Iran’s Concerns over Interaction with Financial Action Task Force

Document Type : مقالات

Authors

• Mahmoud Reza Farsiani ¹
• hilda rezaeei ²
• ahad bagherzadeh ³
• mostafa noorollahi ⁴

¹ Ph.D. Candidate of Public International Law, Department of Law, South Tehran Branch, Islamic Azad University, Tehran, Iran

² Assistant Professor, Islamic Azad University, Tehran, Iran Corresponding Author

³ Assistant Professor, Islamic Azad University, Tehran, Iran

⁴ Assistant Professor, Khatam University, Tehran, Iran

https://doi.org/10.22067/irlip.2021.39867

Abstract

The relationship and interaction between Islamic Republic of Iran and Financial Action Task Force has had its ups and downs over more than a decade. Although it seems that the relationship between Iran and FATF is in its most complicated phase today, there are still hopes that some mutually-beneficial solutions can be reached for settlement of the disagreements based on international law. The present paper has tried to use different sources in order to demonstrate that on the one hand, there has been overstatements and exaggeration about risks involved in Iran’s compliance with FATF recommendations and Action Plan– such as risks in FIU information leakage, uncertainty about the next steps in the group’s  Action Plans or pessimism about FATF decision making method (consensus);  and on the other hand, solutions are available for more complicated  issues - such as Iran’s entering into Palermo and  CFT conventions -  based on international law and Islamic jurisprudence.

Keywords

• Financial transparency
• Money laundering
• Financial task force
• Recommendations
• Terrorism

References

 

Abasi, A. (2014). Economic criminal law- combating money laundering in international law documents and Iran legal system, Tehran, Mizan Publisher

Aali Pour, H. (2016). The significance of interaction with FATF in ost-JCPA, Strategic Studies Journal, Year 19, Vol. 1

Afshar, A. (2016). Human society and the phenomenon of organized crime, Tehran, Safir Ardahal publisher

Baghezadeh, A. (2016). A comparative approach to money laundering, Tehran, Mizan publisher. (in Persian)

Brewer, J. (2018). The financing of WMD: conducting risk assessments, energy, economy & security

Chaloungar, E. (2018). Comparative study of money laundering crime in Iran and United Arab Emirates, Tehran, Farhikhtegan Daneshgah publishers

Chavoshi, M. S., & Keramati Moez, H. (2018). Challenges and obstacles in combating against financing of terrorism, Political Sciences Quarterly, Vol.42 (in Persian)

The Arab Convention for the Suppression of Terrorism (1984)

The United Nations Convention against Corruption (2003)

United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988)

United Nations Convention against Transnational Organized Crime and the Protocols Thereto (2000)

International Convention for the Suppression of the Financing of Terrorism (1999)

Vienna Convention on the Law of Treaties (1969)

Farahmandfar, H. (2009). Requirements of Iranian law makers after joining United Nations Convention Against Corruption, Karagah Quarterly, Season 2. Summer 2009

FATF Guidance on Capacity Building for Mutual Evaluations and Implication of the FATF Standards Within Low-Capacity Countries.

FATF Mehodology for Assesssing Technical Compliance with the Recommendations and the Effectiveness of AML/CFT Systems

FATF Public Statements since February 2008 to November 2019: October 2010. Financial secrecy Index 2018.

The FATF Recommendations: International Standards on Combating Money Laundering and the Financing of Terrorism and Proliferation

The FATF Special Recommendations

The FATF Recommendations Revised by Working Group on Evaluations and Implementation

Fouladi, M. (2018). Study of the consequences of Iran’s joining the FATF, New Achievments in Human Sciences Journal, Vol 3

Hemati, M.B, (2012). Predictive measures and punishment in the law against money laundering, Tehran, Khordsndi press

Hojabrolsadati, H.; Hoseini Hashem Zadeh, D., & Yari, J. & Fazeli, M. (2015) Theoretical perspectives of corruption, Tehran. Agah publisheers

Iran Diplomacy. (2020). All defenders and opponents of FATF in the Expediency Council. URL: http://irdiplomacy.ir/fa/news/

IRI Law on Combating Terorism Amendment, 2018

IRI Law on Anty Money Launderingl Amendment 2018

Jafari, A & Ghasemi, A. (2014). Some of the security consequences of Iran’s joining to disarmament and arms control treaties, (NPT Case Study) IAU Shahreza Political and International Quarterly. Vol 19.

Joint Comprehensive Plan of Action Vienna, (14 July 2015).

Javanmard, B. (2017). Transnational organized crimes, Tehran, Javedaneh publishers.

McCusker, R. (2005). Underground banking: legitimate remittance network or money laundering ystem.

Naderi, A. (2018). Self-Imposed embargo: a survey of the concept, aspects and destructive consequences of joining the FATF, Qom, Shahid Kszemi press.

Detailed Report of the negotiations of the Islamic Republic of Iran Parliament, Session Number 248, downloaded from IRI Official Newspaper.

Detailed Report of the Negotiations of the Islamic Republic of Iran Parliament, Session Number 243, downloaded from IRI Official Newspaper.

Mekpor, S. (2017). The Determinants of anti-money laundering compliance among financial action task force (FATF) member states, MPHIL finance degree, university of Ghana.

Mousavi, A. (2016). Resistance economy, Tehran, Zamzam publishers.

Nazari Moghadam, M. & Vatankhah, H. (2016). Confronting corruption in Iran legal system and Merida convention, Police International Studies Journal, Vol. 28.

Nazari Nejad, M. & Eshfandiari Far, Kh. (2016). A Comparative study of the United Nations Convention Against Corruption and Iran’s law for promoting the financial hygiene and fighting against corruption, Criminal Law Journal, Vol. 7.

Oliveira, Inês. S. (2014). Anti-money laundering: the conditions for global governance and harmonization, PhD, Faculty of Arts, University of Edinburgh.

Pakjou, A. & Aghamohamadi, M. (2011). Learning about the principles of reclaiming assets gained through corruption, Tehran, Mizan publishers

Pahlavan, M. J.; Keshavarzi, M., & Sahmdini, R. (2017). Study of money laundering in penal law and international documents, Tehran: Ferdowsi press.

Salimi, S. (2012). Transnational organized crimes, Tehran, Jangal publisher. (in Persian)

Samavati Pirouz, A., & Najafi. S. (2018). FATF recommendations and their position in international combat against financial crimes, The Comparative Studies of Iran and International Law Journal, Vol 41.

SHIN, J. (2016). The Greatest Asset of the FATF is the expertise and integrity of its members, Journal of FATF Associate Members and Observers Transparency International Report. (2016-2020) Retrieved from Website: https://www.transparency.org/cpi2011

 Simmons, B. (2000). Money and the law: why comply with the public international law of money? Yale Journal of International Law Volume 25 Issue 2, p.323-359.