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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. To minimise the negative impact on personal freedoms, it proposes a reading of Australian provisions in line with international caselaw. Expanding her analysis on the international level, the author offers an appraisal of the measures taken, both in terms of criminal policy and cost for civil society. She argues that the development of soft law and the increased powers given to law enforcement agencies, which sub-contract surveillance to the private sector, further erode the legitimacy of State action and the rule of law, and ultimately the democracy the laws were meant to protect.
In declaring the war against terrorism President George W. Bush also declared war on the financing of terrorism. In this book, bankers, regulators and academics pose a variety of questions from their individual perspectives: What can financial institutions realistically contribute to the suppression of terrorist financing? Can individual rights be protected in these circumstances? These questions are analyzed by experts who come up with some thought-provoking answers.
Since the 9/11 attacks the world has witnessed the creation of both domestic and international legal instruments designed to disrupt and interdict the financial activities of terrorists. This book analyses the counter-terrorist financing law (CTF), policy and practice at the national level, focusing on Turkey. The work examines the limits and capabilities of CTF efforts on terrorism threats and determines the effectiveness of CTF efforts in Turkey, a country which has a pivotal role in terms of countering terrorism regionally and internationally. The Turkish case-study is supported by an empirical study involving 37 semi-structured interviews with CTF practitioners and law enforcement experts with different affiliations and backgrounds. The findings illustrate that Turkey’s CTF system has not obtained an adequate level of effectiveness as a result of lack of proper implementation of its policy in the bureaucratic, legal and operational spheres. It is evident that the administrative and legal systems in Turkey are established according to the ‘one-size-fits-all’ international CTF standards and thus are compliant with the international CTF benchmarks, yet the interviews reveal significant challenges at the implementation level including lack of training and financial security, heavy handed bureaucracy, inadequate coordination and communication between international and national levels. The book will be an invaluable resource for academics, students and policy-makers working in the areas of financial crime and terrorism.
It is an axiom within the U.S. law enforcement and intelligence communities that "following the money" is the key to disrupting and dismantling criminal organizations. The same is true when it comes to terrorist networks. Officials in the United States and abroad now realize that fighting terrorism financing (and its corollary, money laundering) is one of the best ways to prevent future catastrophic attacks. As a new generation of public servants learns the ropes and begins to contribute to the war on terror, the proven tactic of following money trails will become more central than ever. At the same time, this task is becoming increasingly complex due to our adversaries' skill in avoiding traditional financial countermeasures. Law enforcement and intelligence officials must learn to understand the sometimes obscure methodologies that terrorist organizations use to raise, move, and store money-whether these activities stem from the Usama bin Ladens of the world, rogue regimes like Iran and North Korea, or members of Hizbollah, Hamas, or a host of other like-minded organizations.
This book analytically reviews the impact of the global anti-money laundering and counter-terrorist financing (AML/CFT) framework on the compliance trajectory of a number of jurisdictions to this framework. The work begins by examining the international financial sector reform and its evolution to inculcate the global framework for AML/CFT regulations. It challenges the resulting uniform AML/CFT due to its paradoxical impact on the compliance trajectory of African countries and emerging economies (ACs/EEs). This is done through an examination of the pre-conditions for effective regulation and compliance drivers for ACs/EEs that reveals the behavioural impact of the AML/CFT standards on the bloc of countries. Through the application of agency theory, it explores the relationship between ACs/EEs on the one hand and the international financial institutions that formulate, disseminate and facilitate compliance with the global framework for AML/CFT standards on the other. The remaining chapters review empirically the compliance pressures and resulting compliance trajectory of ACs/EEs with the AML/CFT standards. The final part of the book provides a detailed explanation of the compliance challenges of ACs/EEs and the legitimacy concerns that facilitate this. This book offers a new direction on the impact of global AML/CFT standards on ACs/EEs and contributes to the understanding of the conditions under which the global standards are likely to facilitate proactive compliance within these blocs of countries. As such it will be a valuable resource for academics, researchers and policy-makers working in this area.
This highly topical book is an original contribution to the current literature on counter-terrorist financing, compliance and soft law. Specifically, the book focuses on Financial Action Task Force recommendations and counter-terrorism financing legislation. This thought-provoking investigation demonstrates that an understanding of the counter-terrorism financing regime can shed light on the departure from regular international law-making processes, and on the emerging forms of international governance in an era of globalisation. An understanding of the regime s multi-layered approach shows how this can be replicated as a tool in the prevention and resolution of conflict and the promotion of international justice in areas such as human trafficking, drug trafficking, and weapons of mass destruction. This book will be an invaluable resource for those studying and researching in law, terrorism studies, criminal justice and finance, in particular comparative law and compliance with hard and soft law. It will also be relevant to policymakers and practitioners working in counter-terrorism.
ÔIn recent years a great deal has been written about terrorism and how best to inhibit and undermine terroristÕs aspirations. Much of this literature tends to be one dimensional reflecting the experience of the author. Dr Ridley having had a long and diverse career in intelligence and in particular financial analysis has succeeded in going far beyond description of a series of war stories to providing not only a starting account of the range and character of modern terrorism, but also a knowledgeable analysis of the measures adopted around the world to combat the threat. Of critical importance, in the minds of many, has been the adoption of techniques in the main from the Òwar against drugsÓ facilitating the identification and disruption of finance. While emphasising the value of financial intelligence Dr Ridley, now as a scholar, dispassionately questions how successful this strategy has been and where it might take us. Such issues need to be aired and resolved if we are not to undermine the very values which we seek to protect.Õ Ð Barry Rider, University of Cambridge, UK ÔThis is hugely important and highly relevant contribution by a world expert, which adds to our knowledge of terrorist funding. It will make practitioners and academics alike, not to mention politicians who should be seeking their advice, stop and think.Õ Ð John Grieve, Portsmouth University, UK and former UK National Co-ordinator for Counter Terrorism ÔDr. Ridley has authored an excellent, analytical, comprehensive, and solutions-oriented book addressing the complexities of terror financing and the challenges in combating this menace. Dr. RidleyÕs unique insight, arising from substantial academic and professional experiences on combating terror financing, lends substantial credibility to the volume.Õ Ð Dean C. Alexander, Western Illinois University, US This authoritative book provides a holistic overview of terrorist groups and finances, including consideration of the necessity and differing financial needs of different groups. For over a decade international efforts by law enforcement, government and financial regulatory authorities have been deployed in combatting terrorist financing, in good faith and with dedication beyond reproach. This book surveys the methods of financing of numerous terrorist groups and organisations Ð including the Chinese and Asian dimension Ð and considers why ultimately international efforts to combat the financing of terror are failing. Nick Ridley expertly illustrates the scale of the problem by first outlining the strategies of anti terrorist financing, the pre and post 9/11 differences in scope and extent of terrorist attacks, the financial support and the national and international efforts to implement and carry out countermeasures. He then goes on to set out a detailed analysis of the apparent failure of such counter measures to date. Including operational case studies and details from the authors own experience, studies and access to law enforcement and private sector sources, this book will prove insightful for undergraduate and postgraduate students studying criminology, history and law disciplines. Those in the legal profession will also find plenty of useful information in this topical compendium.
Terrorists need money to commit acts of violence and sustain their operations. Measures to combat terrorism therefore aim to prevent terrorists from raising, moving and using funds or other assets. The effectiveness - and the fairness - of these measures were considered at the second 'Giessbach' seminar on counter-terrorist financing (CTF) organised by the Basel Institute on Governance in October 2008. This book contains essays presented at the seminar written by practitioners and academics with extensive experience in the field of CTF. The authors offer a diversity of views on the domestic, regional and international initiatives aimed at detecting terrorist funds in the financial system, preventing terrorists from moving their money via alternative financial channels and facilitating the recovery of terrorist assets. The editors conclude with in-sights into the ongoing challenge of making CTF measures both effective and legally sustainable in the lead-up to Giessbach III in December 2009.
The aim of this book is to make a significant contribution to guide countries in the financial war on terrorism. It is published by the Organisation for Economic Co-operation and Development on behalf of the Financial Action Task Force (FATF), the ...
Terrorism is not a new phenomenon, but almost all communities, regardless of ethnicity, religion, social status or location, are now increasingly facing the challenge of terrorist threat. What makes a terrorist organization attractive to some citizens? A better understanding of the reasons why individuals choose to join terror groups may well enhance efforts to disrupt the recruitment process of terrorist organizations and thereby support current and future counter-terrorism initiatives. This book presents the proceedings of the NATO Advanced Research Workshop, 'Countering Terrorist Recruitment in the Context of Armed Counter-Terrorism Operations', held in Antalya, Turkey, in May 2015. The goal of the workshop was to share existing ideas and develop new ones to tackle terrorist recruitment. The book contains 18 articles covering topics which include: the role of NATO and other international entities in counter-terrorism; understanding recruitment methods and socialization techniques of terror networks by comparing them to gangs; social media in terrorist recruitment; drug money links with terrorist financing; and counter-terrorism and human rights. The book will be of interest to all those involved in developing, planning and executing prevention programs and policies in relation to both armed and non-armed counter-terrorism operations.