Cover -- Half-title -- Series-title -- Title -- Copyright -- Dedication -- Contents -- Preface -- Table of treaties and agreements -- Abbreviations -- PART I · NEW INSTRUMENTS IN THE FIGHT AGAINST ACQUISITIVE CRIME: CONFISCATION OF PROCEEDS FROM CRIME AND CRIMINALISATION… -- 1 The background of the fight against money laundering -- Legal background -- Social-economic background: organised crime and drug offences -- Organised crime -- Drug offences -- Expansion of the application field to other offences -- Transformations of the norm-making process -- The infiuence of soft law -- The internationalisation of law enforcement -- 2 The confiscation -- General concepts of confiscation -- Types of confiscation -- Object confiscation v. value confiscation -- Confiscation procedures -- Confiscation of the instrumentalities or the subject of crime -- Confiscation of the proceeds of crime -- The concept of confiscation of proceeds of crime -- Punitive nature of confiscation of the proceeds of crime -- The dangerous attractiveness of confiscation: policing and prosecuting for profit -- Confiscation to fund law enforcement agencies -- Out-of-court settlements -- Human rights limitations to the confiscation sanctions -- Compatibility of in rem procedures with Article 6 of the European Convention on Human Rights -- Reversal of the burden of proof regarding the criminal origin of proceeds -- Protection of bona fide third parties -- Protection against double jeopardy: non bis in idem -- 3 The fight against money laundering: genesis of a new crime -- Money laundering: the phenomenon and the reasons for fighting it -- Concept of money laundering -- Reasons for combating money laundering -- The extent of the money laundering phenomenon -- The internationalisation of the money laundering phenomenon -- The fight against money laundering in the United States of America.

First generation American anti-money laundering measures -- Second generation American anti-money laundering measures -- Third generation American anti-money laundering measures -- The fight against money laundering in Switzerland -- Self-regulation: the Swiss Code of Conduct -- Administrative supervision of the Swiss banks -- The Swiss criminalisation of money laundering -- The twin-track fight against money laundering: the preventive and the repressive approach -- The international treaty obligation to criminalise money laundering: a drastic expansion of criminal liability? -- Actus reus: three types of money laundering activity -- A broad range of predicate offences -- Application of the anti-money laundering legislation to persons who committed the predicate offence -- Mens rea required for a conviction on a money laundering charge -- Broad application field of anti-money laundering legislation versus the legality principle -- PART II · THE PREVENTION OF MONEY LAUNDERING -- 4 The application field of legislation on the prevention of money laundering -- The application field of ratione personae -- Rationales for focusing on financial institutions -- Arguments against an expansion of the application field of preventive legislation to professions and institutions… -- The application field of ratione materiae -- 5 The role of financial institutions in the prevention of money laundering -- Preventive obligations derogating from traditional banking principles -- Customer identification -- Relevance and criteria for customer identification -- Identification of the beneficial owner -- Identification of the beneficial owner in the case of accounts held by financial institutions -- Identification of the beneficial owner in the case of accounts held by legal professionals -- The identification and record-keeping obligations method.

Relevance of record-keeping obligations -- Identification methods and record-keeping -- Obligations to report (suspicious) transactions -- Need for a reporting obligation -- Different models of due diligence and of reporting -- The reporting obligation: the pivotal issues -- Exonerations for financial institutions that report a suspicious transaction -- Exonerations for financial institutions that carry out a suspicious transaction -- Internal control procedures and training programmes for employees -- Financial institutions as policemen? -- 6 The role of financial intelligence units in combating money laundering -- The creation of financial intelligence units -- Secrecy duty of financial intelligence units -- The specialty principle -- Concept of specialty principle -- Comparative overview of the (absence of) restrictions on the use of information supplied by financial institutions -- 7 The role of the supervisory authorities in combating money laundering -- The duty of supervisory authorities to report facts of money laundering -- The administrative sanctioning powers of supervisory authorities in case of non-observance of the legislation to prevent… -- PART III · JURISDICTION OVER MONEY LAUNDERING -- 8 Various types of jurisdictional problem in the fight against money laundering -- 9 Territorial jurisdiction in respect of money laundering offences -- Distinction with jurisdiction in respect of the predicate offence -- Localising money laundering acts -- Ubiquity theory -- Effects doctrine -- Jurisdiction conflicts and non bis in idem -- Double criminality in respect of the predicate offence -- Condition of double criminality of the predicate offence -- Double criminality of the predicate offence in concreto or abstracto -- Proof of criminal origin of proceeds -- 10 Extra-territorial jurisdiction in respect of money laundering offences.

Jurisdiction on the basis of the nationality principle -- Nationality of a corporation -- Does the condition of double criminality require double corporate criminal liability? -- Limited effectiveness of the nationality principle -- Jurisdiction over foreign corporate conduct under financial preventive law -- General context of the globalisation of finance -- Territorial application of the legislation for the prevention of the use of the financial system for the purpose of money … -- Possible extra-territorial application of the legislation for the prevention of the use of the financial system… -- The limited utility of other extra-territorial jurisdiction bases -- PART IV · INTERNATIONAL CO-OPERATION IN COMBATING MONEY LAUNDERING -- 11 The money laundering regime: new objectives of international co-operation in criminal matters -- Objectives of domestic and international criminal justice -- The case for a reform of the international co-operation in criminal matters -- Extension of international co-operation in criminal matters -- Reconsideration of traditional principles of international co-operation in criminal matters -- International co-operation in criminal matters and human rights -- 12 The money laundering regime: new modes of international evidence-gathering -- Exchange of information relating to suspicious financial transactions: judicial, administrative or police assistance? -- Shifting borderlines between mutual administrative assistance, police assistance and judicial international co-operation -- Administrative character of the international exchange of information between FIUs -- International exchange of information between FIUs through the channels of police or judicial assistance: a viable alter... -- Mutual administrative assistance between FIUs: basis, restrictions and ramifications on criminal proceedings.

Requirement and justiciability of an MOU -- Condition of double criminality -- Specialty principle -- Limitations flowing from the administrative nature of mutual assistance: relation to judicial assistance -- Do internal limitations of competences limit the use of information obtained from foreign FIUs? -- Confldentiality requirements -- Unilateral extra-territorial measures -- Different visions of criminal justice and of international co-operation in criminal matters -- Role of prosecutors in various systems -- Relative power position of states -- On the relative importance of treaty-based co-operation in criminal matters -- 13 Some of the conditions, principles and exceptions of mutual judicial assistance in criminal matters revisited -- The condition of double criminality -- The condition of double criminality in international co-operation in criminal matters -- Double criminality in the context of the fight against money laundering -- The condition of double criminality in international co-operation in criminal matters and the legality principle -- The condition of double criminality: an obsolete obstacle to efficient international co-operation -- The case for the abolition of the condition of double criminality -- The fiscal and political offence exception -- The locus regit actum principle -- The rationales and advantages of the locus regit actum principle -- The drawbacks of the locus regit actum principle -- Locus regit actum and the extra-territorial application of secrecy duties -- 14 Lifting banking secrecy in an international context -- Background of the American approach to extra-territorial disclosure orders -- Differing legal attitudes to international co-operation -- Differing visions on banking secrecy -- Extra-territorial disclosure orders -- Legal arguments invoked for making extra-territorial disclosure orders.

Compatibility of extra-territorial disclosure orders with international law.