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Part Ⅰ New instruments in the fight against acquisitive crime: confiscation of proceeds from crime and criminalisation of money laundering3

1 The background of the fight against money laundering3

Legal background3

Social-economic background: organised crime and drug offences6

Expansion of the application field to other offences11

Transformations of the norm-making process14

2 The confiscation29

General concepts of confiscation30

Confiscation of the instrumentalities or the subject of crime43

Confiscation of the proceeds of crime47

The dangerous attractiveness of confiscation: policing and prosecuting for profit56

Human rights limitations to the confiscation sanctions60

3 The fight against money laundering: genesis of a new crime82

Money laundering: the phenomenon and the reasons for fighting it82

The fight against money laundering in the United States of America96

The fight against money laundering in Switzerland100

The twin-track fight against money laundering: the preventive and the repressive approach108

The international treaty obligation to criminalise money laundering: a drastic expansion of criminal liability?113

Part Ⅱ The prevention of money laundering133

4 The application field of legislation on the prevention of money laundering133

The application field of ratione personae133

The application field of ratione materiae140

5 The role of financial institutions in the prevention of money laundering143

Preventive obligations derogating from traditional banking principles143

Customer identification146

The identification and record-keeping obligations method157

Obligations to report (suspicious) transactions159

Internal control procedures and training programmes for employees178

Financial institutions as policemen?179

6 The role of financial intelligence units in combating money laundering183

The creation of financial intelligence units183

Secrecy duty of financial intelligence units190

The specialty principle193

7 The role of the supervisory authorities in combating money laundering200

The duty of supervisory authorities to report facts of money laundering201

The administrative sanctioning powers of supervisory authorities in case of non-observance of the legislation to prevent money laundering202

Part Ⅲ Jurisdiction over money laundering209

8 Various types of jurisdictional problem in the fight against money laundering209

9 Territorial jurisdiction in respect of money laundering offences215

Distinction with jurisdiction in respect of the predicate offence215

Localising money laundering acts217

Double criminality in respect of the predicate offence226

10 Extra-territorial jurisdiction in respect of money laundering offences232

Jurisdiction on the basis of the nationality principle232

Jurisdiction over foreign corporate conduct under financial preventive law238

Part Ⅳ International co-operation in combating money laundering251

11 The money laundering regime: new objectives of international co-operation in criminal matters251

Objectives of domestic and international criminal justice251

The case for a reform of the international co-operation in criminal matters252

12 The money laundering regime: new modes of international evidence-gathering258

Exchange of information relating to suspicious financial transactions: judicial, administrative or police assistance?258

Mutual administrative assistance between Fills: basis, restrictions and ramijications on criminal proceedings269

Unilateral extra-territorial measures278

On the relative importance of treaty-based co-operation in criminal matters283

13 Some of the conditions, principles and exceptions of mutual judicial assistance in criminal matters revisited287

The condition of double criminality287

The fiscal and political offence exception299

The locus regit actum principle301

14 Lifting banking secrecy in an international context311

Background of the American approach to extra-territorial disclosure orders312

Extra-territorial disclosure orders318

International co-operation in lifting foreign banking secrecy329

15 Provisional measures for preserving alleged proceeds of crime in an international context352

Domestic provisional measures with an extra-territorial reach353

The treaty mechanisms for taking provisional measures370

16 International enforcement of confiscation orders381

Unilateral confiscation measures381

International co-operation mechanisms for the enforcement of confiscations385

International asset sharing416

Epilogue420

Bibliography432

Index458