Tackling money laundering in Tanzania: are private legal practitioners crime enablers or ineffectual and reluctant gatekeepers?

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Eugene E. Mniwasa
Keyword(s):  
Money Laundering ◽  
Research Approach ◽  
Related Factors ◽  
Policy Makers ◽  
Content Type ◽  
Legal Reforms ◽  
The Law ◽  
Media Reports ◽  
Legal Frameworks ◽  
Law Reports

Purpose This paper aims to examine the money laundering vulnerability of private legal practitioners in Tanzania, the involvement of these practitioners in money laundering activities and their role in preventing, detecting and thwarting money laundering and its predicate crimes. Design/methodology/approach The paper applies the “black-letter” law research approach to describe, examine and analyze the anti-money laundering law in Tanzania. It also uses the “law-in-context” research approach to interrogate the anti-money laundering law and to provide an understanding of factors impacting on the efficacy and readiness of private legal practitioners in Tanzania to tackle money laundering. The review of literature and analysis of statutory instruments and case law, reports of the anti-money laundering authorities and agencies and media reports-generated data are used in this paper. This information was complemented by data from interviews of purposively selected private legal practitioners. Findings Private legal practitioners in Tanzania are vulnerable to money laundering. There is an emerging evidence that indicates the involvement of some private legal practitioners in the commission of money laundering and/or its predicate crimes. The law designates the legal practitioners as reporting persons and imposes on the obligation to fight against money laundering. Law-related factors and practical challenges undermine the capacity of the legal practitioners to curb money laundering. Additionally, certain hostile perceptions contribute to the legal practitioners’ unwillingness, indifference or opposition against the fight against money laundering. Research limitations/implications The paper underscores the need for Tanzania to reform its policy and legal frameworks to create enabling environment for anti-money laundering gatekeepers, including private legal practitioners to partake efficiently in the fight against money laundering. It also underlines the importance of incorporating the principles that govern the private legal practise to enable the practitioners to partake effectively in tackling money laundering. Originality/value This paper generates useful information to private legal practitioners, policy makers and academicians on issues relating to money laundering and its control in Tanzania and presents recommendations on possible policy and legal reforms that can be adopted and applied to augment the role of the legal practitioners in Tanzania to combat money laundering.

The anti-money laundering law in Tanzania: Whither the ongoing “war” against economic crimes?

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Eugene E. Mniwasa
Keyword(s):  
Money Laundering ◽  
Research Approach ◽  
Economic Activities ◽  
Content Type ◽  
Legal Reforms ◽  
Documentary Sources ◽  
The Law ◽  
Media Reports ◽  
The Government ◽  
Economic Crimes

Purpose This paper aims to explore the evolution of the law for combating economic crimes including money laundering in Tanzania and explore the current developments in the anti-money laundering (AML) law and the ongoing fight against these crimes in Tanzania. Design/methodology/approach A desk-based review of documents on money laundering and its control in Tanzania was conducted. The paper presents qualitative data from the documentary sources. It applies the doctrinal legal research approach to examine, analyze and describe the AML law applicable in Tanzania. The paper uses the “law-in-context” research approach to explore some non-law aspects of money laundering in Tanzania and interrogate how the law addresses non-law dimensions of money laundering. Policy documents and media reports were analyzed. The thematic data analysis technique was applied, which involved identifying, describing and reporting issues according to the themes emerging from the data. Findings The AML law in Tanzania emerged from the law that was originally enacted to curb economic crimes. The law has evolved for some decades. Its evolution has been driven by domestic factors and foreign drivers which are political, economic and social in nature. The role of the AML law has been changing. Initially, the law was a tool for curbing economic crimes. Recently, the law has acquired a new role, namely, to facilitate the recovery of illicit funds and non-financial assets from offenders and enable the authorities in Tanzania to use those economic resources for developmental purposes. Research limitations/implications The paper underscores the need for the Government of Tanzania to re-consider the broader implications involved in its current efforts to tackle economic crimes and money laundering. The balance between the implementation of the measures to combat money laundering and economic crimes in Tanzania and the importance of protecting rights of persons indicted with those offences should be struck. The AML law should be applied in such a way not to infringe the rights of the accused persons and not to throttle economic activities including the flow of legitimate foreign investments into Tanzania. Originality/value This paper generates insightful information to policymakers, law enforcers, regulators and other stakeholders who undertake activities to tackle money laundering and its control in Tanzania and researchers who study these issues for purposes of providing understanding of the problem and facilitating policy and legal reforms. The paper raises issues that can be explored further in future and contribute to the discourse on money laundering and its control in Tanzania.

The financial intelligence unit and money laundering control in Tanzania

2019 ◽  
Vol 22 (3) ◽  
pp. 543-562
Author(s):  
Eugene E. Mniwasa
Keyword(s):  
Money Laundering ◽  
Design Methodology ◽  
Research Approach ◽  
Institutional Reforms ◽  
Content Type ◽  
Essential Component ◽  
The Law ◽  
Financial Intelligence ◽  
Practical Implications

Purpose This paper aims to explore the role of the financial intelligence unit in Tanzania in fighting against money laundering and its predicate offences, examine its potential in controlling the problem and describe factors that undermine its efficacy. Design/methodology/approach The doctrinal research approach is used to analyse Tanzania’s anti-money laundering law and appraise its effectiveness in facilitating operations of the financial intelligence unit in fighting against money laundering and its predicate offences. The law-in-context approach is applied to interrogate the anti-money laundering law and describe non-law factors that impinge on the efficiency of Tanzania’s financial intelligence unit. Findings The law vests the financial intelligence unit with powers to perform a number of functions that are significant in fighting against money laundering and its predicate offences in Tanzania. The unit has been instrumental in curbing money laundering. The efficacy of this anti-money laundering agency, which is at its infancy stage, is emasculated by law-related, institutional and non-law factors. These factors undercut the potency of the agency. Practical implications There is a need for Tanzania to undertake policy, legislative and institutional reforms to augment the efficacy of the financial intelligence unit. The reforms should be implemented concurrently with other measures, which will enhance the country’s anti-money money laundering regime. Originality/value This paper applies the legal and non-law perspectives to evaluate the effectiveness of the financial intelligence unit as an essential component of Tanzania’s anti-money laundering regime. It proposes law-related and non-law approaches to augment the efficiency of the unit and the country’s anti-money laundering regime in general.

The essential role of the investigation in fighting economic crime in Italy

2016 ◽  
Vol 23 (2) ◽  
pp. 465-480 ◽  
Author(s):  
Domitilla Vanni
Keyword(s):  
Money Laundering ◽  
Comparative Method ◽  
Economic Crime ◽  
European Convention ◽  
Right To Privacy ◽  
Content Type ◽  
Community Law ◽  
The Law ◽  
Financing Of Terrorism ◽  
The Right

Purpose This paper aims to analyse the evolution of European anti-money laundering discipline passing from the First Money Laundering Directive 91/308/EEC, that was only referred to banks and financial intermediaries, that has been furthermore extended to some activities and professions outside the financial sector. The research examines the different steps done buy Italian Legislation in the field of economic crime: at first Law n. 14/2003 of 3 February 2003 (Community Law 2002), they transposed the 2001 Directive 2001/97/EC and then the Law n. 56/2004 of 20 February 2004, that has implemented Directive 2001/97/EC. Now it is urgent to implement Directive 2005/60/EC that has extended the scope of the legislation, including the fight against the financing of terrorism and modified anti-money laundering obligations. Design/methodology/approach This paper deals with the Legislations of some European States (in particular UK and Italy) interpreting them by a comparative method. Findings This paper has put in clear some differences and some analogies between national legislations of different countries. Research limitations/implications In Italy, at first Law n. 14/2003 of 3 February 2003 (Community Law 2002), has transposed the 2001 Directive 2001/97/EC and then the Law n. 56/2004 of 20 February 2004, has implemented Directive 2001/97/EC. In 2005, Directive 2005/60/EC has extended the scope of the legislation, including the fight against the financing of terrorism and modified anti-money laundering obligations. Practical implications In the context of economic crime, capital investigations represent one of the most effective tools to fight the activities of organized crime in the phase of managing wealth illicitly produced and its immission in the circuit of the legal economy. Social implications The need of fighting economic crime must always be harmonized with the protection of right to privacy that has been acknowledged by Article 8 of the European Convention of Human Rights of 1950 as a fundamental right. Originality/value This paper develops the need to balance the right to privacy of every European citizen (Article 8 CEDU) with investigative power exercised by Public or Private Authorities, considering the possibility to comprise the first – if necessary – to allow the regular exercise of the second.

Macroeconomics of money laundering: effects and measurements

2017 ◽  
Vol 24 (1) ◽  
pp. 65-81 ◽  
Author(s):  
Nella Hendriyetty ◽  
Bhajan S. Grewal
Keyword(s):  
Developing Countries ◽  
Money Laundering ◽  
Tax Evasion ◽  
Developed Countries ◽  
Tax Revenue ◽  
Negative Effects ◽  
Policy Makers ◽  
Content Type ◽  
Macroeconomic Conditions ◽  
Illicit Flows

Purpose The purpose of this paper is to review studies focusing on the magnitude of money laundering and their effects on a country’s economy. The relevant concepts are identified on the basis of discussions in the literature by prominent scholars and policy makers. There are three main objectives in this review: first, to discuss the effects of money laundering on a country’s macro-economy; second, to seek measurements from other scholars; and finally, to seek previous findings about the magnitude and the flows of money laundering. Design/methodology/approach In the first part, this paper outlines the effects of money laundering on macroeconomic conditions of a country, and then the second part reviews the literature that measures the magnitude of money laundering from an economic perspective. Findings Money laundering affects a country’s economy by increasing shadow economy and criminal activities, illicit flows and impeding tax collection. To minimise these negative effects, it is necessary to quantify the magnitude of money laundering relative to economic conditions to identify the most vulnerable aspects of money laundering in a country. Two approaches are used in this study: the first is the capital flight approach, as money laundering will cause flows of money between countries; the second is the economic approach for measuring money laundering through economic variables (e.g. tax revenue, underground economy and income generated by criminals) separately from tax evasion. Originality/value The paper offers new insights for the measurement of money laundering, especially for developing countries. Most methods in quantifying money laundering have focused on developed countries, which are less applicable to developing countries.

South Pacific transnational money laundering typologies

2017 ◽  
Vol 20 (4) ◽  
pp. 345-353 ◽  
Author(s):  
John Chelliah ◽  
Anita Prasad
Keyword(s):  
Money Laundering ◽  
Design Methodology ◽  
Academic Research ◽  
South Pacific ◽  
Pacific Island ◽  
Policy Makers ◽  
Content Type ◽  
Extant Literature ◽  
South Pacific Island ◽  
Pacific Island Nations

Purpose The paper aims to present typologies of transnational money laundering in South Pacific island countries, thereby filling a gap in the extant literature. Design/methodology/approach This paper is based on seven significant transnational money laundering cases involving South Pacific island nations. It provides analyses of the modus operandi of criminals and classifies those according to typologies from anti-money laundering authorities and bodies. Findings Typologies of money laundering have arrived through a content analysis of seven cases involving transnational money laundering destined for South Pacific island nations. The typologies which have emerged show the predominant forms of transnational money laundering in this region. This knowledge could be useful to government policy-makers and financial institutions pursuing anti-money laundering initiatives. Originality/value There is a dearth of academic research into typologies of transnational money laundering involving the South Pacific. This paper makes a useful contribution to the extant literature by providing the most recent typologies in this respect.

Major construction risk factors considered by general contractors in Qatar

2015 ◽  
Vol 13 (1) ◽  
pp. 165-194 ◽  
Author(s):  
Abdulaziz M. Jarkas ◽  
Theodore C. Haupt
Keyword(s):  
Risk Factors ◽  
Cost Effective ◽  
The State ◽  
Risk Allocation ◽  
Relative Importance ◽  
Related Factors ◽  
Policy Makers ◽  
Content Type ◽  
Construction Risk ◽  
General Contractors

Purpose – The purpose of this paper is to identify, explore, rank the relative importance and determine the prevalent allocation response trends of the major construction risk factors considered by general contractors operating in the State of Qatar. Design/methodology/approach – A structured questionnaire survey comprising 37 potential risk factors was distributed to a statistically representative sample of contractors. The influence ranks of the factors explored were determined using the “Relative Importance Index (RII)” technique, whereas the prevalent trend of contractors’ attitudes toward risk allocation of each factor investigated was quantified and expressed as a percentage, based on the number of respondents who selected a specific option, in relation to the total number of respondents. Findings – The results obtained indicate that risks related to the “client” group are perceived as most critical, followed by the “consultant”, “contractor” and “exogenous” group-related factors, respectively. The outcomes further show that the “transfer” option is the contractors’ prevalent response to “client” and “consultant”-related risks, while the “retention” decision is the principal pattern linked to “contractor” and “exogenous” group-related risk factors. Research limitations/implications – The dominant respondents’ perception that the crucial construction risks are related to clients and consultants suggests that these two parties have an essential role in controlling the negative ramifications of the associated factors. Practical implications – The findings suggest that increasing designers’ awareness of the significant effect of applying the constructability concept can considerably help reducing the risks concomitant of the construction operation. Policy makers may contribute, moreover, in alleviating the risk of incompetent technical staff and operatives’ employment by controlling the migration of inexperienced and unskilled construction workforce into the State. Originality/value – Given the knowledge gap for the major construction risk factors considered by general contractors in Qatar, the results reported in this study can provide clients, industry practitioners and policy makers with guidance to effectively manage the significant risks determined, which can further assist in achieving a reasonable level of competitiveness and cost-effective operation.

The applications of Kaizen methods in project settings: applied study in Jordan

2019 ◽  
Vol 31 (5) ◽  
pp. 831-849
Author(s):  
Khalil Ahmad Al-Hyari ◽  
Mohammed Khair Abu Zaid ◽  
Omar Suleiman Arabeyyat ◽  
Laith Al-Qwasmeh ◽  
Mohamed Haffar
Keyword(s):  
Job Shop ◽  
Causal Effect ◽  
Cost Effective ◽  
Research Approach ◽  
Policy Makers ◽  
Content Type ◽  
Adequate Knowledge ◽  
Applied Study ◽  
Quality Control Tool ◽  
Fishbone Diagram

Purpose The purpose of this paper is to explore the results of implementing the Kaizen approach in a caravan repairing project near the Jordanian–Syrian border in the Zaatari camp. Design/methodology/approach The study is based on the exploratory qualitative research approach. The data were collected through interviews and on-site observation with employees who were involved with the caravan maintenance project and have adequate knowledge and information about this project. In this process, a fishbone diagram, a quality control tool, is used to recognize and explain a causal-effect relationship under the selected Kaizen theme. Findings The findings suggest that the Kaizen approach was economical in terms of both money and time. Also, waste elimination can be achieved through a variety of tools and easily combined with the Kaizen approach. Implementing the Kaizen approach is an effective and reliable system that allows for the tackling of all types of inefficiencies in the caravan repairing project. Research limitations/implications The findings of this study will help policy makers and managers put together suitable and effective policies that will assist those firms in overcoming the demands of customers and competitors to deliver high quality, inexpensive products in less time through the application of the Kaizen approach. This, in turn, will lead to improved quality, efficiency and productivity in the most cost-effective way. However, these results should not be generalized since they are only confined to the context of caravan repairing project. Originality/value Very little research has been done that takes into account the contexts of developing countries. Additionally, most literature presents the use of Kaizen applications only in the manufacturing or production sectors. This study is the first to implement Kaizen as a continuous improvement technique in a caravan repairing project – a job shop industry different from the repetitive batch work environment that is usually associated with implementation of Kaizen. The current research should be of great interest to researchers, managers and professionals who wish to apply Kaizen approach as it is sustainable over time in similar projects.

scholarly journals 1MDB corruption scandal in Malaysia: a study of failings in control and accountability

2020 ◽  
Vol 23 (1) ◽  
pp. 59-72
Author(s):  
David Seth Jones
Keyword(s):  
Money Laundering ◽  
Design Methodology ◽  
Internal Controls ◽  
Global Network ◽  
Regulatory Agencies ◽  
Political Will ◽  
International Network ◽  
Content Type ◽  
The Poor ◽  
Media Reports

PurposeThe aim of the paper is to examine the various aspects of the 1MDB scandal including the extent and types of corruption that occurred and the action taken to deal with them. In doing this, the paper seeks to identify the reasons for the scandal and the lessons that can be learnt to avoid such a scandal in Malaysia and elsewhere in the future.Design/methodology/approachThe research for the paper is based on evidence from court hearings, reports of watchdog and regulatory agencies, media reports, and various articles and books written about 1MDB.FindingsThe paper shows that most of the scandal involved embezzlement, bribery, false declarations and bond mispricing relating to extensive borrowing by 1MDB, and entailed a global network of shell companies and individuals through which the illicit money was passed. It also shows weak governance in 1MDB, poor internal controls within banks, the failure of watchdog and enforcement bodies to take the necessary action partly due to political control over them, and overall the lack of political will to deal with the scandal.Originality/valueThe paper builds on the findings of other papers and books written on the 1MDB scandal. It does this by linking the corruption to the borrowings of 1MDB, the international network of money-laundering and bribery through which illicit money flowed, and the poor internal controls in the organisation. It also builds on previous research by highlighting the failure of banks to identify money-laundering and of watchdog and enforcement bodies to deal with the corruption. A further value of the paper is to identify the lessons that can be learnt about combatting corruption on such a scale.

Anti-money laundering – the need for intelligence

2017 ◽  
Vol 24 (3) ◽  
pp. 472-479 ◽  
Author(s):  
Richard John Lowe
Keyword(s):  
Money Laundering ◽  
Organized Crime ◽  
Financial Services ◽  
National Level ◽  
Financial Sector ◽  
International Standards ◽  
Policy Makers ◽  
Content Type ◽  
The Military ◽  
The Impact

Purpose The purpose of this paper is to highlight the need for predictive intelligence to support anti-money laundering programs in the financial sector. Design/methodology/approach The methodology adopted herein consists of a literature review on the use of intelligence in anti-money laundering, the sources of intelligence and information used in the financial sector, supported by experience gained from investigating and prosecuting money laundering cases, and the assistance provided to financial services companies. Findings Banks and other regulated services are required to meet international standards to deny services to criminals and terrorists, identify suspicious activity and report to the authorities. Regulated businesses have large operations which check customers against sources that confirm their identity or against lists of proscribed or suspected offenders at an individual or national level. Their controls tend to look backwards when other organisations that rely on intelligence, such as the military, value predictive, forward-looking intelligence. The penalties that banks and others face for failure in their controls are increasingly severe, as looking backwards and not forwards reduces the extent to which the controls meet their purpose of reducing the impact of organized crime and terrorism. Originality/value This paper serves as a useful guide to alert and educate anti-money laundering professionals, law enforcement and policy makers of the importance of predictive intelligence in countering organized crime and terrorism. It also considers whether lessons in intelligence handling from other areas can inform a debate on how intelligence can be developed to counter money laundering.

Anti-discrimination legislation in the Caribbean: is everyone protected?

2019 ◽  
Vol 38 (7) ◽  
pp. 779-792 ◽  
Author(s):  
Jacqueline Stephenson ◽  
Natalie Persadie
Keyword(s):  
Minority Groups ◽  
Employment Discrimination ◽  
Policy Makers ◽  
Content Type ◽  
Wide Range ◽  
English Speaking ◽  
The Caribbean ◽  
The Law ◽  
Legislative Amendments ◽  
Practical Implications

Purpose The purpose of this paper is to examine employment discrimination in the English-speaking Caribbean by analysing evidence from jurisdictions where anti-discrimination legislation has been enacted (namely Guyana, St Lucia and Trinidad and Tobago (T&T)). Design/methodology/approach This paper reviews existing anti-discrimination legislation in the three named countries, along with available court and tribunal decisions, with a view of determining whether the protections reasonably cover all minority groups. Findings It has been shown that, despite the existence of anti-discrimination law in T&T, St Lucia and Guyana, discrimination is still reported. T&T is the only jurisdiction with a functioning Equality Opportunity Commission and Tribunal, and where a wide range of cases has been adjudicated, relative to St Lucia and Guyana. Research limitations/implications Legislators and policy makers may wish to consider the findings of this research in making legislative amendments or enacting new laws, with a view to broadening the range of protections. Organisational practitioners may use the findings to assist them with interpreting the law (and their responsibilities to protected groups) and its intended impact on HR practice and, where necessary, make changes where current practices are incongruent with the legislation. Practical implications Legislators and policy makers may consider the findings of this research in making legislative amendments, with a view to broadening the range of protections. Organisational practitioners may use the findings to assist them with interpreting and implementing the law. Originality/value This paper reviews current Caribbean anti-discrimination legislation and cases, which to date has not been done. It highlights the omission of sexual orientation from legislation enacted across the region. There is currently a paucity of research on employment discrimination within Caribbean territories and specifically as it relates to the effect of applicable legislation. Consequently, this paper establishes a benchmark for future researchers and it informs organisational and societal stakeholders as to what may constitute prohibited practices.

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