Customer due diligence (CDD) mandate and the propensity of its application as a global AML paradigm

2014 ◽  
Vol 17 (1) ◽  
pp. 76-95 ◽  
Author(s):  
Norman Mugarura
Keyword(s):  
Money Laundering ◽  
Web Sites ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Content Type ◽  
Regulatory Domains ◽  
The Usa ◽  
Secondary Data Sources ◽  
The Uk

Purpose – It has become customary for states or regulatory domains to come together and evolve normative regimes to deal with overlapping exigencies such as money laundering. Over the past two decades, there has been a proliferation of global AML laws designed to foster international cooperation against money laundering and its predicate crimes. In this same vein, some states have adopted domestic AML laws designed with an ethos of extra-territorial dimension as a caution against the threats posed by money laundering crimes. The paper aims to critically examine CDD to tease out the possibility of harnessing it as a global AML paradigm. Design/methodology/approach – The paper was written by critically examining primary and secondary data sources. In terms of primary data, the author has studied the relevant provision of different AML legislation such as BSA (1970), MLCA (1986), and PATRIOT (2001) Act in the USA; and FSMA (2000) and POCA (2002) in the UK. The author then evaluated these data in the context of the challenges of harnessing CDD across countries. In terms of secondary data sources, the author utilised data in academic text books, journal papers, electronic sources (web sites of AML agencies), and policy and research papers from specialist institutions such as FATF. Findings – The findings corroborate the thesis that much as CDD is an important AML measure, it needs to be streamlined and implemented with care to apply across the board. Research limitations/implications – The paper was written largely by way of library-based research. The author did not carry out interviews to corroborate some of the secondary data sources used in writing it. Carrying out interviews would have helped to minimise the potential for bias secondary data sources used was generated. Practical implications – It is anticipated that this paper can be utilised to foster desired strategic and policy changes at a multiple institutional levels. Originality/value – The paper is one of its kind to be written in its context. It will therefore make a viable contribution to the study of money counter-measures and how they are harnessed globally. It is therefore a must read!

Implications of online funding regulations for small businesses

2014 ◽  
Vol 22 (4) ◽  
pp. 349-364 ◽  
Author(s):  
Peter Yeoh
Keyword(s):  
Small Businesses ◽  
Global Financial Crisis ◽  
Secondary Data ◽  
Added Value ◽  
Primary Data ◽  
Content Type ◽  
Investment Opportunities ◽  
The Usa ◽  
Small Investors ◽  
The Uk

Purpose – This paper aims to examine the implications of exemptions to facilitate small businesses’ access to crowdfunding (CF) schemes. The aftermath of the 2008 global financial crisis and even now witnessed many small profits and non-profits encountering significant difficulties in accessing funding from the conventional sources and on many occasions have to turn to the newly emerging Internet-enabled donation or product compensation CF schemes. Access to securities-based CF schemes has, however, been seriously difficult due to securities laws obstacles. Regulatory authorities in the USA and the UK have responded with exemptions to facilitate small businesses’ access to CF. Design/methodology/approach – The paper driven by the qualitative doctrinal approach would rely extensively on primary data from the applicable regulations and secondary data from industry sources and other publicly available commentaries. Findings – Securities-based CF schemes hitherto heavily restricted in the USA and the UK are under current regulatory interventions-accorded exemption status, thereby enabling enhanced access for those small businesses seeking alternatives to conventional financing and enhanced investment opportunities for small investors. The paper’s preliminary analysis suggests that the proposed new regulatory rules in the USA and the UK are generally well-balanced with adequate small investors’ protection, while simultaneously not hampering the innovative growth of small businesses with excessive restrictions. Further, the preparedness of the regulators to fine-tune the proposed rules as the CF industry evolves would likely ensure its orderly growth, thereby helping to address various humanitarian and social challenges in these jurisdictions. Originality/value – The added value of the analysis lies in its substantive evaluation of the proposed rules in both jurisdictions to ascertain the feasibility of securities-based CF schemes as alternatives for small businesses in relation to traditional financing and enhanced investment opportunities for small unsophisticated investors.

scholarly journals Legal challenges for the cannabis industry

2020 ◽  
Vol 23 (2) ◽  
pp. 327-340
Author(s):  
Peter Yeoh
Keyword(s):  
Secondary Data ◽  
Primary Data ◽  
International Treaties ◽  
Federal Law ◽  
Content Type ◽  
The Status ◽  
Health Related ◽  
The Usa ◽  
The Uk ◽  
Recreational Use

Purpose The purpose of this paper to examine laws and regulations applicable to cannabis in the USA and the UK, including legal reforms and international treaty obligations. Design/methodology/approach This study relies on primary data from statutes and secondary data from online and offline resources, including relevant case studies. Findings Federal laws in the USA and existing UK cannabis legal regime generally prohibit recreational use of cannabis. Increasingly, various individual states in the USA have enabled the use of cannabis health-related uses, thereby challenging the status of the UN treaties on drug enforcement. As the USA struggles to reconcile the conflicts between federal law on cannabis and individual states within its borders, much of the rest of the world, including the UK, are struggling with how best to reconcile their domestic positions with their UN treaty obligations. Social implications Recent disclosures of past recreational use of prohibited drugs by several candidates vying to be the UK Prime Minister suggests why understanding the laws governing the use of cannabis is useful and relevant to the general public. Originality/value This paper provides a general but integrated review of national laws in the USA and the UK, as well as international treaties governing the use of cannabis.

“Are the new proposals for reform of directors’ disqualification requirements in the UK sufficient or cosmetic?”

2016 ◽  
Vol 58 (4) ◽  
pp. 372-390
Author(s):  
Norman Mugarura
Keyword(s):  
Corporate Governance ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Due Diligence ◽  
Structured Interviews ◽  
Content Type ◽  
Regulatory Regimes ◽  
The Law ◽  
The Uk

Purpose The paper aims to examine the circumstances in which directors who fail to perform their duties and responsibilities with due diligence can be sanctioned and to evaluate whether the recent changes for reform both in the UK and European Union (EU) are adequate to deter directors from misfeasance or to cure defects in the law. The purpose of this paper is to articulate regulatory regimes for disqualification of corporate directors and the proposed changes to tighten loose ends in this area of commercial law. This paper articulates the duties and responsibilities of Corporate Officer and the varied context in which they are manifested in the UK. Owing to the onerous nature of corporate directorship, directors cannot passively sit in boardrooms or on their committees, but they need to demonstrate that they are hands on to get things done as expected. The first part of the paper articulates the current regimes on director’s disqualification so that it is used as a basis to examine the efficacy of the proposed changes for reform both on this area in the UK and Europe. The second part of the paper examines the proposed reform for change both in UK and in Europe and their efficacy to plug in law and practice. This area of corporate law is increasingly regulated by a number of agencies to ensure that directors perform their duties and responsibilities with due diligence. Design/methodology/approach The paper is structured in two parts whereby the first part examines the framework for disqualification of corporate directors and related issues in the UK. The second part articulates recent changes in the law on director’s disqualification with a view to evaluate whether these changes are robust enough to enhance the position of shareholders to ensure the company is well-managed for their interests or whether overregulation is inimical to the company by hindering directors from executing their corporate responsibilities with a measure of discretion. Findings The findings reflect that regulatory reforms should be evolved and implemented to strike a balance in ensuring that regulatory regimes are implemented not to penalise corporate directors unnecessarily but also to ensure that rules are respected. The paper urges caution because overregulation can inhibit corporate director from taking necessary risks (to be more guarded) to secure their positions. Research limitations/implications The paper was written on the basis of secondary and primary data sources often also alluding to empirical cases studies. It would have been better to carry out structured interviews to corroborate some of the findings of the paper. Practical implications Corporate governance is an onerous task, and thus, it requires corporate officers to exercise due diligence in execution of their duties and responsibilities. Getting the issue of corporate governance wrong often has ramifications for the company and respective corporate officers. These ramifications include not least penalising individual directors by disqualification from holding corporate directorship or the company being wound up altogether. Social implications Corporation plays an important role in the society such as creating employment opportunities, markets for goods and services, generating revenues to governments and the list goes on. Therefore, the way they are managed has important implications for societies and governments. Originality/value Even though the paper was written on the basis of primary and secondary data sources, it was done in a distinctive manner to foster the objective for writing it.

Kepemimpinan Demokratis Kepala Sekolah dalam Meningkatkan Prestasi di Madrasah Aliyah Negeri Model Palangka Raya

2016 ◽  
Vol 2 (2) ◽  
pp. 6-9
Author(s):  
Shanty Bahar Ising ◽  
Mujiono Mujiono
Keyword(s):  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Democratic Leadership ◽  
Model State ◽  
Teachers And Students ◽  
Secondary Data Sources ◽  
Conceptual Skills ◽  
To Receive ◽  
Teacher Trainer

This study aims to find out, describe and analyze the democratic leadership of the Principal in improving achievement at the Palangka Raya Model State Madrasah (MAN). The research method used is descriptive qualitative. The researcher wanted to describe the Principal's democratic leadership in improving achievement at the Palangka Raya Model State Islamic Senior High School (MAN). Primary data sources (person) are the Principal, Teachers (Teachers) and Students of MAN Model Palangka Raya. Whereas secondary data sources are the data in the Palangka Raya Model MAN and supporting literature. The results of the study show that the Principal's leadership in improving achievement in the Palangka Raya Model MAN is very democratic, this condition can be seen from: (1) Principals are happy to receive suggestions, opinions and even criticism from subordinates both delivered by students and teachers through suggestion boxes and in the teacher council meeting, (2) the Principal always strives to prioritize teamwork cooperation in an effort to achieve the goal by appointing the instructor teacher, trainer teacher and mentor teacher and conducting deliberation in planning, implementing and evaluating activities, (3) the Principal always tries to make subordinates more success than him, which is realized by including teachers in seminars, workshops, training and competitions so that they get achievements both locally and nationally, and (4) Principals always try to develop their personal capacity as good leaders in conceptual skills, human skill and technical skill.

Toward a theory on workplaces for smart workers

Facilities ◽  
2019 ◽  
Vol 38 (3/4) ◽  
pp. 298-315
Author(s):  
Luisa Errichiello ◽  
Tommasina Pianese
Keyword(s):  
Web Sites ◽  
Participant Observation ◽  
Secondary Data ◽  
Primary Data ◽  
Innovative Design ◽  
Content Type ◽  
New Type ◽  
Smart Working ◽  
Research Propositions

Purpose The purpose of this paper is to identify the main features of smart work centers (SWCs) and show how these innovative offices would support the implementation of smart working and related changes in workspaces (“bricks”), technologies (“bytes”) and organizational practices (“behaviors”). Design/methodology/approach In this study, scientific literature is combined with white papers and business reports and visits to 14 workplaces, including offices designed as SWCs, co-working spaces, one telecenter, one accelerator and one fab lab. Primary data were collected through interviews with managers and users and non-participant observation, whereas secondary data included web-sites, brochures, presentations, press releases and official documents. Findings The authors developed research propositions about how the design of spaces and the availability of technology within SWCs would support the “bricks” and “bytes” levers of smart working. More importantly, the authors assumed that this new type of workplace would sustain changes in employees’ behaviors and managers’ practices, thus helping to overcome several challenges traditionally associated with remote working. Research limitations/implications The exploratory nature of the research only provides preliminary information about the role of SWCs within smart working programs. Additional qualitative and quantitative empirical investigation is required. Practical implications This study provides valuable knowledge about how the design of corporate offices can be leveraged to sustain the implementation of smart working. Originality/value This study advances knowledge on workplaces by focusing on an innovative design of traditional offices (SWC). It also lays the foundations for future investigation aimed at testing the developed propositions.

Impacts of electronic monitoring on the community life: blessing or disguise?

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Katarína Vitálišová ◽  
Kamila Borseková ◽  
Anna Vanˇová ◽  
Samuel Koróny
Keyword(s):  
Local Community ◽  
Electronic Monitoring ◽  
Slovak Republic ◽  
Secondary Data ◽  
Primary Data ◽  
Original Research ◽  
Community Life ◽  
Content Type ◽  
Depth Analysis ◽  
The Usa

Purpose The purpose of this paper is to identify and evaluate critically the impacts associated with the implementation of electronic monitoring (EM) of accused and convicted persons on society based on the foreign experience and compare these findings with the original research results on EM in the Slovak Republic. Design/methodology/approach This paper elaborates the secondary data of previous researches in Scotland, Sweden and Florida in the USA. Secondary research is based on in-depth analysis of articles, reports and studies searched via database of Google, Scopus and Science Direct. Based on the studies processed by a causal and qualitative analysis, the authors identify the benefits and risks of EM influencing community life in Europe and the USA. The additional sources of secondary data are the Statistical Yearbook of Ministry of Justice of Slovak Republic, the content of the original law (including relevant amendments) that introduced EM into the Slovak criminal justice system and data on the application of EM in Slovakia provided by the Ministry of Justice. Subsequently, this paper presents the original research findings about the EM implementation in the Slovak Republic. The primary data were conducted via interviews with the representatives of Ministry of Justice, and through the national survey of opinions of judges, probation and mediation officers. The authors used the descriptive statistics and the statistical deduction methods. Findings The key finding of the paper is that there is a very narrow border between EM as blessing and disguise for community involved. Setting proper measures to protect the community, targeted communication and support with attendance of professionals (e.g. mediator and psychologist) for community members might help to avoid possible risks and support the benefits related with EM implementation, namely, social and economic inclusion of offenders, maintaining family and community tights, reducing recidivism or protection of sensitive sites. Practical implications To support the acceptation of EM by local community, the authors recommend to perceive sensitively community involvement and consider potential risks related with EM implementation; to suggest the proper measures to protect the community; and to develop better or targeted communication oriented towards increasing awareness or establishment supporting groups with attendance of professionals (e.g. mediator and psychologist) that might help to avoid possible risks and support the benefits related with EM implementation. Originality/value This paper compares experience with EM based on the secondary data of previous researches in Scotland, Sweden and Florida in the USA. Subsequently, it presents the unique data about the implementation of EM in the Slovak Republic. The topic of EM is still vastly underrated in the literature, and there is a lack of empirical data, so this paper as a combination of case studies and original research could be very helpful in the efficient implementation of EM and setting the proper measures.

scholarly journals PERAN GURU BERLATARBELAKANG PENDIDIKAN BERBEDA DALAM PERKEMBANGAN MOTIVASI BELAJAR SISWA

2021 ◽  
Vol 22 (2) ◽  
pp. 168-190
Author(s):  
Zuhri Fahruddin
Keyword(s):  
Secondary Data ◽  
Sampling Technique ◽  
Educational Background ◽  
Learning Motivation ◽  
Data Sources ◽  
Primary Data ◽  
High Quality ◽  
Secondary Data Sources ◽  
Depth Interviews

Abstract: The learning carried out by the teacher in the classroom must develop the quality of learning, one of which is learning motivation, students who are not passionate about learning are not optimal and of high quality, from this goal the reality is still far from expectations, many students are not aware of the importance of studying seriously, there is no passion study, there is no fun in the study room. The sampling technique used is Census Sample (Sample Saturated), while criterion-based selection is used when conducting qualitative research, 30 students as primary data sources, two teachers as secondary data sources. Data collection techniques using in-depth interviews, observation, documentation and questionnaires, while data analysis by reducing data, presenting data, drawing conclusions and verification by means of research stages I and II students and teachers with a Da'wah educational background, stage III and IV student informants and teachers with PAI educational background.

scholarly journals Partisipasi Masyarakat Terhadap Upaya Pengentasan Kemiskinan Berbasis Pemberdayaan Perempuan Melalui Program P3EL Kabupaten Sidoarjo

2016 ◽  
Vol 3 (1) ◽  
pp. 83
Author(s):  
Effy Wardati Maryam ◽  
Ririn Dewanti Dian Samudera Indriani
Keyword(s):  
Poverty Alleviation ◽  
Poverty Reduction ◽  
Secondary Data ◽  
Technical Skills ◽  
Health Condition ◽  
Data Sources ◽  
Primary Data ◽  
Poor Women ◽  
Secondary Data Sources ◽  
Pregnant Mothers

Women are the group most severely affected by poverty, especially in case of food insecurity. As a result of these conditions, pregnant mothers could malnutrition that can potentially give birth in poor mental or health condition. Poverty reduction is not merely the issue of capital and technical skills, but also how to evoke the feeling of being able to overcome problems of their lives in a dignified manner. Empowerment of poor women do in order to find the effort that poor women can actively participate in any activities for poverty alleviation. This study aims to assess community participation, particularly of women to poverty alleviation efforts based on empowerment. This research was descriptive-exploratory using primary data sources from interviews and secondary data sources of written documents on the implementation of the Programme P3EL in Sidoarjo. Subjects were members P3EL program in 2012 and the BPMPKB (particularly the PUE) as the implementing program. The results showed that the model of participation of members to poverty alleviation efforts based on the empowerment of women through P3EL program were in the form of energy, thoughts, and cooperation. While the participation factors underlying were egoism motivation and collectivism. 

The IMF, its mandate and influence in prevention of financial sector abuse

2016 ◽  
Vol 23 (4) ◽  
pp. 987-1011
Author(s):  
Norman Mugarura
Keyword(s):  
World Bank ◽  
Secondary Data ◽  
Financial Sector ◽  
Data Sources ◽  
Content Type ◽  
The World Bank ◽  
The World ◽  
Secondary Data Sources ◽  
Work Done ◽  
The Imf

Purpose The purpose of this paper is to articulate the mandate of the International Monetary Fund (IMF) not least in promoting a sound legal regulatory environment for markets to operate globally and its inherent challenges. While acknowledging the plausible work done by the IMF in supporting countries to achieve their macro-economic stability, the paper articulates some of its shortcomings as a global institution. It is evident that the post-war climate in which the World Bank and IMF were created has drastically changed – which presupposes that these institutions now need to reposition themselves to reflect on contemporary global challenges accordingly. The author has argued in the past that a robust regulatory system should be devised taking into account the dynamic challenges in the market environment but also to prevent them from happening again. Design/methodology/approach The paper has utilized empirical evidence to evaluate the mandate of the IMF in addressing its dynamic challenges such as the global financial and debt crises in Europe and the USA and prevention of financial sector abuse globally. The IMF is one of the Bretton Woods Institutions charged with the oversight responsibility to enforce policies and enable countries to manage their macro-economic challenges efficiently. Findings The findings demonstrate that the IMF is as relevant and important as it was when it was created in 1945. However, there is a need for intrinsic and structural changes within this institution to continue discharging its mandate in a changed global regulatory landscape. The IMF is still crucial in fostering a fundamental stabilization function to fragile global economies in areas of financial and technical assistance, and developing requisite legal and supervisory infrastructure within fledging member countries. Research limitations/implications The paper was written by analysis of both theoretical and empirical data largely based on secondary data sources. It would have been better to first present the findings in an international conference to solicit wide views and internalize them accordingly. Practical implications While acknowledging the plausible work done by the IMF and its counterpart the World Bank in facilitating global financial markets regulation and prevention of financial sector abuse, as oversight institutions, they need to constantly review their mandate to respond robustly to their dynamic challenges such as the global and debt crises and financial sector abuse. Oversight institutions need to constantly review and adapt their mandate accordingly, if they are to discharge their varied responsibilities efficiently. They cannot stand still in the face of challenges because they will be superseded and kept at a back foot. Social implications Markets and states are embedded in each other, and the way they are regulated is of a significant importance to varied stakeholders and people. Originality/value This paper is one of its kind, is unique in its character and evaluates embedded issues using empirical evidence in a way not done in its context before. Secondary data sources have been evaluated to achieve a thoughtful analysis of the objectives of the paper.

A systematic review of Lean in healthcare: a global prospective

2019 ◽  
Vol 36 (8) ◽  
pp. 1370-1391 ◽  
Author(s):  
Jiju Antony ◽  
Vijaya Sunder M. ◽  
Raja Sreedharan ◽  
Ayon Chakraborty ◽  
Angappa Gunasekaran
Keyword(s):  
Systematic Review ◽  
Manufacturing Sector ◽  
Secondary Data ◽  
Healthcare Sector ◽  
Future Research ◽  
Motivating Factors ◽  
Healthcare Organizations ◽  
Content Type ◽  
The Usa ◽  
The Uk

Purpose Fostered by a rapid spread beyond the manufacturing sector, Lean philosophy for continuous improvement has been widely used in service organizations, primarily in the healthcare sector. However, there is a limited research on the motivating factors, challenges and benefits of implementing Lean in healthcare. Taking this as a valuable opportunity, the purpose of this paper is to present the key motivating factors, limitations or challenges of Lean deployment, benefits of Lean in healthcare and key gaps in the literature as an agenda for future research. Design/methodology/approach The authors used the secondary data from the literature (peer-reviewed journal articles) published between 2000 and 2016 to understand the state of the art. The systematic review identified 101 articles across 88 journals recognized by the Association of Business Schools ranking guide 2015. Findings The systematic review helped the authors to identify the evolution, current trends, research gaps and an agenda for future research for Lean in healthcare. A bouquet of motivating factors, challenges/limitations and benefits of Lean in healthcare are presented. Practical implications The implications of this work include directions for managers and healthcare professionals in healthcare organizations to embark on a focused Lean journey aligned with the strategic objectives. This work could serve as a valuable resource to both practitioners and researchers for learning, investigating and rightly adapting the Lean in the healthcare sector. Originality/value This study is perhaps one of the comprehensive systematic literature reviews covering an important agenda of Lean in Healthcare. All the text, figures and tables featured here are original work carried by five authors in collaboration (from three countries, namely, India, the USA and the UK).

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