The counter-terrorist finance legal framework: the impact of regulatory compliance on relationships between charities and financial institutions

Purpose The purpose of this study is to explore the relationship between charities and financial institutions, as each represent pivotal structures in upholding the counter-terrorist finance (CTF) legal framework, and to investigate whether matters of regulatory compliance impact on the ability of charities to fulfil their charitable purpose. Design/methodology/approach This paper draws on the empirical evidence derived from 34 semi-structured interviews conducted by the author. Findings The understanding created by the interview data illuminates the challenges and opportunities of interaction between the charity sector and financial service sector in their interpretation and implementation of the CTF regulation. Both direct and indirect effects of this regulatory framework may ultimately affect the operating capability of some charities. Originality/value The research makes an original contribution to the available knowledge, providing new insights and perspectives by uniquely analysing relationships between stakeholders from the perspective of charities: asking a new set of questions to a new set of participants.

Examining the practical viability of internationally recognised standards in preventing the movement of money for the purposes of terrorism

Purpose The purpose of this paper is to examine – using crime script analysis – the practical effectiveness of internationally endorsed and universally recognised counter-terrorism financing (CTF) standards in preventing the movement of money for the purposes of terrorism. The paper does not seek to examine the originating circumstances of terrorist finances or how laundered value is assigned. Design/methodology/approach Preliminary evaluation focuses on the discrepancies between the practices of money laundering and terrorist financing. Following an introduction to crime scripts, internationally endorsed anti money laundering (AML)/CTF practices are discussed to identify the process used to trace, prevent and limit money laundering and terrorist financing. Several terrorist financing case studies are then aligned to the process of crime script analysis to determine whether existing AML/CTF practices are effective in preventing terrorist financing. Findings The AML model “Placement, layering, integration” is only relevant to CTF in the comparatively rare cases when the origin of the money is crime. This creates a false sense of security through over reliance on AML/CTF for CTF purposes. A crime script approach can be applied to terrorist finance, but it is currently hindered by insufficient reporting of low level financing of terrorists, their addresses and associates. Law enforcement make insufficient use of financial intelligence – as a routine practice – in their crime and terrorist investigations; they have not adopted parallel investigation as a routine approach and consequently remain largely unconnected with the AML/CTF regime. Practical implications Utilising terrorist financing case studies, this paper identifies that existing AML/CTF international standards and practices are not adequate for controlling the movement of funds for financing terrorism because of the lack of focus on a specific script that aligns to known terrorist finance methodologies. While the paper identifies that existing AML/CTF international standards are thorough, the process underpinning the financing of terrorism is too dissimilar to the process of money laundering, namely, placement, layering, and integration, to support practices associated with terrorism prevention and detection. Originality/value This paper provides an examination of the practicalities behind the countering of terrorist financing from a compliance and investigative perspective. The paper is of interest to those involved in policy, compliance and investigations associated with terrorist financing.

Part III The Professions and Financial Crime, 11 The Professions and Financial Crime

This chapter looks at corrupt professionals who facilitate crimes involving laundered money. Against a background where global law enforcement is targeting money laundering in order to seek to reduce organised crime, corruption, drug dealing, and terrorist finance, it is obvious that professionals, acting either as unwitting enablers, or as criminal conspirators, are under scrutiny as never before. They must therefore be aware of the extent to which they might be targeted by criminals to assist them in money laundering schemes. The chapter looks at several reasons that professionals might be targeted in this way. Some professionals are open to persuasion, and may knowingly lend themselves to such money laundering schemes or schemes of terrorist finance. In doing so, these professionals will be committing breaches both of the criminal law and of their own professional guidelines. The vast majority of professionals, however, will not knowingly participate in such schemes. The chapter examines the various issues that need to be considered here.

The Evolving EU Anti-Money Laundering Regime

Over the past twenty-five years, the European Union has developed a far-reaching legal regime aimed at countering money laundering. The evolution of this regime has been linked inextricably with the parallel development of global standards in the field, most notably by the Financial Action Task Force on Money Laundering (FATF). This article will critically evaluate the content of EU anti-money laundering law, by putting forward a comprehensive typology of the EU anti-money laundering regime as outlined in the successive EU Anti-Money Laundering Directives and consisting of three elements: the criminalization of money laundering and terrorist finance; the prevention of money laundering via the imposition of a series of duties on the private sector; and the focus on financial intelligence, via the establishment and co-operation of financial intelligence units responsible for receiving and analysing reports received from the private sector. The article will examine the evolution of EU law as regards all elements of anti-money laundering law, by focusing in particular on the changes brought forward by the post-Lisbon Fourth Money Laundering Directive. The article will cast light on the influence of the FATF in shaping these standards and will highlight the impact of the ever expanding EU anti-money laundering legal framework on fundamental rights and the rule of law.