Money Laundering Counter-measures in the European Union: A New Paradigm of Security Governance Versus Fundamental Legal PrinciplesKluwer Law International B.V., 1 jan. 2003 - 207 sidor 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. |
Innehåll
the threat and | 7 |
The challenges of security measures against organised crime | 14 |
3 | 23 |
The strategy | 30 |
the case of the United States | 36 |
Concluding remarks | 50 |
the content | 60 |
customer | 69 |
30 | 108 |
Mens rea | 110 |
Predicate offences | 117 |
Conclusion | 123 |
the EC framework | 129 |
active citizenship | 151 |
International cooperation | 170 |
The challenges for human rights | 179 |
vi Tipping | 76 |
background | 86 |
the main issues | 95 |
Security Governance through Criminalisation | 103 |
Bibliography | 189 |
205 | |
Vanliga ord och fraser
1991 Directive According Action Task Force actus reus adoption amending analysis anti-money laundering Article authorities chapter client co-operation combating money laundering Commission Committee competence context Council Directive Council of Europe countries credit and financial criminal activity criminal law criminalisation data protection disclosure draft drug trafficking duty economic Egmont Group Emphasis added established European Communities European Parliament European Union extension FATF FATF Recommendations Financial Action Task financial institutions financial intelligence units financial system framework Gilmore global Ibid identification identity illicit implementation inter alia interests issues law enforcement legislation liability measures Member mens rea money laundering counter-measures Money Laundering Directive money laundering offence organised crime police Preamble predicate offence principle Proceeds of Crime provisions purpose of money regarding regulation risk risk society Savona scope securitisation social Strasbourg Convention suspicious transaction reporting threat tion TRACFIN United Nations
Hänvisningar till den här boken
Money Laundering and the Proceeds of Crime: Economic Crime and Civil Remedies Mary Michelle Gallant Begränsad förhandsgranskning - 2005 |
Fighting Terrorism and Drugs: Europe and International Police Cooperation Jörg Friedrichs Ingen förhandsgranskning - 2008 |