Journal of Money Laundering Control
Volume 16, Issue 2, 2013, Pages 142-158

AML‐CTF: a forced marriage post 9/11 and its effect on financial institutions (Article)

Sinha G.*
  • a The City Law School, City University, London, United Kingdom

Abstract

PurposeThe purpose of this paper is to explain the incompatibility of anti‐money laundering (AML) and counter‐terrorist financing (CTF) measures as a hasty over‐reaction after 9/11, focusing on the compliance burdens that this imposes on the regulated sector, most notably financial institutions. Design/methodology/approachThis paper explains the fundamental differences between money laundering and terrorist financing. It follows the evolution of the marriage between AML and CTF measures in the USA and the UK, comparing the pre and post‐9/11 phases. Consequently, the specific legal burdens placed on financial institutions as a result of this marriage are discussed. FindingsThe paper, while recognising the importance of targeting terrorist money, contends that inherent differences exist between money laundering and terrorist financing, and fusing them together is a hasty reaction to the 9/11 attacks. It argues that the need of the hour is to focus on terrorist profiling, rather than attempting to target terrorist financing through the AML regime. It also concludes that financial institutions are unfairly burdened with the task of “suspecting” terrorist funds, while receiving little or no guidance in this respect. Originality/valueThis paper is of value to governments, regulators, and financial institutions considering the effective implementation of the AML‐CTF regime in the UK and the USA. © 2013, Emerald Group Publishing Limited.

Author Keywords

Counter&hyphen Terrorist Financing Compliance burden 11 over&hyphen reaction Suspicious activity reports United Kingdom Compliance Terrorism United States of America Money laundering Anti&hyphen Financial Institutions 9&sol

Index Keywords

[No Keywords available]

Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-84942512882&doi=10.1108%2f13685201311318494&partnerID=40&md5=b1d831858946d55140c0444684e40088

DOI: 10.1108/13685201311318494
ISSN: 13685201
Cited by: 5
Original Language: English