India-Pakistan: Coming to Terms (Palgrave Series in Asian Governance)


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Sovereignty and Citizenship in Asia and the Indian Ocean World

D'Costa, B , 'Catching dreams and building hopes for children: A research-led policy agenda on migration and displacement', Migration Policy Practice, vol. Warren ed. D'Costa, B, ed. New Delhi: India. D'Costa, B , ''You cannot hold two watermelons in one hand': gender justice and anti-state local security institutions in Pakistan and Afghanistan', in H Nasu, K Rubenstein ed.

D'Costa, B , Of trials and errors: International vs. D'Costa, B , The Rohingya and the denial of the 'right to have rights', pp. D'Costa, B , The scars of war, victory and justice, pp. D'Costa, B , A genocide and refugees: Ripples in the pond, pp. D'Costa, B , Transnational feminism: political strategies and theoretical resources. D'Costa, D , 'Frozen in Time? We have a dedicated site for Germany. In 60 years the nuclear tipped South Asian enduring rivals, India and Pakistan have fought four wars and were close to a fifth one in Indo-Pak dyad has been the focal point of countless studies and while discord and conflict are the focus of most studies there have been periods of cooperation that have not been given enough attention.

This book is an attempt to dig out the positive aspects of past Indo-Pak engagements and explore the relevant lessons to help resolve the pending issues. The book argues that both came to terms with each after 50 years and created the composite dialogue process in and by extracting lessons from the history they can resolve their differences even if their overall relations remain hostile. Summing up: Recommended. General readers, students of all levels, and researchers. Sharma, Unviersity of San Francisco.

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They can and have. How they have done so is described here, illuminated by the insights of negotiation theory. The need to communicate and monitor the extensive regulatory requirements imposed on the private sector can require a sizeable FIU. Other public regulatory bodies such as central banks, insurance supervisors, securities regulators, and company registrars have also acquired AML responsibilities, generally involving retraining, additional staff, and more money.

The accounting firm KPMG has conducted two rounds of surveys on the costs of the AML system to prominent banks around Corruption-Money Laundering Nexus 29 the world, with results published in and The increasing burden of the AML regime on the developing world would be less remarkable if it had resulted in a significant number of convictions, large sums of dirty money confiscated, or a reduction in associated predicate crimes.

But there is very little sign of either domestic or international benefits as a result of developing countries being incorporated within the global AML regime. Most developing countries have yet to record a single money laundering conviction or dollar confiscated excepting the United States, most developed countries have only a handful of convictions In Niger, for example, one of the poorest and least developed countries in the world, the FIU set up at the beginning of had eighteen months later only received one suspicious transaction report which turned out to be sent in error , with no investigations or prosecutions.

The global threat posed by weaknesses in poor countries may be quite minor. It is questionable to what extent these standards are applicable to economies such as Niger and Vanuatu where cash and barter are the norm, proper identification is lacking, and people do not even have recorded, fixed addresses.

Even allowing for their relative novelty, the lack of results associated with AML systems in the developing world makes them an expensive distraction from other urgent development needs, and imposes a significant regulatory burden on small, fragile financial sectors. Yet the position could be otherwise; the following chapters spell out the potential for existing AML systems in developing countries to produce major benefits by helping to reduce corruption.

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Equally, they also explain how anticorruption techniques can safeguard the integrity of the AML system broadly defined. On the other hand, the fact that corruption and money laundering are still with us, and perhaps even more widespread than a decade ago, may lead to the depressing verdict that all the conventions, treaties, action plans, and so on are little more than ineffectual window dressing, the plenaries, conferences, and seminars just irrelevant talk shops.

In fact, however, neither extreme, the heights of dizzying optimism or the depths of crushing pessimism, is warranted. While it is hard to match the growth in international initiatives to combat these financial crimes against any definitive yardsticks of progress, this chapter argues that it is vital to appreciate the nature and scope of international cooperation in this arena. The new frameworks, globally and in the Asia-Pacific region, provide new opportunities to deter, detect, and apprehend corrupt officials and money launderers.

These legal and policy innovations are responses to a moving target: as financial deregulation and technological change have advanced, so too have criminals found it easier to use the international financial system to hide and launder their illicit gains. And so while the regulations have become more rigorous, the techniques for financial crime have become more sophisticated. Following on from the historical discussion in the previous chapter about the rise to prominence of corruption and money laundering, this chapter presents a synoptic account of the major international initiatives relevant to tackling the corruption-money laundering nexus, with a particular focus on modes of implementation.

This broad-brush coverage is designed to 32 Corruption and Money Laundering complement the much more selective, in-depth treatment of the best practice in international cooperation in chapter 5. Before hand, the chapter immediately following this one will then lay out the major points of vulnerability under the existing standards. Despite the independent and distinct origins of global campaigns to counter corruption and money laundering recounted already, current initiatives in each field increasingly call for an integrated approach to dealing with both problems.

The key point is that, so far, such an integrated approach remains more of an aspiration than a reality. Yet it is important to summarize the limited progress that has been made in this area, and highlight the potential for much more substantial achievements using arrangements already in place. A common stumbling block for both interested observers and practitioners is the sheer diversity of overlapping, partially complementary anticorruption and anti-money laundering AML treaties, projects, and action plans in train.

One interviewee suggested that the World Bank alone had eleven separate anticorruption programs, which were not in the habit of talking to one another. Even if this particular claim is exaggerated, the often uncoordinated nature of international action means that effort is often wasted on needless duplication, and the left hand may not know what the right is doing. This ignorance is costly: because corruption and money laundering are often so closely linked, responses that proceed in isolation will often be ineffective.

Opportunities for new insights, learning, and cross-fertilization will be lost. Hence the aim of this chapter is to provide an overview and a point of orientation before embarking on more detailed treatments of existing vulnerabilities chapter 3 , the special issue of senior public officials or politically exposed persons chapter 4 , and best international practice chapter 5. As noted earlier, rather than seeking to provide an exhaustive coverage, the chapter is confined to the major initiatives with potential for attacking the corruption-money laundering nexus, once again with an emphasis on the Asia-Pacific region.

Because there has been a much greater degree of convergence on a single set of AML standards relative to those covering corruption, international AML standards can be summarized more concisely. The final section is devoted to reiterating two main conclusions. The first is that there are now a large number of organizations and initiatives that have recognized there is currently a disconnect in efforts to counter money laundering and corruption, and have called for this deficiency to be addressed.

As welcome as this development is, though, recognizing a problem is clearly not the same as fixing it.

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The second goal is to draw conclusions on the varying styles of implementation, the means by which international organizations encourage or pressure their member states to live up to their commitments and meet agreed-upon standards, and the varying successes and limitations of the different strategies adopted. This focus on implementation is a recurring theme in the book. As discussed in the previous chapter, the agreement of rich countries that corruption was an issue requiring a coordinated international response set a crucial precedent for subsequent agreements.

With the signature of South Africa in June , thirty-seven countries have now committed to the Convention. In terms of AML content, Article 7 calls upon signatories who have made the offense of bribing a domestic official a predicate offense for money laundering to do the same for the bribery of foreign officials. In the Asia-Pacific, the fact that so few countries beyond the OECD members have criminalized the bribery of foreign officials creates a major problem for investigating and prosecuting these kinds of cases, as discussed in the next chapter.

But the Convention is limited in important ways.

As the name suggests, the 34 Corruption and Money Laundering Convention does not address domestic corruption. Despite the urgings of the International Chamber of Commerce, neither does it deal with private sector corruption, that is, when a person from one private firm bribes another individual in a different firm.

Furthermore, it excludes embezzlement and passive corruption. The most valuable aspect of the Convention and the Working Group on Bribery in general, however, is not so much the formal provisions as the method of international monitoring and peer review. This method has been successful in its own right, but has also acted as a model for others to follow. While Phase 1 assessed whether members had incorporated the provisions of the Convention into domestic legislation, the current round has sought to ascertain the practical effectiveness of these measures, a vital extra step taken also by the FATF but few other international organizations.

The section of this Phase 2 Review most relevant to money laundering that dealing with Article 7, 85ff , begins by noting that there is an absence of standard data collection techniques among the individual country reports. The resulting lack of comparable data means that it is difficult to draw robust conclusions about common trends.

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It also calls for more information on how parties treat the laundering of the proceeds of bribery by the briber, rather than just the bribe itself page 86, e. Interviewees indicate that even the countries with the most advanced laws and the greatest practical experience have very little idea as to how to recover the proceeds of bribery. The OECD Review concisely states a supposition at the heart of the rationale for this book concerning the close links between corruption and money laundering: [A] better measure in evaluating the effectiveness of the Convention is whether suspicious transaction reporting systems have led to the discovery of foreign bribery and related money laundering cases.

If one assumes that foreign bribery is a prevalent phenomenon, and that the crime frequently involves money laundering of the bribe or International Responses 35 the proceeds of bribery , then one could reasonably expect reporting systems to detect foreign bribery cases regularly.

The Review does not note any corruption convictions stemming from transaction reports. If results have been disappointing among those countries with the most experience and expertise in countering corruption and money laundering, the results are very unlikely to be more heartening outside the Convention signatories, including most countries of the Asia-Pacific. As such it must be assumed that the failure of STRs to lead to bribery investigations let alone convictions to date is a generalized failure, rather than just confined to the OECD members and others that have signed the Convention.

The Review speculates that this low level of corruption-related intelligence may reflect the fact that when FIUs issue typologies, they rarely include foreign bribery examples. Thus, the FIUs themselves and reporting entities may not be adequately aware of the money laundering-corruption link.

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Because very few FIUs issue corruption-related examples in their typologies Belgium and the United States are notable exceptions , reporting entities are much less likely to consider passing on reports of activity that may be suspicious on the grounds of corruption. Many of the individual country reports for the Phase 2 review process give additional statistics on numbers of corruption-related STRs and money laundering investigations with bribery as the predicate offence.

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Rather than reflecting the need for operational security, this omission seems to be a product of political sensitivities, particularly when cases have involved foreign authorities tipping off a government about one of its own officials engaged in corrupt conduct.

Keeping such instances from the public eye, or even from the scrutiny of those involved in the peer review process, may spare governments embarrassment, but it hampers the exchange of experience and best practice.

International organizations in general are involved in a great deal of rule-making and standard-setting activity. Unless these rules and standards are to remain a dead letter, they must be implemented or enforced. But in a world of sovereign states with no world government in sight, holding states to their commitments and generally agreed upon international standards is a tall order. The UN Security Council can impose economic sanctions in responding to threats to peace and security, yet this is rare and often ineffective.

The European Commission and the World Trade Organization can pass binding legal decisions, but anticorruption and AML bodies have no such prerogatives, and even if they did there is still the problem of enforcement.

It is presented as one of the greatest strengths of the OECD Convention, while the lack of such an implementation mechanism is said to be the greatest weakness of the UNCAC, as well as other regional anticorruption agreements such as that of the Organization of American States. The examination is conducted on a non-adversarial basis, and it relies heavily on mutual trust among the States involved in the review, as well as their shared confidence in the process. On the other hand, it is not a means by which to coerce countries or settle disputes between them; unlike the World Bank or the International Monetary Fund, the OECD cannot withhold loans.

Why, then, would peer review have any impact on motivating states to comply with and enforce international agreements where they otherwise would not? Governmental representatives have regard for the opinions of their peers for at least two reasons. The first is that leaders and public officials want their country to be regarded as modern, advanced, and law-abiding, rather than as backward, criminal, or deviant.

As with most others, these individuals like to be liked, that is to say, they gain satisfaction from the esteem of their peers, and conversely seek to avoid public disapprobation or ostracism. Various regional bodies also have sought to emulate this mechanism, for example, the African Union.

India-Pakistan: Coming to Terms (Palgrave Series in Asian Governance) India-Pakistan: Coming to Terms (Palgrave Series in Asian Governance)
India-Pakistan: Coming to Terms (Palgrave Series in Asian Governance) India-Pakistan: Coming to Terms (Palgrave Series in Asian Governance)
India-Pakistan: Coming to Terms (Palgrave Series in Asian Governance) India-Pakistan: Coming to Terms (Palgrave Series in Asian Governance)
India-Pakistan: Coming to Terms (Palgrave Series in Asian Governance) India-Pakistan: Coming to Terms (Palgrave Series in Asian Governance)
India-Pakistan: Coming to Terms (Palgrave Series in Asian Governance) India-Pakistan: Coming to Terms (Palgrave Series in Asian Governance)
India-Pakistan: Coming to Terms (Palgrave Series in Asian Governance) India-Pakistan: Coming to Terms (Palgrave Series in Asian Governance)
India-Pakistan: Coming to Terms (Palgrave Series in Asian Governance) India-Pakistan: Coming to Terms (Palgrave Series in Asian Governance)

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