countries in determining the legal status of cryptocurrency is highlighted. The new edition of the Law of Ukraine «On Prevention and Counteraction to Legalization (Laundering) of Proceeds of Crime, Financing Terrorism and Financing the Proliferation of Weapons of Mass Destruction» is analyzed, the content of which provides a number of innovations for organizing monitoring of the use of virtual (digital) assets as a means of calculating and combating money laundering money and terrorism financing using cryptocurrency. Legislative innovations of implementation of the updated FATF recommendations on counteraction to money laundering and financing of terrorism with use of cryptocurrencies are covered: improvement of the state policy in the field of counteraction to use of cryptocurrencies in illegal activity is necessary; coordination of work of controlling and law enforcement bodies of Ukraine on counteraction to use of cryptocurrencies for illegal purposes and their interaction competent authorities of foreign states; the latest forms and methods of detection and termination of activities related to the use of cryptocurrencies for illegal purposes; analysis of potential risks and threats of using cryptocurrencies for illegal purposes; blocking the propaganda of the possibility of using cryptocurrencies as a means of payment in illegal activities and to finance its various forms; conducting legal work with the target audience on the inadmissibility of using cryptocurrencies for illegal purposes and the necessity of immediate informing the authorities about the identified cases.
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Ni Made Trisna Dewi e Agus Surya Manika. "PERANAN PERBANKAN DALAM UPAYA MEMBANTU TUGAS PUSAT PELAPORAN DAN ANALISIS TRANSAKSI KEUANGAN (PPATK) MENCEGAH TERJADINYA PENCUCIAN UANG". Kerta Dyatmika 21, n.º 2 (13 de agosto de 2023): 36–47. http://dx.doi.org/10.46650/kd.21.2.1427.36-47.

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Pembentukan lembaga khusus yang menangani masalah pencucian uang di Indonesia diatur dalam Pasal 18 Undang-Undang Republik Indonesia Nomor 8 Tahun 2010 tentang Pencegahan dan Pemberantasan Tindak Pidana Pencucian Uang. Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK) merupakan lembaga independen yang mempunyai tugas dan wewenang dalam rangka mencegah dan memberantas tindak pidana pencucian uang, dan tugas membantu penegakan hukum yang berkaitan dengan tindak pidana pencucian uang yang bertanggung jawab langsung kepada Presiden. Rumusan masalah dalam penelitian ini adalah : bagaimanakah penyedia jasa keuangan (Bank) dalam upaya membantu Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK) mencegah terjadinya tindak pidana pencucian uang dan hambatan-hambatan apa dan bagaimana upaya penyedia jasa keuangan dalam upaya membantu Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK) mencegah terjadinya pencucian uang. Metode penelitian yang dipergunakan dalam penelitian ini adalah penelitian hukum normatif. Jenis pendekatanyang dipergunakan dalam penelitian hukum normatif yaitu pendekatan perundang-undangan (the statue approach) pendekatan fakta (fact approach), dan pendekatan analisis konsep hukum (analitical conceptual approach). Hasil penelitian ini sebagai berikut: Penyedia jasa keuangan (Bank) dalam upaya membantu Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK) mencegah terjadinya tindak pidana pencucian uang memiliki tugas pokok membantu penegak hukum dalam mencegah dan menanggulangi tindak pidana pencucian uang dengan cara memberikan informasi intelijen yang dihasilkan dari analisis laporan-laporan yang disampaikan kepada PPATK. Hambatan-hambatan penyedia jasa keuangan dalam upaya membantu Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK) mencegah terjadinya pencucian uang antara lain : adanya loopholes di dalam peraturan industri jasa keuangan, hambatan dari peraturan perundang-undangan lain, hambatan di dalam dalam kerja sama internasional baik oleh ekskutif maupun yudikatif dan tidak memadainya sumber daya untuk mencegah dan mengetahui kegiatan money laundering, misalnya tidak adanya financial intelligent unit. Upaya yang dilakukan antara lain dengan menetapkan peraturan perundang-undangan Undang-Undang Nomor 23 Tahun 1999 tentang Bank Indonesia, Undang-Undang Nomor 24 Tahun 1999 tentang Lalu Lintas Devisa dan Sistem Nilai Tukar dan Ketentuan Bank Indonesia. The establishment of a special institution that handles money laundering in Indonesia in Article 18 of the Republic of Indonesia Law No. 8 of 2010 concerning Prevention and Eradicating Money Laundering. The Financial Transaction Reports and Analysis Center (PPATK) is also an independent institution that has the duty and authority to prevent and eradicate money laundering, and the task of assisting law enforcement related to money laundering that is directly responsible to the President. The formulation of the problem in this research is: how is the financial service provider (Bank) in an effort to help the Financial Transaction Reports and Analysis Center (PPATK) prevent the occurrence of money laundering crimes and what obstacles and how the efforts of financial service providers in an effort to assist the Reporting and Analysis Center Financial Transactions (PPATK) prevent money laundering. The research method used in this study is normative legal research, namely by describing existing problems which are subsequently discussed and studied based on legal theories and then linked to the applicable laws and regulations in legal practice. So the problems that occur and emerge are assessed based on the applicable legal rules. The types of approaches used in normative legal research are the statutory approach (the statue approach) fact approach, and the analytical conceptual approach. The conclusions in this study are as follows: Financial service providers (Banks) in an effort to assist the Financial Transaction Reports and Analysis Center (PPATK) to prevent the occurrence of money laundering crimes has the main task of helping law enforcement agencies in preventing and overcoming money laundering crimes by providing intelligence information resulting from the analysis of reports submitted to the PPATK. Barriers to financial service providers in efforts to help the Financial Transaction Reports and Analysis Center (PPATK) prevent money laundering include: the presence of loopholes in financial service industry regulations, barriers from other laws and regulations, barriers in good international cooperation by executives or the judiciary and inadequate resources to prevent and find out about money laundering activities, for example the absence of a financial intelligent unit. The efforts carried out include setting Narcotics, Act Number 23 of 1999 concerning Bank Indonesia, Act Number 24 of 1999 concerning Foreign Exchange Flows and the Exchange Rate System and Bank Indonesia Regulations.
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Hrabchuk, I., e O. Hrabchuk. "The mechanism of interaction between subjects of financial monitoring and subjects of implementation of the law enforcement function". Society and Security, n.º 1(2) (17 de abril de 2024): 77–83. http://dx.doi.org/10.26642/sas-2024-1(2)-77-83.

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The relevance of the study is determined by the need to effectively detect, stop and investigate financial crimes, including money laundering, terrorist financing and other violations. The purpose of the research is to study the peculiarities of the cooperation of financial monitoring subjects and law enforcement agencies in the fight against the financing of terrorism and to determine directions for its improvement in Ukraine. The methodological basis of this research is general scientific and special methods. Such methods as analysis and synthesis, deduction and induction, normative and positive analysis, systematization, structural-logical, statistical were used. The interaction of financial monitoring subjects and law enforcement agencies in the system of combating the financing of international terrorism was studied and the role of the State Financial Monitoring as the main connecting link in the effectiveness of this interaction was determined. In the course of the analysis of the messages received by the State Financial Monitoring Service and the materials transferred by this institution to law enforcement agencies, the factors that influenced their dynamics and structure were identified (a change in the approach to the detection of financial transactions with signs of financial monitoring, introduced by the new Law of Ukraine "On Prevention and Counteraction of Legalization ( money laundering), the financing of terrorism and the financing of the proliferation of weapons of mass destruction", as well as the martial law introduced in Ukraine, the nature of financial transactions and the bodies created and whose functions include the processing of materials for such transactions). Differences regarding the organization of cooperation between the specified subjects in different countries of the world are due to both the general policy in the country and the corresponding nature of the anti-legalization legislation. Mechanisms of cooperation between financial monitoring subjects and law enforcement agencies have been defined, which should include: exchange of experience and training in the form of regular meetings, establishment of online information exchange during joint activities to investigate financial crimes.
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Patskan, V. V. "INTERNATIONAL ACCOUNT COOPERATION THE CHAMBER AS THE SUPREME AUDIT AUTHORITY OF UKRAINE WITHIN THE BILATERAL AND MULTILATERAL FRAMEWORK INTERNATIONAL TREATIES". Actual problems of native jurisprudence, n.º 06 (2 de março de 2020): 96–101. http://dx.doi.org/10.15421/3919102.

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The article is devoted to the International cooperation of the Accounting Chamber as the supreme audit institution of Ukraine in the framework of bilateral and multilateral international treaties. International cooperation is an important tool for the institutional development of the Accounting Chamber and for enhancing its ability to perform the functions of the supreme audit institution of Ukraine. In the framework of bilateral and multilateral international treaties as well as in the framework of bilateral cooperation, international cooperation provides for the exchange of experience and knowledge in order to improve the external state audit, as well as to carry out international coordinated parallel audits in important areas for Ukraine. The Accounting Chamber carries out international cooperation in the following main areas: development of bilateral and multilateral cooperation with the SAA of foreign countries; cooperation with the European Organization of Supreme Audit Institutions (EUROSAI) and the International Organization of Supreme Audit Authorities (INTOSAI); ensuring the activities of the EUROSAI Working Group on the audit of funds allocated for the prevention and remediation of disasters, chaired by the Accounting Chamber; Participation in EUROSAI Working Groups and Task Forces (Environmental Audit; Information Technology and Municipal Audit); Participation in INTOSAI Working Groups (Environmental Audit; Public Debt; Anti-Corruption and Money Laundering); participation in work of other regional associations of the SBI; cooperation with international organizations and participation in international technical assistance projects and programs; the participation of the Accounting Chamber in audits of programs financed by the European Union; organizing and conducting international coordinated concurrent audits with the participation of members of the Working Group on Audit of Funds Allocated for Disaster Prevention and Elimination. International cooperation of the Accounting Chamber as the supreme audit institution of Ukraine in the framework of bilateral and multilateral international treaties is essential for the effective operation of the Accounting Chamber as the supreme audit body of Ukraine, the development of bilateral and multilateral partnerships of Ukraine with other countries of the world, ensuring a high level of trust on the part of society other state authorities, the international community, the highest audit bodies of certain foreign countries. Important in this cooperation is also to ensure the implementation of bilateral international treaties, as well as to carry out, on their basis, parallel audits by the Accounting Chamber and the supreme audit institution of the countries concerned. International cooperation of the Accounting Chamber as the supreme audit body of Ukraine in the framework of bilateral and multilateral international treaties is also an important guarantee for proper control over the flow of funds to the State Budget of Ukraine and their use, as well as ensuring the transparency of the work of the Accounting Chamber and the integrity of its members and officials, its functioning as the supreme audit body of Ukraine.
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Hrytsyshen, Dymytrii, Iryna Hrabchuk, Oleksandr Hrabchuk, Valentyna Ksendzuk e Serhii Lysak. "An Assessment of Financial Monitoring Systems: Ukrainian and Foreign Experience". Comparative Economic Research. Central and Eastern Europe 27, n.º 2 (28 de junho de 2024): 157–73. http://dx.doi.org/10.18778/1508-2008.27.17.

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The study characterizes financial monitoring as part of the system for preventing and counteracting the legalization of income and the financing of terrorism. The purpose of the research is to study the experience of how national financial monitoring systems function (in the UK, USA, China, Georgia, Moldova, Pakistan, Poland and Ukraine) in order to determine development directions and identify implementation opportunities in domestic practice. The research methods include induction, analysis and synthesis, static, comparative and graphical methods. The research methodology is based on the analysis of official static data and information materials from the official websites of international organizations and competent national authorities. The article analyzes the statistical data of the state bodies of Ukraine in terms of their activities in the field of combating the financing of terrorism. It also constructs profiles to assess the effectiveness of anti‑money laundering systems as well as the handling of proceeds of crime and financing of terrorism in a number of countries, following the FATF (Financial Action Task Force) methodology. The results demonstrate that all national financial monitoring systems must comply with the requirements of the FATF. However, it is also necessary to consider the national characteristics of each country. Directions for further improvement of the financial monitoring system in Ukraine have been identified, i.e., enhance international cooperation, prevent the use of legal entities and organizations for criminal purposes, improve investigation and prosecution procedures for money laundering, especially considering international assistance received in the fight against Russian aggression, review investigation procedures and criminal prosecution in financing terrorism, and apply financial sanctions for the financing of terrorism.
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Umar, Bello, Martins Mustapha Abu e Zayyanu Mohammed. "Strategies for preventing illicit financial flows in developing countries". Journal of Money Laundering Control 23, n.º 3 (1 de maio de 2020): 601–8. http://dx.doi.org/10.1108/jmlc-02-2020-0017.

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Purpose This paper aims to critically review the strategies for prevention of illicit financial flows to and from developing countries with a view of ascertaining the most effective strategies to be selected and implemented by developing countries to stem the scourge. Design/methodology/approach The peer-reviewed journal articles were studied; those that discussed illicit financial flows were selected and reviewed critically using the systematic quantitative assessment techniques together with an output table. Findings The critical review deduced that enacting effective trade laws, trade regulations, creating a beneficial ownership registry, multinational companies disclosing information on business, automatic exchange of information on tax issues, the Financial Action Task Force 40 guidelines on anti-money laundering and countering financing of terrorism and domestic and international cooperation are the most reliable strategies that should be implemented by developing countries. Research limitations/implications The wide geographic scope of developing countries, use of only high-quality databases that restricted the use of other articles and use of public sector perspective are the limitations for this paper. Originality/value This study is amongst the limited works to discuss the most reliable and effective strategies to prevent illicit financial flows in developing countries.
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Ibraj, Bajram. "Cooperation Between Albania and Kosovo and Its Impact in Strengthening the Rule of Law Against Transnational Organized Crime, 2008-2015". European Journal of Interdisciplinary Studies 2, n.º 4 (1 de dezembro de 2016): 85. http://dx.doi.org/10.26417/ejis.v2i4.p85-91.

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Transnational organized criminal activities and local activities have affected both countries, Albania and Kosovo. Meanwhile, transnational crime with transnational and local base Albania-Kosovo, is of interest and influence, therefore, it is suggested that the cooperation between the Republic of Albania and the Republic of Kosovo in this regard be serving in law enforcement institutions in Albania and within law enforcement institutions in Kosovo. Transnational organized crime, terrorism, corruption and money laundering are global security threats and local, regional and international sources of crises. Organized crime knows no nationality, no countries, borders, homeland, race, ethnicity, religion and religious beliefs. That is why it is required cooperation in the fight against transnational organized crime and transnational organized crime to be implemented permanently with the main goal of the strategy implementation, action plans, joint operations between the two countries, Albania and Kosovo. Important role in this association play their respective law enforcement institutions such as the police of the two countries, prosecutions, courts and other institutions. While international cooperation is realized with major international organizations like the UN, the EU, Interpol, Europol, SECI center etc. During the years 2002-2015 between the governments, ministries of internal and Police of the Republic of Albania and the Republic of Kosovo hav signed several agreements, memoranda of understanding and common protocols. Interstate and transnational cooperation through the tabulation and graphs presented and seek to build strategies, institutions, measures, operations and joint actions with preventive, managers and common problem solvers of security and the fight against transnational organized crime. Consolidation of security in Albania and Kosovo, is closely associated with the construction, consolidation and functioning of the rule of law, and the rule of law, reaching freedom and respect for fundamental human rights. Albania-Kosovo cooperation significantly affects the strengthening of the rule of law against transnational organized crime. This cooperation is a necessary precondition for the prevention of conflicts and internal, external and regional crises, in order to achieve security and human rights and freedom.
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Ibraj, Bajram. "Cooperation Between Albania and Kosovo and Its Impact in Strengthening the Rule of Law Against Transnational Organized Crime, 2008-2015". European Journal of Interdisciplinary Studies 6, n.º 1 (1 de dezembro de 2016): 85. http://dx.doi.org/10.26417/ejis.v6i1.p85-91.

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Transnational organized criminal activities and local activities have affected both countries, Albania and Kosovo. Meanwhile, transnational crime with transnational and local base Albania-Kosovo, is of interest and influence, therefore, it is suggested that the cooperation between the Republic of Albania and the Republic of Kosovo in this regard be serving in law enforcement institutions in Albania and within law enforcement institutions in Kosovo. Transnational organized crime, terrorism, corruption and money laundering are global security threats and local, regional and international sources of crises. Organized crime knows no nationality, no countries, borders, homeland, race, ethnicity, religion and religious beliefs. That is why it is required cooperation in the fight against transnational organized crime and transnational organized crime to be implemented permanently with the main goal of the strategy implementation, action plans, joint operations between the two countries, Albania and Kosovo. Important role in this association play their respective law enforcement institutions such as the police of the two countries, prosecutions, courts and other institutions. While international cooperation is realized with major international organizations like the UN, the EU, Interpol, Europol, SECI center etc. During the years 2002-2015 between the governments, ministries of internal and Police of the Republic of Albania and the Republic of Kosovo hav signed several agreements, memoranda of understanding and common protocols. Interstate and transnational cooperation through the tabulation and graphs presented and seek to build strategies, institutions, measures, operations and joint actions with preventive, managers and common problem solvers of security and the fight against transnational organized crime. Consolidation of security in Albania and Kosovo, is closely associated with the construction, consolidation and functioning of the rule of law, and the rule of law, reaching freedom and respect for fundamental human rights. Albania-Kosovo cooperation significantly affects the strengthening of the rule of law against transnational organized crime. This cooperation is a necessary precondition for the prevention of conflicts and internal, external and regional crises, in order to achieve security and human rights and freedom.
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Kurniawan, Wan Rahmat, Alwan Hadiyanto e Ciptono Ciptono. "Tindak Pidana Perdagangan Orang Dalam Perspektif Tindak Pidana Pencucian Uang Di Indonesia". JURNAL USM LAW REVIEW 7, n.º 2 (8 de junho de 2024): 688. http://dx.doi.org/10.26623/julr.v7i2.8900.

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<p><em>The study aims to examine the effectiveness of the implementation of the Act No. 21 of 2007 on the Suppression of Trafficking in Persons (TPPO) from the perspective of the Penal Procedure for Money Laundering (TPPU) in Indonesia. The background to this study is an increasing number of human trafficking cases followed by money laundering, which is a complex and difficult transnational crime. The urgency of this research lies in the need to understand the linkages between the TPPO and the TPPU in order to develop a more effective strategy for dealing with and preventing the two crimes. Research methods use normative jurisprudence. The novelty of this research lies in a comprehensive approach that connects the TPPO with the TPPU through integrated financial analysis and law enforcement. The findings show that the operandi mode of TPPO perpetrators often involves money laundering to cover up illegal funding sources. This research uses normative juridic methods. The findings of the study reveal that the Indonesian law enforcement system still faces significant challenges in addressing the TPPO and TPPU, especially in relation to data integration between law enforcement agencies, immigration, and colonization. The research recommendations include strengthening the legal framework, improved protection for victims, and the development of a more comprehensive policy for crime prevention. This research reaffirms the importance of international cooperation and the use of information technology.</em></p><p> </p><p>Penelitian ini bertujuan untuk mengkaji efektivitas penerapan Undang-Undang Nomor 21 Tahun 2007 tentang Pemberantasan Tindak Pidana Perdagangan Orang (TPPO) dalam perspektif tindak pidana pencucian uang (TPPU) di Indonesia. Meningkatnya kasus perdagangan orang yang diikuti dengan pencucian uang, yang merupakan kejahatan transnasional kompleks dan sulit diatasi. Urgensi penelitian ini terletak pada kebutuhan untuk memahami keterkaitan antara TPPO dan TPPU guna mengembangkan strategi yang lebih efektif dalam menindak dan mencegah kedua kejahatan tersebut. Metode penelitian menggunakan yuridis normatif. <em>Novelty</em> penelitian ini terletak pada pendekatan komprehensif yang menghubungkan TPPO dengan TPPU melalui analisis keuangan dan penegakan hukum yang terintegrasi. Hasil penelitian menunjukkan bahwa modus operandi pelaku TPPO sering kali melibatkan pencucian uang untuk menyamarkan sumber dana ilegal. Penelitian ini menggunakan metode yuridis normatif. Temuan penelitian mengungkapkan bahwa sistem penegakan hukum di Indonesia masih menghadapi tantangan signifikan dalam mengatasi TPPO dan TPPU, terutama terkait dengan integrasi data antara lembaga penegak hukum, imigrasi, dan kependudukan. Rekomendasi penelitian ini mencakup penguatan kerangka hukum, peningkatan perlindungan bagi korban, dan pengembangan kebijakan yang lebih komprehensif untuk pencegahan kejahatan. Penelitian ini menegaskan pentingnya kerjasama internasional dan penggunaan teknologi informasi.</p>
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Lyeonov, S., O. Kuzmenko, V. Koibichuk e D. Horai. "COMPARATIVE ANALYSIS OF SUPERVISORY AND REGULATORY SUPPORT OF FINANCIAL MONITORING AND CYBER SECURITY PROCEDURES". Vìsnik Sumsʹkogo deržavnogo unìversitetu 2021, n.º 3 (2021): 162–69. http://dx.doi.org/10.21272/1817-9215.2021.3-18.

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Ways to improve the procedures of financial monitoring, cybersecurity organizations in the transition of the state economy to digital format, the development of innovative digitization, the level of information awareness of society is an urgent task today. In the absence of a consensus on the application of specific international law in the field of cybersecurity, individual states unilaterally determine their national positions. Therefore, it is important to determine the specifics of each system for safe and correct organization of mutually beneficial cooperation, on the one hand, and to improve their own practices and procedures to combat money laundering, gain qualitatively new knowledge on the least manifestations of risks and their prevention. stage of origin, on the other hand. The article presents a comparative analysis of the legal support of cyber defense and cybersecurity of the financial system and information and communication technologies of Germany, Poland, Ukraine, the United States, Switzerland, and the European Union. The generalized algorithm of financial monitoring is considered in the context of EU member states, based on the current provisions of Directive 2018/843 / EU of the European Parliament and of the Council of Europe on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing. The main provisions on which the European Commission’s algorithm is based are: open access to the registers of beneficial owners of companies, which increases the transparency of the analyzed information on financial transactions; transparency of information about trusts and similar structures; expanding the range of obligated entities (suppliers of e-wallets and virtual currency exchange platform); strengthening the capacity of the competent Financial Intelligence Units of the European Union to request, receive and use information from obligated entities; compliance with the criteria for verification of financial transactions carried out with the involvement of countries with a high degree of risk. The results obtained on the organization of a well-developed roadmap for financial monitoring on the example of the European Union serve as a basis for short- and long-term cybercultural modifications for both economic agents and the state.
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Utkina, Maryna. "The role of international organisations in the development of the financial monitoring system". Visegrad Journal on Human Rights, n.º 2 (29 de dezembro de 2023): 162–66. http://dx.doi.org/10.61345/1339-7915.2023.2.24.

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The work aims to explore and highlight the crucial role of international organisations in developing the financial monitoring system. By setting global standards, providing capacity-building support, facilitating information sharing, conducting assessments, advocating policy measures, and promoting international coordination, these organisations contribute to preventing and detecting illicit financial activities. The methodological basis of the study involves a combination of qualitative research methods, a literature review, and an analysis of relevant documents and reports from international organisations. The author used the given methods to achieve the goal of the article: (1) literature review; (2) analysis of international organisation documents; (3) qualitative research methods, and (4) comparative analysis. Results. International organisations play a crucial role in setting global standards and guidelines for anti-money laundering and combating the financing of terrorism. These standards provide a framework for countries to develop their domestic legislation and establish effective financial monitoring systems. They provide extensive capacity-building support to countries, assisting them in implementing and enforcing financial monitoring standards. International organisations facilitate the exchange of information among countries, enabling them to identify and track illicit financial activities across borders. Conclusions. International organisations play a vital role in developing the financial monitoring system. They serve as platforms for cooperation, coordination, and information exchange among countries, helping to establish global standards, guidelines, and best practices. Their collective efforts contribute to preventing and detecting illicit financial activities, fostering integrity and stability in the global financial system.
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Chornyi, Serhii, Serhii Ostrovskyi e Oleksandr Gaponov. "INTERACTION OF INTERPOL UKRBUREAU UNITS WITH THE STATE MIGRATION SERVICE OF UKRAINE TO COMBAT ECONOMIC CRIMES COMMITTED BY FOREIGNERS". Baltic Journal of Economic Studies 7, n.º 5 (27 de dezembro de 2021): 221–27. http://dx.doi.org/10.30525/2256-0742/2021-7-5-221-227.

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Joint counteraction against international crime by all law enforcement agencies of different countries brings common results in eradicating this phenomenon in the world and reducing the number of crimes in a single state. This is one of the most relevant areas of international cooperation worldwide. That is why the issue of interaction in the field of law enforcement acquires special attention and relevance. That is why special attention is paid to the content of the concept of "interaction" and "interaction of law enforcement agencies". Today there is a significant increase in economic crime, with international transnational crime paying particular attention to economic crimes committed by foreigners. A significant role in countering this phenomenon is played by specially formed international institutions (bodies), namely: international organizations; international conferences; international commissions and committees. The most famous of these include the following: United Nations (UN) Commission on Crime Prevention and Criminal Justice; UN Office on Drugs and Crime; Council of Europe (Council of Europe Committee of Experts on the Evaluation of Anti-Money Laundering Measures); European Committee on Crime Problems; International Criminal Police Organization (Interpol), etc. The central body for combating international crime is the International Criminal Police Organization – Interpol, which began its activities after the entry into force (June 13, 1956). The purposes of Interpol are: to ensure and develop the widest possible mutual assistance between all criminal police agencies within the framework of the laws in force in the various countries and in the spirit of the Universal Declaration of Human Rights; creation and development of institutions capable of successfully contributing to the prevention and suppression of criminal offenses (Art. 2 of the Interpol Charter). The structure of the internal organs of Interpol consists of: General Assembly; Executive Committee; General Secretariat; National Central Bureaus; Counselors; File Control Commission. INTERPOL maintains relations with many international organizations on issues related to its sphere of activity. Interpol maintains a National Central Bureau of Interpol in each of its member countries, through which international police cooperation is regulated. The National Central Bureau is an authorized police authority or entity with the status of an Interpol representative in its country. The main purpose of national central bureaus is to involve the police authorities of the country in the international fight against crime, to establish and maintain contacts with other national central bureaus and the General Secretariat of Interpol by ensuring a continuous, rapid and high-quality exchange of information. In Ukraine, such a unit is the National Central Bureau of Interpol, which operates within the structure of the National Police of Ukraine and organizes international cooperation of all law enforcement agencies of our state within the framework of the Organization. As part of combating crime, the National Central Bureau of Interpol cooperates with the State Migration Service of Ukraine, organizes cooperation, as well as initiates and coordinates operational and investigative activities aimed specifically at preventing and solving crimes, identifying and deporting from Ukraine persons – citizens of foreign countries involved in criminal activity, in particular members of transnational organized crime networks, persons who have committed sexual crimes against children, and the like. A special area of interaction is the fight against economic crimes committed by foreigners that disrupt the economic systems of various states. The State Migration Service of Ukraine sends requests about economic crimes committed by foreigners to the Interpol National Central Bureau.
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Shuklina, Nataliia. "Practical judicialtraining: contribution of the National School of Judges of Ukraine to strengthening corruption prevention mechanisms". Slovo of the National School of Judges of Ukraine, n.º 3(28) (19 de fevereiro de 2020): 19–29. http://dx.doi.org/10.37566/2707-6849-2019-3(28)-2.

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The article examines the role of the National School of Judges of Ukraine in strengthening the mechanisms preventing corruption through the professional training of the judiciary. In particular, relevant training activities for candidates for the judge's post, effective judges of all jurisdictions and judges of the High Anti - Corruption Court are reviewed in the article. The program of special training of candidates for the post of judge (to fill vacant posts of judges in the courts of first instance) in 2018-2019 comprised trainings on anti-corruption legislation, including European standards and national legislation; corruption related criminal offences and criminal offenses in the field of in-service and professional activity tied to the provision of public services; administrative offenses related to corruption. Trainings on anti-corruption legislation and practice of its application are a part of the periodic training programs of effective judges of local general, commercial and administrative courts, as well as courts of appeal. Anti - corruption issues were one of the key topics in the training of newly appointed Supreme Court judges. It is stated that National School of Judges of Ukraine also made a contribution into the process of selection of judges of the High Anti - Corruption Court by developing of test questions and practical tasks (model court cases). The School, with the support of its international partners, conducted an Orientation Course for judges of the High Anti - Corruption Court, which included trainings on the rule of law, standards of human rights protection in accordance with the practice of the European Court of Human Rights, return of assets and instruments of cooperation with international organizations, international anti-corruption standards, practical aspects of dealing with corruption cases (witness and victim protection, money laundering, asset seizure, special confiscation). The next scheduled training of judges of the High Anti - Corruption Court was related to adjudication of corruptionists and confiscation of their property in Ukraine. The main training topics for the court staff are the application of anti-corruption legislation concerning civil servants, main issues of financial control, features of the electronic declaration system, settlement of conflicts of interest, responsibility for violation of anti-corruption legislation. The conclusion is made that all these activities influence the change of the professional consciousness of judges, the affirmation of the values of the rule of law and fair trial. Keywords: corruption prevention, confiscation of assets, special training of candidates for the post of judge, periodic training of judges.
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Bobkier, Robert. "Contemporary narcoterrorism in Latin America. A case of Colombia and Mexico". Zeszyty Naukowe Państwowej Wyższej Szkoły Zawodowej im. Witelona w Legnicy 2, n.º 43 (31 de julho de 2022): 11–38. http://dx.doi.org/10.5604/01.3001.0015.9795.

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At the end of the Cold War, the term "narcoterrorism" was coined. This concept originally meant ties between drug dealers and terrorist organizations and the countries of the Soviet bloc. The definition of this phenomenon, developed later, is ambiguous and means both methods attributed to terrorists, applied by drug cartels and the financing of their activities by terrorist groups through drug trafficking. This article deals with the first of these meanings and discusses the situation in two Latin American countries. The Colombian Medellin cartel was the first to use typical terrorist measures. Criminals carried out bomb attacks on public buildings, planes and attacks on politicians. In doing so, they wanted to achieve the goal of preventing the extradition of cartel leaders. Mass drug production has been going on since the 1930s in Mexico, but at the turn of 21st century, local criminal groups monopolized drug trafficking routes to the US. In 2006, an attempt by the state to combat this practice resulted in a long-term "drug war", in which several hundred thousand people were killed. There has also been an unprecedented increase in crime in the world, to the point where about 100 people are killed at the hands of the cartels in Mexico on a daily basis. The international community has almost unanimously labeled the activities of the Mexican drug cartels as terrorism. Only the opinion expressed in Mexican literature differed in that respect. The cooperation of these cartels with terrorist organizations turned out to constitute another threat to international security. This kind of cooperation can bring mutual benefits to terrorist groups and the countries supporting them – especially in the case of money laundering. The long-term operation of cartels has created the phenomenon of "drug culture" in Latin American communities, glorifying the terrorist activities of cartels and the figures of their leaders.
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NANCE, MARK T., e M. PATRICK COTTRELL. "A turn toward experimentalism? Rethinking security and governance in the twenty-first century". Review of International Studies 40, n.º 2 (17 de junho de 2013): 277–301. http://dx.doi.org/10.1017/s026021051300017x.

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AbstractConventional understandings of security cooperation are rooted in the state-centric and materialist assumptions dominant in the Cold War and subscribe to the dictum of the Reagan years, ‘trust but verify’. In today's more complex setting, however, governance arrangements with the most potential to address constantly mutating security threats, such as the concern over nuclear terrorism, may not be those solely designed to ensure compliance, but rather those that are better equipped to identify and solve new problems. This article draws on a burgeoning literature on ‘new’ or ‘experimental’ governance and advances an analytical framework to consider the extent to which states and other actors might be turning toward an alternative set of mechanisms that rely more heavily on non-binding standards and recommendations, peer review, increased participation, and experimentation to generate new knowledge about the challenges they face, even in the ‘hard’ case of security cooperation. It then explores this potential reorientation in two separate, but complementary cases that have emerged as key tools in preventing illicit nuclear proliferation: the Financial Action Task Force on Money Laundering (FATF), which seeks to bolster states' counter-financing of terrorism systems, and the UNSC Resolution 1540 Committee, which guides efforts to fill the governance gaps in the nuclear non-proliferation regime. Although both cases on paper contain more traditional enforcement components, in practice they rely increasingly on experimental governance. The article concludes with an evaluation of the promise and limits of an experimentalist framework in understanding the evolution of governance arrangements in response to a more complex security environment and suggests potential avenues for future research.
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Steblianko, Alina V., Tamara O. Chernadchuk, Ivan O. Kravchenko, Nadiia S. Andriichenko e Oksana S. Rudanetska. "International Law Enforcement Cooperation against Money Laundering". Cuestiones Políticas 37, n.º 65 (6 de agosto de 2020): 217–29. http://dx.doi.org/10.46398/cuestpol.3865.17.

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The purpose of the article is to focus on the need to strengthen the interaction of the law enforcement agencies of various states, highlighting the role of financial institutions in this process, to find optimal ways to improve international cooperation. The study is based on the methods of systemic and critical analysis, as well as a formal logical method. The article confirms that the need to strengthen international cooperation is explained by the existence of certain factors that determine the possibility of money laundering. It has been established that without adequate cooperation between law enforcement agencies and financial institutions at the national level, it is quite difficult to detect crime and prevent money laundering at the initial stage. As a conclusion of the investigation, it is proposed to develop a methodology for the interaction of the law enforcement agencies of several states to counteract money laundering. The results obtained can also become the basis for developing legislative proposals to improve international cooperation in law enforcement and, at the same time, they can be used to increase the efficiency of their anti-money laundering activities.
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Rekunenko, I., Zh Kobets e I. Shvydko. "FEATURES OF FORMATION AND APPLICATION OF FINANCIAL MONITORING SYSTEM IN UKRAINE". Vìsnik Sumsʹkogo deržavnogo unìversitetu, n.º 1 (2020): 104–17. http://dx.doi.org/10.21272/1817-9215.2020.1-11.

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The article is devoted to the study of peculiarities of formation and development of the national system of financial monitoring in the context of Preventing and Combining the Money Legalization (Laundering) and / or Terrorism Financing (AML / CFT). The basic approaches to the definition of the essence of the concept of «financial monitoring» are systematized according to the level of its conduct, and legal aspects of AML / CFT regulation in Ukraine are disclosed. The main functions of financial monitoring, including organizational and managerial, control and supervision, operational-analytical, informative and preventative are identified. The results of the activity of the State Financial Monitoring Service of Ukraine are reviewed, which confirm that the banking sector is the most financially powerful channel of illegal flows. In turn, financial monitoring of the non-banking sector is characterized by low institutional performance. The article provides a list of financial transactions that are most commonly associated with the illicit legalization of income, including cash transactions and transactions related to obtaining or providing financial assistance. It is determined that the key problems of establishing a system of financial monitoring in Ukraine are: contradictory conditions of state-building processes (weakness of law enforcement and judicial authorities); imbalance of regulation of business activity (complexity and duration of starting a business, high level of tax burden); peculiarities of investment policy; low level of financial inclusion in Ukraine. Given the international experience of developed countries, it is advisable to expand the list of financial crimes related to AML / CFT in accordance with the FATF Recommendations; strengthen interagency coordination and create a unified information exchange system; reinforce the personal responsibility of officials. The main directions of realization of the concept of development of the financial monitoring system in Ukraine should be: intensification of international cooperation; improvement of mechanisms for identification and disclosure of suspicious transactions, elimination of «blind zones» or disorderly allocation of competences; In addition, the main task of conducting internal financial monitoring at the bank level should be use the tools «customer due diligence / enhanced due diligence», as well as «know you client / know your customer's customer», in order to ensure transparency (legality) of relationships with counterparties.
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Yasaka, Noriaki. "Knowledge management in international cooperation for anti-money laundering". Journal of Money Laundering Control 20, n.º 1 (3 de janeiro de 2017): 27–34. http://dx.doi.org/10.1108/jmlc-09-2015-0040.

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Purpose The purpose of this paper is to construct a theoretical hypothesis to explain the organizational knowledge creation in international cooperation, which aims to contribute to practical problem solving in the process of knowledge creation. Design/methodology/approach This research reveals that anti-money laundering based on the concept of knowledge and organizational knowledge creation mechanisms could co-evolve in inter-organizational knowledge. Findings By simplifying the knowledge flow of anti-money laundering in international cooperation, the author illustrates the process of knowledge creation, sharing and utilizing. Originality/value This paper used the example of international anti-money laundering activities to describe knowledge creation, process of knowledge management, organizational structure and the emergence of international cooperation.
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Saputri, Adhalia Septia. "Juridical Review of Money Laundering with Terrorism". International Journal of Social Service and Research 3, n.º 5 (15 de maio de 2023): 1154–59. http://dx.doi.org/10.46799/ijssr.v3i5.380.

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Money laundering and terrorism are often related to each other because money from crime can be used to finance terrorist activities and money laundering can be used to disguise the origin of the money. In order to overcome these two crimes, cooperation between law enforcement agencies and good international coordination is needed. In Indonesia, money laundering is regulated in Law Number 8 of 2010, while terrorism is regulated in Law Number 15 of 2003. Some of the legal issues that are still current in the effort to combat money laundering and terrorism include the implementation of the Financial Transaction Reporting System, the designation of terrorist crime organizations, the exchange of information between law enforcement agencies, the protection of informants and witnesses, and the implementation of new laws on money laundering. International cooperation is essential in efforts to overcome this problem. Strong cooperation is expected to cut off the flow of terrorism funds and reduce the risk of criminal acts entering the financial system and help combat terrorism cases that can harm national security.
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Ebikake, Emmanuel. "Money laundering". Journal of Money Laundering Control 19, n.º 4 (3 de outubro de 2016): 346–75. http://dx.doi.org/10.1108/jmlc-07-2015-0029.

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Purpose The purpose of this paper is to provide an assessment of soft law as a technique for repressive and preventive anti-money laundering control (hereinafter AMLC). Design/methodology/approach This article focuses heavily on understanding the nature of international anti-money laundering (AML) law-making process. The approach towards this question is interdisciplinary and looks at the treaty and non-treaty AML obligations through a prism of two theoretical lenses (legal positivism and liberal/legal process theory) to explain the role of soft law in the area. Findings Current international effort to combat money laundering (ML) is fragmented (as evident in the enormous variety of law-making processes), despite the role of soft law. Part of the problem is the divergent nature of domestic criminal legislation, which is reflected in the choice of predicate crime and a lack of procedural rule to identify and enforce the law at the state level. To address the limit of current efforts, the paper will propose a uniform codification of AML law directed by a more representative body or commission of experts offering means of restating, clarifying and revising the law authoritatively and systematically. Research limitations/implications The research is focused mainly on the theoretical issues relating to the subject of ML and less on any empirical case study. Practical implications The paper will focus on the role of soft law as a technique for repressive and preventive AMLC. Based on current analyses of the role of soft law as an alternative to hard law or as a complement to hard law (leading to greater cooperation), it attempts to outline the possible advantages and disadvantages that soft law could have in the context of AMLC. For example, the use of soft law promotes harmonisation of international AML standards through the Financial Action Task Force, while the role of the FATF remains unclear in international law. This is important for the purpose of responsibility, as the law on state responsibility clearly states when a State is responsible, in the event of a breach, and the consequence in international law. Social implications The implication of the paper is that it contributes to the on-going debate about the increasingly role of soft law-making in international law. Originality/value The research perspective to the study of ML is theoretical and focuses on the nature of the law.
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Syahrudin. "Money Laundering Kejahatan Trans Nasionaldan Urgensi Penanggulangannya". Taqorrub: Jurnal Bimbingan Konseling dan Dakwah 2, n.º 2 (19 de junho de 2022): 70–83. http://dx.doi.org/10.55380/taqorrub.v2i2.206.

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Abstract In the era of globalization, the problem of money laundering is becoming increasingly widespread because the existence of this crime involves many factors that cross national boundaries. The problem of money laundering is the dark side of globalization. Handling money laundering cannot be solved quickly and easily, but it takes time, commitment, political will, and support from all parties: national governments, communities, and multilateral cooperation. Learning from South Korea, Indonesia and the international community, for example, requires bureaucratic reform based on a more efficient structure by upholding the spirit of 'Good Governance' and 'Check and Balance' which is expected to encourage all elements of the nation to work together to solve corruption at a practical level. In addition, the judiciary must be consistent and responsible in enforcing the rule of law in a professional and impartial manner. The key to law enforcement lies in synergistic cooperation between the police, prosecutors, and the judiciary. At the global level, effective global governance is very important for eradicating corruption and money laundering. Multilateral cooperation needs to be improved and made effective in handling issues related to transnational organized crimes, such as corruption and money laundering. Seeing the very detrimental impact of the practice of money laundering globally, especially the effect that can damage the country's economic resilience, of course, effective efforts are needed to eradicate its development. Some things that can be suggested to eradicate money laundering practices are as follows: (1) Good coordination between sectors and between domestic departments in implementing anti-money laundering regulations and policies issued by the government. (2) Improvements in the cultural aspects of law enforcement and government officials, as well as financial and banking institutions are also very much needed to reduce opportunities for bribery committed by money laundering actors. (3) It is necessary to have a minimum standard that is acceptable at the international level regarding anti-money laundering, both in financial and banking regulations, corporate law and legal aid between countries. A standard international law must be made so that it becomes a benchmark for countries in the world. (4) A strong commitment is needed from the governments of countries in the world to eradicate money laundering practices, thereby facilitating bilateral and multilateral cooperation within the framework of supranational institutions to combat money laundering globally. With the existence of a united global community to eradicate money laundering, the interests of certain countries that could hinder the process of implementing the eradication of money laundering can be suppressed.
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Jurith, Edward H. "International Cooperation in the Fight Against Money Laundering". Journal of Financial Crime 9, n.º 3 (março de 2002): 212–16. http://dx.doi.org/10.1108/eb026019.

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Bintoro, Sutarno, Sjamsiar Sjamsuddin, Ratih Nur Pratiwi e Hermawan. "International cooperation to combat money laundering in the capital market: Indonesia and Australia experience". Journal of Investment Compliance 21, n.º 4 (7 de dezembro de 2020): 263–76. http://dx.doi.org/10.1108/joic-10-2020-0043.

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Purpose To introduce new initiatives in combating money laundering and related corruption in the capital market sector through international cooperation between Indonesia and Australia. Design/methodology/approach This study used qualitative research methods. Data were obtained through observation, interviews and secondary data analysis. Primary and secondary data were then analyzed with an interactive model. Findings The Indonesian capital market is at high risk of being used as a means of laundering corrupt money. Our analysis found a major obstacle when investigators and prosecutors have handled money laundering cases conducted in the capital market because they have not had enough knowledge related to the capital market and its business processes. Originality/value This article is expected to add to the literature on handling money laundering from corruption carried out in the capital market. It describes best-practice efforts undertaken by Indonesia and Australia.
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40

Reznik, Oleg, Olha Bondarenko, Nadiia Horobets, Andriana Kostenko e Mykola Nazarov. "Problem aspects of interaction of law enforcement authorities in the field of countering money laundering". Revista Amazonia Investiga 10, n.º 48 (30 de dezembro de 2021): 170–80. http://dx.doi.org/10.34069/ai/2021.48.12.18.

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One of the biggest obstacles to maintaining an effective international financial system is money laundering. Money laundering is also extremely difficult to investigate and prosecute. The latter task is entrusted to law enforcement agencies. The purpose of the article is to characterize the problematic aspects of law enforcement cooperation in the field of combating money laundering in Ukraine and finding optimal ways to solve them. During the study, the authors used the following methods: dialectal, terminological analysis and operationalization of concepts, analysis and refinement, analysis, and synthesis, sociological and statistical. The article emphasizes that the normative sources of ways of interaction between law enforcement agencies in the field of combating money laundering are set out in a rather fragmentary manner, without any specifics regarding the specific boundaries, scope of cooperation. This situation inevitably leads to various kinds of abuse and conflict. In our opinion, given the importance of the task of combating money laundering, the main task is to clearly regulate the ways and methods of cooperation between law enforcement agencies in this area and the introduction of administrative liability for failure to take measures or evasion of such cooperation.
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Меньших, Андрей, e Andrey Menshikh. "CRIMINAL RESPONSIBILITY FOR ILLEGAL MONEY LAUNDERING UNDER FRENCH LEGISLATION". Journal of Foreign Legislation and Comparative Law 1, n.º 4 (29 de outubro de 2015): 0. http://dx.doi.org/10.12737/14316.

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This article is dedicated to problems of criminal responsibility for money laundering under the French legislation. The author studies the French statutes on the matter and defines the actions treated as money laundering. The author notes that financial institutions’ employees are subject to more severe penalties. The author explores the development stages of the French financial system, which is historically divided into five stages. Since money laundering has become an international crime, the author refers to some examples of France’s international cooperation, as well as mentions both international and national bodies that deal with anti-money laundering. Financial bodies are under obligation to collect data on clients and sources of their funds, control clients’ operations which enables them to detect suspicious behavior.
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Sohraby, Farzad, Hossein Habibitabar e Mohammad Reza Masoudzade. "Money Laundering Crime and Its Situational Prevention in Iranian Law and International Law". Journal of Politics and Law 9, n.º 7 (11 de agosto de 2016): 57. http://dx.doi.org/10.5539/jpl.v9n7p57.

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<p class="matn">Crime prevention is crucial to social life which necessitates the need for conducting criminology studies to identify the causes of the crime. In this paper, we focus on money laundering crime. First we discuss about money laundering crime in Iran’s penal system, and after presenting its criminological characteristics (transnational, organized and victimless), we review Iran’s legal system and the international conventions about this crime. Then, since major situational prevention measures against money laundering<strong> </strong>are related to the banks and financial institutions, we proposed some measures for financial institutions such as staff training, adjusting banking secrecy laws, monitoring money transfer, reporting large cash transactions, and reporting suspicious transactions. Results showed that Iran’s anti money laundering laws are in accordance with Merida convention, for example, in terms of identification, record-keeping and the reporting, but do not obligate the identification of customer when there is criminal evidence.</p>
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Abu Olaim, Ahmad Mohammad Abdalla, e Aspalella A. Rahman. "The impact of Jordanian anti-money laundering laws on banks". Journal of Money Laundering Control 19, n.º 1 (4 de janeiro de 2016): 70–78. http://dx.doi.org/10.1108/jmlc-07-2014-0023.

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Purpose – The purpose of this paper is to examine the impact of the Jordanian anti-money laundering law and its instructions on the Jordanian banking industry. The anti-money laundering law in Jordan is newly enacted, but there are new developments not covered by the law. For instance, the revolutionary wave known as the Arab Spring surrounding Jordan has increased the crime rates in Jordan, and it has also reduced international coordination and cooperation to encounter money laundering operations. The emergence of new means for money transfer is affecting the efficiency and speed of bank transfers. Subsequently, the impact of the law on Jordanian banks is unknown. Design/methodology/approach – This paper relies on the Jordanian Anti-Money Laundering and Counter Terrorist Financing Law 2007 as a primary source of information. The relevant Jordanian anti-money laundering instructions that have directly been affecting banks include the Jordanian Anti Money Laundering and Counter Terrorist Financing Instructions Number (51) 2010. These instructions were considered the most important legislation for the purpose of this paper. Findings – While the Jordanian anti-money laundering law is based on certain principles, the effectiveness of the law is unknown. The Arab Spring, particularly the Syrian revolution, has negatively increased the crime rates and money laundering activities in Jordan. To make matters worse, the international cooperation and coordination between countries in combating money laundering are not at the required level, and this has encouraged money laundering groups to exploit the situation. Only time will tell whether the banks will be able to cope sufficiently with the increased anti-money laundering obligations. Obviously, it is critical at this stage to establish effective coordination between legislators, regulators and the banking industry to minimize problems encountered by the banks, thereby to ensure effective implementation of the law. Originality/value – This paper provides an examination of the impact of the Jordanian anti-money laundering law that has directly affected banks. It is hoped that this paper would provide some insight into this particular area for academics, practitioners, the legal advisers, banks and policy-makers not only in Jordan but also elsewhere. In view of the international nature of money laundering and banking, there will be significant interest in how the anti-money laundering law affects banks operation in Jordan.
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Golonka, Anna. "Cooperation with third countries in combating money laundering in the face of modern challenges". Ius Novum 17, n.º 4 (1 de dezembro de 2023): 15–39. http://dx.doi.org/10.2478/in-2023-0027.

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Abstract The study is devoted to the issue of international cooperation in combating money laundering as a transnational crime. It is an original scientific article, the purpose of which is to highlight the difficulties that, in the current global situation, are posed by cooperation with third countries, i.e., those that are not members of the European Union. The analysis covers several thematic areas that are of key importance in this regard (using the formal dogmatic method). The specificity of the regulations in force in other countries was also indicated, particularly in the context of modern technologies and threats of cyber-laundering (incorporating elements of the legal and comparative method). As a result, conclusions were drawn regarding the challenges that the fight against laundering raises on the international arena, extending beyond the structures of the EU. The conclusion suggests directions for actions that would be desirable to undertake in order to ensure effective international cooperation with third countries in the field of combating money laundering.
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Rininta, Rininta, e Hartanto Hartanto. "Problematika Penegakan Hukum Tindak Pidana Pencucian Uang". DOKTRINA: JOURNAL OF LAW 4, n.º 2 (30 de outubro de 2021): 113–26. http://dx.doi.org/10.31289/doktrina.v4i2.4953.

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Money laundering is a crime that always exists, and recently there have been massive cases in Indonesia, related technological and social advances are factors that cause money laundering crimes. Money laundering has continued to develop since the past until now the government is trying to follow up the law on money laundering, so it is important for us to discuss. Law No. 8/2010 The Prevention and Eradication of the Crime of Money Laundering is examined with a normative juridical approach in this study, with various breakthroughs, namely proof and fines. This category of crime is a transnational crime and a white-collar crime that has a destructive impact on the economy as well as the nation and state, so that efforts must be made in various ways to overcome it, namely by optimizing the duties and authorities of the PPATK, and cooperation between countries.
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ISAKOVA, Elsa Telmanovna, e Nataliia Yurievna TANYUSHCHEVA. "THE MAIN VECTORS IN INTERNATIONAL ANTI-MONEY LAUNDERING COOPERATION". Azimuth of Scientific Research: Economics and Administration 11, n.º 3 (2022): 23–28. http://dx.doi.org/10.57145/27128482_2022_11_03_05.

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Natasha, Queen Nindya. "Analisis Kejahatan Transnasional melalui Aktivitas Money Laundering dalam Illegal Wildlife Trade di India". Transformasi Global 9, n.º 2 (22 de dezembro de 2022): 84–96. http://dx.doi.org/10.21776/ub.jtg.009.02.1.

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This article aims to describe the relation between Money Laundering and illegal wildlife trade, with the case study focused on India. Money laundering operations in this article are part of a transnational crime act to disguise the illegal profits of Illegal Wildlife Trade (IWT) and are carried out through the stages of placement, layering, and integration. The findings of this paper are (1) identify the scope of the spread of money laundering within global, national, and regional levels and the impacts; (2) acknowledge the implementation of the model of cooperation which has succeeded in identifying the political conditions in India which are identified as weak states in applying the law & also the model of operation that used the Strategic/Risk Management Model as the TOC entity strategy to minimize the legal risk; and (3) finding methods to address and policy recommendations at various levels with the role of the Financial Action Task Force (FATF) at the global level, Anti-Money Laundering (AML) at the regional level in the South Asian region, and the Prevention of Money Laundering Act (PMLA) which was established in 2012 as a preventive measure for India to eradicate money laundering at the national level. Keywords: Money Laundering; Illegal Wildlife Trade; Transnational Organized Crime
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48

Williams, Clifford. "Artificial harmony". Journal of Money Laundering Control 17, n.º 4 (7 de outubro de 2014): 428–39. http://dx.doi.org/10.1108/jmlc-08-2013-0030.

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Purpose – The purpose of this paper is to explain that the commonly used method allowing for inter-agency cooperation between national financial intelligence units, the memorandum of understanding, is inadequate and ineffective in creating a cooperative global financial intelligence unit capable of combating money laundering typologies on an international scale. Design/methodology/approach – Methods of international financial intelligence unit (FIU) cooperation have chiefly occurred in two ways: first, through the efforts of the Egmont Group; and second, through the inclusion of provisions concerning FIUs contained in international legal documents. The first is an impossibility. Findings – This paper proposes that the result of implementation of the 2012 Financial Action Task Force Recommendations will be an informal network of FIUs where the Egmont group acts as a centralized operator for information exchange, effectively creating an informal global FIU (“GFIU”), but that this system, or a cooperative global financial intelligence unit system based on FIU-to-FIU exchanges will not allow for effective multilateral, international cooperation. Research limitations/implications – This is because national interests and unfamiliarity with capabilities provided in the Egmont Group’s cooperative platform have and will continue to result in under-utilization of cooperative efforts, and because the traditional mechanism employed for FIU-to-FIU exchanges, the memorandum of understanding (“MOU”), makes uniform or standardized information request and transfer procedures that are required for multilateral or multi-agency efforts to combat money laundering across international boundaries an impossibility. Practical implications – The Egmont Group’s cooperational structure should be the primary means by which to achieve a GFIU. Social implications – The global combat on money laundering will be more effective, thereby more fully protecting the global economy. Originality/value – A comparison between the Egmont Group’s network building mechanism and the existing use of MoU to create global cooperation against money laundering has not been analyzed.
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Vićentijević, Kosana. "Integration of Serbia into international money laundering prevention system". Anali Ekonomskog fakulteta u Subotici, n.º 40 (2018): 135–48. http://dx.doi.org/10.5937/aneksub1840135v.

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Behrens, Timo. "Lift-off for Mexico? Crime and finance in money laundering governance structures". Journal of Money Laundering Control 18, n.º 1 (5 de janeiro de 2015): 17–33. http://dx.doi.org/10.1108/jmlc-10-2013-0039.

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Purpose – The purpose of this article is to analyse Mexico’s money laundering governance with a focus on its 2007-2013 reform process. It provides a view of money laundering governance as a politically contested policy area and a reflection on the reach and purpose of the international regime promoted by the Financial Action Task Force (FATF). Design/methodology/approach – The analysis uses an actor-centred approach on governance structures relating groups of public and private actors with competing policy preferences. Findings – Three ideal-typical groups of actors are identified. Of these, the Financial Integrity and Criminal Enforcement Groups were central proponents of prevention- and prosecution-based policies, respectively. While criminal enforcement was initially sidelined, its role was strengthened in Mexico since 2007. Despite early signs of success, diverging policy preferences between these groups continue to complicate money laundering governance in Mexico through a complex distribution of tasks between them. Practical implications – To address wider crime fighting concerns, more emphasis should be put on the role of prosecutorial actors in money laundering governance. Beyond the domestic level, the results raise concerns about the increasing focus of the FATF on money laundering as a threat to financial integrity. Originality/value – The article adds to a better understanding of money laundering governance in Mexico. Further, the presented systematisation of actors can inform the analyses of money laundering governance and underlying political tensions in other country cases. By focusing on organised crime and prosecution, the case deviates from the international trend to concentrate on issues of market integrity and prevention-orientated policies.
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