The phenomenon of trade-based money laundering (TBML) – a critical review in Sri Lankan context

IF 1.3 Q3 CRIMINOLOGY & PENOLOGY
Dinesh Sivaguru, K. Tilakasiri
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引用次数: 1

Abstract

Purpose Money laundering (ML) has become a significant challenge all over the world today. Trade-based money laundering (TBML) is a type of ML that poses a hazard to any country. In recent years, developed and developing countries have pursued liberal policies for international financial markets. The Financial Action Task Force (FATF) defines TBML as the process of concealing criminal earnings and shifting value through trade transactions in an attempt to justify their illicit origins. As international financial markets have improved ML controls, criminals have turned to the trade sector as a new venue, raising trade risks. The purpose of this study is to highlight the danger posed by TBML and the initiatives that should be taken to prevent such. Design/methodology/approach A review of publicly available reports, case studies, secondary data and literature on TBML from a variety of Sri Lankan and international contexts comprised the methodology. However, due to the dearth of literature on TBML details/information in the Sri Lankan context, international case studies have been analyzed. More critically, there are no precise estimates of TBML or defined protocols for collecting and maintaining TBML data. As a result, the FATF potential TMBL typologies were analyzed, and typical TBML procedures were examined to identify viable treats for Sri Lanka. Findings The study found that TBML has a significant effect on the economy and, as a result, social conflicts. Sri Lanka has the potential for TBML, and ML through financial institutions was identified as a major risk. Literature, on the other hand, shows that a large quantity of money has been laundered using TBML in Sri Lanka. The geographical location entices criminals to wash their illicit gains, and so the country has potential danger from South Asian countries. However, because of the sociopolitical climate in Sri Lanka, criminals are constantly looking for ways to profit illegally. Relaxing rules to promote foreign investment may encourage launderers to use their illicit proceeds. The government needs to take great care when dealing with this particularly delicate issue. Research limitations/implications Due to the complexity of financial crimes, this study had a number of limitations, as do many others. The data used for this study was sourced from publicly available information and the TBML has been clearly defined or understood due to the fact that the complexity of the methods used by criminals. As a result, the number of local instances reported on TMBL is quite small, hence this study relied on international case studies. Originality/value This research on TBML in Sri Lanka is original. It is anticipated that the findings and contribution of the study would help the stakeholders develop TBML prevention measures.
以贸易为基础的洗钱(TBML)现象-斯里兰卡背景下的批判性审查
洗钱(ML)已成为当今世界面临的重大挑战。贸易洗钱(TBML)是一种对任何国家都构成危害的ML。近年来,发达国家和发展中国家都对国际金融市场采取了宽松的政策。金融行动特别工作组(FATF)将TBML定义为通过贸易交易隐瞒犯罪收入和转移价值的过程,试图为其非法来源辩护。随着国际金融市场对ML控制的改善,犯罪分子将贸易部门作为新的场所,增加了贸易风险。本研究的目的是强调TBML所造成的危险以及应采取的预防措施。设计/方法/方法包括对来自各种斯里兰卡和国际背景的公开报告、案例研究、二手数据和TBML文献的审查。然而,由于缺乏关于斯里兰卡背景下TBML细节/信息的文献,国际案例研究已经进行了分析。更关键的是,没有对TBML的精确估计,也没有用于收集和维护TBML数据的定义协议。因此,FATF分析了潜在的TMBL类型,并检查了典型的TBML程序,以确定斯里兰卡可行的治疗方法。研究发现TBML对经济和社会冲突有显著影响。斯里兰卡具有TBML的潜力,通过金融机构进行的ML被确定为主要风险。另一方面,文献表明,在斯里兰卡,大量的钱被利用TBML洗钱。地理位置吸引犯罪分子清洗非法所得,因此该国有来自南亚国家的潜在危险。然而,由于斯里兰卡的社会政治气候,犯罪分子不断寻找非法获利的途径。放宽法规以促进外国投资可能会鼓励洗钱者使用他们的非法所得。在处理这个特别微妙的问题时,政府需要非常小心。研究的局限性/意义由于金融犯罪的复杂性,这项研究有许多局限性,正如许多其他研究一样。本研究使用的数据来源于公开信息,由于犯罪分子使用的方法的复杂性,TBML已经被明确定义或理解。因此,报道TMBL的本地病例数量很少,因此本研究依赖于国际病例研究。独创性/价值这个关于斯里兰卡TBML的研究是原创的。预计研究结果和贡献将有助于利益相关者制定TBML预防措施。
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来源期刊
Journal of Money Laundering Control
Journal of Money Laundering Control CRIMINOLOGY & PENOLOGY-
CiteScore
2.70
自引率
27.30%
发文量
59
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