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

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

A Truly No-Fault Approach to Treatment Injury Cover in Accident Compensation

<p>New Zealand’s accident compensation system is ‘no-fault’, meaning that New Zealanders are compensated for their injuries whether or not they can find someone to blame for their misfortune. However, until 2005, claimants injured while receiving medical treatment had to show either that their injuries were caused by negligence, or that their injuries were both rare and severe. The negligence standard was taken from tort law, and required the claimant to show that the injury was a registered health professional’s fault. This fault requirement created many of the problems that tort law had in the past: it was inefficient, arbitrary, and created a blaming culture that bred hostility between the Accident Compensation Corporation (ACC), the injured, and health professionals. In 2004, ACC published a review of the medical misadventure provisions, calling for them to be replaced by no-fault compensation provisions in line with the spirit and content of the rest of the accident compensation scheme. In 2005, medical misadventure became treatment injury, and both application and acceptance rates rose for claims concerning injuries received during medical treatment. However, the treatment injury provisions still contained fault elements, despite the legislature’s claim that the provisions were no-fault. In this paper, I will address the role of fault in a compensation scheme for those injured during medical treatment. First, I will define fault in its tort law context and outline some strengths and weaknesses of fault as a legal concept. Then, I will provide a short overview of New Zealand’s accident compensation scheme, the medical misadventure provisions, the push for reform, and the structure of the treatment injury provisions. This will give background to an in-depth discussion of the treatment injury provisions’ incorporation of fault standards. Also relevant to this discussion is the accident compensation scheme’s reporting mechanism, which potentially complicates ACC’s role as purely an injury compensating, preventing and rehabilitating body. Finally, it is necessary to consider whether compensation itself is inherently fault-based, an argument raised by some commentators. My conclusion is that some aspects of the treatment injury provisions still use fault to determine cover in some situations. The provisions give particular weight to the fault of the claimant in causing her own injury. This use of fault standards can be removed from the treatment injury provisions with some minor amendments, which are set out at the end of this paper.</p>

A Truly No-Fault Approach to Treatment Injury Cover in Accident Compensation

<p>New Zealand’s accident compensation system is ‘no-fault’, meaning that New Zealanders are compensated for their injuries whether or not they can find someone to blame for their misfortune. However, until 2005, claimants injured while receiving medical treatment had to show either that their injuries were caused by negligence, or that their injuries were both rare and severe. The negligence standard was taken from tort law, and required the claimant to show that the injury was a registered health professional’s fault. This fault requirement created many of the problems that tort law had in the past: it was inefficient, arbitrary, and created a blaming culture that bred hostility between the Accident Compensation Corporation (ACC), the injured, and health professionals. In 2004, ACC published a review of the medical misadventure provisions, calling for them to be replaced by no-fault compensation provisions in line with the spirit and content of the rest of the accident compensation scheme. In 2005, medical misadventure became treatment injury, and both application and acceptance rates rose for claims concerning injuries received during medical treatment. However, the treatment injury provisions still contained fault elements, despite the legislature’s claim that the provisions were no-fault. In this paper, I will address the role of fault in a compensation scheme for those injured during medical treatment. First, I will define fault in its tort law context and outline some strengths and weaknesses of fault as a legal concept. Then, I will provide a short overview of New Zealand’s accident compensation scheme, the medical misadventure provisions, the push for reform, and the structure of the treatment injury provisions. This will give background to an in-depth discussion of the treatment injury provisions’ incorporation of fault standards. Also relevant to this discussion is the accident compensation scheme’s reporting mechanism, which potentially complicates ACC’s role as purely an injury compensating, preventing and rehabilitating body. Finally, it is necessary to consider whether compensation itself is inherently fault-based, an argument raised by some commentators. My conclusion is that some aspects of the treatment injury provisions still use fault to determine cover in some situations. The provisions give particular weight to the fault of the claimant in causing her own injury. This use of fault standards can be removed from the treatment injury provisions with some minor amendments, which are set out at the end of this paper.</p>

BRIBERY AND GRATUITY: REGULATORY ANALYSIS AND JUDICIAL RESPONSE

<p>This paper is aimed at analyzing the concepts and parameters to determine an act as a bribery and gratuity in the Anti-Corruption Law and court cases. This involved the application of the doctrinal legal research to understand these differences. The results of this study showed that bribery requires a meeting of mind between the bribe givers and bribe recipients which is not found in gratuity. The reporting mechanism and the reversal burden of proof do not apply to bribery while Operation Catching Hand does not apply to gratuity due to its inability to satisfy the provisions of the Criminal Procedure Code. Criminal sanctions are also imposed on both the giver and the recipient of a bribe while the act of a giver in gratuity is not considered as a criminal offense. The study also found that the court failed to apply these essential differences.</p>

En-Route Message Authentication Scheme for Filtering False Data in WSNs

In wireless sensor networks, the adversary can easily control the compromised nodes to inject false data reports. En-route filtering is an effective mechanism to resist such attacks, where the forwarding nodes of the reports can identify and drop the false reports. However, the existing en-route filtering strategies are vulnerable to report disruption attacks and selective forwarding attacks, and the probabilities and efficiencies of en-route filtering false reports are low. To address these problems, a precheck mechanism performed by the CoS (Center-of-Stimulus) node is presented to resist report disruption attacks, a report forwarding strategy with balancing the residual energy of the nodes is designed to resist selective forwarding attacks, and an en-route message authentication scheme (EMAS) based on monitoring and reporting mechanism is proposed to resist false data injection attacks. The theoretical analysis and simulation results show that in most cases, EMAS provides a higher security level and higher en-route filtering probability and efficiency and is very efficient in energy saving.

A Thematic Analysis of the UN Convention on the Rights of the Child (crc) State Party Reporting Mechanisms Related To Physical Education, Physical Activity and Sport

The UN Convention on the Rights of the Child (crc) is the most ratified human rights treaty. In this article, three intimately connected concepts will be explored in relation to the framework of the State Party reporting mechanism related to the UN Convention on the Rights of the Child: physical education, physical activity and sport (pepas). A documentary analysis of three key document types from the Treaty Body reporting mechanisms was undertaken, including State Parties Reports (n = 104), List of Issues (n = 126) and Concerns/Observations and Recommendations (n = 797). There was a very low prevalence of the concepts of physical education, physical activity and, to a greater extent, sport, in these three reports. Seven themes emerged after the qualitative analysis: sport programmes, school-based sport, legislation and policies, key agents, interdisciplinary approach, enablers of sport and miscellaneous. Increased questioning of States with regards to their implementation of the right to sport, the issuance of pepas-based recommendations and guidance on how to achieve these rights from the Treaty Bodies would assist in solidifying understanding of sport as a human right and increase the impetus on States to act for pepas provision.

Voluntary Reporting in Decarbonizing Container Shipping: The Clean Cargo Case

Led by the UN’s International Maritime Organization (IMO) and the EU, the shipping industry struggles to reduce its greenhouse gas (GHG) emissions to align with the Paris Agreement. Clean Cargo, the leading voluntary buyer–supplier forum for sustainability in the cargo shipping industry, developed some years ago a methodology to calculate and report the GHG emissions from containerships. The recently introduced carbon emission requirements by the IMO and EU have reinforced the members’ interest in a new Clean Cargo reporting mechanism that enables a more effective and efficient monitoring of the decarbonization progress. A better understanding of the user needs accompanied by due consideration to the regulatory environment and the technological advances are key to build this new framework. This paper builds on the case of the Clean Cargo initiative to (1) identify the stakeholders’ expectations and motivations for voluntary disclosure of environmental information, and (2) discuss the governance challenges of voluntary initiatives. A questionnaire was designed and deployed to investigate the current uses of Clean Cargo data and the information sharing among different stakeholders. Voluntary schemes can speed up the decarbonization process by proposing standards accepted by all actors of the global value chain. Clean Cargo members envision reporting on absolute GHG emissions per shipment as the way forward.

Perancangan Sistem Pelaporan Tindak Kekerasan Pada Perempuan dan Anak Di DP3A Kota Tanjungbalai

: At this time there are still many victims of violence who do not want to report the violence they have experienced because they do not want their identities to be known by others, because it will tarnish their self-respect and because of the complicated reporting mechanism, where the reporter who is going to make a report must come directly. So it is made how to design a violence reporting system and implement PHP and MySQL in it. The methodology used in this research is to first identify problems, study literature, collect data, analyze data, design systems, test systems and implement systems. This violence reporting system can make it easier for reporters to report violence without having to come to the office and it can be concluded that the research has been able to create a reporting system for violence against women and children in DP3A and PMK Tanjungbalai City by implementing the PHP programming language and database MySQL.Keyword : Reporting System, PHP dan MySQL, Violence, DP3A and PMK Abstrak : Pada saat ini masih banyak korban kekerasan yang tidak ingin untuk melapor kekerasan yang dialaminya karena tidak ingin identitasnya diketahui orang lain, karena akan mencoreng harga dirinya dank arena mekanisme pelaporan yang rumit, dimana pelapor yang akan membuat laporan harus datang langsung. Sehingga dibuat bagaimana merancang sistem pelaporan tindak kekerasan dan menerapkan PHP dan MySQL didalamnya. Metodologi yang digunakan pada penelitian ini adalah terlebih dahulu melakukan identifikasi masalah, studi literature, pengumpulan data, analisis data, perancangan sistem, pengujian sistem dan implementasi sistem. Sistem pelaporan tindak kekerasan ini dapat mempermudah para pelapor dalam melakukan pelaporan tindak kekerasan tanpa harus datang ke kantor dan telah dapat disimpulkan bahwa penelitian telah mampu membuat sebuah sistem pelaporan tindak kekerasan pada perempuan dan anak di DP3A dan PMK Kota Tanjungbalai dengan menerapkan bahasa pemrograman PHP dan database MySQL. Kata Kunci : Sistem Pelaporan, PHP dan MySQL, Tindak Kekerasan, DP3A dan PMK

Settlement Mechanism of Banking Fraud and the Role of the Financial Services Authority in Indonesia

The development of technology and digitalization in Indonesia in recent years has been very rapid. In the era of technology disruption, every industry must be ready to adapt to face dynamic changes. The banking industry inevitably has to adapt to existing technological developments. Unfortunately, the developments are also followed by the growth of various frauds in banking. In response to this, Indonesian Financial Services Authority namely Otoritas Jasa Keuangan (OJK) demand banking industry to improve the reliability of Information Technology infrastructure. Several recent cases of mislaid customer funds show several loopholes in the existing banking security system. Customarily, customers who experience similar cases have reported the matter directly to the police authority, which in turn having extensive investigation process. In this paper, authors try to explain the role of OJK in improving the issues settlement, including by improving the banking system. Data is collected from a series of major cases of embezzlement in Indonesian banking and also from Financial Services Regulations to see the role that could be improved. The main conclusions are to report any irregularities to OJK in the first place instead to the police because Financial Services in Indonesia already has its own supervisory agency, and there needs to be massive socialization to customers regarding the reporting mechanism.