- •ABBREVIATIONS AND ACRONYMS
- •INTRODUCTION
- •1. The evolution of money laundering and AML/CFT measures
- •1.1. A brief history of money laundering
- •1.2. The first stage of ML evolution: Al Capone tax evasion charges
- •1.3. The subsequent stages of ML evolution: better hiding techniques
- •1.4. The appearance of “money laundering” expression in the legal context
- •1.5. Further development of the international AML/CFT standards
- •2. An overview of money laundering and AML regime goals
- •2.1. Basic concept of money laundering
- •2.2. Predicate offences: the scope and methods of AML/CFT description
- •2.3. Definition of money laundering in the narrow sense
- •2.4. Definition of money laundering in the broad sense
- •2.5. Anti-money laundering measures of combating organized crime
- •2.6. The process of money laundering and modeling of its phases
- •3. Applying a risk-based approach to a model AML/CFT regime
- •3.1. Key institutions of a national AML/CFT regime
- •3.2. Methodology bases of a risk-based approach and national AML/CFT coordination
- •3.3. Financial institutions: definition for AML/CFT purposes through activities and operations related to managing clients’ assets
- •3.4. Definition of financial institutions for AML/CFT purposes through activities and operations other then managing clients’ assets
- •3.5. AML/CFT definition of designated non-financial businesses and professions
- •3.6. AML/CFT risk-assessment obligations and decisions for countries
- •4. Legal requirements for a national AML/CFT regime
- •4.1. An extension of liability for money laundering to the predicate offence perpetrator: the adverse implications for the economy
- •4.2. Dual criminality for money laundering offences committed internationally
- •4.3. “State of mind” connected with a money laundering offence
- •4.4. Confiscation and provisional measures related to AML/CFT
- •4.5. Non-conviction based confiscation and corporate liability for money laundering
- •5. Explanations of terrorism and the financing of terrorism
- •5.1. Social and economic origins of terrorism
- •5.2. Basic concept of terrorist financing
- •5.3. Legal definition of terrorism and terrorist financing
- •5.4. Characteristics of the terrorist financing offence and legal capacity to prosecute persons that finance terrorism
- •5.5. Targeted financial sanctions related to terrorism, terrorist financing and proliferation
- •6. Institutional bases of the international AML/CFT framework
- •6.1. The United Nations bodies of the international AML/CFT framework
- •6.2. The United Nations organizations of the international AML/CFT framework
- •6.3. Main functions of the Financial Action Taskforce
- •6.4. The Financial Action Task Force associate members and observers
- •6.5. The Egmont Group of financial intelligence units and international AML/CFT standard setters in banking, securities and insurance sectors
- •6.6. The Wolfsberg Group of banks and its AML/CFT documents
- •7. Customer due diligence measures undertaken by financial institutions
- •7.1. General requirements for AML/CFT programs of financial institutions and groups of financial institutions
- •7.2. Methodology approach to customer due diligence
- •7.3. Additional features of customer due diligence
- •7.4. Customer due diligence measures for legal persons and their arrangements
- •7.5. Actions of financial institutions in case of inability to comply with customer due diligence requirements
- •7.6. AML/CFT-related record-keeping requirements for financial institutions
- •8. Risk-based approach pursued by financial institutions in customer due diligence
- •8.1. Reliance on customer due diligence information received from third parties
- •8.2. Potentially higher-risk situations for enhanced customer due diligence measures
- •8.3. Lower-risk situations for simplified customer due diligence measures
- •8.4. Enhanced customer due diligence measures
- •8.5. Simplified customer due diligence measures
- •9. Additional AML/CFT measures for specific activities of financial institutions
- •9.1. AML/CFT requirements for cross-border correspondent banking relationships
- •9.2. Definition of wire transfers and activities of involved parties
- •9.3. The scope of applying AML/CFT measures to wire transfers
- •9.4. AML/CFT measures of information gathering related to wire transfers
- •9.6. AML/CFT obligations for persons that provide money or value transfer services
- •10. Additional AML/CFT measures for specific customers, entities and professions
- •10.1. Definition of politically exposed persons and the scope of applying AML/CFT measures
- •10.2. Additional AML/CFT measures for politically exposed persons
- •10.3. AML/CFT requirements for financial institutions with foreign operations
- •10.4. Customer due diligence and record-keeping requirements for designated non-financial businesses and professions
- •10.5. Other AML/CFT requirements for designated non-financial businesses and professions
- •11. Competent authorities of a national AML/CFT system
- •11.1. General requirements for government agencies with an AML/CFT function
- •11.2. Approaches to AML/CFT-related regulation and supervision
- •11.3. Financial intelligence unit and its core functions
- •11.4. AML/CFT responsibilities of law enforcement and investigative authorities
- •11.5. Detecting and countering activities of cash couriers for the AML/CFT purposes
- •12. Additional requirements for a national AML/CFT regime and issues of international cooperation
- •12.1. Transparency and beneficial ownership of legal persons and their arrangements
- •12.2. Prevention of using non-profit organizations for the purpose of terrorist financing
- •12.3. General principles of AML/CFT mutual legal assistance
- •12.4. Mutual legal assistance: freezing and confiscation of assets related to money laundering and terrorist financing
- •12.5. Extradition in relation to money laundering and terrorist financing
- •12.6. International exchange of information between government agencies with an AML/CFT function
5. Explanations of terrorism and the financing of terrorism |
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KEY WORDS |
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Al-Qaida |
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Resolution 1267 |
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targeted |
financial |
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designation |
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Resolution 1373 |
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sanctions |
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donations |
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Resolution 1718 |
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terrorism |
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extremism |
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Resolution 1737 |
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Tugs |
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hostage |
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Resolution 1929 |
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UN Security Coun- |
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hostilities |
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Resolution 1988 |
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cil Resolution |
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intimidation |
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seizure |
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violence |
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maritime navigation |
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self-funding |
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weapons |
of mass |
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politics |
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Sicarii |
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destruction (WMD) |
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proliferation |
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Taliban |
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Zealots |
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radicalism |
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KEY QUESTIONS
•Give the definition of politics.
•What is the difference between extremism and terrorism?
•When did the first terrorist activity appear?
•When did the term “terrorist” first appear?
•Describe major terrorist-related activities of the Sicarii and Zealots groups.
•Where and when did the Tugs cult operate? How can its activities be defined as terrorist-related?
•Where did the Ismailis sect operate? List major goals and methods of the cult that can be defined as terrorist.
•Describe the terror activity during the French Revolution.
•List major external groups of sources of funds for terrorists.
•What are the major possibilities for self-funding of terrorism?
•What are the two groups of donations that terrorists receive?
•Why may terrorists engage in smuggling?
•Why is it necessary for terrorists to conceal the source of their funds?
•Terrorists are trying to conceal the source of their funds. Which transactions can the terrorists undertake in order to achieve the purpose?
•List the similarities between smurfing activities organized by financiers of terrorism and money launderers.
•Name the main groups of results and proceeds of a terrorist activity.
•Give an example of moral satisfaction derived by a sponsor of terrorist attack.
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•How can a terrorist act directly generate proceeds for its organizers?
•Does indirect collection of funds for an individual terrorist act constitute a terrorist financing offence?
•What is a definition of an act that is intended to cause serious body injury to a civilian with the purpose to intimidate a population?
•List the most important terrorist-related offences, within the scope of international treaties, mentioned in the Terrorist Financing Convention.
•Is intimidation of population a required characteristic of a terrorist act? Why?
•Which two features are required to be present in the state of mind of a person, who provides funds for a terrorist act, in order to qualify his actions as terrorist financing?
•List three activities, connected with the terrorist financing, that should be criminalized.
•What is the difference between extremism and abetting to commit a terrorist act?
•In the definition of a terrorist financing offence, is it necessary for the funds to be linked to a specific terrorist act? Why?
•List three general qualities of sanctions against terrorist financing.
•Define the term “targeted financial sanctions”.
•What is the difference between asset freezing and prohibitions targeted at designated persons or entities?
•What does the term designated person or entity refer to?
•Which two areas cover financial sanctions pursuant to the UN Security Council Resolutions?
•Define the proliferation of weapons of mass destruction.
•What are the de-listing and unfreezing procedures (as part of targeted financial sanctions related to terrorist financing)?
•Which Resolution was passed on Al-Qaida? List the issues covered by the Resolution.
•Which Resolution was passed on Taliban? List the issues covered by the Resolution.
•What is a distinctive feature of the Resolution 1373 (2001)?
•For what were Iranian organizations designated by the Resolution 1929 (2010)? Name these organizations and explain the goal of such designations.
•List two countries that were mentioned in the UN Security Council Resolutions in relation to designating persons or entities engaged in weapons of mass destruction-related programs. What was the purpose of such designations?
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5.1. Social and economic origins of terrorism
Levels of expressing social relations involving authority and power
Public demands are chan- neled via political units 1. Politics
and institutions
Focused on altering social |
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structures, changing value |
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systems |
2. Radicalism |
Groups (or individuals) make general calls for use of violence against the will
of society. Usually incorpo- 3. Extremism rates religious and ethnic
arguments.
Voting after election campaigns
Lobbying by special interest groups (corporate, ethnic, religious, etc)
Uses revolutionary means of expression
Terrorists and terrorist organizations commission acts that the extremists are speculating on
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Extremism should be distinguished |
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from abetting to commit a terrorist act |
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4. Terrorism |
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Terrorist activity is being used as a |
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The acts are perpetrated for |
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source of income for organizers and |
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various social goals that can- |
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members of terrorist groups |
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not be achieved otherwise |
•Terrorist activity existed since the dawn of humanity. There were Jewish
groups active during Roman occupation (the Sicarii and the Zealots), the
Ismailis (an 11th century Shia Muslim sect), the Tugs (an Indian religious cult).
•The term “terrorists” was first used during the French Revolution when M. Robespierre participated in public executions of over 40,000 people by guillotine. He wrote: “Without virtue, terror is destructive; without terror, virtue is impotent. Terror is only justice prompt, severe and inflexible.”
•Wide-spread terrorist activity in late 19th – early 20th centuries perpetrated by anarchists and revolutionaries as part of their struggle against ruling regimes.
•Linking of terrorism and organized crime in late 20th century. The rise of international terrorism, including Al-Qaida and the Taliban.
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5.2. Basic concept of terrorist financing
External sources |
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Self-funding |
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A sponsor provides funds that are legal in origin, e.g. donations by wealthy individuals or rogue states
Donations |
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for |
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Income from |
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Proceeds |
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humanitarian |
or |
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a legal com- |
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from criminal |
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missionary |
pur- |
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pany owned |
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activity orga- |
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poses |
collected |
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by a terrorist |
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nized |
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a |
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from the follow- |
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organization, |
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terrorist |
or- |
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ers without dis- |
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e.g. taxi cabs |
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ganization, |
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closing |
the |
true |
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e.g. |
smug- |
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terrorist |
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nature |
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gling and ex- |
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of activity |
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tortion |
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Funds for terrorist activity
A necessity to conceal the source |
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Government enforced CFT |
and ultimate use of funds |
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measures |
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Trying to achieve this purpose financiers of terrorism engage in transactions similar to money laundering and also use:
•non-profit organization, e.g. charities
•alternative remittance systems (ARSs), such as hawalas
•international cash couriers
Terrorist activity
Results and proceeds of a terrorist activity
Moral satisfaction |
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Fulfillment |
of |
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Financial |
gains |
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Proceeds gener- |
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derived by indi- |
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business, ideo- |
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(income) |
by |
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ated by a terror- |
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vidual sponsors |
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logical and reli- |
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members |
of a |
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ist act, |
e.g. |
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and terrorists |
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gious goals, |
set |
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terrorist |
organi- |
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through |
stock |
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by sponsors |
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zation |
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market trading |
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