Guiterman_Justin D Signed Thesis.pdf

This paper examines efforts at international cooperation and international organizations' role in the fight against money laundering and terrorist financing before and after 9/11. Globalization makes it more difficult to effectively address issues requiring global governance within the limits of state/country laws. We employ Robert Keohane's concept of -governance dilemma‖ and Slaughter's theory of -government networks‖ to international efforts to deal with money laundering and terrorist financing. Keohane states that although a world governed by international institutions is beneficial, it posses a threat to our liberty. Slaughter offers a solution to problem in her theory of -government networks‖ wherein she states that -relatively loose, cooperative arrangements across borders‖ form the basis for post-modern governance.

This research paper reviews and analyzes China’s AML policies, its internal institutional architecture, modus operandi, enforcement processes and its effectiveness. China was one of the fastest growing emerging economies in the early 90s, today China is considered as one of the major economies and a powerhouse of trade

This paper reviews the current status of the international fight against money laundering and the financing of terrorism, highlighting the importance of its prevention for economic and financial stability in Latin America and the Caribbean. It synthesizes the recent history of international legislation and agreements with respect to the issues, and presents the framework of public and private sector actors engaged in combating these threats. It reviews Latin American and Caribbean countries’ compliance with the Financial Action Task Force (FATF) (40 + 9) Recommendations, and analyzes the region’s performance with respect to their third round Mutual Evaluation Reports. The evidence shows that while the region has made some significant progress in combating various typologies of money laundering and the financing of terrorism, important work remains to be done, particularly with respect to customer due diligence policies and the strengthening of national legal codes. A case study of M...

A perceived risk in terrorist use and adoption of virtual currencies over the past few years has driven the widespread notion that this financial innovation represents a threat to security. This dissertation addresses this issue, examining the security implications associated to the rise of this technology. It argues that the risks of terrorist exploitation are in fact limited, these being primarily confined to their sporadic and ad hoc use as opposed to their adoption as a sustained financing method. Moreover, it contends that a number of practices have ultimately led to the ‘securitisation’ of this issue, or its framing in the logic of security and emergency, justifying for increased state control over virtual currencies. The dissertation first presents an overview of this question to subsequently sketch out a theoretical framework based on a critical approach to security. It then considers patterns and methods of terrorist financing to help situate virtual currencies in this context, arguing that some of the alleged benefits offered by this technology are limited. In consequently considering the case of ISIL, it determines that the organisation’s current financing needs are best served by their established methods and not virtual currencies. The final section then returns to the question of security, showing that a number of practices have resulted in the gradual securitisation of this technology, and advocating for its de-securitisation, or its negotiation in the political realm and not one defined by the logic of emergency.

Within the last decade, money-laundering and terrorism financing crimes have increased and become leading global threats to international peace and security.The Financial Action Task Force (FATF) 40+9 Recommendations were established to identify and counter the serious threat of money-laundering and terrorism financing. However, in trying to combat the financing of terrorism the FATF Recommendation 8 has limited the operating space of many non-profit organisations in developing countries. The aim of this paper is to assess the impact of FATF’s Recommendation 8 on women’s rights organisations. I argue that the imposed 40+9 FATF Recommendations by developed countries have limited the operating space of women’s rights organisations in developing countries in protecting human rights and promoting gender equality. Antonio Gramsci’s theory shall be used to understand how great powers enforce rules and standards to the FATF that limit the operating space of women’s rights organisations. In developing this paper, the focus was on secondary data.The paper concludes by identifying alternative strategies that are likely to be effective in combating terrorism financing. Keywords: Counter-Terrorism, Financial Action Task Force, Women’s Rights Organisations

In several areas of the post-9/11 efforts to fight terrorism, private rather than public entities have shouldered the bulk of the burden. This has been especially the case when it comes to fighting terrorist financing. In this article, I argue that there is a lack of appreciation of the role of the private financial institution when it comes to monitoring the billions of daily financial transactions and reporting the suspicious ones to public authorities for further investigation. Since private financial institutions are geared towards making profits and where the money has come from has traditionally not been of great interest to them, it is important to investigate how they have coped with the demanding legal requirements especially as regards terrorist blacklists and anti-money laundering regulations. Moreover, the utilization of private actors in the fight against terrorism also raises important questions about the proper balance between security, justice and liberty.

Yearbook of European Law 2017, 2018

Money laundering is essential for the very existence and proliferation of criminal organizations. It also allows the corrupt and tax evaders to enjoy the profits of their crime. The recent terrorist attacks in Paris and Brussels demonstrate that terrorism continues to inflict pain and suffering all over the world and Europe is certainly not immune to the same; further, the international community needs to address this phenomenon with adequate strategies, including tackling terrorist financing. Such crimes pose extremely complex challenges to regulation. This article examines the recent evolution of the EU anti-money laundering and counter-terrorism financing legislative framework, focusing especially on the relationships between the main international initiatives in the field (in particular the FATF Standards) and the newest EU legislation. It suggests that the international norms have had a decisive influence on the latest development of legislation at the EU level and within its Member States. It further argues that mainly the preventive component of such legislation will be strengthened by the EU instruments adopted in mid 2015. However, it concludes that the adoption of global standards has posed significant challenges to the EU legislative framework. The arguments are developed in three parts. The first part outlines the main international initiatives in the field. It illustrates that the current international legislative framework has a multidisciplinary approach which also modelled the EU legislation. The second part deals with the repressive component of such approach and assesses the limits of the EU criminal approach against laundering and terrorism financing crimes. Finally, the last part examines the preventive component, it focuses on the recent EU legislation and addresses the challenges posed to the EU legislative framework when accommodating global standards, especially with regard to possible tensions with fundamental freedoms and human rights. (The article is available for download at: https://academic.oup.com/yel/advance-access)

The British Journal of Politics and International Relations, 2008

This article considers recent developments in the campaign to combat terrorist financing in Europe and the intersection of these measures with the flow of migrant remittances from the European Union (EU) to third countries. Migrants frequently leave behind families that they expect to support from their earnings. Measures to combat the financing of terrorism (CFT) and the related increase in anti-money laundering (AML) regulation make it increasingly expensive for migrants to share their wages with the family left behind. The result is a tension between the desire of migrant labour to send money home and fears of insecurity against the financing of terrorism. This issue is considered in the context of the new Regulation 'On Information on the Payer Accompanying Transfers of Funds ' (Regulation (EC) No. 1781.