Tuesday, November 1, 2005 ~
11:10 a.m., Dan Mitchell Wrote:
Anti-money laundering laws are a
stupid way to fight terrorism. The
Economist is hardly a left-wing, anti-business magazine, so it is
particularly noteworthy that it has an article explaining how anti-money
laundering laws – and specifically laws and regulations against terrorist
financing – are a gross misallocation of resources. There also is a story
behind the story on this issue. High-tax nations such as France and Germany
are using the money laundering issue as a way of attacking financial privacy
in places like Switzerland and the Cayman Islands, even though so-called tax
havens actually have better track records in blocking dirty money. Indeed,
the Economist points out that money laundering is more common in places like
New York City and London:
The private sector bears the major burden of the
effort to choke off funding for terrorists. … Millions of prospective
and current customers are hampered by tougher compliance standards. …
The compliance costs for financial institutions are substantial. … The
total cost of complying with anti-terror financing regulations is
difficult to determine… According to a global study of about 200 banks
last year by KPMG, those interviewed increased investments on
anti-money-laundering activities by an average of 61% in the prior three
years. …Yet all this effort has yielded depressingly few tangible
results. America's Treasury says more than 1,000 grand-jury subpoenas
and more than 150 indictments have been handed down, although there has
been nothing like that many convictions. … Many experts, both in
government and the private sector, admit that the chances of detecting
terrorists' funds in a bank sufficiently far in advance of a planned
attack that it can be prevented are incredibly small. "In my view, it's
hardly worth the effort," says one banking industry official in Europe.
Critics note that a number of terror attacks have occurred this year—in
Saudi Arabia, Jordan, Russia, Egypt, Britain, Bali (again), not to
mention Iraq—and they often seem to involve very little money. …
international regulators keep layering on new laws and recommendations
in an effort to keep pace. The result is what Mr Passas calls a
"regulatory tsunami". … experts admit that big financial centres such as
London and New York—by virtue of the huge money flows going through
them—are probably still major hubs for laundered funds and terror
financing. … For KPMG's Mr Dillon, the resources already spent on the
effort have handed a victory to the terrorists. "The cost to our global
economy is so large, they've already had the effect they wanted," he
says. "The increasing costs of compliance and technology are a form of
terrorism. We're damaging ourselves."