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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Rim El Khoury, Muneer M. Alshater and Mayank Joshipura
This study aims to assess the current state and impact of the RegTech industry on financial regulation and compliance by providing a comprehensive overview of its evolution and…
Abstract
Purpose
This study aims to assess the current state and impact of the RegTech industry on financial regulation and compliance by providing a comprehensive overview of its evolution and identifying key challenges and opportunities.
Design/methodology/approach
A hybrid review approach was employed, involving a detailed bibliometric analysis of 89 scholarly articles and a content analysis of 47 key studies, covering the period from 2010 to 2023.
Findings
The research identifies critical trends and challenges within the RegTech industry, focusing on the roles of regulatory bodies and technological innovations. It explores four major themes: (1) RegTech applications in FinTech, financial services and banking regulations; (2) RegTech’s role in compliance management and fraud prevention; (3) the impact of digital transformation, governance and regulations; and (4) the integration of Big Data, AI, ML and blockchain in regulatory systems.
Practical implications
This study provides a comprehensive framework for understanding the complicated applications of RegTech, highlighting its potential to enhance compliance efficiency, mitigate risks and foster innovation within the financial sector. The insights provided are valuable for policymakers and financial institutions aiming to develop more robust regulatory frameworks and practices.
Originality/value
This study uniquely integrates bibliometric and content analysis to provide an up-to-date and nuanced overview of RegTech, focusing on recent advancements in AI, ML and blockchain technologies. It not only maps current trends but also identifies research gaps and offers new directions for future research.
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Ambareen Beebeejaun and Teekshna Maharoo
Financial institutions, including banks, have their responsibilities to contribute towards the preservation of the environment. Green banking is an emerging concept that involves…
Abstract
Purpose
Financial institutions, including banks, have their responsibilities to contribute towards the preservation of the environment. Green banking is an emerging concept that involves eco-friendly initiatives by banks and although Mauritius lacks a comprehensive regulatory framework for green banking, there exists a few green regulations and guidelines. Accordingly, the purpose of this study is to critically analyse the existing legal and regulatory framework on green banking in Mauritius. It is expected that this study will showcase the need for some more robust and proper green banking legal and regulatory framework in Mauritius.
Design/methodology/approach
To achieve the research objective, a black-letter analysis is used to analyse the existing regulatory framework in Mauritius. Moreover, a comparative analysis of the current legal frameworks on green banking in countries like Bangladesh, Indonesia, Pakistan and the UK is carried out.
Findings
This study recommends the establishment of a guideline or legal framework for green banking, a Sustainable Finance Policy, a legal binding framework for issuance of bonds, adoption of a Task Force on Climate-related Financial Disclosure guideline, compulsory environmental reporting and disclosures and a green standard rating.
Originality/value
To the best of the authors’ knowledge, this research is among the first literature on green banking laws, especially in the context of a developing country being Mauritius, and it is anticipated that the findings are of use not only to academics but also to the wider community in general.
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This chapter delves into the intricate evolution and challenges of regulatory frameworks within the global financial sector, spotlighting the dynamic interplay between…
Abstract
This chapter delves into the intricate evolution and challenges of regulatory frameworks within the global financial sector, spotlighting the dynamic interplay between technological advancements, globalization and the imperative for stringent regulatory compliance. Initially, it traces the historical lineage of financial regulation from its nascent stages, through pivotal transformations aimed at enhancing market stability and integrity, to contemporary paradigms that balance efficiency with systemic safety. The discourse navigates through various regulatory models – ranging from institutional and functional frameworks to the innovative “Twin Peaks” model – and their respective merits and challenges in aligning with the evolving financial landscape. Furthermore, the paper scrutinizes the multifaceted role of managerial accountability in fostering a culture of compliance, emphasizing proactive risk assessment, regulatory reporting and the integration of ethical considerations into corporate governance. Through an analytical lens, it explores how financial institutions can navigate the complexities of adherence to diverse regulatory mandates, thereby safeguarding financial stability while promoting growth and innovation. The narrative concludes by projecting future trajectories of regulatory frameworks, advocating for a harmonious blend of regulatory rigor and flexibility to accommodate the rapid pace of financial innovation and global interconnectedness.
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Putu Agus Ardiana, Ni Nyoman Ayu Diantini, I Made Surya Negara Sudirman, I Putu Gede Sudana, Ni Putu Achintya Wibawa Putri and Kadek Dwi Linda Yanthi
This study examines the institutional work that led to mandatory sustainability reporting in Indonesia, focusing on ALPHA’s role in introducing GRI-based standards and influencing…
Abstract
Purpose
This study examines the institutional work that led to mandatory sustainability reporting in Indonesia, focusing on ALPHA’s role in introducing GRI-based standards and influencing regulatory evolution under POJK 51/2017.
Design/methodology/approach
A qualitative approach involving 35 semi-structured interviews with corporations, regulators, NGOs, industry associations, consultants and academics was employed. Thematic analysis uncovered key patterns in the institutionalisation process.
Findings
ALPHA’s institutional entrepreneurship, boundary work and normative framing spurred early sustainability reporting adoption. Cultural alignment framed reporting as a societal norm, facilitating regulatory acceptance and embedding transparency as a cornerstone of corporate governance under POJK 51/2017.
Research limitations/implications
Findings are specific to Indonesia. Future research could explore comparative contexts or investigate how voluntary initiatives evolve into regulatory frameworks in other emerging markets.
Practical implications
Policymakers can enhance regulatory frameworks by aligning them with cultural values, while corporations may view sustainability practices as strategic assets for legitimacy and reputation.
Social implications
Aligning sustainability reporting with cultural values fosters corporate transparency and builds public trust.
Originality/value
This study contributes to the institutional work framework by demonstrating how cultural alignment and agency facilitate the institutionalisation of sustainability reporting in an emerging market.
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This study aims to examine how specific regulatory indicators – such as regulatory quality, information and communications technology regulatory environment, regulation of…
Abstract
Purpose
This study aims to examine how specific regulatory indicators – such as regulatory quality, information and communications technology regulatory environment, regulation of emerging technologies, e-commerce legislation and privacy protection by law content – affect the economic outcomes, quality of life and sustainable development goals associated with future technologies, including artificial intelligence, robotics, big data analytics, cloud computing and app- and web-enabled markets.
Design/methodology/approach
Using Bayesian Belief Network models and Network Readiness Index 2023 data from 134 countries, this study explores the relationships between regulatory factors and various socioeconomic outcomes.
Findings
Regulatory quality and e-commerce legislation emerge as central determinants, directly or indirectly impacting economic development, societal well-being and sustainability objectives. Notably, regulatory quality is identified as a pivotal factor across all outcomes, emphasizing the critical role of effective regulatory frameworks in fostering positive outcomes.
Research limitations/implications
The study relies on cross-sectional data, which restricts causal inference, and focuses on national-level data, potentially overlooking subnational variations. In addition, the use of secondary data sources introduces possible measurement errors and biases. Despite these constraints, the study offers valuable insights into regulatory strategies and their role in advancing economic and social outcomes.
Originality/value
The study highlights the importance of tailoring regulatory interventions to address specific needs and challenges faced by countries at different stages of development. The findings provide valuable insights for policymakers, regulatory authorities and stakeholders seeking to navigate the regulatory challenges and opportunities inherent in the era of rapid technological advancement. The study contributes to advancing the understanding of the complex interplay between regulation, technology and development outcomes in the contemporary global landscape.
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Strong versions of the Precautionary Principle (PP) require regulators to prohibit or impose technology controls on activities that pose uncertain risks of possibly significant…
Abstract
Strong versions of the Precautionary Principle (PP) require regulators to prohibit or impose technology controls on activities that pose uncertain risks of possibly significant environmental harm. This decision rule is conceptually unsound and would diminish social welfare. Uncertainty as such does not justify regulatory precaution. While they should reject PP, regulators should take appropriate account of societal aversion to risks of large harm and the value of obtaining additional information before allowing environmentally risky activities to proceed.
Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some…
Abstract
Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.
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This study explores the ethical challenges of integrating derivatives into Islamic finance. It aims to reconcile the principles of Shari’ah law with modern financial practices. It…
Abstract
Purpose
This study explores the ethical challenges of integrating derivatives into Islamic finance. It aims to reconcile the principles of Shari’ah law with modern financial practices. It seeks to understand how derivatives, characterised by their complexity and speculative nature, can align with Islamic moral values, ensuring financial stability and social equity.
Design/methodology/approach
Adopting a doctrinal legal research methodology, the investigation delves into primary and secondary sources encompassing the Quran, Hadith, contemporary scholarly articles, and regulatory documents. The approach enables a comprehensive analysis of Islamic legal texts and principles, assessing their applicability to derivatives within a framework emphasising Shari’ah compliance and ethical integrity.
Findings
The research identifies pathways for the ethical integration of derivatives in Islamic finance, highlighting the potential of these financial instruments to enhance economic justice and societal welfare when aligned with Shari’ah principles. It uncovers regulatory frameworks and innovative practices that can mitigate ethical dilemmas, ensuring derivatives contribute positively to the Islamic financial system.
Originality/value
This paper offers original insights into reconciling financial innovation with Islamic ethical mandates by applying a doctrinal legal research methodology to studying derivatives in Islamic finance. It contributes to the academic discourse on Islamic finance and ethics, providing a nuanced framework for developing Shari’ah-compliant derivative products that uphold the principles of risk-sharing, transparency and social equity. This investigation enriches the understanding of ethical practices in Islamic finance, proposing a model for balancing modern financial mechanisms with traditional Islamic values.
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Jocelyn Grira and Chiraz Labidi
This chapter discusses the regulatory challenges faced by financial institutions in emerging countries and it presents their specific features compared to financial institutions…
Abstract
This chapter discusses the regulatory challenges faced by financial institutions in emerging countries and it presents their specific features compared to financial institutions in developed countries. It offers a practical way of implementing regulatory changes while accounting for emerging countries’ specific features. Using a principle-based approach, this chapter builds on the recent regulatory developments in both developed and developing market economies. It relates these developments to industry best practices as well as the current state of the art in risk management and corporate governance. The findings show how the regulation of financial institutions in emerging countries differs from that in developed countries. Different approaches to mitigate the divergences and fill the gaps are discussed. Both regulators and financial institutions in emerging countries will find this chapter offers a practical point of view based on field and industry experience on how to interpret and apply regulations and adopt best practices in risk management in a way that accounts for emerging countries’ specific features.