REGIONAL ANTI-MONEY LAUNDERING COOPERATION IN THE AFRICAN UNION

The major purpose of the paper is to discuss the problems relating to, and review the basic principles of, mechanism of anti-money laundering cooperation in the African Union. The latter is considered through the prism of efficiency in terms of institutional interaction among member states, and of the extent to which the potential of such interaction is fulfilled. Such approach, in turn, calls for: identification of forms in which the states in the region of concern cooperate on the subject-matter; assessment of the extent to which such forms are efficient and are comparable with those of the Council of Europe and the United Nations, and; definition of the perspectives for African Union’s anti-moneylaundering cooperation mechanism improvement. The paper includes the results of comparative analysis of various international conventions and local acts and regulations, and considers the compliance of regional “soft law” and institutional cooperation framework with the accepted anti-money-laundering standards, where it particularly discusses the characteristics of African Peer-Review Mechanism and the Centre for the Study and Research on Terrorism as essential elements for African Union member states’ cooperation. The author emphasizes several discrepancies, and concludes that, despite the existence of sufficiently developed regulatory framework in the region, its commitment to antimoney-laundering, and creation of the applicable monitoring mechanism, the African Union fails so far to achieve high efficiency implementing the proposed measures.

1. Adejumobi S., Olukoshi A. (eds.) The African Union and New Strategies for Development in Africa. Amherst, New York, Cambria Press, 2008. 483 p.

2. Chabal P. The Quest for Good Government and Development in Africa: is NEPAD the Answer? International Affairs. 2002, vol. 78 (3), pp. 447-462.

3. Desta T.A., Cocayne J. (eds.) Baseline Study on Anti-Money Laundering and Countering the Financing of Terrorism in the IGAD Subregion. New York and Addis Ababa, Center for Global Counterterrorism Cooperation, 2012. 73 p.

4. du Plessis A. A snapshot of international criminal justice cooperation against terrorism since 9/11. In van den Herik L., Schrijver N. Counter-Terrorism Strategies in a Fragmented International Legal Order. Cambridge, Cambridge University Press, 2013. pp. 29-67.

5. Edozie R.K. Promoting African ‘Owned and Operated’ Development: a Reflection on the New Partnership for African Development (NEPAD). African and Asian Studies. 2004, vol. 3 (2). pp. 141-169.

6. Ewi M. The Role of Regional Organizations in Promoting Cooperation on Counter-Terrorism Matters: the European and the African Institutions in a Comparative Perspective. In van den Herik L., Schrijver N. Counter-Terrorism Strategies in a Fragmented International Legal Order. Cambridge, Cambridge University Press, 2013. pp. 128-180.

7. Ford J. African Counter-Terrorism Legal Frameworks: a decade after 2001. South Africa, Pretoria, Institute for Security Studies, 2011. 177 p.

8. Fox T. War Without End? Terrorism, Policy and Conflict Management in Africa. In Mawere M., Marongwe N. Violence, Politics and Conflict Management in Africa. Cameroon, Mankon, Langaa Research & Publishing CIG, 2016. pp. 53-88.

9. Gambarov H. Features of Norms of Soft Law in the Area of International Cooperation on Countering Financial Criminality. ComparativeAnalytic Law. 2015, no. 5. pp. 325-329. (in Russian).

10. Gambarov H. International and legal basis of counteracting financial crimes in the context of realization (on the example of FATF). Law. 2015, no. 3, pp. 159-170. (in Russian).

11. Gambarov H. The Origin of International Legal Cooperation in the Fight Against Crime in the Financial Sphere. Scientific Bulletin of National University of State Tax Service of Ukraine. 2013, no. 4(63), pp. 228-234. (in Russian).

12. Hope K.R. Toward Good Governance and Sustainable Development: The African Peer Review Mechanism. An International Journal of Policy, Administration, and Institutions. 2005, vol. 18, no. 2, pp. 283-311.

13. Juma M.K. Africa’s Governance Audit: the African Peer Review Mechanism. New Economy. 2004, pp. 178-180.

14. Kajee A. NEPAD’s APRM: a Progress Report, Practical Limitations and Challenges. SA Yearbook of International Affairs 2003/2004. South Africa, Johannesburg, SAIIA, 2004. pp. 243-258.

15. Makinda S., Wafula Okumu F., Micker D. The African Union: Addressing the Challenges of Peace, Security and Governance. London, New York, Routledge, 2016. 236 p.

16. Melber H. African Development: the New Partnership for Africa’s Development (NEPAD) – Old Wine in New Bottles? Forum for Development Studies. 2002, vol. 29. pp. 186-209.

17. Udombana N. Fighting Corruption Seriously? Africa’s Anti-Corruption Convention. Singapore Journal of International and Comparative Law. 2003, no. 7. pp. 447-488.