Chapter 3: Transnational Offences
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Laundering’.
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In this plan, States are urged to establish ‘a legislative framework to
criminalize the laundering of money derived from serious crimes in order to provide
for the detection, investigation and prosecution of the crime of money laundering’.
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Thus States should introduce measures to identify, seize and confiscate the proceeds
of crime, facilitate international co-operation and implement mutual legal assistance
measures and establish an effective financial and regulatory regime to prevent
criminals laundering ‘dirty’ money through the financial system. The plan also
recommended introducing ‘KYC’ procedures which included customer identification
and record keeping.
The scope of money laundering was eventually extended to include the proceeds
from serious crime in the 2000 CATOC.
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In addition to requiring States to adopt
legislative and regulatory measures to criminalise the laundering of the proceeds of
crime, this Convention emphasises the importance of customer identification, record
keeping and the reporting of suspicious transactions.
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This applies not only to banks
but also to other bodies particularly susceptible to money laundering. States are
required ‘within the parameters of national law’ to ensure that administrative,
regulatory and law enforcement authorities have the ability to co-operate and exchange
information at the national and international level, and should contemplate
establishing a financial intelligence unit to serve as a national centre for the collection,
analysis and dissemination of information.
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In order to monitor the movement of
cash across borders, States may implement measures which include a requirement
that individuals and businesses report the cross-border transfer of substantial amounts
of cash and negotiable instruments.
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In establishing a domestic regulatory and
supervisory regime, contracting parties are advised to refer to the relevant initiatives
of regional and multilateral organisations involved in combating money laundering.
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Work undertaken by the FATF indicated that terrorists could manipulate the
financial system in much the same way as other criminal groups. It was also noted
that terrorist financing might not be encompassed within the definition of money
laundering used in the framework of many national and international anti-money
laundering initiatives. FATF experts were of the opinion that terrorism should be
considered to be a serious crime and recommended that States should take immediate
steps to ratify the 1999 UN International Convention for the Suppression of the
Financing of Terrorism. This Convention acknowledges that financing is at the heart
of terrorist activity and applies to the provision or collection of funds which are intended
to be used for the purpose of committing a terrorist act. Other steps taken by the UN to
address the problem of terrorist financing include Security Council Resolutions 1368
and 1373 on combating financing which require States to take measures to stop the
financing and training of terrorists. These initiatives require States to identify, detect,
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