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Fundamental Principles Of Eu Law Against Money Laundering
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Book Synopsis Fundamental Principles of EU Law Against Money Laundering by : Emmanuel Ioannides
Download or read book Fundamental Principles of EU Law Against Money Laundering written by Emmanuel Ioannides and published by Routledge. This book was released on 2016-04-22 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically analyses fundamental principles of EU law for the control of international economic crime. Discussing how the reporting system and the exchange of information are at the heart of the global anti-money laundering regime, the study also looks at the inferential force of financial intelligence in criminal proceedings and the responsibilities this places on prosecutors and criminals alike. The author closely examines the application of Article 8(2) of the European Court of Human Rights for the retention and movement of the fingerprints, cellular samples and DNA profiles of unconvicted persons, and argues the incompatibility with the ECHR, along with the effect of socially stigmatising unconvicted persons. The work concludes with exploring how financial regulation has, inter alia, shifted responsibility to businesses and financial institutions to become more transparent and accountable to financial regulators and tax authorities. This critical analysis is essential reading for law students and the Judicial Body, as well as financial crime investigators and regulators.
Book Synopsis Fundamental Principles of EU Law Against Money Laundering by : Emmanuel Ioannides
Download or read book Fundamental Principles of EU Law Against Money Laundering written by Emmanuel Ioannides and published by Routledge. This book was released on 2016-04-22 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically analyses fundamental principles of EU law for the control of international economic crime. Discussing how the reporting system and the exchange of information are at the heart of the global anti-money laundering regime, the study also looks at the inferential force of financial intelligence in criminal proceedings and the responsibilities this places on prosecutors and criminals alike. The author closely examines the application of Article 8(2) of the European Court of Human Rights for the retention and movement of the fingerprints, cellular samples and DNA profiles of unconvicted persons, and argues the incompatibility with the ECHR, along with the effect of socially stigmatising unconvicted persons. The work concludes with exploring how financial regulation has, inter alia, shifted responsibility to businesses and financial institutions to become more transparent and accountable to financial regulators and tax authorities. This critical analysis is essential reading for law students and the Judicial Body, as well as financial crime investigators and regulators.
Book Synopsis Money Laundering Counter-measures in the European Union by : Valsamis Mitsilegas
Download or read book Money Laundering Counter-measures in the European Union written by Valsamis Mitsilegas and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past fifteen years witnessed the emergence globally of a plethora of legislative measures aimed at countering money laundering. These developments have been inextricably linked with the growing international focus on newly perceived and/or prioritised global security threats such as organised crime and terrorism ' with money laundering counter-measures deemed essential to counter these threats. Taking these developments into account, this book examines in detail the evolution and content of money laundering counter-measures in the European Union. These measures constitute a new paradigm of security governance, achieved through three principal methods: criminalisation, consisting in the emergence of new criminal offences; responsibilisation, consisting in the mobilisation of the private sector to co-operate with the authorities in the fight against money laundering; and the emphasis on the administration of knowledge, through the establishment of new institutions, the financial intelligence units, with extensive powers to administer a wide range of information provided by the private sector. This paradigm may pose significant challenges to fundamental legal principles and to well-established social structures and the book attempts to address this balance. This up-to-date analysis includes the provisions of the new EU money laundering Directive which was formally adopted in December 2001.
Book Synopsis Money Laundering Counter-measures in the European Union by : Valsamis Mitsilegas
Download or read book Money Laundering Counter-measures in the European Union written by Valsamis Mitsilegas and published by . This book was released on 2000 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Anti-Money Laundering State Mechanisms by : Michele Sciurba
Download or read book Anti-Money Laundering State Mechanisms written by Michele Sciurba and published by Edition Faust. This book was released on 2018-05-01 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph offers a comprehensive analysis of the implementation of global anti-money laundering and counter-terrorism financing (AML/CTF) regulations in the United States and the European Union. It provides academics, legal professionals and interested readers with a deep understanding of the developments of the AML/CTF legal framework and guides them into the dimension of its most difficult relation with international and European human rights law. The implementation of global anti-money laundering regulations in the United Stated and the European Union has essentially led to the suspension of laws governing privacy and bank secrecy. Banks and other financial institutions now operate as an extension of law enforcement. The current Anti-Money Laundering regime jeopardises the fundamental achievements of the constitutional state. The increasing centralisation and cooperation of the competent authorities in the exchange of personal data information creates a security architecture that leads to a considerable risk of freedom restriction. In particular, the extension of the authorities ́ power of intervention granting them access to citizens ́ personal data without the need for initial suspicion underlines that a substantial part of the constitutional state is at risk. Furthermore, banks appear to use these policies as an instrument to clear legitimate but less profitable customers, in particular those with a migration background. Consequently, the implementation of the AML/CTF legal framework appears to follow a discriminatory path and clearly discloses incompatibility features with respect to the European Convention on Human Rights and Article 21 of the Charter of Fundamental Human Rights of the European Union. This monograph further explores factors contributing to the inefficiency of AML/CTF regulatory and legislative measures. Such factors are identified in inconsistent rules, which make the cooperation among national investigative authorities within the EU and at an international level more challenging. As a result, this work acknowledges regulatory and legislative harmonisation with respect to AML/CTF regimes as a central tool to successfully improve the effectiveness of AML/CTF regimes, while preserving the individual right to privacy, due process and civil rights.
Book Synopsis The Economic and Legal Effectiveness of the European Union's Anti-money Laundering Policy by : Brigitte Unger
Download or read book The Economic and Legal Effectiveness of the European Union's Anti-money Laundering Policy written by Brigitte Unger and published by Edward Elgar Publishing. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Official government policies against money laundering in the EU have been in place for roughly 25 years, after much concerted effort and a great deal of time and money invested. This volume examines the anti-money laundering policy of the EU Member States in connection to the threat of money laundering they face. During a three-year study the authors analyzed the policies in-depth by traveling to 27 Member States to interview over a hundred people involved in the fight against money laundering. The analysis includes an inquiry into the national supervisory architectures, a comparison of the definitions of money laundering used in practice, a breakdown of the role of Financial Intelligence Units and a cost-benefit analysis of anti-money laundering policy. Skillfully assessing the economic and legal effectiveness of anti-money laundering efforts in the EU, this comprehensive study will appeal to students, scholars and practitioners working in economics, banking, finance and law. Contents 1. Introduction and Operationalization 2. Threat of Money Laundering 3. Harmonization of Substantive Norms in Preventative AML 4. Implementing International Conventions and the Third EU Directive 5. Supervisory Architectures in the Preventive AML Policy 6. Definitions of Money Laundering in Practice 7. FIU's in the European Union - Facts and Figures, Functions and Facilities 8. Information Flows and Repressive Enforcement 9. International Cooperation 10. Collection of Statistics 11. Effectiveness: Threat and Corresponding Policy Response 12. Cost Benefit Analysis 13. Summary and Conclusions
Book Synopsis The European Union Rule of Law in the 'war on Terrorism' by : Cian Christopher Murphy
Download or read book The European Union Rule of Law in the 'war on Terrorism' written by Cian Christopher Murphy and published by . This book was released on 2010 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law is one of the oldest principles of democratic governance. It is a fundamental principle of the European Union (EU), found in Article 6(1) of the Treaty on European Union. In this jurisdiction, it can be said to entail a community of law and principles of protection for individuals and of rational procedures. In other jurisdictions, most notably the United States, the rule of law has been significantly eroded in the context of the 'war on terrorism'. One cause of this erosion is the adoption of pre-emptive measures which are rooted in late twentieth century risk society thinking. As risk society thinking is also prevalent in EU policy-making, the thesis considers whether fundamental rule of law principles have also been eroded in this legal order. The study critically examines key EU counter-terrorism measures, adopted since September 11 2001, to ascertain how rule of law principles have been affected in the 'war on terrorism'. The thesis draws on the work of Michel Foucault to characterise EU counter-terrorism as a 'pre-emptive dispositif. Five key facets of EU counter-terrorism efforts are analysed. First, the common European definition of terrorism is examined, along with related offences contained in the Framework Decision on Combating Terrorism (as amended). Second, the EU's numerous anti-money laundering and counter-terrorist finance laws are investigated. Third, UN and EU targeted asset-freezing sanctions are critiqued. Fourth, certain elements of the EU's data retention policies and relevant legal measures are considered. Fifth, the European Arrest Warrant and European Evidence Warrant are examined. The thesis concludes that while the EU does not possess the strong coercive powers of its Member States and it has generally avoided the use of the 'war' strategy in its counter-terrorism efforts, the effect of its counterterrorism action on the rule of law has been profound.
Book Synopsis Retained EU Law by : ELEONOR. RAO DUHS (INDIRA.)
Download or read book Retained EU Law written by ELEONOR. RAO DUHS (INDIRA.) and published by . This book was released on 2021-02 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Reference Guide to Anti-money Laundering and Combating the Financing of Terrorism by : Paul Allan Schott
Download or read book Reference Guide to Anti-money Laundering and Combating the Financing of Terrorism written by Paul Allan Schott and published by World Bank Publications. This book was released on 2006 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Efforts to launder money and finance terrorism have been evolving rapidly in recent years in response to heightened countermeasures. The international community has witnessed the use of increasingly sophisticated methods to move illicit funds through financial systems across the globe and has acknowledged the need for improved multilateral cooperation to fight these criminal activities. The World Bank and International Monetary Fund have developed this guide to help countries understand the new international standards. It will hopefully serve as a comprehensive source of practical information for countries to fight money laundering and terrorist financing. It discusses the problems caused by these crimes, the specific actions countries need to take to address them, and the role international organizations, such as the Bank and the IMF, play in the process. This guide is a tool for countries to establish and improve their legal and institutional frameworks and their preventive measures according to international standards and best practices. -- From Foreword (p. ix).
Book Synopsis The Future of EU Criminal Justice Policy and Practice by : Jannemieke Ouwerkerk
Download or read book The Future of EU Criminal Justice Policy and Practice written by Jannemieke Ouwerkerk and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book legal and criminological scholars offer advanced analyses of the exercise of the substantive criminal law competences of the EU.
Book Synopsis Limits to EU Powers by : Jacob Öberg
Download or read book Limits to EU Powers written by Jacob Öberg and published by Bloomsbury Publishing. This book was released on 2017-07-27 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: PRAISE FOR THE BOOK “...essential reading for anyone interested in the existence and exercise of EU powers in the field of criminal law. Öberg's critical examination of the constitutional constraints to EU action also raises many questions that are of great interest in other areas of EU competence. The book deserves a wide readership among scholars interested in the constitutional workings of the European Union.” Samuli Miettinen, University of Helsinki & Tallinn University "The main strength of this book lies in its comprehensiveness of dealing with the topical issue of EU regulatory criminal law from the fascinating perspective of limits to EU powers. Its particular contribution to existing scholarship in the field of EU criminal law concerns its focus on judicial checks on the exercise of competences as to which the book offers a convincing proposal for a stricter standard for judicial review in matters of regulatory criminal law and beyond." Professor Jannemieke Ouwerkerk, Leiden Law School "An excellent read on competence allocation in EU law and what it means in criminal law context. This book guides the reader through very complex questions of the contours of subsidiarity, national competences and the exact limits of EU powers. It also supplies up to date case studies of financial crimes and the need for the EU to act effectively and thereby increase confidence in the market and the challenges it may cause for national systems. A very timely contribution." Ester Herlin Karnell, VU University Amsterdam Pursuant to the precepts of EU law, EU policy-makers are bound to ensure that any EU legislation must fall within the remit of the EU's competences. This monograph looks at this highly contested issue, with particular reference to European Union criminal law. It looks at the powers enjoyed by the EU to impose criminal sanctions to suggest mechanisms by which legislative powers could be kept in check. The book argues that the main responsibility for providing checks against the exercise of EU power lies with the EU judiciary. It argues that the most effective form of review is procedural and through the case study of sanctions, provides the basis for such a review. Innovative, engaging and rigorous, this is an important publication both in the field of European criminal and constitutional law.
Book Synopsis Anti-money Laundering and Counter-terrorism Financing Law and Policy by : Anne Imobersteg Harvey
Download or read book Anti-money Laundering and Counter-terrorism Financing Law and Policy written by Anne Imobersteg Harvey and published by BRILL. This book was released on 2019-06-03 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides one of the first accounts of AML/CFT legislation in Australia, sets the international policy context, and outlines key international legal obligations. It assesses its effectiveness and its contribution to the erosion of democracy.
Author :International Monetary Fund Publisher :International Monetary Fund ISBN 13 :9781589063495 Total Pages :154 pages Book Rating :4.0/5 (634 download)
Book Synopsis Financial Intelligence Units by : International Monetary Fund
Download or read book Financial Intelligence Units written by International Monetary Fund and published by International Monetary Fund. This book was released on 2004-06-17 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decade and beyond, the need for a modern anti-money-laundering strategy has become widely accepted internationally. Depriving criminal elements of the proceeds of their crimes has increasingly been seen as an important tool to combat drug trafficking and, more recently, as a critical element in fighting organized crime, corruption, and the financing of terrorism, and maintaining the integrity of financial markets. The first few financial intelligence units (FIUs) were established in the early 1990s in response to the need for countries to have a central agency to receive, analyze, and disseminate financial information to combat money laundering. Over the ensuing period, the number of FIUs has continued to increase, reaching 84 in 2003. This handbook responds to the need for information on FIUs. It provides references to the appropriate Financial ActionTask Force (FATF) standards wherever appropriate.
Author :Klaus-Dieter Borchardt Publisher :Office for Official Publications of the European Communities ISBN 13 : Total Pages :140 pages Book Rating :4.:/5 (318 download)
Book Synopsis The ABC of European Union Law by : Klaus-Dieter Borchardt
Download or read book The ABC of European Union Law written by Klaus-Dieter Borchardt and published by Office for Official Publications of the European Communities. This book was released on 2010 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1. From Paris to Lisbon, via Rome, Maastricht, Amsterdam and Nice. 2. Fundamental values of The European Union. 3. The "Constitution" of The European Union. 4. The legal order of The EU. 5. The position of Union law in relation to the legal order as a whole.
Book Synopsis Crime within the Area of Freedom, Security and Justice by : Christina Eckes
Download or read book Crime within the Area of Freedom, Security and Justice written by Christina Eckes and published by Cambridge University Press. This book was released on 2011-01-20 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 'Europeanisation' of the fight against crime is a broad and much-contested notion. This in-depth analysis of the role of the EU in fighting crime within the area of freedom, security and justice explores the impact of EU policies in the Member States, the progressive convergence of Member States' criminal law systems, the emergence of mutual recognition as an alternative to harmonization, and the incremental development of the ECJ's jurisdiction. The essays also explore the limitations inherent in EU counter-crime policies and the changes brought about by the introduction of the Treaty of Lisbon. These changes are discussed both collectively and within individual substantive areas in which the EU has taken an active role in fighting crime, such as corruption, money laundering, terrorism, organised crime and extradition.
Book Synopsis Legal Aspects of the European System of Central Banks by : Liber Amicorum
Download or read book Legal Aspects of the European System of Central Banks written by Liber Amicorum and published by . This book was released on 2005 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book contains a collection of articles on the European Union and the European System of Central Banks (ESCB), the Eurosystem, monetary law, central bank independence and central bank statutes as well as on financial law. The authors are current or former members of the Legal Committee of the ESCB (LEGCO). This book commemorates ten years of work by the Working Group of Legal Experts of the European Monetary Institute and by the LEGCO. It is dedicated to Mr Paolo Zamboni Garavelli, former Head of the Legal Department at the Banca d'Italia and member of LEGCO, who died in 2004."--Editor.
Book Synopsis Handbook of Anti-Money Laundering by : Dennis Cox
Download or read book Handbook of Anti-Money Laundering written by Dennis Cox and published by John Wiley & Sons. This book was released on 2014-10-23 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt: Effectively implement comprehensive anti-money laundering regulations Handbook of Anti-Money Laundering details the most up-to-date regulations and provides practical guidance toward implementation. While most books focus on the regulations themselves, this useful guide goes further by explaining their meaning to bank operations, and how the rules apply to real-life scenarios. The international perspective provides a broader understanding of the anti-money laundering controls that are in place worldwide, with certain country-specific details discussed in-depth. Coverage includes the Wolfsberg Principles, Financial Action Task Force guidance, the U.S. Patriot Act, and the latest from both the EU and Bank for International Settlements. The IMF estimates that two to five per cent of the global GDP – $590 billion to $1.5 trillion – is laundered every year. Globally, banks and other financial institutions have been required to put in place specific arrangements to prevent and detect money laundering and the criminal activity that underlies it. This book provides the latest regulations and guidance toward application. Understand what money laundering regulations mean in practice Reference international and country-specific rules and regulations Get up to speed on the most current regulations and practices Implement the most effective anti-money laundering measures In response to the increased monitoring and regulation, money launderers have become more sophisticated at disguising the source of their funds. Financial institutions' employees must be ever more aware of what they're facing, and how to deal with it, making actionable guidance a critical companion to any regulatory information. For financial institutions seeking more thorough understanding and practical advice, the Handbook of Anti-Money Laundering is a comprehensive guide.
