Prevention of Criminal Use of the Banking System for the
Purpose of Money-Laundering,
1988, Basle: Basle Committee.
79
Basle Committee on Banking Supervision,
Core Principles for Effective Banking Supervision and Core
Principles Methodology,
1997, Basle: Basle Committee.
80
Basle Committee on Banking Supervision,
Customer Due Diligence for Banks,
2001, Basle: Basle
Committee.
Chapter 3: Transnational Offences
63
acceptance policy and a tiered customer identification programme which involved
increased due diligence for higher risk accounts, and included proactive account
monitoring for suspicious activities. The Basle Committee considers that similar
guidance should be developed for both non-bank financial institutions and the
professions frequently engaged in financial services, such as lawyers and accountants.
The increasing international dimension of organised criminal activity has also
prompted a range of intergovernmental self-regulatory initiatives. In 1989, the FATF,
a multi-disciplinary body established by the Heads of State of the seven major
industrialised nations, known as the G7 countries, set out to develop and promote
anti-money laundering policies. These policies aim to prevent the proceeds of crime
from being used for future criminal activities and from affecting legitimate economic
activities. Currently membership of FATF includes the European Commission, the
Gulf Co-operation Council and 29 States from the major financial centre countries in
Europe, North and South America and Asia. It works in co-operation with other like-
minded bodies including the Caribbean Financial Action Task Force and the ODCCP.
In 1990, a report was circulated setting out 40 recommendations for increasing co-
operation in this area which aimed to establish a framework for anti-money laundering
activities. They cover the areas of law enforcement, financial regulation and
international co-operation and are accompanied by a set of interpretative notes which
clarify the application of specific recommendations. Member States are required to
monitor the implementation of the recommendations through a self-assessment
exercise and a mutual evaluation process. This development is regarded as a benchmark
in the field of international standards for combating money laundering.
In the general framework to the recommendations, Member States are encouraged
to implement the 1988 Vienna Convention, to adopt an effective anti-money
laundering programme, which should include mutual legal assistance initiatives,
and to ensure that rules protecting financial confidentiality do not inhibit the
operation of the FATF initiative. The remainder of the recommendations address
both the role of national systems and the financial system in tackling money
laundering. Thus States are encouraged to adopt measures similar to those set out
in the Vienna Convention including criminalising money laundering activities and
establishing procedures for tracing, seizing and confiscating assets. Acknowledging
the important role that is played by financial institutions, States are also urged to
introduce a range of anti-money laundering regulations including customer
identification, record keeping and reporting requirements. These regulations should
be applied to all branches and foreign subsidiaries of financial institutions, especially
in States identified as having a poor anti-money laundering regime. It is
recommended that international co-operation between law enforcement agencies
be strengthened to facilitate the gathering and exchange of information. Further,
mutual legal assistance measures should be introduced which include arrangements
for co-ordinating seizure and confiscation, which may include the sharing of assets,
and procedures to address conflicts of jurisdiction and extradition. Recently, the
FATF undertook a review process that examined significant changes in money
laundering trends and techniques to pinpoint the strengths and weaknesses emerging
from the monitoring process and to consider possible changes to the
recommendations. Among the areas identified as requiring further consideration
were customer identification and suspicious transaction reporting and regulation,
identification of beneficial ownership of companies, trusts and foundations and the
International Criminal Law
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increased use of professional advice or other assistance with laundering criminal
assets. The FATF has now extended its activities to include anti-terrorism initiatives
and has issued special recommendations that address terrorist financing which
Member States are urged to implement.
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