A multilateral, co-ordinated, effort (exchange of
information, uniform laws, extra-territorial legal powers)
is required to counter the international dimensions of
money laundering. Many countries opt in because money
laundering has also become a domestic political and
economic concern. The United Nations, the Bank for
International Settlements, the OECD's FATF (Financial
Action Task Force), the EU, the Council of Europe, the
Organisation of American States, all published anti-
money laundering standards. Regional groupings were
formed (or are being established) in the Caribbean, Asia,
Europe, southern Africa, western Africa, and Latin
America.
Money Laundering in the Wake of the September 11
Attacks
Regulation
The least important trend is the tightening of financial
regulations and the establishment or enhancement of
compulsory (as opposed to industry or voluntary)
regulatory and enforcement agencies.
New legislation in the US which amounts to extending the
powers of the CIA domestically and of the DOJ extra-
territorially, was rather xenophobically described by a
DOJ official, Michael Chertoff, as intended to "make sure
the American banking system does not become a haven
for foreign corrupt leaders or other kinds of foreign
organized criminals".
Privacy and bank secrecy laws have been watered down.
Collaboration with off shore "shell" banks has been
banned. Business with clients of correspondent banks was
curtailed. Banks were effectively transformed into law
enforcement agencies, responsible to verify both the
identities of their (foreign) clients and the source and
origin of their funds. Cash transactions were partly
criminalized. And the securities and currency trading
industry, insurance companies, and money transfer
services are subjected to growing scrutiny as a conduit for
"dirty cash".
Still, such legislation is highly ineffective. The American
Bankers' Association puts the cost of compliance with the
laxer anti-money-laundering laws in force in 1998 at 10
billion US dollars - or more than 10 million US dollars per
obtained conviction. Even when the system does work,
critical alerts drown in the torrent of reports mandated by
the regulations. One bank actually reported a suspicious
transaction in the account of one of the September 11
hijackers - only to be ignored.
The Treasury Department established Operation Green
Quest, an investigative team charged with monitoring
charities, NGO's, credit card fraud, cash smuggling,
counterfeiting, and the Hawala networks. This is not
without precedent. Previous teams tackled drug money,
the biggest money laundering venue ever, BCCI (Bank of
Credit and Commerce International), and ... Al Capone.
The more veteran, New-York based, El-Dorado anti
money laundering Task Force (established in 1992) will
lend a hand and share information.
Public-domain text, read in full here on John Shaqi.
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