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Global Anti-Money Laundering and Combating Terrorism Financing Regulatory Framework: A Critique

Author

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  • William Gaviyau

    (Department of Finance Risk Management and Banking, University of South Africa (UNISA), P.O. Box 392, Pretoria 0003, South Africa)

  • Athenia Bongani Sibindi

    (Department of Finance Risk Management and Banking, University of South Africa (UNISA), P.O. Box 392, Pretoria 0003, South Africa)

Abstract

Money launderers prefer to use financial services as the ideal medium for laundering. This study aimed to provide an overview of the global AML/CFT regulations, application and how they should evolve in this dynamic environment. To gather more insight, a qualitative study was undertaken with relevant documents analysed. The main finding was that country implementation of the global AML/CFT regulations differed due to political and economic factors, amongst others. While the various AML/CFT enforcements done by sampled countries were mainly cease and desist orders and monetary penalties that were publicised, the drawbacks of global AML/CFT regulations centred on the application of these regulations and emerging trends. These include, among other definitions of money laundering, reference to the three stages of money laundering, the link between penalty and violations, technological innovations and regulation paradigm shift, cyber-attacks, and data privacy. This study contributes to the application and growing body of knowledge in that the advent of technology has resulted in better consumer experiences, new payment platforms, products and services. However, these innovations have broadened emerging money laundering risks and risks to the financial system in general. Hence, there is a need to conduct research-based FATF recommendations, as risk is dynamic and not static.

Suggested Citation

  • William Gaviyau & Athenia Bongani Sibindi, 2023. "Global Anti-Money Laundering and Combating Terrorism Financing Regulatory Framework: A Critique," JRFM, MDPI, vol. 16(7), pages 1-21, June.
  • Handle: RePEc:gam:jjrfmx:v:16:y:2023:i:7:p:313-:d:1182008
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    References listed on IDEAS

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    1. Isaac Ofoeda, 2022. "Anti-money laundering regulations and financial inclusion: empirical evidence across the globe," Journal of Financial Regulation and Compliance, Emerald Group Publishing Limited, vol. 30(5), pages 646-664, May.
    2. Dina ElYacoubi, 2020. "Challenges in customer due diligence for banks in the UAE," Journal of Money Laundering Control, Emerald Group Publishing Limited, vol. 23(2), pages 527-539, March.
    3. Peter Gomber & Jascha-Alexander Koch & Michael Siering, 2017. "Digital Finance and FinTech: current research and future research directions," Journal of Business Economics, Springer, vol. 87(5), pages 537-580, July.
    4. William Gaviyau & Athenia Bongani Sibindi, 2023. "Customer Due Diligence in the FinTech Era: A Bibliometric Analysis," Risks, MDPI, vol. 11(1), pages 1-17, January.
    5. Emmanuel Sotande, 2018. "The regime against money laundering: a call for scientific modelling," Journal of Money Laundering Control, Emerald Group Publishing Limited, vol. 21(4), pages 584-593, October.
    6. Nasir Sultan & Norazida Mohamed, 2022. "Financial intelligence unit of Pakistan: an evaluation of its performance and role in combating money laundering and terrorist financing," Journal of Money Laundering Control, Emerald Group Publishing Limited, vol. 26(4), pages 862-876, June.
    7. Friedrich Schneider, 2008. "Money laundering and financial means of organised crime: some preliminary empirical findings," Global Business and Economics Review, Inderscience Enterprises Ltd, vol. 10(3), pages 309-330.
    8. Anagnostopoulos, Ioannis, 2018. "Fintech and regtech: Impact on regulators and banks," Journal of Economics and Business, Elsevier, vol. 100(C), pages 7-25.
    9. Prosper Simbarashe Maguchu, 2018. "The law is just the law: analysing the definition of corruption in Zimbabwe," Journal of Financial Crime, Emerald Group Publishing Limited, vol. 25(2), pages 354-361, May.
    10. Emily Jones & Peter Knaack, 2019. "Global Financial Regulation: Shortcomings and Reform Options," Global Policy, London School of Economics and Political Science, vol. 10(2), pages 193-206, May.
    11. Svetlana Saksonova & Irina Kuzmina-Merlino, 2017. "Fintech as Financial Innovation - The Possibilities and Problems of Implementation," European Research Studies Journal, European Research Studies Journal, vol. 0(3A), pages 961-973.
    12. David Mathuva & Samuel Kiragu & Dulacha Barako, 2020. "The determinants of corporate disclosures of anti-money laundering initiatives by Kenyan commercial banks," Journal of Money Laundering Control, Emerald Group Publishing Limited, vol. 23(3), pages 609-635, March.
    13. Brahmadev Panda & N. M. Leepsa, 2017. "Agency theory: Review of Theory and Evidence on Problems and Perspectives," Indian Journal of Corporate Governance, , vol. 10(1), pages 74-95, June.
    14. Randolph B. Cooper & Robert W. Zmud, 1990. "Information Technology Implementation Research: A Technological Diffusion Approach," Management Science, INFORMS, vol. 36(2), pages 123-139, February.
    15. Anil Savio Kavuri & Alistair Milne, 2019. "FinTech and the future of financial services: What are the research gaps?," CAMA Working Papers 2019-18, Centre for Applied Macroeconomic Analysis, Crawford School of Public Policy, The Australian National University.
    16. Robert Arasa, 2015. "Determinants of Know Your Customer (KYC) Compliance among Commercial Banks in Kenya," Journal of Economics and Behavioral Studies, AMH International, vol. 7(2), pages 162-175.
    17. Ramona Rupeika-Apoga & Stefan Wendt, 2022. "FinTech Development and Regulatory Scrutiny: A Contradiction? The Case of Latvia," Risks, MDPI, vol. 10(9), pages 1-13, August.
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    1. Bernardette Naa Hoffman & Johnson Okeniyi & Sunday Eneojo Samuel, 2024. "Antecedents of Compliance with Anti-Money Laundering Regulations in the Banking Sector of Ghana," JRFM, MDPI, vol. 17(8), pages 1-27, August.

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