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Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Australia) (2018 Edition) The Law Library presents the complete text of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Australia) (2018 Edition). Updated as of May 15, 2018 This book contains: - The complete text of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Australia) (2018 Edition) - A table of contents with the page number of each section
A new approach for studying the interaction between international and domestic processes of criminal law-making in today's globalized world.
In 1994, when Jeffrey Robinson, author of The Laundrymen, first brought to the world's attention the problems of dirty money --- revealing how otherwise legitimate lawyers, bankers, accountants and even governments were helping drug traffickers hide the proceeds of their crimes --- he labelled money laundering the world's third largest business, estimating that at any given time there was around USD300 Billion circling the globe, looking to get clean. Now, in the sequel to Laundrymen, Robinson calculates that the dirty money business has doubled in under ten years and is ever more sophisticated (law enforcement and concerned governments flounder in its wake) - and he lays the blame on the offshore world. In an eye-opening tour de force of investigative journalism, Robinson reveals the state of the art of business-as-crime worldwide. As vast profits are turned into seemingly legitimate money, lawyers, bankers, accountants, brokers and governments have sold out to the mob and terrorists learn the lessons too and use Western financial networks to finance attacks on those same systems.
This service provides a complete suite of legislation for lawyers, accountants, compliance experts and other professionals needing the law to advise their clients on how best to comply with the reforms. [It includes] commentary overview of Australia's anti-money laundering and counter-terrorism financing (AML/CTF) regime; annotated Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), together with related legislation in full text or extract form; convenient collection of resource materials, including documents relating to the introduction of the legislation, and AUSTRAC documents relating to its implementation; and finding lists, such as tables of cases and statutes and index.
This report provides a summary of the anti-money laundering/combating the financing of terrorism (AML/CFT) measures in place in the People’s Republic of China (China)1 as at the date of the onsite visit (July 9–27, 2018). It analyzes the level of compliance with the Financial Action Task Force (FATF) 40 Recommendations and the level of effectiveness of China’s AML/CFT system and provides recommendations on how the system could be strengthened. China has undertaken a number of initiatives since 2002 that have contributed positively to its understanding of ML/TF risk, although some important gaps remain. Its framework for domestic AML/CFT cooperation and coordination is well established.
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.
Despite massive investments in mitigation capabilities, financial crime remains a trillion-dollar global issue with impacts that extend well beyond the financial services industry. Worldwide, there are between $800 billion and $2 trillion laundered annually with the United States making up at least $300 billion of that figure. Although it is not possible to measure money laundering in the same way as legitimate economic activity, the scale of the problem is considered enormous. The cybersecurity landscape is always shifting, with threats becoming more sophisticated all the time. Managing risks in the banking and financial sectors requires a thorough understanding of the evolving risks as well as the tools and practical techniques available to address them. Cybercrime is a global problem, which requires a coordinated international response. This book outlines the regulatory requirements that come out of cyber laws and showcases the comparison in dealing with AML/CFT and cybersecurity among the G-20, which will be of interest to scholars, students and policymakers within these fields.
Starting with an overview of the development of money laundering and the work of international organisations, International Guide to Money Laundering Law and Practice is a unique publication providing a detailed insight into the background of money laundering operations, clearly explaining the anti-money laundering laws and regulations in 35 key global financial centres throughout the world. In addition, there are four chapters considering money laundering law and practice in the UK with the emphasis on the legal and regulatory framework and include: a chapter on the accounting and auditing issues; and a chapter on confiscating the proceeds of crime written by Jonathan Fisher, QC, a leading barrister specialising in corporate and financial crime, proceeds of crime and tax cases. It also contains a chapter covering international responses and initiatives to money laundering. The fifth edition covers, amongst other things, the implementation of the Fifth EU Money Laundering Directive and the Criminal Finances Bill. Written by local experts and edited by a team from Baker McKenzie's Financial Services Group, International Guide to Money Laundering Law and Practice is the leading, authoritative text on this heavily regulated area of law. It is essential for all banking and finance practitioners involved in anti-money laundering, banks, compliance officers and regulators in order to keep abreast of the developments and compliant with the law and regulations internationally.
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.