Legal risks of bribery increase globally

2016 ◽  
Keyword(s):  
Developing Countries ◽  
Money Laundering ◽  
Civil Aviation ◽  
Criminal Investigation ◽  
Foreign Corrupt Practices Act ◽  
Content Type ◽  
Playing Field ◽  
Legal Risks ◽  
The Us ◽  
The Uk

Subject Foreign Corrupt Practices Act outlook. Significance On August 8, the United Kingdom's Serious Fraud Office (SFO) opened a criminal investigation into allegations of fraud, bribery and corruption at the civil aviation business of Airbus Group. Although in effect since 2011, investigations and enforcements relating to the UK Bribery Act have only recently gathered pace. Enforcement of the US equivalent, the Foreign Corrupt Practices Act (FCPA), is also increasing, with the number of actions in the first half of 2016 outstripping the total for 2015 as a whole. Impacts FCPA and Bribery Act enforcement trends suggest rising overall risk, especially for companies in Asia and the pharma and hi-tech sectors. The London anti-corruption summit in May renewed interest in clamping down on grand corruption and money laundering. Improved enforcement capacity even in developing countries is helping to level the playing field and close loopholes.

scholarly journals Trade-based money laundering (TBML) empowers criminals to run free post-Brexit

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mariola Jolanta Marzouk
Keyword(s):  
Developing Countries ◽  
Law Enforcement ◽  
Money Laundering ◽  
Subject Matter ◽  
Small Sample ◽  
Subject Matter Experts ◽  
Structured Interviews ◽  
Content Type ◽  
The Government ◽  
The Uk

Purpose This paper aims to provide unique empirical findings exploring the impact of the UK’s post-Brexit Economic Strategy to boost trade with developing countries on the UK banking sector’s ability to manage trade-based money laundering risks. Design/methodology/approach Exploratory research design that used structured literature review, followed by semi-structured interviews with key subject matter experts employed by large UK banks. Findings Both banks and law enforcement struggle to prioritise trade-based money laundering (TBML) intelligence discovery due to deficient skills, resources, technology and lack of strong regulatory stimulus. The regulated sector calls for the UK anti-money laundering (AML) reform that would better incentivise TBML deterrence, yet the Government underestimates the money laundering risks while trading with high-risk jurisdictions post-Brexit. Research limitations/implications The findings are based on a small sample of six semi-structured interviews with difficult to access population of key subject matter experts. Despite the small sample, participants provided well-articulated and informed insights. Practical implications The UK’s post-Brexit Economic Strategy to boost trade with developing countries downplays the TBML risks it carries. The findings should alert UK banks, law enforcement and the Government who will collectively bear the responsibility to effectively manage TBML while enabling smooth trading. Originality/value The research provides unique perceptions of UK banks’ senior subject matter experts on managing TBML threats from opportunistic criminals.

US Securities and Exchange Commission’s announcement of chief of Foreign Corrupt Practices Act unit signals possible anti-bribery enforcement focus on non-United States issuers

2018 ◽  
Vol 19 (1) ◽  
pp. 31-34
Author(s):  
James L. Sanders ◽  
Kyle Bahr ◽  
Calvin Chan ◽  
Charles Hewetson
Keyword(s):  
United States ◽  
Design Methodology ◽  
Internal Controls ◽  
Legal Counsel ◽  
Foreign Corrupt Practices Act ◽  
Content Type ◽  
Playing Field ◽  
Additional Pressure ◽  
The Us

Purpose This paper explains how recent statements by the US Securities and Exchange Commission’s (SEC’s) leadership – including the new Chief of the SEC’s Foreign Corrupt Practices Act (FCPA) Unit – signal the American regulator’s intent to “level the playing field” by stepping up its investigations and enforcement of companies worldwide and what non-US issuers can do to prepare. Design/methodology/approach Uses information included in the announcement naming Charles E. Cain as Chief of the SEC’s specialized FCPA Unit to lay out an argument that the Unit’s priorities may focus more on non-US companies than US companies. Findings Based on past statements and written accounts made by Mr Cain, and with the tacit support of other senior SEC officials, it can be assumed that non-US companies will experience additional scrutiny from the SEC, in the name of leveling the playing field. Furthermore, it can be assumed that the SEC will place additional pressure on anti-corruption regimes in other international jurisdictions to do their part in combatting corruption. Originality/value This paper is of value to personnel within non-US issuers who are responsible for creating and enforcing their organization’s anti-bribery or anti-corruption policies and internal controls. It is also of value to legal counsel interested in developing an understanding of the current priorities of the SEC as far as the FCPA is concerned.

Decelerating corruption and money laundering: distilling the positive impact of UKBA 2010 from a holistic perspective

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ejike Ekwueme
Keyword(s):  
Economic Growth ◽  
Money Laundering ◽  
Design Methodology ◽  
Positive Impact ◽  
Case Law ◽  
Foreign Corrupt Practices Act ◽  
Content Type ◽  
Legal Documents ◽  
Global Leader ◽  
The Uk

Purpose The purpose of this study is to highlight the unquantifiable importance that the UK Bribery Act (UKBA) has invigorated into commercial interactions of both natural and legal persons. This repealed all previous anti-corruption and bribery legislation in the UK. It has brought enhanced circumspection into how businesses are to be conducted with the emphasis being placed on adhering to level playing dimensions amongst the participants. The “Organisation for Economic Cooperation and Development (OECD) Pressure” can be rightly attributed to be a galvanizing ingredient that helped to propel the enactment. The UK is, perhaps, now seen as a global leader as far as anti-bribery matters are concerned with the incorporation of robust restraints glaringly introduced into the Act that has demonstrated positive emissions. Design/methodology/approach This study relies on both the primary and secondary legal documents in the analysis. These documents include but not limited to the Holy Bible, UKBA 2010, OECD Bribery Convention 1997, Foreign Corrupt Practices Act 1977 and case law. It is doctrinal in outlook. Findings There is a conspicuous indication that the Act has jolted commercial organisations to be very careful in the way they conduct their businesses in order not to fall foul of the Act. Compliance has improved tremendously. It should not be ruled out that the Act can still be tinkered with given the reactions that it has generated since coming into force. Research limitations/implications This study gives the policymakers an enhanced hope to be able to plan for economic growth in the knowledge that the Act is there to act as a buffer against bribery that will eventually, depending on the quantum, could lead to money laundering. This is a negative to the economy. Originality/value The originality of this study is embedded on the fact that the emissions that the Act has introduced should be acknowledged and adhered to irrespective of the negatives that may be attributed to the Act.

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.

The Economics of Air Traffic Control

1980 ◽  
Vol 33 (1) ◽  
pp. 23-29
Author(s):  
Angus Hislop
Keyword(s):  
Traffic Control ◽  
Air Traffic Control ◽  
Air Traffic ◽  
Air Transport ◽  
Civil Aviation ◽  
Department Of Transportation ◽  
Private Industry ◽  
The Us ◽  
The Uk

This paper is based mainly on a study carried out in 1976/7 for the UK Department of Industry into the long-term development of air traffic control systems in Europe by a team drawn from the Civil Aviation Authority, the Royal Signals and Radar Establishment and private industry, in which Coopers and Lybrand provided the economic expertise.Until the early 1970s, air traffic control was almost completely neglected by air transport economists. Economists contributed to the planning of airports and airline operations but not to the third facet of the air transport system. However, in 1970–1, in conjunction with a programme of expansion and improvement of the country's airports and airways, the US Department of Transportation launched a major study of the airport and airways system. This was designed to establish an equitable charging policy between the different categories of user but in the event its recommendations in this area have only recently begun to be followed.

scholarly journals Sports bra use, preferences and fit issues among exercising females in the US, the UK and China

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Nicola Brown ◽  
Jenny Burbage ◽  
Joanna Wakefield-Scurr
Keyword(s):  
Design Methodology ◽  
Health Benefits ◽  
Global Markets ◽  
Activity Levels ◽  
Positive Health ◽  
Physically Active ◽  
Content Type ◽  
The Us ◽  
The Uk ◽  
The Right

PurposePrevious research suggests that many active females are not engaging in sports bra use, despite the positive health benefits. The aim of this study was to establish and compare sports bra use, preferences and bra fit issues for exercising females in some of the largest and most diverse global underwear markets (the US, the UK and China).Design/methodology/approachA survey covering activity levels, sports bra use and preferences, bra issues and demographics was administered via Qualtrics and completed by 3,147 physically active females (aged ≥ 18 years) from the US (n = 1,060), UK (n = 1,050) and China (n = 1,037).FindingsIn general, participants were 25–29 years, 121 to 140 pounds, 34B bra size and pre-menopausal. “I cannot find the right sports bra” was the most frequent breast barrier to exercise (25.4%). Three-quarters of women wore a sports bra during exercise, with significantly higher use in China (83.9%), compared to the UK (67.2%). A third of all participants reported sports bra shoulder straps “digging into the skin”. Sports bra preferences were: compression sports bras with a racer back, wide straps and thick straps in the US and the UK; thin straps in China and adjustable straps and underband, no wire and maximum breast coverage in the US and the UK, including nipple concealment and with padded/moulded cups.Originality/valueInformation provided on differences in sports bra use, preferences and bra issues across three major global markets could be utilised by brands and manufacturers to optimise bra marketing and fit education initiatives and inform future sports bra design and distribution strategies.

Navigating the US “Green Rush”: anti-money laundering and de-risking implications for banking cannabis-related businesses in Jamaica

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Rohan Clarke
Keyword(s):  
Money Laundering ◽  
Financial Services ◽  
Medical Cannabis ◽  
Content Type ◽  
Drug Enforcement ◽  
The Us ◽  
Banking Relationships ◽  
The Usa ◽  
Related Drug ◽  
Us Federal Government

Purpose This paper aims to illuminate the diverging approaches to marijuana-related drug enforcement at the federal and state levels in the USA, which have facilitated a boom in the US medical cannabis industry (i.e. the “Green Rush”). It further sheds light on how the USA’ aggressive extraterritorial approach to anti-money laundering (AML) enforcement might simultaneously suppress the banking of cannabis-related businesses in Jamaica due to the lingering fear of de-risking. Design/methodology/approach An international and comparative legal and policy analysis was conducted of the nexus among shifting drug enforcement policies, AML laws and the banking of cannabis-related businesses. Findings This study found that the constitutional relationship between the US federal government and states has created a de facto comparative advantage for the US medical cannabis-related businesses that benefit from limited access to financial services. This was found to pose far-reaching implications for the banking and development of the Jamaican cannabis sector due to the dependence of the country’s financial institutions on correspondent banking relationships with the US banks that are regulated by federal AML statutes. Originality/value To the best of the author’s knowledge, this paper is the first of its kind to examine the extraterritorial regulatory risks to the banking of cannabis-related businesses in Jamaica.

Beyond placement, layering and integration – the perception of trade-based money laundering risk in UK financial services

2019 ◽  
Vol 22 (4) ◽  
pp. 614-625 ◽  
Author(s):  
Mario Menz
Keyword(s):  
Money Laundering ◽  
Financial Services ◽  
Design Methodology ◽  
Banking Sector ◽  
Trade Finance ◽  
Content Type ◽  
Proceeds Of Crime ◽  
The Uk ◽  
Practical Implications ◽  
Insight Into

Purpose The purpose of this study was to investigate the perception of trade-based money laundering in Letters of Credit (“L/C”) transactions among trade finance practitioners in the UK banking sector and to compare it to the perception of the same risk by the Financial Conduct Authority (“FCA”), the regulator of the UK’s banking sector. Design/methodology A survey was used to carry out research among financial services professionals engaged in trade finance in the UK. Findings This paper contributes to the existing literature in a number of ways. First, it investigates the perception of trade-based money laundering risk from the perspective of financial services professionals, which has not previously been done. Second, it argues that the perception of trade-based money laundering in financial services is overly focussed on placement, layering and integration, and that the full extent of the offence under the Proceeds of Crime Act 2002 is less well known. It further found that financial services firms need to improve their understanding of the nature of trade-based money laundering under UK law. Practical implications This study argues that the financial services sector’s perception of trade-based money laundering risk in trade finance is underdeveloped and makes suggestions on how to improve it. Originality/value It provided unique insight into the perception of trade-based money laundering risk among financial services professionals.

Is there a commendable regime for combatting money laundering in international business transactions?

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Andrew Emerson Clarke
Keyword(s):  
International Business ◽  
Money Laundering ◽  
Global Economy ◽  
Task Force ◽  
Academic Research ◽  
State Level ◽  
Content Type ◽  
The Usa ◽  
Enforcement Mechanisms ◽  
The Uk

Purpose Money laundering and grand business corruption continue to plague the global economy, accounting for 2%-5% of the global gross domestic product. Illicit funds, produced through grand corruption, are laundered using complex layering schemes that cloak them in legitimacy by concealing their origins. Lamentably, weak anti-money laundering (AML) frameworks promote economic instability, unjust commercial advantages and organized crimes. This study aims to highlight the need for comprehensive anti-corruption and AML frameworks by critiquing the exploitable gaps in the global AML regime created by heterogeneous state-level AML regimes to date. Design/methodology/approach This study welcomes the United Nations Convention against Corruption (UNCAC) and the financial action task force (FATF) recommendations but underscores the limitations of their effectiveness by investigating state-level enforcement mechanisms to determine these instruments’ true impact or lack thereof. The mutual evaluation reports (MERs) and state-level AML regimes in the UK, the USA and Canada are analyzed to illustrate the distinct implementation of international soft law in domestic legislation. Findings This study finds that UNCAC and the FATF recommendations are pivotal steps towards the establishment of a global AML regime for international business, albeit, one that remains imperfect because of the inconsistency of state-level AML frameworks. Consequently, international cooperation is needed to navigate and improve the discrepancies in varied AML legislation. Originality/value The author provides an in-depth and balanced analysis of current state-level AML developments and relies upon the recent 2016-2018 MERs to indicate the successes and flaws of various AML legislation. Therefore, this critique may guide stakeholders to construct robust AML frameworks and contributes to academic research in AML.

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