阿里云存储 价格:谁能给我一篇关于money laundry的外国人写的论文，最好有网址

I picked a speech for your reference.
Crime and Money Laundering--The Challenges: Address by Mr. Tom K Alweendo, Governor of The Bank of Namibia-African Banking ongress 8-10 March 2005, Johannesburg, Republic of South Afica

Ladies and Gentlemen,
I
would like to thank the organizers of this event for inviting me to give an address on the
topic of Crime and Money Laundering. The choice of this topic is so appropriate because
of the challenges money laundering poses to the banking sector in Africa. Financial crime
and money laundering is increasingly becoming a global phenomenon and this is not only
a threat to the global banking sector, but it has the potential to become a threat to the civil
and political spheres.
Money laundering is conventionally defined as any process that is carried out to disguise
or conceal the nature or source of or entitlement to money or property from criminal
activities. Although countries have come up with different money laundering definitions in
their statutes, it is important that any useful definition should recognize that crime of any
nature is an act against society and as such, to launder any proceeds from unlawful
activity or the contravention of any law followed by laundering should be encompassed in
the definition.
A new dimension to what constitutes money laundering is with respect to terrorism,
whereby legitimate or clean money is committed to the financing of unlawful activity. The
definition of money laundering that encompasses any unlawful activity would be well
inclusive and would provide law enforcement with a wider legal arm. The combating of
financing of terrorism, which is an unlawful act, is in most jurisdictions provided for in
separate legislations but linked to the mainstream national anti money laundering laws,
especially in respect of detection.
The anti money laundering legislations that are being promulgated by most jurisdictions
have and are criminalizing the act of money laundering as defined above. This in essence
means that these laws make the act of money laundering a criminal offence and that to
launder money derived from criminal acts constitutes committing a crime punishable by
law. In addition, the anti money laundering laws places a requirement for reporting
institutions to report suspicious transactions, failure of which constitutes an offence by
both the institution and/or officers of that institution.
The Meirium-Webster dictionary describes crime as an “act or the commission of an act
that is forbidden or the omission of a duty that is commanded by a public law and that
makes the offender liable to punishment by that law”. This definition pre-supposes the
existence of a public law that sets out the details of the acts or omissions that national
legislators consider to be punishable by that law. Laws are therefore designed to protect
us and ensure our safety in all aspects: physical, financial, psychological and social.
The extent to which money is laundered globally is estimated to be between $500 billion
and $1 trillion. The wide range of the estimate highlights the difficulties associated with
obtaining accurate data on this problem. This is the case because only a limited number
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of countries have set up anti money laundering regimes that are up and running and
therefore able to provide appropriate statistics. The problem of lack of accurate money
laundering statistics in Africa is compounded where the setting-up of anti-money
laundering regimes is only gaining momentum now. It will take some time for Africa to
build up accurate statistics on money laundering as this would have to be sourced from
actual cases investigated and finalized.
Further, a good understanding of the national money laundering activities requires
concerted national research and studies of the money laundering typologies commonly
practiced in each country. In this regard, it is worth mentioning that the Institute for
Security Studies in South Africa has initiated a number of researches and studies aimed at
documenting the extent of money laundering in Africa, especially Southern Africa.
However, the sufficiency and integrity of the statistics provided by the Institute is only as
good as the national sources supplying the information. It is therefore imperative that
national efforts to determine the extent of money laundering must be improved as these
statistics are important for convincing the legislative and political processes on the need
for legislative changes necessary for effective combating of money laundering.
The anti money laundering laws protect the rights of individuals by providing for the
articulation of what crime is, the acts of crime and the punishment thereof. Legislators, in
consultation with their constituents through legislation on crime, lay the foundation for
basic individual human rights and the attainment of inner individual self fulfillment. Crime
and criminal acts work towards eroding these very basic individual rights.
Despite the enactment of laws designed to curb crime and acts of crime, these evils still
take place and are in most cases on the increase. The law enforcement agencies the
world over are overwhelmed by the sheer size and sophistication that criminals are now
employing to perpetrate their illegal deeds. The efforts on crime prevention are now
compounded by globalization that has created what one may say is a global economy in
which organized crime groups and individuals can and do generate huge sums of money
by drug trafficking, financial crime, corruption, intellectual property crime, terrorism and
human trafficking.
Crime and money laundering is indeed a global problem which requires a concerted global
response. In order to protect our respective financial systems from the destabilizing effects
of crime and money laundering, it is imperative that we act and respond to this scourge
with unprecedented resolve and commitment to combating it. Everybody has, therefore, a
responsibility to combat money laundering, because its negative impact has a unique way
of creating far ranging negative consequences. By tackling money laundering we would be
attacking the criminals at their weakest and most vulnerable point - their money sources.
I
n the past years since the start of the criminalization of money laundering and the
enforcement of anti money laundering laws in the 1970s and more vigorously in the 1980s
and 1990s, evidence from court cases and reported suspect transaction has given an
indication that the most common money laundering typologies has been in the realm of
drug trafficking, organized crime, corruption, illicit dealing in weapons, human trafficking,
fraud and theft. The act of successful money laundering fuels the perpetration of the above
crimes by providing the criminals with avenues to conceal their deeds from law
enforcement agencies and ultimately provides them with the rewards for their criminality in
the form of money which would then appear to be legitimate.
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The concealment cycle for the proceeds of money laundering involves, firstly, the
distancing of the criminals from the illegal proceeds (money or property), the obscuring of
the money trail, hiding of the origins to eventually posses what would appear as clean
money. The role played by globalization and ICT in the concealment process in money
laundering has been aptly described by the following quote from a central banking thriller
“Nest of Vipers” by Linda Davies: “the money screamed across the wires, its provenance
fading in a maze of electronic transfers which shifted it, hid it, broke it up into manageable
wads which would be withdrawn and re-deposited elsewhere, obliterating the trail”.
The linkage between money laundering and crime denotes that everybody as individuals is
affected by money laundering. Crime erodes basic individual liberties in that it threatens
their rights to life and entitlement to property. The consequences of crime and money
laundering are bad for business, development, and the general rule of law. Governments
have therefore got real reasons for spearheading the combating of money laundering.
Another reason why money laundering should be combated is that if left unchecked, it
would lead to the accumulation of economic power to organized crime. This development
has the potential of eroding our political and social systems based on elected
representation as we know them today. In other words, the social consequences for
allowing money launderers to operate unchecked could spell disaster for stability and the
rule of law.
The financial sector, in particular the banking sector, more than any sectors, needs to
operate in a crime and money laundering free environments. Banks deal with other
people’s money and therefore rely heavily on reputation for probity and integrity. Without
the public confidence from the law abiding citizenry it would be difficult for banks to
conduct business in the form they do now. In instances where banks may condone and
are active parties to money laundering, the end result is that legitimate business would
avoid such banks. It is also conceivable that money laundering if perpetrated on a high
scale would complicate the ability of banks to manage their operations and risks. This is so
because banks will not be able to predict the movement of laundered money.
Banks have also to be aware of the consequences of doing business with money launders
or for unwittingly and fraudulently being used as conduits for money laundering. In
jurisdictions where national anti money laundering laws have been promulgated, non
complying banks and institutions have been subjected to hefty fines and in some
instances the banking licenses have been known to have been withdrawn.
As a central banker, my concerns regarding the money laundering would immediately be
that it would erode the effectiveness and management of monetary policy. Money
laundering on a grand scale has the potential of changing the demand for cash, make
interest rates and exchange rates more volatile and cause high inflation rates for a
country. Money laundering is also bad for the economy and development in that it
undermines legitimate business, competition and reduces the tax revenue to national
authorities as launders would be operating underground outside the tax net. Money
laundering is thus bad for the economy both nationally and internationally. Regulatory and
supervisory agencies have a good reason to participate in the combating of money
laundering in that if not contained, it would defeat their objectives and weaken the
institutions under their supervision.
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The combating of money laundering should revolve around ensuring the ability of national
and international agencies to find, freeze and the forfeiture of laundered money. This
presupposes the existence of appropriate national and international laws and the capacity
for implementation of those laws. In addition, the wide scope of affected stakeholders in
anti money laundering efforts require an unprecedented level of co-operation both at
national and international levels.
Another important aspect of money laundering is the tendency and need for perpetrators
to operate cross border schemes for the purpose of concealment and/or to take advantage
of the uneven developments in the national anti money laundering regimes. This requires
that countries should develop anti money laundering regimes that are moving in tandem in
terms of speed and standards for detection and law enforcement.
The international community and national agencies have indeed recognized the need to
combat money laundering. To this end the first pre-requisite for combating money
laundering is to have in place appropriate national legislation. Appropriate national
legislations have to be crafted with local circumstances in mind while recognizing the need
for taking into account the international nature of money laundering. To this end, the
participation of multi-lateral agencies such as the United Nations, the EU, the AU, etc. is
important in the formulation of international instruments necessary to combat money
laundering.
Anti-money laundering international instruments are essential for ensuring that the
international community reacts to money laundering as a global problem. The international
instruments provide a forum for bringing national efforts on money laundering into the
international loop. To mention but a few, the following are some of the important
international instruments that the international community have crafted: the Basel
Declaration 1988; the UN Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances 1988; FATF 40+9 Recommendations, 1990, with numerous
revisions; UN Convention against Transnational Organized Crime, 2000; UN Convention
against Corruption; UN International Convention for the Suppressing of the Financing of
Terrorism.
These are but only a few of the various international instruments that are critical to the
success in the fight against money laundering. In addition, various multilateral
organizations have been instrumental in advancing the cause for the fight against money
laundering. The IMF and the World Bank have been very active in providing resources for
capacity building and technical expertise. National jurisdictions are encouraged to ratify
the international instruments as they provide the basis for ensuring appropriate national
anti-money laundering laws and international cooperation. Critical to the international
cooperation is the attendant national legislations pertaining to extradition of criminals who
operate cross border money laundering schemes. Without having robust extradition laws,
the criminals would have loopholes in the global sphere that would allow them to evade
law enforcement agencies in a particular jurisdiction.
The existence and membership to regional anti-money laundering groupings is important
in that it contributes to the harmonization of laws and standards. In Africa, a number of anti
money groupings have been created and have provided the needed impetus for ensuring
that Africa as a whole is moving towards a uniform approach regarding the money
laundering problem.
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It is important to note that legislative gaps that may exist at international and national
levels will be exploited by the money launderers and make national anti-money laundering
regimes ineffective. In line with the need to formulate appropriate national legislations,
there is a need to formulate standards for anti-money laundering practices and institutions
that should provide maximum effectiveness both at national and international levels. The
G7 created Financial Action Task Force (FATF) that has crafted 40 + 9 recommendations
aimed at providing international standards for anti money laundering, improving national
systems for combating money laundering, strengthening the role of financial systems and
for strengthening international co-operation.
The combating of money laundering presupposes the existence of capacity and resources
at national level. In Africa, this is a real challenge in that there are competing demands
with regards to the procurement and utilization of scarce resources. The resources
scarcity is more critical in the law enforcement spheres, since most national jurisdictions
have less than efficient law enforcement agencies which are in most cases overwhelmed
by the demands to enforce other national laws.
Another important ingredient for the effective combating of money laundering is the need
for political commitment, as well the support from affected industries and general
populace. It is worth noting that through the AU and other multilateral agencies where
African nations are members, a number of efforts are being made to ensure that Africa is
not lagging behind. In Africa, a number of regional anti-money laundering bodies have
been created and it is comforting to see the support these regional groupings are receiving
from their respective authorities. The creation of necessary anti-money laundering
institutions such as the Financial Intelligence Centers is an issue that each of the African
authorities are busy working on. Financial Intelligence Centers are important for the
detection of money launderers by linking the money flows to the perpetration of specific
crimes.
The pressures that the African banking sector is being subjected to for compliance with
national and international anti-money laundering requirements, makes me to want to
compliment our banking sector in Africa for living up to those requirements despite the
costs involved in some instances. In one way or another banks in Africa have been
working to ensure compliance with the important aspect of customer due diligence and
have been improving on their institutional capacity to ensure that their systems and
personnel are geared for their discharge of their responsibilities as reporting institutions.
The challenges for Africa with regard to ensuring effective anti money laundering are
immense more so in that innovative thinking may be necessary in some respects such as
that the majority of the African economy is cash based. This may entail the setting of
entirely home grown standards.
The combating of money laundering has assumed an urgent impetus at both national and
international levels as a result of the scale that money laundering has begun to assume,
especially with respect to the financing of terrorist acts. The efforts being made to combat
money laundering are beginning to bear fruits in that it is now taking center stage in all
jurisdictions. No one wants to be left behind mainly due to the consequences of such a
situation – those lagging behind might find it difficult to transact and do business with the
rest of the complying world. In terms of setting up effective infrastructures necessary for
combating money laundering, one can conclude that Africa and the international
community is beginning to getting the upper hand on criminals. A word of caution is that
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despite the positive developments, the criminals are constantly devising more elaborate
and evasive means to circumvent anti money laundering efforts.
I
would like to conclude by emphasizing that money laundering is a crime that affects
every individual, business and government. It creates an important concern in that if
unchecked it has the potential of fuelling crime and ultimately erodes the individual rights
of citizens and affects national and international economic performance. The combating of
money laundering requires first and foremost the crafting of appropriate laws and the
creation of national and international capacity and the coordination thereof. All the above
presupposes the need for political commitment at all levels.
I
thank you for your attention
http://www.ex.ac.uk/~RDavies/arian/scandals/launder.html

http://www.alternet.org/story/18249/

http://www.whatreallyhappened.com/enron_laundry.html

Fighting money laundry and terrorism funding
Money laundering and terrorism financing represent a great danger for financial markets. In money laundering, the origin of revenues from illegal activities is disguised; in terrorism financing, assets are collected and made available for carrying out terrorist activities.

In order to fight money laundering and terrorism financing, the Financial Action Task Force (FATF) was established in 1989. The international standard consists of the 40 FATF recommendations concerning money laundering and the 9 FATF Special recommendations concerning terrorism financing. Additional rules are provided by the Second Money Laundering Directive of the EU and by various United Nations Security Council resolutions pertaining to the terrorism financing. As a member of the FATF and the United Nations as well as the EU, Austria actively participates in implementing these standards on a global as well as on a national level.

Money laundering and terrorism financing are criminalized by law in Austria. Additional regulations serve a preventative purpose.

The nature of the financial sector makes it one of the most vulnerable areas; this is why banking, insurance, and securities supervisory laws contain detailed regulations concerning money laundering and terrorism financing. The motto “know your customer" is considered to be one of the best weapons against misuse. This is why every customer in Austria has to be identified when

entering into a long-term business relationship with a financial institution (e.g. opening a bank account),
conducting a transaction with a value of at least EUR 15.000, if it is not part of a long-term business relationship,
making a payment to or withdrawing from a savings account, if the amount in question is at least EUR 15.000,
in any case, if there is a suspicion of money laundering or terrorism financing.
If there is a suspicion of money laundering or terrorism financing, the Austrian "Geldwäschemeldestelle" (Financial Intelligence Unit) which has been set up in the Central Intelligence Service ("Bundeskriminalamt") has to be notified.

By applying these rules and regulations, Austria complies with the standards of the FATF, the United Nations and the EU.

Financial Action Task Force on Money Laundering
Second Money Laundering Guideline
UN Conventions against Terrorism Financing
UN Security Council Resolution No. 1373

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