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A. Mussin, LL.M.

Financial police Academy, Kazakhstan

Struggle on money laundering: international tendencies and threats.

 

        The problem of the struggle against "money laundering" in more or less familiar to all developed countries and is actually international. Organized crime, legalizing their illegal profits, in addition to internal channels effectively uses a system of international payments, tax havens, and mechanisms of export-import operations. In this regard, it is closely related to various aspects of other transnational crimes.

         Types and forms of modern organized crime are extremely diverse, many of its manifestations cannot be put in a specific offense, defined as a crime with in common criminal law definitions.

 

         Money laundering is a serious threat not only for Kazakhstan, but for all countries of the world community, as this phenomenon to some extent has an impact on the overall crime situation and the national economy. In Kazakhstan, the harm caused to the State is quite significant and amounts to billions of tenge. One of the strategyes of the Agency of Financial Police is - removing the effects of economic crimes. So for eight months of 2011 the financial police had recovered damages to the state and citizens in the sum of 767 million U.S. dollars.

 

 

One of the key international institutions to combat money laundering of illicit proceeds and terrorism financing is the Financial Action Task Force against Money Laundering (FATF), an initiative of the Heads of States and Governments of the Group of Seven in 1989.

In addition, EAG founded in 2004, united the countries of the Eurasian region: Belarus, India, China, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Turkmenistan and Uzbekistan. EAG has an important role in reducing the threat of terrorism and to ensure transparency, reliability, and security of financial systems in the region, as well as the involvement of regional states in the international system of combating money laundering and terrorist financing.

         After receiving associate membership in FATF Kazakhstan and all nations of the EAG, even without permanent membership in the FATF, can take part in its work.

As part of the EAG, as well as cooperation on the basis of dvuhstornnego Kazakhstan participates as a beneficiary of technical assistance programs from international organizations such as IMF, World Bank, UNODC and the OSCE. Technical assistance is based on the principles of mutual interest, practicality and efficiency. Programs are implemented by means of: projects, personnel training and advice to support the development of individual elements, and in the whole national system of Kazakhstan on combating legalization (laundering) of proceeds from illegal and terrorist financing.

During the 19th Plenary Meeting of the Group of financial intelligence units (FIUs) Egmont, held in Yerevan (Armenia) 11 to 15 July, 2011 an official decision was made on the accession of the Committee for Financial Monitoring of the Ministry of Finance of the Republic of Kazakhstan in the Egmont Group as a full member. This event is a recognition of the national system of financial monitoring of Kazakhstan in the international arena and will enhance cooperation with foreign countries in the field of combating money laundering and terrorist financing, as well as improve the efficiency of the Committee for Financial Monitoring and strengthen information exchange with financial intelligence units of the participating countries of the Egmont Group .

Along with Kazakhstan, other members include Azerbaijan, Morocco, Mali, Samoa, Solomon Islands, and the Republic of Uzbekistan. At this point 127 countries are in the Egmont Group.

Kazakhstan also has consistently taken steps to implement the 40 +9 FATF Special Recommendations, some of which require appropriate changes in national legislation. By studying the international experience of combating money laundering, the Republic of Kazakhstan assesses national legislation and evaluates its development.

As international practice shows that in countries with experience fighting this category of crimes, the presence of law enforcement bodies and special services, special staff position, with functional responsibilities for monitoring, removal, valuation, are necessary to follow the confiscation of money or other property acquired from criminal activity. In this connection it seems appropriate to introduce in the Financial Police of the Republic of Kazakhstan the appropriate structure (department, management department).

 

In addition, one practice has proven its effectiveness in some countries (eg China, Hong Kong): the repeal of the presumption of innocence for officials. In the case of detection, seizure of property by value clearly exceeding the size of the money assets under the official control, such property would be subject to seizure if the person fails to prove the legitimacy of ownership. This situation echoes Article 20 of the UN Convention against Corruption (October 31, 2003, which Kazakhstan joined in May 2008) Illicit enrichment: Subject to its constitution and the fundamental principles of its legal system, each State Party shall consider adopting such legislative and other measures as may be necessary to establish as a criminal offense, when committed intentionally, illicit enrichment, that is, a significant increase in the assets of a public official, his or her lawful income, that it can not reasonably explain.

Applying the above principles will greatly contribute to having a place in some countries (eg USA), a measure for the introduction of the universal declaration of expenditure. Hence the size of illicit enrichment will be visible as the difference between revenues and expenditures of the official. This difference can be identified by developing the necessary methodology for calculating that reflects credit and debit transactions, including taxes and other obligatory payments for budget, balance, etc. It is also necessary to define more clearly the concept of an official in the criminal law, outlining, and thereby extending the range of persons covered by this definition to bring it into conformity with Article 2 of the UN Convention against Corruption: a) "Public official" means:

i) any appointed or elected person holding any office in the legislative, executive, administrative or judicial office of a Member State on a permanent or temporary, whether paid or unpaid, irrespective of that person's seniority;

ii) Any other person exercising a public function, including for a public agency or public enterprise, or provides a public service, as defined in the domestic law of a State Party and as applied in the pertinent area of law that State Party;

iii) any other person defined as a "public official" in the domestic law of a State Party. Nevertheless, for the purpose of some specific measures contained in chapter II of this Convention, "public official" may mean any person exercising a public function or provides a public service, as defined in the domestic law of a State Party as applied in the relevant area of law of that State Party.

 

Another effective tool in combating the shadow economy and money laundering derived from criminal activities is reducing the circulation of cash and maximizing non-cash settlements in the country. An action plan on combating corruption for 2011-2015 by the Ministry of Finance of the Republic of Kazakhstan tackles this issue. Currently, according to the National Bank, the ratio of cash to total money supply in Kazakhstan is 12.7%. In Russia, the ratio is 11.9%. The normal rate is 4.2-6.6%, in Brazil and the U.S. respectively. Cash is after-all a useful tool for criminals - at leave no traces. Therefore, criminals prefer cash. Cash is on site at all drug trafficking, arms trafficking, contract killings, robberies, thefts... almost all crimes. Checks or credit cards for illegal drugs or for guns cannot be redeemed – because they leave a trail.

 

 

 

References:

 

1. Pact on 16.12.1966, the 
 "International Covenant on Civil and Political Rights."

2. Report EAG "mutual evaluation".

3. "The fight against money laundering derived from drug trafficking," Guidelines / N.R. Aykumbekov. - Almaty: OONIiRIR Police Academy RK, 2009. - 50 seconds.

4. Official website of FATF: http://www.fatf-gafi.org

5. Official website of the FSA: http://www.afn.kz/ru