International Journal on Criminology Volume 6, Number 2, Winter 2018/Spring 2019 | Page 51

International Journal on Criminology
mendations, considered to be the cornerstone of a functional AML/CFT system. 2
National systems have proved to be particularly weak when it comes to terrorist
financing issues, with ratings ranging from non-compliant to partially compliant
with the standards for the whole of West Africa. Very few figures were given about
investigations, prosecutions, and convictions, or about the regulation and supervision
of reporting entities. This demonstrates the inefficiency and ineffectiveness of
the fight against money laundering and terrorist financing in the region.
6. The porosity of the land borders within West Africa contributes greatly to
the region’s vulnerability to ML/TF. This is exacerbated by the principle of free
movement of goods and people established through agreements made by ECOW-
AS and the West African Economic and Monetary Union (Union Économique
et Monétaire Ouest-Africaine, UEMOA). As several reports on the region show,
this provides opportunities to financial criminals and terrorist groups, which they
heavily exploit. Furthermore, a 240 square kilometer section of the Sahel belt in
the northern region of Mali, which borders Algeria, Mauritania, and Niger, is not
controlled by state authorities. This is the area where all smuggling and contraband
trafficking takes place, and where pro-independence rebels, organized crime,
and terrorist groups coexist in relative harmony.
7. Surveys of West African countries identify several factors that hinder AML/CFT
projects. Ninety-eight percent of those surveyed cite "inadequate monitoring" by
reporting entities as the main factor slowing down AML/CFT efforts. This seems
plausible, and the same weakness has been highlighted during peer review and
subsequent follow-up reports. Countries also cite "poor law enforcement capacity,"
"weak rule of law," and "low political commitment" as obstacles to AML/CFT
efforts.
Main Money Laundering Predicate Offenses
8. The many weaknesses inherent in the socio-cultural and economic environment
of West Africa exacerbate the growth of organized crime in the region. The size of
the informal sector, the low rate of bank use, the overuse of book money in financial
transactions, corruption, and limited law enforcement all provide a favorable
criminogenic environment for ML/TF.
9. The analysis of GIABA's reports, and of statistics produced by investigations
and prosecutions provided by member states, show that "fraud or tax evasion"
and "corruption" are the main predicate offenses underlying money laundering
2 In the FATF’s former evaluation methodology, sixteen of its forty-nine recommendations were
considered essential for a functional, effective AML/CFT system: six principal recommendations
(R.1, R.5, R.10, R.13, RS II, and RS IV) and ten key recommendations (R.3, R.4, R.23, R.26, R.35,
R.36, R.40, RS I, RS III, and RS V).
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