FINANCE AND SECURITY
MARTIN S. NAVIAS
Finance and Security
Global Vulnerabilities, Threats and Responses
HURST & COMPANY, LONDON
First published in the United Kingdom in 2019 by
C. Hurst & Co. (Publishers) Ltd.,
41 Great Russell Street, London, WC1B 3PL
Martin S. Navias, 2019
All rights reserved.
Printed in the United Kindgom
Distributed in the United States, Canada and Latin America by Oxford University Press, 198 Madison Avenue, New York, NY 10016, United States of America
The right of Martin S. Navias to be identified as the author of this publication is asserted by him in accordance with the Copyright, Designs and Patents Act, 1988.
A Cataloguing-in-Publication data record for this book is available from the British Library.
ISBN: 9781787383579
This book is printed using paper from registered sustainable and managed sources.
www.hurstpublishers.com
For Gabriel and Eve
CONTENTS
AML | Anti-Money Laundering |
AQAP | Al-Qaeda in the Arabian Peninsula |
AQIM | Al-Qaeda in the Maghreb |
ATCSA | Anti-Terrorism Crime and Security Act 2001 |
BBA | British Bankers Association |
BIS | Bureau of Industry and Security |
CAATSA | Countering Americas Adversaries through Sanctions Act 2017 |
CCL | Commerce Control List |
CFT | Counter-Terrorism Financing |
CIFG | Counter-ISIL Finance Group |
CTC | Counter-Terrorism Committee |
CTITF | Counter-Terrorism Implementation Task Force |
CTU | Counter-Terrorism Unit |
DAML | Defence against Money Laundering Request |
DPs | Designated Persons |
EAR | Export Administration Regulations |
ECCN | Export Control Classification Number |
ECJU | Export Control Joint Unit |
FARC | The Revolutionary Armed Forces of Colombia |
FATF | Financial Action Task Force |
FCA | Financial Conduct Authority |
FCPA | Foreign Corrupt Practices Act 1977 |
FIU | Financial Intelligence Unit |
FinCEN | Financial Crimes Enforcement Network |
FSA | Financial Services Authority |
FTF | Foreign Terrorist Fighters |
GEA | General Export Authorisation |
GST | Goods, Services and Technologies |
HMRC | Her Majestys Revenue and Customs |
HVD | High Value Dealers |
IFC | International Financial Centre |
ILSA | IranLibya Sanctions Act 1996 |
IRGC-QF | Iranian Revolutionary Guard Corpsal-Quds Force |
ISIS | Islamic State in Iraq and Syria |
ITAR | International Traffic in Arms Regulations |
ITSR | Iranian Transactions and Sanctions Regulations 2012 |
JCPOA | Joint Comprehensive Plan of Action |
JMLIT | Joint Money Laundering Intelligence Taskforce |
KFR | Kidnapping for Ransom |
MCLA | Money Laundering Control Act 1986 |
NCA | National Crime Agency |
NECC | National Economic Crime Centre |
NGO | Non-Governmental Organisation |
NRA 2017 | National Risk Assessment of Money Laundering and Terrorist Financing 2017 |
NTFIU | National Terrorist Financial Intelligence Unit |
NTFRA | National Terrorist Financing Risk Assessment |
OFAC | Office of Foreign Assets Control |
OFSI | Office of Financial Sanctions Implementation |
OGEL | Open General Export Licence |
OIEL | Open Individual Export Licence |
PEPs | Politically Exposed Persons |
PKK | The Kurdistan Workers Party |
PLI Model | Placement, Layering and Integration Model |
POCA | Proceeds of Crime Act 2002 |
PML | Professional Money Laundering |
RBA | Risk-Based Approach |
SAMLA | Sanctions and Anti-Money Laundering Act 2018 |
SAR | Suspicious Activity Report |
SDNs | Specially Designated Nationals |
SFO | Serious Fraud Office |
SIEL | Standard Individual Export Licence |
TACT | Terrorism Act 2000 |
TAFA | Terrorist Asset-Freezing Act 2010 |
TBML | Trade-Based Money Laundering |
UNCAC | United Nations Convention against Corruption |
UNCCT | United Nations Counter-Terrorism Centre |
UNSC | United Nations Security Council |
UNSCR | United Nations Security Council Resolution |
USML | United States Munitions List |
WMD | Weapons of Mass Destruction |
The Meaning of Finance and Security
Security can mean very different things to different people. Both finance and defence professionals frequently employ the term but the concepts to which they are referring are essentially distinct.
When bankers, lawyers and others involved in finance discuss security they are often describing the process whereby a creditorfor example a bankwill take a legally recognised stake in the assets of a borrower. Should that borrower fail to perform its contractual obligations to the bank, such as repaying a loan, then the bank has a right to appropriate those assets in order to make good monies owed to it by that borrower. In support of this process, English law, for example, recognises several types of legal securitymortgages, charges, pledges and liensbut the types of legal and commercial security that can be created vary by jurisdiction. Concomitantly, in a financial context, a security may also refer to a tradable financial instrument that has monetary value. Securities here may be classified as equity securities such as shares and debt securities such as bonds and debentures.
In the fields of war studies, international relations and politics, security carries a totally unrelated connotation. It can mean national and personal well-being, concepts that the layman can readily appreciate but which also have a particular sense and construction within the defence and security space. Thus, the security of the nation state is a service usually primarily provided by a government which develops policies, strategies and forces to protect its institutions, its economy and its populace against a range of military, non-military, conventional and non-conventional threats.
These two communities, finance professionals and defence and security professionals, often work in parallel realms with little overlap and rare meeting. However, certainly since the 11 September 2001 terrorist attacks on the United States, the international finance community has increasingly been tasked by the state to help defend the financial system against a range of emerging global threats. Similarly, the security community has found itself drawn further into the world of finance as the global financial system has been recognised not only as a critical node of state power and national interest, but also as one of acute vulnerability.