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Martin S. Navias - Finance and Security: Global Vulnerabilities, Threats and Responses

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Martin S. Navias Finance and Security: Global Vulnerabilities, Threats and Responses
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The global financial sector is increasingly vulnerable to penetration by criminal money-launderers, financiers of terrorism, and proliferators of weapons of mass destruction. At the same time, it offers instruments that can be usefully employed to pursue foreign and security policy objectives. It is thus hardly surprising that finance has emerged as an arena of intense competition, if not conflict, between those seeking to exploit or attack this vital element of state power and those tasked with defending its integrity or harnessing it for legal purposes. Navias assesses the key threats to financial systems and shows how the public and private sectors are co-operating to contain them. He analyses the main characteristics of criminal money-laundering and terrorist financing, and reviews major multilateral and national regimes locked in the perpetual battle to shore up the financial sector against these constantly evolving security challenges. He also considers the uses of finance in support of key sanctions, counter-proliferation, and arms embargo policies. Uniquely, Finance and Security views these financial threats and weapons through a security and war studies prism. It will be equally invaluable to scholars of security and international relations and to professionals working in the legal, banking and compliance professions.

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FINANCE AND SECURITY MARTIN S NAVIAS Finance and Security Global - photo 1

FINANCE AND SECURITY

MARTIN S. NAVIAS
Finance and Security
Global Vulnerabilities, Threats and Responses

Picture 2

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
AMLAnti-Money Laundering
AQAPAl-Qaeda in the Arabian Peninsula
AQIMAl-Qaeda in the Maghreb
ATCSAAnti-Terrorism Crime and Security Act 2001
BBABritish Bankers Association
BISBureau of Industry and Security
CAATSACountering Americas Adversaries through Sanctions Act 2017
CCLCommerce Control List
CFTCounter-Terrorism Financing
CIFGCounter-ISIL Finance Group
CTCCounter-Terrorism Committee
CTITFCounter-Terrorism Implementation Task Force
CTUCounter-Terrorism Unit
DAMLDefence against Money Laundering Request
DPsDesignated Persons
EARExport Administration Regulations
ECCNExport Control Classification Number
ECJUExport Control Joint Unit
FARCThe Revolutionary Armed Forces of Colombia
FATFFinancial Action Task Force
FCAFinancial Conduct Authority
FCPAForeign Corrupt Practices Act 1977
FIUFinancial Intelligence Unit
FinCENFinancial Crimes Enforcement Network
FSAFinancial Services Authority
FTFForeign Terrorist Fighters
GEAGeneral Export Authorisation
GSTGoods, Services and Technologies
HMRCHer Majestys Revenue and Customs
HVDHigh Value Dealers
IFCInternational Financial Centre
ILSAIranLibya Sanctions Act 1996
IRGC-QFIranian Revolutionary Guard Corpsal-Quds Force
ISISIslamic State in Iraq and Syria
ITARInternational Traffic in Arms Regulations
ITSRIranian Transactions and Sanctions Regulations 2012
JCPOAJoint Comprehensive Plan of Action
JMLITJoint Money Laundering Intelligence Taskforce
KFRKidnapping for Ransom
MCLAMoney Laundering Control Act 1986
NCANational Crime Agency
NECCNational Economic Crime Centre
NGONon-Governmental Organisation
NRA 2017National Risk Assessment of Money Laundering and Terrorist Financing 2017
NTFIUNational Terrorist Financial Intelligence Unit
NTFRANational Terrorist Financing Risk Assessment
OFACOffice of Foreign Assets Control
OFSIOffice of Financial Sanctions Implementation
OGELOpen General Export Licence
OIELOpen Individual Export Licence
PEPsPolitically Exposed Persons
PKKThe Kurdistan Workers Party
PLI ModelPlacement, Layering and Integration Model
POCAProceeds of Crime Act 2002
PMLProfessional Money Laundering
RBARisk-Based Approach
SAMLASanctions and Anti-Money Laundering Act 2018
SARSuspicious Activity Report
SDNsSpecially Designated Nationals
SFOSerious Fraud Office
SIELStandard Individual Export Licence
TACTTerrorism Act 2000
TAFATerrorist Asset-Freezing Act 2010
TBMLTrade-Based Money Laundering
UNCACUnited Nations Convention against Corruption
UNCCTUnited Nations Counter-Terrorism Centre
UNSCUnited Nations Security Council
UNSCRUnited Nations Security Council Resolution
USMLUnited States Munitions List
WMDWeapons 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.

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