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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 is the third volume of the "Hague Yearbook of International Law," which succeeds the Yearbook of the Association of Attenders and Alumni of the Hague Academy of International Law. The title "Hague Yearbook of International Law" reflects the close ties which have always existed between the A.A.A. and the City of The Hague with its international law institutions and indicates the Editors' intention to devote attention to developments taking place in those international law institutions, viz. the International Court of Justice, the Permanent Court of Arbitration, the Iran-United States Claims Tribunal and the Hague Conference on Private International Law. This volume contains in-depth articles on these developments and summaries of (aspects of) decisions rendered by the International Court of Justice, the Permanent Court of Arbitration and the Iran-United States Claims Tribunal. In addition, the 1990 volume contains the papers of the Thirty-Third A.A.A. Congress held at Aix-en-Provence on Communications and International Law'.
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.
This collection of essays sheds light on the history of Switzerland during World War II, covering such topics as: trade; financial relations; gold; refugees; defence; and foreign relations. It also touches on official post-war measures to suppress Switzerland's involvement in the war.
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.
Based on both theoretical and empirical approaches, the essays in this volume emphasise the role of ethics in a globalized economy.
This book demonstrates the range, depth and complexity of Switzerland’s developing relations with Europe and provides detailed and up-to-date information on Switzerland itself.