Document Type : Article
Authors
1 Professor, Public Law department, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran
2 P.h. D Candidate, Public Law department ,Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran
Abstract
The Financial Action Task Force is currently the most active and dynamic body in standardizing and developing new methods to block money laundering and terrorist financing. One of the most prominent actions of this institution is drafting and presenting FATF 40 recommendations that financial systems of countries must comply in order to prevent any abuse of the financial and banking system of that country. Some of these recommendations have their roots in Security Council resolutions or the Terrorist Financing Convention, and some are new. Although the FATF recommendations are non-binding and a soft law, non-compliance by governments will lead to investor distrust of that government's financial system. However, studies show that those FATF recommendations that contain rules common to those in the Terrorist Financing Convention or Chapter VII Resolutions are more welcomed by governments, and in contrary, governments are less committed to the recommendations contained in the new rules, which are not supported by binding mechanisms, and this can be a statistic of why governments don't adhere to the recommendations of a non-binding institution.
Keywords
- Terrorist financing
- Convention for the Suppression of the Financing of Terrorism 1999
- security council resolution
- FATF.
Main Subjects
Emglish
- A) book
- Arabinda A. (2009). Targeting Terrorist Financing: International Cooperation and New Regimes, New York: Routledge.
- Dion-Schwarz et al, (2019).Terrorists use virtual assets, Published by the RAND Corporation, Santa Monica, Calif.
- B) Article
- Duncan B. H. & Joshua J. Newcomer, (2008). Political Commitments and the Constitution. Virginia Journal of International Law, 49(3).
- Smith, Paul J. (2002). Transnational terrorism and the al Qaeda model: Confronting new realities. The US Army War College Quarterly: Parameters, 32(2 ), 33-46.
- Wouters, Jan & Sanderijn Duquet, (2013). The United Nation, The European Union And Multilateral Action Against Terrorism. Leuven Center for Global Governance Studies, Working Paper, 113.
- C) Thesis
- Esi Baffoe, E. (2017). The Role of The United Nations Security Council in Combating Terrorism Financing Since 2001: Prospects and Challenges, Master Thesis, University of Ghana.
- D) Instrument and Report
- FATF, Guidance on Capacity Building for Mutual Evaluations and Implementation of the FATF Standards within Low Capacity Countries (February 2008).
- FATF-Mandate, 2019, available at: https://www.fatf-gafi.org /publications/ fatfgeneral/documents/fatf-mandate.html.
- FATF-Methodology, 2019, available at: http://www.fatf-gafi.org /publications /mutualevaluations/documents/fatf-methodology.html.
- http://www.fatf-gafi.org/publications/high-risk-and-other-monitored-jurisdictions/ more /more-on-high-risk-and-non-cooperative-jurisdictions.html?hf=10&b=0&s=desc(fatf_releasedate.
- http://www.fatf-gafi.org/publications/mutualevaluations/documents/assessment-ratings.html.
- https://treaties.un.org/Pages/showDetails.aspx?objid=080000028004f335&clang=_en.
- International Convention for the Suppression of the Financing of Terrorism, Adopted by the General Assembly of the United Nations in resolution 54/109 of 9 December 1999, Available at: http://www.un.org/law/cod/finterr.htm.
- International Standards On Combating Money Laundering And The Financing Of Terrorism & Proliferation, The FATF Recommendation, 2012.
References in Persian:
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- C) Thesis
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