INTERNATIONAL STANDARDS ON COMBATING MONEY LAUNDERING AND CORRUPTION CRIMES: SOME ASPECTS OF INVESTIGATIONS
DOI:
https://doi.org/10.36690/2674-5216-2020-3-74Keywords:
anti-money laundering laws, anti-money laundering acts, investigations, financial investigation, suspicious transaction report, United Nations Convention against Corruption (UNCAC), USA Patriot Act, UK Bribery Act, national anti-money laundering legislation, national anti-corruption legislation, FATF RecommendationsAbstract
The article analyzes international standards on combating money laundering and corruption crimes. The evolution of The FATF Standards, which have been revised to strengthen global safeguards and further protect the integrity of the financial system by providing governments with stronger tools to take action against financial crime, has been investigated. At the same time, these new standards address new priority areas such as corruption and tax crimes. The aim of the article is to compare international legal acts that regulate the field of anti-money laundering and anti-corruption. The research methodology: the functional and analytical methods of comparative legal research were used as the most appropriate. In comparison with AML/CFT law, the international legal requirements regarding anti-corruption compliance are very general. Many countries do not have laws and regulations on anti-corruption compliance. Companies develop their compliance programmes based on international law, foreign law that has transnational application. Certain provisions of the above-mentioned international legal acts, in addition to their scope, regulate the investigation of crimes related to money laundering, terrorist financing and corruption crimes. The main results: the implementation of international standards in national law in some way unifies the approaches to the investigation of complex crimes, which are often combined in a scheme, and allows the introduction of effective methods of investigating such crimes.
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References
Eduard Ivanov AML/CFT and Anti-Corruption Compliance Regulation: Two Parallel Roads. March 2018
International Standards on Combating Money Laundering and the Financing of Terrorism & Proliferation - the FATF Recommendations// 2012 https://www.fatf-gafi.org/publications/fatfrecommendations/documents/internationalstandardsoncombatingmoneylaunderingandthefinancingofterrorismproliferation-thefatfrecommendations.html
United Nations Convention against Corruption//https://www.unodc.org/unodc/en/treaties/CAC/
UNCAC in a nutshell: A quick guide to the United Nations Convention against Corruption for embassy and donor agency staff//https://www.u4.no/publications/uncac-in-a-nutshell.pdf
Foreign Corrupt Practices Act//https://www.justice.gov/criminal-fraud/foreign-corrupt-practices-act
Bribery Act 2010//https://www.legislation.gov.uk/ukpga/2010/23/contents
Holmes, L. ed., 2010. Terrorism, Organized Crime and Corruption: Networks and Linkages. Cheltenham: Edward ElgarPublishing Ltd.
FATF, 2011. Laundering the Proceeds of corruption. FATF. Available at: http://www.fatf-gafi.org/media/fatf/documents/reports/Laundering%20the%20Proceeds%20of%20Corruption.pdf
United Nations Convention against Corruption (full text)//https://www.unodc.org/documents/treaties/UNCAC/Publications/Convention/08-50026_E.pdf
International standards on combating money laundering and the financing of terrorism & proliferation: The FATF Recommendations //https://www.fatf-gafi.org/media/fatf/documents/recommendations/pdfs/FATF%20Recommendations%202012.pdf
Van Hoecke, M., 2015. Methodology of Comparative Legal Research. Law and Method, 2015 (4). Available at: http://www.lawandmethod.nl/tijdschrift/lawandmethod/2015/12/RENM-D-14-00001.pdf
History of Anti-Money Laundering Laws https://www.fincen.gov/history-anti-money-laundering-laws
Office of the Comptroller of the Currency. "Bank Secrecy Act (BSA)." Accessed July 31, 2020. https://www.occ.treas.gov/topics/supervision-and-examination/bsa/index-bsa.html
Methodology for assessing technical compliance with the fatf recommendations and the effectiveness of AML/CFT systems//http://www.fatf-gafi.org/media/fatf/documents/methodology/FATF%20Methodology%2022%20Feb%202013.pdf
The USA PATRIOT Act: Preserving Life and Liberty//https://www.justice.gov/archive/ll/highlights.htm
UN General Assembly resolution on combating corruption of 12 December 1996//https://documents-dds-ny.un.org/doc/UNDOC/GEN/N97/762/73/PDF/N9776273.pdf?OpenElement
UN Declaration against Corruption and Bribery in International Commercial Transactions//https://www.unodc.org/documents/commissions/CCPCJ/CCPCJ_Sessions/CCPCJ_11/E-CN15-2002-06/E-CN15-2002-6_E.pdf
Guidelines for the effective implementation of the Code of Conduct for Law Enforcement Officials//https://www.ohchr.org/en/professionalinterest/pages/lawenforcementofficials.aspx
The International Code of Conduct for Public Officials//https://www.un.org/press/en/1996/19961031.gash3372.html
Criminal Law Convention on Corruption//https://rm.coe.int/168007f3f5
Civil Law Convention on Corruption//https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/174
Additional Protocol to the Criminal Law Convention on Corruption//https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/191
https://www.occ.treas.gov/topics/supervision-and-examination/bsa/index-bsa.html
Bray, J., 2017. Can companies really adopt a single global anti-corruption policy? FCPA Blog post, [blog] 28 June. Available at: http://www.fcpablog.com/blog/2017/6/28/john-bray-can-companies-really-adopt-a-single-global-anti-co.html
Miller & Chevalier, 2017. FCPA Spring Review 2017. [online] Available at: https://www.millerchevalier.com/publication/fcpa-spring-review-2017
IBA Anti-Corruption Committee, 2017. Anti-Corruption Law and Practice Report 2017: Innovation in Enforcement and Compliance IBA. Available at: https://www.ibanet.org/LPD/Criminal_Law_Section/AntiCorruption_Committee/Publications.aspx
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