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Contains thirteen national reports and the general report on Money Laundering and Banking Secrecy. The reports were written for the XIVth Congress of the International Academy of Comparative Law which was held in 1994 in Athens, Greece. As narcotics trafficking exploded in the 1980s, it was realized that money laundering had become a threat to the entire integrity of the financial system. The international trend to regard money laundering as a serious threat to the stability of democracy and the rule of law found expression in the adoption of the 1988 United Nations Drugs Convention. Gradually, the international community diverged from its traditional, narrow approach whereby only the laundering of drug proceeds was considered a threat. In order to combat money laundering efficiently, it soon became clear that criminal law was not sufficient and that it was necessary for banks and other financial institutions to co-operate with law enforcement agencies. The banking community is now obliged to report suspicious transactions, which they often regard as going beyond their role as bankers. The issue of bank secrecy has played an important role in the discussion between law enforcement agencies and the banking community. Both the Council of Europe Convention on Laundering Search, Seizure and Confiscation of the Proceeds from Crime and the UN Drugs Convention require that bank secrecy should not be an obstacle to international co-operation. At the national level the seizure of bank records should not be hindered by bank secrecy.
This book gives a broad analysis of the legal issues raised by the international fight against money laundering. It offers an extensive comparative research of the criminal and preventive law aspects from an international perspective. Stessens portrays money laundering as a new criminal trend threatening both national and international societies which must be addressed multilaterally through banking practice, international conventions and human rights. Most of this volume is devoted to specific legal problems that spring from the international nature of the money laundering phenomenon. It contains a most detailed overview on the rules and practices of international co-operation in the fight against money laundering. The publication gives a thorough examination of the exchange of information, lifting banking secrecy, and seizing and confiscating assets, as well as the jurisdictional questions that inevitably arise in this context. The result is a rich and detailed study of international and comparative law.
Anti-Money Laundering is the definitive reference on money laundering and practice. First an outline will be given of the general approach taken by supra-national organisations like the United Nations and the European Council. Next the approach taken by international organisations and initiatives on the basis of the supra-national initiatives will be outlined by senior members of those organisations. A number of countries will then describe their specific prevention legislation. Countries involved will all be member-countries of the FATF (Financial Action Task Force on Money Laundering). Finally there will be an overview to enable the reader to make a comparison between the most important topics of money laundering legislation and rules in the different countries.
The pursuit of the financial proceeds of criminal activity has become a central theme of contemporary crime control. Initially conceived to tackle the global trade in illegal drugs, these methods have been more recently employed in the context of terrorism. This work offers a judicious account of the national and international strategies which seek to cope with crime by attacking its financial underpinnings. The book focuses on the increasingly civil legal orientation of these strategies - a sea change from criminal prosecutions to civil legal instruments. The author focuses on developments of the civil strategy in the US and the UK beginning with its historical origins. The work reveals the contradictions that animate the civil approach to criminal finance and discloses the failure of civil devices, as presently constituted, to comply with rights. It bridges the gap between two jurisdictions prominent in this area; the United States and the United Kingdom. This comparative element distinguishes the project from other work in the field that focuses on a single jurisdiction. Critical in its perspective, the work brings balance and reflection to an emergent area of national and international interest.
The OECD Convention on Bribery established an international standard for compliance with anti-corruption rules, and has subsequently been adopted by the thirty-four OECD members and six non-member countries. As a result of the Convention and national implementation laws, companies and managers now risk tough sanctions if they are caught bribing foreign officials. The UK Bribery Act 2010 is only one example of this development. The second edition of this, the only commentary on the Convention, provides law practitioners, company lawyers and academic researchers with comprehensive guidance on the OECD standards. It includes case examples as well as the FCPA Resource Guide 2012 and the 2009 OECD Recommendation for Further Combating Bribery of Foreign Public Officials with Annexes I and II.
This timely collection of original essays examines the global link between democratic development and political terrorism, delving into the difficult questions, challenges, far-reaching consequences, and uncertainties of dealing with terrorism on an international scale.
English summary: This volume contains the expanded articles written by a group of specialists in comparative legal history, oriental law and ethnological legal research who dealt with various aspects of the position and the function of the judge in Western and Islamic law during the 30th conference for comparative law in Wurzburg in 2005. In both legal systems, the main issue is basically the just judge. Attempts to guarantee that justice is done by a judge can be made in various ways and can complement each other, such as for example through a selection according to general knowledge and honesty, preordained professional careers or rules of procedure for the trial. German description: Dieser Band enthalt die erweiterten Beitrage der Fachgruppe fur vergleichende Rechtsgeschichte, orientalische Rechte und ethnologische Rechtsforschung, die sich auf der 30. Tagung fur Rechtsvergleichung in Wurzburg 2005 mit verschiedenen Aspekten von Position und Aufgaben des Richters nach westlichem und nach islamischem Recht beschaftigte. Dahinter steht in beiden Rechtssystemen letztlich die Frage nach dem gerechten Richter. Versuche, die Gerechtigkeit des Richters zu gewahrleisten, konnen in verschiedenster Weise erfolgen und sich erganzen, so z.B. durch Auswahl nach Sachkunde und Redlichkeit, vorgezeichnete Berufslaufbahnen oder Verfahrenvorschriften fur den Prozess. Im vorliegenden Band mit Beitragen von Wissenschaftlern aus Deutschland, der Turkei, Iran und dem Libanon werden sowohl historische wie aktuelle Aspekte dieses Themas behandelt.
The World Almanac of Islamism is the first comprehensive reference work to detail the current activities of radical Islamist movements worldwide. The contributions, written by subject experts, provide annual updates on the contemporary Islamist threat in all countries and regions where it exists.
Papers originally presented in a conference held at the Catholic University, Milan, on 10-11 May 2002.