This paper aims to demonstrate to lawmakers that the addition of art dealers to the designated non-financial businesses and professions (DNFBPs) definition would provide Australia…
Abstract
Purpose
This paper aims to demonstrate to lawmakers that the addition of art dealers to the designated non-financial businesses and professions (DNFBPs) definition would provide Australia with more comprehensive protection against money laundering within the art market.
Design/methodology/approach
The paper opted for an exploratory study using doctrinal and jurisdictional comparative analysis that focused on arguments for and against the inclusion of art dealers in respective DNFBPs definitions. Evaluation of these arguments concludes that art dealers should be included in Australia’s DNFBPs definition and subject to anti-money laundering (AML) regulation.
Findings
The current omission of art dealers from Australia’s DNFBPs definition perpetuates AML vulnerabilities within the Australian art market.
Originality/value
This paper fulfils an identified need to study high-value dealers not included in Australia’s DNFBPs definition and provide arguments for and against the inclusion of Australian art dealers in the listed DNFBP.
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Doron Goldbarsht and Katie Benson
The legal profession is vulnerable to abuse for the purposes of money laundering and terrorist financing. According to the Financial Action Task Force (FATF), that vulnerability…
Abstract
Purpose
The legal profession is vulnerable to abuse for the purposes of money laundering and terrorist financing. According to the Financial Action Task Force (FATF), that vulnerability justified updated global recommendations that urge countries to require lawyers, notaries and other independent legal professionals – including sole practitioners, partners and employed professionals within law firms – to identify, assess and manage the money laundering and terrorist financing risks associated with their services and to ensure that they have appropriate mechanisms in place to provide risk assessment information to competent authorities. Those recommendations proved contentious, with concerns raised by both legal academics and legal professional bodies about the implications of certain aspects of the requirements for the principle of lawyer–client confidentiality. Despite those concerns, many countries have introduced or amended regulatory regimes to extend their application to the legal sector to comply with the FATF’s standards. The purpose of this paper is to contribute to the debate surrounding the extension of AML/CTF obligations to the legal profession.
Design/methodology/approach
This paper considers three jurisdictions – the UK, Israel and Australia – at different stages in their journey towards compliance with the FATF’s anti-money laundering (AML) and counter-terrorist financing (CTF) standards for the legal profession. While the UK has a long-established and well-embedded AML regulatory framework for legal professionals, Australia remains non-compliant with the FATF standards. Israel occupies a position between these two ends of the spectrum: following criticism of the omission of lawyers from its AML/CTF regime, Israel implemented due diligence rules for the profession. In 2018, Israel was found to be partially compliant with the relevant FATF recommendations.
Findings
It argues that although there are challenges involved, there are also important benefits. Therefore, Australia should act to implement its proposed changes sooner rather than later. Its persistent failure to appropriately address globally recognised areas of vulnerability leaves Australia open to integrity abuse. In addition, if the government delays addressing this issue until pressure from the FATF (such as deadlines for compliance and, if necessary, a finding of non-compliance) forces it to comply, this may tarnish Australia’s reputation, threaten its access to international financial markets and adversely affect the legitimacy and effectiveness of its AML/CTF regime.
Originality/value
Originality in this context refers to the distinctiveness and uniqueness of a paper’s content and approach. In this case, the originality lies in the fact that there is no other existing paper that addresses the topic of three common-law jurisdictions at various stages of their progression towards aligning with the FATF AML/CTF standards, specifically within the context of the legal profession. Furthermore, the timeliness of this paper is underscored by the fact that multiple jurisdictions are currently deliberating their positions on the focus of this paper. This adds to its originality and relevance, as it addresses a gap in the literature while also contributing to the ongoing discourse surrounding compliance with FATF’s standards.
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The modern corporation is evaluated by many measures that go beyond profit, which was the emphasis for years previously. Today’s corporation is weighed against expectations of…
Abstract
Purpose
The modern corporation is evaluated by many measures that go beyond profit, which was the emphasis for years previously. Today’s corporation is weighed against expectations of many stakeholders, including not just customers but employees, investors, the government and even the public at large with no discernible financial or other tie to a company. As such, corporate boards necessarily must be concerned with more than financial performance, including corporate social responsibility (CSR) and the increasing emphasis on environmental, social and governance (ESG) metrics. Given that public relations scholars and practitioners have long been concerned with stakeholder relationships, social responsibility and other non-financial indicators, it would make sense that public relations has a more obvious presence on corporate boards.
Design/methodology/approach
This study examined the 25 companies in the Fortune Modern Board 25 to determine how many board members had a background or expertise in public relations that would contribute to the leadership necessary for the concerns of the modern corporation, and whether the boards had a committee designated to public relations or related functions.
Findings
Results show that there are few corporate boards that have public relations represented prominently in either their members or committees. The same is true for executive leadership teams. Public relations or communications executives do appear to play some role in ESG, CSR and DEI reporting, but often there are staff members with those specific titles and roles.
Research limitations/implications
The study was limited to 25 corporations on a Forbes list that ranked them as best in communicating ESG, CSR and DEI. The method examined publicly available literature which was revealing to the research questions, but more could be learned by interview or survey with CCOs.
Practical implications
The study shows the current presence of public relations capacity in terms of members of corporate boards, corporate committees and among the C-suite is not significant. Also, rather than PR as a function owning modern concerns of DEI, ESG and CSR, there are professionals with specific expertise in those areas who are responsible for those corporate issues.
Social implications
Corporate social responsibility (CSR), ESG (environmental, social, governance) and DEI (diversity, equity and inclusion) have recently been stressed as important for corporations to measure and report. The role of the public relations profession in managing and/or communicating in these areas is important to consider in terms of public expectations and satisfaction of communication on these subjects.
Originality/value
This paper is unique in integrating public relations theory and practice with board theory and the current management concerns with ESG, CSR and DEI. Little if any previous research has considered which professions are in charge of communicating on these concerns.
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Abdulrazak Alenazi, Abdelaziz Chazi, Eid M Alotaibi and Kimberly Gleason
The purpose of this paper is to extend the current research to create a conceptual framework for the Islamic perspective on money-laundering (ML) activities.
Abstract
Purpose
The purpose of this paper is to extend the current research to create a conceptual framework for the Islamic perspective on money-laundering (ML) activities.
Design/methodology/approach
The authors use a qualitative research approach through an analysis of texts from the Holy Quran, the traditions of the Prophet Muhammad (PBUH) and Islamic scholars’ jurisprudence, as well as a literature review of the research regarding money laundering within the scope of Sharia law.
Findings
The authors document three examples of “grey areas” remaining for consideration within the context of anti-money laundering (AML) policy at Islamic banks and Islamic insurance companies: the proceeds of the secular predicate crimes of tax evasion, grey and black-market employment and inheritance issues.
Research limitations/implications
The authors open new avenues for future research to examine the ML and other financial crimes by comparing different legal jurisdictions to Sharia laws, i.e. country-by-country analysis. Future research can also further grain the Sharia perspective of ML and other financial processes by examining the detailed views of different Islamic schools of thought (i.e. Hanafi, Maliki, Shafi’i and Hanbali) or by considering additional ML typologies in light of Sharia law.
Practical implications
The results are of interest for policymakers, whereas by acknowledging the differences between Sharia and civil laws and their complementarity, more accurate regulations can be set to establish prudent operational AML/CTF frameworks for Islamic banks and insurance companies.
Social implications
For the Sharia advisory boards of Islamic financial and designated non-financial businesses and professions to enhance their monitory role as an additional layer of AML control.
Originality/value
To the best of the authors’ knowledge, this paper is the first to provide consideration to the distinction between the concepts of secular illegality and Sharia prohibition in determining the permissible scope of activities to which Know Your Customer compliance should apply at Islamic banks and insurance companies.
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Tareq Nael AlTawil and Alaeddin Rahhal
This paper has investigated the synergies between the UAE corporate social responsibility (CSR) laws and corporate governance (CG) frameworks. The purpose of this paper is to…
Abstract
Purpose
This paper has investigated the synergies between the UAE corporate social responsibility (CSR) laws and corporate governance (CG) frameworks. The purpose of this paper is to examine the collective impact of CSR laws and CG frameworks on fraud prevention and detection within the UAE business landscape.
Design/methodology/approach
The researcher used a secondary analytical method to examine the synergies between UAE CSR laws and CG frameworks, focusing on corporate fraud detection and prevention. This method involved a comprehensive analysis of secondary sources of information from various sources such as government reports, legislation, academics and other sources such as the organization’s CSR and other industry reports. The main secondary sources included the official documents of the UAE related to CG and legal requirements on CSR, the reports of the financial institutions of UAE and designated nonfinancial businesses and professions and international guidelines such as those from the financial action task force.
Findings
The UAE has various federal and emirate-level laws governing CSR and CG, emphasizing directors’ duties, disclosure and reporting. Therefore, CG and CSR have bidirectional relationship within the context of the UAE legislative framework. However, the existence of different legislation at the federal and emirate levels is undermining the effectiveness of existing laws and regulations. The UAE must now work toward harmonization of existing laws and regulations to enhance their effectiveness and enforceability across emirates. The UAE government should consider expanding CSR provisions under the CCL or amend the CSR law to include provisions on mandatory reporting for unethical practices across corporations. The evolving global regulatory landscape, including the European Union Artificial Intelligence Act (EU AI Act), highlights the UAE’s need for adaptive legal frameworks to integrate technological advancements into CG and CSR practices, ensuring ethical and transparent business conduct.
Originality/value
The researcher examined the collective impact of CSR laws and CG frameworks on fraud prevention and detection within the UAE business landscape. This examination also considers the broader implications for enhancing transparency and accountability in combating money laundering and other financial crimes. The research ultimately aims to provide insights into how UAE CSR laws and CG frameworks align to foster more robust and ethical corporate practices, contributing to a broader understanding of fraud prevention and governance best practices.
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This paper aims to provide authorities managing free trade zones, business enterprises, financial institutions and dedicated free zone customs, police and immigration command…
Abstract
Purpose
This paper aims to provide authorities managing free trade zones, business enterprises, financial institutions and dedicated free zone customs, police and immigration command assigned to deal with aspects of movement of goods and persons in and out of the free zones with a clear understanding of the cross-border financial crime risks associated with the African Continental Free Trade Area and the risk control measures that combines human intelligence with advanced technology to combat cross-border financial crimes in the African Continental Free Trade Area.
Design/methodology/approach
A range of research activities would be used in this study. In addition to a sweeping literature review of academic, official studies and media writings, the main focus is on critically evaluating and analysing primary data by searching and collecting statutes, court cases, administrative rules and regulations and policy documents.
Findings
This paper identified bribery and corruption; modern slavery; and trade-based money laundering as the financial crime risks that are of priority concern to African Continental Free Trade Areas and demonstrated how countries can assess and mitigate these risks through adequate policies, procedures and controls including appropriate compliance management arrangement and adequate screening procedures to ensure high standards when hiring employees; corporate transparency; training on managing incidents of modern slavery, forced labour and third-party exploitation; and appropriate monitoring framework for trade-based money laundering activities.
Originality/value
While many authors have written research papers on intra-African trade, none of those research papers explained how countries can assess and mitigate financial crime risks in free trade zones. This research paper describes the ways in which cross-border financial crime risks can be assessed and adequately addressed by the authorities managing free trade zones. This research paper analyses the risk assessment topic in line with the African Continental Free Trade Area with a focus on free trade zones in Nigeria. This research paper would help authorities managing free trade zones, commercial organisations and business enterprises to identify, prevent and mitigate cross-border financial crime risks. Zone managements and business enterprises that implement the risk-based approach, in line with the guidance given in this research paper, will be well-placed to avoid the consequences of inappropriate de-risking behaviour.
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This paper aims to critically analyse the evolving anti-money laundering (AML) and counter-terrorism financing (CTF) framework in Saudi Arabia, focusing on the intersection of…
Abstract
Purpose
This paper aims to critically analyse the evolving anti-money laundering (AML) and counter-terrorism financing (CTF) framework in Saudi Arabia, focusing on the intersection of Shari’ah and international AML standards. The study explores Saudi Arabia’s efforts to combat money laundering (ML) and terrorism financing (TF) within its global engagement, assessing the challenges and opportunities posed by emerging financial technologies and transnational financial crime.
Design/methodology/approach
The research uses a legal doctrinal analysis of Saudi Arabia’s AML/CTF laws, integrating a review of FATF reports, international guidelines and Shari’ah-compliant financial regulations. The study also evaluates Saudi Arabia’s participation in international AML/CTF cooperation efforts, drawing on case studies of the country’s involvement in global initiatives and bilateral agreements. In addition, the research examines policy recommendations and explores the role of new financial technologies, such as cryptocurrencies and blockchain.
Findings
Saudi Arabia has made significant progress in aligning its AML/CTF framework with global standards, particularly following its full membership in the FATF. However, challenges remain, especially in addressing vulnerabilities within non-financial sectors and regulating emerging financial technologies. The study finds that integrating Shari’ah into the country’s AML/CTF system enhances cultural and religious relevance while contributing to global compliance efforts. International cooperation and technology adoption are essential for staying ahead of evolving threats.
Originality/value
This study uniquely examines the interplay between Shari’ah and global AML standards in Saudi Arabia, offering insights into how religious principles coexist with international regulatory requirements. It also addresses the rising challenges of cryptocurrencies and blockchain, providing actionable policy recommendations for policymakers and financial institutions to enhance Saudi Arabia’s AML/CTF efforts. The research highlights Saudi Arabia’s role as a regional leader and global contributor to financial crime prevention.
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Yiting Huang, Esinath Ndiweni and Yasser Barghathi
This paper aims to understand the impact of big data on the UAE audit profession. Mainly exploring whether the emergence of big data threatens the reliability of audit standards…
Abstract
Purpose
This paper aims to understand the impact of big data on the UAE audit profession. Mainly exploring whether the emergence of big data threatens the reliability of audit standards and whether audit standards need to be improved. Also, exploring the impact of big data on the collection of audit evidence.
Design/methodology/approach
Semistructured interviews were used to collect data, mainly targeting the audit-related workers of the Big Four and Non-Big Four audit firms in the UAE. Thematic analysis is adopted to analyze the original data, and the main factors affecting the audit standard and audit evidence collection.
Findings
This study found that the reliability of audit standards and the way audit evidence is collected can be affected by big data. It concludes that audit standards need to be improved and strengthened to include detailed essential elements associated with big data to ensure audit reliability, legitimacy and regularity. The results also identify the impact of big data on audit evidence in terms of adequacy, appropriateness, authenticity, consistency and reliability, as well as the impact on the validity and completeness of evidence collection. The research highlights the importance of big data skills and knowledge education, the contribution and challenges of big data to auditing, and the use of big data in future auditing.
Originality/value
This research provides specific empirical evidence from both Big Four and Non-Big Four audit firms in the UAE, which is lacking in the literature on the use of big data technology by auditors to assist audit works in UAE. It may serve as a reference for other researchers or those interested in relevant research.
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Motor vehicles play a vital role in the economic and social growth of any country. However, they have recently become instruments and a source of illegally obtained financial…
Abstract
Purpose
Motor vehicles play a vital role in the economic and social growth of any country. However, they have recently become instruments and a source of illegally obtained financial gains for criminal bodies and individuals. This study aims to assess the laws of Mauritius on AML procedures to prevent money laundering through vehicles transactions.
Design/methodology/approach
To achieve the research objective, the black letter research method was used by analysing laws, regulations and case laws on the subject matter. A desk-based and doctrinal approach was also used by examining policy papers, scholarly articles and newspaper materials on the researched topic. Additionally, the research adopted a comparative analysis by assessing how the laws of another country address the issue of money laundering through vehicle transaction and the selected country is the UK.
Findings
The research concluded that Mauritius AML laws are lagging behind of the UK laws and accordingly, some measures were suggested to deal with the issue of money laundering through vehicles transactions. Accordingly, this research recommended that motor vehicle dealers who are high value dealers engaged in cash transactions above certain threshold, must also be categorised as reporting persons under the FIAMLA such that the prescribed AML measures apply to them. Additionally, it is convenient for the FCC to be embodied with some additional punitive and corrective powers to assist the Commission in its fight for the prevention and elimination of financial crimes in Mauritius.
Originality/value
At present, this study will be among the first academic writings on the intersection between money laundering and the automobile industry and on the effectiveness of the legal and regulatory measures undertaken by the Mauritian authorities to prevent money laundering through vehicles transactions. The study is carried out with the aim of combining a large amount of empirical, theoretical and factual information that can be of use to various stakeholders and not only to academics.
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This study aims to assess how ethical sales behaviour affects switching costs typology, mediated by trust and moderated by brand affiliation, monthly contributions and the number…
Abstract
Purpose
This study aims to assess how ethical sales behaviour affects switching costs typology, mediated by trust and moderated by brand affiliation, monthly contributions and the number of dependent beneficiaries in medical schemes in South Africa.
Design/methodology/approach
A quantitative study targeted a non-probability judgement sample of 250 main members of medical schemes, elicited near health-care facilities in South Africa’s Gauteng province. Data was collected in a face-to-face survey and analysed using structural equation modelling on AMOS version 29 and PROCESS procedure for Statistical Package of Social Science release 2.041.
Findings
The results show that ethical sales behaviour negatively affects trust and positively affects evaluation, monetary and personal relational loss costs. Trust positively affects personal relational loss costs, economic risk, evaluation, monetary and benefit loss costs. Moreover, trust mediates the effect of ethical sales behaviour on evaluation, monetary and personal relational loss costs. Finally, the number of dependent beneficiaries, monthly contributions and brand affiliation significantly moderate these interactions.
Originality/value
The paper validates the application of commitment-to-trust theory in mediating how the effects of the general theory of marketing ethics on switching costs typology differ according to the number of dependent beneficiaries, monthly contributions and brand affiliation with medical schemes.