"No safe haven": denying entry to the corrupt as a new anti-corruption policy. Issue 4 (5th October 2015)

• Record Type: Journal Article
• Authors: Moiseienko, Anton
• Is Part Of: Journal of money laundering control. Volume 18:Issue 4(2015)
• Page Start: 400
• Page End: 410
• Publication Date: 2015-10-05
• Subjects: Money laundering -- Periodicals; Money laundering investigation -- Periodicals; 364.168
• DOI: 10.1108/JMLC-01-2014-0004
• Languages: English
• ISSNs: 1368-5201

Abstract

<abstract> <title> <x content-type="archive" xml:space="preserve">Abstract</x> </title> <sec> <title content-type="abstract-heading">Purpose</title> <p> – This paper aims to provide an overview of the "no safe haven" anti-corruption commitment recently announced by the G20. The essence of this approach lies in denying entry to individuals reasonably believed to be complicit in massive corruption. </p> </sec> <sec> <title content-type="abstract-heading">Design/methodology/approach</title> <p> – The paper is based on the analysis of international legal instruments and relevant domestic legislation (US statutes, in particular the Magnitsky Act 2012), as well as on scholarly discussions. </p> </sec> <sec> <title content-type="abstract-heading">Findings</title> <p> – Proceeding from the analysis of deficiencies in the current anti-money laundering regime, this paper makes an argument in favour of adoption of the "no safe haven" policy as a legal standard in anti-corruption cooperation, rather than a voluntary initiative. </p> </sec> <sec> <title content-type="abstract-heading">Practical implications</title> <p> – The adoption by states of the approach advocated in this paper will strengthen, or so it is submitted, the international anti-corruption regime. Importantly, it will help curb impunity of those who are shielded from investigation and prosecution in their home countries. </p> </sec> <sec> <title content-type="abstract-heading">Originality/value</title> <p> – This paper considers basic legal and policy arguments that support the "no safe haven" anti-corruption policy. Due to the novelty of this approach and the dearth of academic literature on this topic, this may be a valuable contribution to the current anti-corruption discussions.</p> </sec> </abstract>