scholarly journals The Effectiveness of Maldives’ Financial Intelligence Unit in Combating Money Laundering

2021 ◽  
Vol 16 (3) ◽  
pp. 409-435
Author(s):  
Ahmed Jaleel ◽  
◽  
Sharifah Nazatul Faiza Syed Mustapha Nazri ◽  
Salwa Zolkaflil ◽  
Normah Omar ◽  
...  

Money laundering has become a vast global concern, and the rates are growing. Hence, there is a need for a good preventive and monitoring mechanism that monitors suspicious transactions at the source. In Maldives, a Financial Intelligence Unit (FIU) was introduced to gather, analyse, and provide financial intelligence report to law enforcement agencies to proceed with an investigation. The FIU plays a vital role in the Anti-Money Laundering (AML) Regime in successfully combat money laundering activities. Since the AML Regime in Maldives was established in 2014, there is a need to conduct a study to investigate the effectiveness of the FIU in combating money laundering in the Maldives. Based on questionnaires collected from 122 enforcement officers, findings show that reporting mechanisms significantly influence the effectiveness of the FIU. The legal framework and the role of the officer did not significantly influence the effectiveness of FIU. It shows that the competency of LEAs in combating money laundering in the Maldives is still low. Therefore, the government needs to enhance the awareness and competencies of enforcement officers in combating money laundering. Future research may conduct a comparative study to understand further the best reporting mechanism that can help enhance the effectiveness of law enforcement agencies. Keywords: financial intelligence unit, money laundering, reporting mechanism

2021 ◽  
pp. 215-238
Author(s):  
Paulo Machado ◽  
Lúcia G. Pais ◽  
Sérgio Felgueiras ◽  
Carina Quaresma

There have been profound social transformations in Portugal in the last 50 years. Portugal currently adheres to the international and European agenda to prevent domestic violence. In the chapter the Portuguese legislation and the reporting figures regarding domestic violence, the role of the Law Enforcement Agencies, other first responder agencies, and pertinent stakeholders in responding to high impact domestic violence, as well as the National Network for the Support of Victims of Domestic Violence, are addressed. The authors also discuss good practices and significant challenges. Two of these are intertwined – none of them is quickly addressed, nor can they be addressed by themselves. One is developing a collective attitude that considers domestic violence as unacceptable behaviour, besides being punished by the criminal law. The other is directly posed to the law enforcement agencies and has to do with the increasing complexity of the operational procedures (derived from the new tools presented by the government recently). The problem of elites provoking social change on a superlative level is to forget that adopting new social models is not achieved by decree but through social influence processes, which takes time.


2020 ◽  
Vol 23 (2) ◽  
pp. 369-378
Author(s):  
George Pavlidis

Purpose This paper aims to examine three important interrelated issues that arise in the context of financial investigations: the access of law enforcement agencies to centralised bank account registries that have been set up in several jurisdictions; the exchange of financial information between financial intelligence units (FIUs) that function in different jurisdictions; and the exchange of financial information between FIUs and law enforcement bodies. Through the adoption of Directive 2019/1153, the European Union (EU) has attempted to achieve a paradigm shift in these three areas, but many challenges remain, from the interconnection of registries to the implementation of adequate data protection safeguards. Design/methodology/approach This paper draws on primary sources of law, legal scholarship, reports and open source data to analyse the changes that Directive 2019/1153 has brought about in conducting financial investigations in the area of anti-money laundering (AML) and the counter-financing of terrorism (CFT). Findings The new Directive 2019/1153 constitutes an international model for broadening the access of law enforcement agencies to financial information and facilitating information exchanges between FIUs and law enforcement agencies. Nevertheless, many challenges have still to be addressed, such as the interconnection of centralised registries and the implementation of adequate safeguards. Originality/value This is a comprehensive study examining the new EU framework for access to financial information and information exchanges between FIUs and law enforcement agencies, which can be used as a model for international cooperation in the areas of AML/CFT.


2016 ◽  
Vol 2 (1) ◽  
pp. 46
Author(s):  
Sri Endah Wahyuningsih ◽  
Rismanto Rismanto

Criminal law enforcement policy on prevention of money laundering in the context of criminal law reform in Indonesia can be started with the establishment of an appropriate legal products through through the government and passed by the House of Representatives, the readiness of law enforcement, protection for whistleblowers, reverse proof, constraints faced in the implementation of policies enforcement of criminal law on prevention of money laundering in the context of criminal law reform in Indonesia, the Increasing Money Laundering, human resources investigator’s ability is limited, Lack of coordination among law enforcement agencies, Prevention and Eradication of Money Laundering in the form a the Reporting Center and Financial analysis hereinafter referred PPATK. This institution is an independent agency that has the authority and duty to examine the suspected actions related to money laundering.


2019 ◽  
Vol 6 (6) ◽  
pp. 103-107
Author(s):  
Денис Шелестинский ◽  
Denis Shelestinskiy ◽  
А. Буртасова ◽  
A. Burtasova

The process of formation of the existing system of counteraction to legalization of proceeds from crime, which is based on the principles of interaction between financial, administrative institutions and law enforcement bodies, is considered in the work. Unlike the United States and Great Britain, the Ministry of Economy and Finance is responsible for developing policies to counteract money laundering in Italy. The paper analyzes the activities of the national financial intelligence unit of Italy — L’Unita` di informazione finanziaria per l’Italia (UIF), established in accordance with Legislative Decree 231/2007 as an independent body within the structure of the Bank of Italy, as well as the National Commission for Companies and The stock exchange and the Institute for Insurance Supervision. Based on the data received, the authors draw attention to the fact that Italy has a well thought-out regime for countering the legalization of proceeds from crime through a well-developed legal framework. During the research, the authors used historical, logical, statistical, systemic and prognostic methods of investigation. The main conclusion of the study was that the distinctive feature of the Italian system is the close interaction of the national financial intelligence unit with the Bank of Italy, whose formally independent but essentially structural subdivision is it.


ERA Forum ◽  
2022 ◽  
Author(s):  
Teresa Quintel

AbstractFinancial information can play a key role in tackling money laundering, terrorist financing and combatting serious crime more generally. Preventing and fighting money laundering and the financing of terrorism were top priorities of the European Union’s (EU) Security Strategy for 2020-2025, which might explain the fast developments regarding legislative measures to further regulate anti-money laundering (AML) and counter terrorism financing (CTF). In May 2020, the European Commission put forward an Action Plan to establish a Union policy on combatting money laundering and shortly afterwards, proposed a new AML Package.Financial Intelligence Units (FIUs) play a crucial role in analysing and exchanging information concerning unusual and suspicious transactions, serving as intermediaries between the private sector and law enforcement authorities (LEAs). Such information includes personal data, which is protected under the EU data protection acquis. The latter is constituted of two main laws, the General Data Protection Regulation (GDPR), which applies to general processing and the so-called Law Enforcement Directive (LED) that is applicable when competent law enforcement authorities process personal data for law enforcement purposes.This Article argues that the current legal framework on AML and CTF legislation is unclear on the data protection regime that applies to the processing of personal data by FIUs and that the proposed AML Package does little or nothing to clarify this dilemma. In order to contribute to the discussion on the applicable data protection framework for FIUs, the assessment puts forward arguments for and against the application of the LED to such processing, taking into account the relevant legal texts on AML and data protection.


2018 ◽  
Vol 3 (2) ◽  
pp. 54
Author(s):  
Chos O A.

The maintenance of economic security of the state is currently the most important problem of governments of all countries. This affects the economic stability of the population, the confidence of citizens to their government, relations at the international level. Law enforcement agencies need to fight threats such as money laundering and corruption. The role of citizens in this struggle is far from minimal, and their level of legal awareness has a decisive influence in this struggle. Keywords: economic security, AML / CFT, corruption, legal awareness, sense of justice


2020 ◽  
Vol 3 (1) ◽  
pp. 90-105
Author(s):  
Rabi Raj Thapa

There can be no issue of greater consequence than the use of force for police and law enforcement professionals. In a transitional post-conflict country like Nepal, internal security agencies play a vital role in managing the complexity of political, social and economic transformation. Ever since the end of the feudal oligarchic militaristic Rana regime, internal security and law enforcement took precedence in providing safety and security for the Nepalese people. Since Nepal entered a democratic transition in 1950, it almost failed to consolidate and strengthen its internal security and law enforcement apparatus by appropriately restructuring and consolidating the Nepal Police and National Intelligence functions. Even after the democratic political transformation of 1950, it took five years to establish the national Nepal Police in 1955. Law enforcement agencies are now challenged to solve problems well beyond traditional scope. Therefore, internal security must come up with highly developed methods of policing and law enforcement. Technologically, this may not be possible yet, but it can provide management and training of its personnel based on world standards of policing and emphasizing knowledge and skill enhancement and professional behavior. This paper has tried to focus and analyze the use of force by internal security apparatus of the Government of Nepal in the past and brain-storm its future roles and challenges. The paper is divided into two parts. The first part will touch upon contextual commentary on the use of force in brief. The second part will highlight three time-tested models and procedure of the use of force.


2021 ◽  
Vol 13 (1) ◽  
pp. 255-266
Author(s):  
Wiesław Jasiński

Cyberlaundering is a money-laundering mechanism that has been developing since the beginning of this century. Only recently, however, have the detailed rules for preventing this phenomenon been introduced. The Act of 1 March 2018 on Counteracting Money Laundering and Terrorist Financing introduced a number of solutions defining the identification and verification obligations for transactions in cyberspace. Following these changes, it will be necessary to develop the best methods of cooperation between all actors of the cyberlaundering system: obligated institutions, cooperating units and law enforcement agencies. The author draws attention to the national cyberlaundering risk assessment, prepared with the participation of obliged institutions, cooperating units and law enforcement bodies. Its use will affect the collection and sharing of more information useful in the detection process and the timing of detection activities. A specific area of national risk assessment will be cybercrime. The author believes that the detection of crimes in cyberspace should be included in a new legal framework, which would allow the specificity of the digital area to be directly taken into account, without having to resort to often difficult and practically always ambiguous legal interpretations in this regard.


2019 ◽  
Vol 1 (1) ◽  
pp. 1-11
Author(s):  
Ngozi Stella Udechukwu

Children most times are vulnerable to abuse, unable to decide what happen to them and that is why intervention is necessary for the lives of children that are sold to unknown destinations in Nigeria. This study investigates social work intervention strategies against illegal child adoption in Enugu State, Nigeria. Mixed method design is used to authenticate data collected from questionnaire. Ministry of Gender Affairs (Welfare Unit Staff) Enugu and Welfare Office Nsukka were interviewed on the process of adoption and its efficacy. Two hundred questionnaires were shared to 200 respondents using availability sampling as method of their selection. The data were computed using the Statistical Package for Social Sciences (SPSS version 20). The findings show that majority 142 (71%) of the respondents saw adoption as acceptable and government approved while 58 (29%) said it stigmatizes and culturally disapproved. It also showed that majority 126 (63%) go for illegal adoption while 74 (37%) follow legal means. The reasons for illegal adoption – 88 (44%) said cheaper avoiding bottlenecked procedures at the social welfare; 81 (40.5%) said fear of being stigmatized by neighbours and 24 (12%) ignorance of its consequences. Some 72 (36%) said that some sell off their babies to avoid the stigma, shame, family/society’s prosecutions, 85 (42.5%) for economic reasons; 24 (12%) is to do away with the baby and continue with life and 19 (9.5%) supports all of the above reasons. Majority 157 (78.5%) said no serious attention has been given by the government to stop baby selling due to corruption of the law enforcement agencies. The entire 200 (100%) respondents agreed that social workers have many roles in preventing illegal adoption like working with the federal ministry of women or gender affairs to ensure proper child adoption and follow up after adoption to ensure the safety of the baby, since many baby buyers use them for rituals. These findings have obvious implications for social policies and future research on child welfare.


2019 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Ramadhan Hamzah

<em>Public participation is the active role of individuals, community organizations, or NGOs in the prevention and eradication of corruption. Forms of public participation contained in Articles 41 and 42 of Law on Corruption Eradication/PTPK. As a subject matter that will be explored, namely: 1) How does the implementation of public participation in efforts to combat corruption in West Sumatra. 2) What are the obstacles for people to take part in efforts to combat corruption. 3) Are efforts made to overcome the obstacles to participate in efforts to combat corruption. The research method used is the juridical sociological/empirical. Results and discussion of the study show that: 1) The role of the community in this regard NGOs in West Sumatra is high enough effort in eradicating corruption in West Sumatra, it is seen from the various agendas that have been implemented, one of which anti-corruption education among students. 2) Constraints were found to participate in the eradication of corruption is internal and external constraints.<strong> </strong>3) The efforts made by NGOs to overcome the internal obstacles are: Engaging the worshiper in discussions and training, open opportunities for students who have graduated to serve in institutions, maximize fundraising. While the effort to overcome external obstacles are: Enterprising discussions with law enforcement agencies, civic groups reported the formation of the government and the owners of capital who intimidate activists to the authorities, forming the Division Fundraising, is eager to press conferences and media discussion and establishment of shelters Monitoring and Advocacy Mafia Law.</em>


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