Transnational Organised Crime: Perspectives on Global Security

By Adam Edwards; Peter Gill | Go to book overview

are produced and enforced in this context. The main motor for the evolution of a global regime has been the FATF, in adopting guidelines and enforcing them world-wide. A fundamental issue in this regard, however, is that the FATF represents the interests of the developed world and thus its policies may fail to take into account the specific needs of countries outside of this club. The unilateral imposition and evaluation of standards by an ad hoc body differs significantly from negotiations and agreement of sovereign states within the auspices of an international organisation. The issue has broader implications, as the FATF standards are not only linked with the formation of economic policy, but have major implications for the receiving countries' legal systems, which have to implement guidelines that may still be controversial in the exporting countries. While a global response to money laundering is essential in view of the transnational nature of the phenomenon, this response would be more effective if based on as broad a consensus as possible.

The term 'international regime' has been summarised as 'a system of norms, standards, procedures, institutions and rules of conduct that constrain and shape state behaviour in a particular issue area' (Alexander, 2001:231). For an excellent analysis of 'global prohibition regimes' see Nadelmann, 1990.
The money laundering process consists of three stages: placement, where cash derived directly from criminal activity is first placed either in a financial institution or used to purchase an asset; layering, where there is the first attempt at concealment or disguise of the source of the ownership of the funds; and integration, where the money is integrated into the legitimate economic and financial system and is assimilated with all other assets in the system (Gilmore, 1999:29).
Its members come from Belgium, Canada, France, Germany, Italy, Japan, Luxembourg, the Netherlands, Sweden, Switzerland, the United Kingdom and the United States.
FATF membership has been expanding since its establishment. It currently has 29 members: Argentina; Australia; Austria; Belgium; Brazil; Canada; China; Denmark; Finland; France; Germany; Greece; Hong Kong; Iceland; Ireland; Italy; Japan; Luxembourg; Mexico; the Netherlands; New Zealand; Norway; Portugal; Singapore; Spain; Sweden; Switzerland; Turkey; United Kingdom; and the USA. Two international organisations are also members: the European Commission and the Gulf Co-operation Council.
Many Canadian provincial courts granted temporary exemptions to the application of the suspicious transaction reporting requirements to lawyers pending the determination of the constitutionality of the legislation at federal level (the first case in November 2001 being Law Society of British Columbia v Canada [2001] BCJ No 2420). In May 2002 the Canadian government finally agreed to suspend the application of the reporting duties until their constitutionality is determined. This is still pending.
The current list (as of 17.02.2003) is as follows: Cook Islands; Egypt; Grenada; Guatemala; Indonesia; Myanmar; Nauru; Nigeria; Philippines; St Vincent and the Grenadines; and the Ukraine.
It has been argued that this 'double standard' also appears within the FATF, in


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Transnational Organised Crime: Perspectives on Global Security
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Figures x
  • Tables xi
  • Acknowledgements xiv
  • Introduction 1
  • References 6
  • Part I - Origins of the Concept 7
  • References 11
  • 1 - Transnational Organised Crime 13
  • 2 - Europe's Response to Transnational Organised Crime 28
  • Notes 39
  • References 40
  • 3 - Global Law Enforcement as a Protection Racket 42
  • Note 55
  • References 56
  • Part II - Measurements and Interpretations 59
  • References 64
  • 4 - Measuring Transnational Organised Crime 65
  • Note 77
  • 5 - Classify, Report and Measure 78
  • References 95
  • 6 - The Network Paradigm Applied to Criminal Organisations 97
  • References 113
  • 7 - Transnational Organised Crime 114
  • Notes 125
  • Part III - Case Studies 127
  • 8 - Bad Boys in the Baltics 131
  • Notes 141
  • 9 - Controlling Drug Trafficking in Central Europe 143
  • Note 154
  • 10 - Recognising Organised Crime's Victims 157
  • Notes 171
  • Part IV - Current and Prospective Responses 175
  • References 181
  • 11 - The Legal Regulation of Transnational Organised Crime 183
  • References 193
  • 12 - Countering the Chameleon Threat of Dirty Money 195
  • Notes 209
  • 13 - Criminal Asset-Stripping 212
  • 14 - Proteiform Criminalities 227
  • Notes 239
  • References 240
  • 15 - Organised Crime and the Conjunction of Criminal Opportunity Framework 241
  • References 262
  • 16 - After Transnational Organised Crime? 264
  • Note 279
  • Index 282


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