Cross-jurisdictional financial crime risks: what can we learn from the UK regulatory data?

Q1 Social Sciences Journal of Financial Crime Pub Date : 2023-06-29 DOI:10.1108/jfc-03-2023-0044
M. Feridun
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引用次数: 1

Abstract

Purpose Financial crime presents a serious threat to the stability and integrity of the global financial system. To combat illicit financial activities, regulatory bodies worldwide have implemented various measures, including the requirement for financial institutions to assess the financial crime risks they are exposed to in the jurisdictions they operate in. These risks include inadequate anti-money laundering and countering the financing of terrorism frameworks and other financial crime risks that have significant strategic implications for firms’ geographical footprints and customer risk classifications. This paper aims to make a contribution to the literature by undertaking a cross-country analysis of 158 countries to shed light on what drives perceived jurisdiction risk of the UK financial services firms. Design/methodology/approach Capturing firms’ perceptions of financial crime risk requires significant data collection efforts, including surveys and interviews with key personnel. This can be highly resource-intensive and may require access to sensitive information that firms may be reluctant to share. Furthermore, the dynamic nature of financial crime risks means that perceptions can change rapidly in response to changes in the regulatory and geopolitical landscape. As a result, capturing and monitoring firms’ perceptions of financial crime risks requires ongoing monitoring and analysis. Capturing firms’ perceptions of financial crime risks at a cross-jurisdictional level is a particularly complex and challenging task that requires careful consideration of a range of factors. As a result of data limitations, empirical investigation of the factors underlying the firms’ perceptions of jurisdiction risk is in its infancy. This paper uses regulatory financial crime data from the UK in a multivariate regression analysis, following a general-to-specific approach where any redundant variables were removed from the general model sequentially. Findings Results suggest that perceived jurisdiction risk is significantly and positively associated with evasion of tax and regulations, while it is significantly and negatively associated with political stability and regulatory stringency. These have important implications for home and host supervisors with respect to the factors that drive perceived jurisdiction risks and the evaluation of the nature of inherent financial crime risks within regulated firms. The findings confirm the critical role of the shadow economy, political stability and regulatory rigor in shaping jurisdiction risk perceptions. From a policy standpoint, the findings support the case for taking prompt policy action to identify, prioritize and implement specific and targeted measures with respect to the shadow economy, political stability and rigor of regulations to improve international firms’ perceptions of jurisdiction risk. Originality/value While there exists different measures of financial crime risk, it is notoriously challenging to capture firms’ perceptions of it, particularly at a cross-jurisdiction level. This is because financial crime risks can vary significantly across different jurisdictions due to differences in legal and regulatory frameworks, cultural norms and levels of economic development. This makes it difficult for firms to compare and evaluate the financial crime risks they face in different jurisdictions. Besides, firms’ perceptions of financial crime risks can be influenced by a range of subjective factors, including personal experiences, media coverage and hearsay. These perceptions may not always align with objective risk assessments, which are based on more systematic and empirical methods of risk measurement. This paper contributes to the existing literature by undertaking a cross-country analysis drawing on a unique set of UK regulatory financial crime data, which is based on a total of 1,900 annual financial crime data regulatory return (REP-CRIM) submissions to the UK’s Financial Conduct Authority.
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跨司法管辖区的金融犯罪风险:我们可以从英国监管数据中学到什么?
目的金融犯罪对全球金融体系的稳定和完整性构成严重威胁。为了打击非法金融活动,世界各地的监管机构实施了各种措施,包括要求金融机构评估其在其经营管辖区内面临的金融犯罪风险。这些风险包括反洗钱和打击资助恐怖主义框架不足,以及对公司的地理足迹和客户风险分类具有重大战略意义的其他金融犯罪风险。本文旨在通过对158个国家进行跨国分析,阐明英国金融服务公司感知管辖权风险的驱动因素,为文献做出贡献。设计/方法/方法捕捉公司对金融犯罪风险的感知需要大量的数据收集工作,包括对关键人员的调查和访谈。这可能是高度资源密集型的,可能需要获得公司可能不愿分享的敏感信息。此外,金融犯罪风险的动态性质意味着,随着监管和地缘政治格局的变化,人们的看法可能会迅速改变。因此,捕捉和监测公司对金融犯罪风险的感知需要持续的监测和分析。在跨司法管辖范围内捕捉企业对金融犯罪风险的感知是一项特别复杂和具有挑战性的任务,需要仔细考虑一系列因素。由于数据的局限性,对企业对管辖权风险认知的因素的实证调查尚处于起步阶段。本文使用来自英国的监管金融犯罪数据进行多元回归分析,遵循从一般到具体的方法,依次从一般模型中删除任何冗余变量。研究结果表明,感知管辖风险与逃税和逃避监管显著正相关,而与政治稳定和监管严格性显著负相关。这些对母国和东道国监管机构在驱动感知管辖风险的因素以及对受监管公司内部固有金融犯罪风险性质的评估方面具有重要意义。研究结果证实了影子经济、政治稳定和监管严格性在形成管辖权风险认知方面的关键作用。从政策角度来看,调查结果支持迅速采取政策行动,确定、优先考虑和实施影子经济、政治稳定和严格监管方面的具体和有针对性的措施,以改善国际公司对管辖风险的认识。独创性/价值虽然金融犯罪风险有不同的衡量标准,但要捕捉公司对其的看法是出了名的具有挑战性,尤其是在跨司法管辖区层面。这是因为由于法律和监管框架、文化规范和经济发展水平的差异,不同司法管辖区的金融犯罪风险可能存在显著差异。这使得公司很难比较和评估他们在不同司法管辖区面临的金融犯罪风险。此外,企业对金融犯罪风险的认知可能受到一系列主观因素的影响,包括个人经历、媒体报道和道听途说。这些看法可能并不总是与客观风险评估一致,客观风险评估基于更系统和经验的风险测量方法。本文通过对一组独特的英国监管金融犯罪数据进行跨国分析,对现有文献做出了贡献,该数据基于向英国金融行为监管局提交的1900份年度金融犯罪数据监管报告(REP-CRIM)。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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来源期刊
Journal of Financial Crime
Journal of Financial Crime Social Sciences-Law
CiteScore
3.10
自引率
0.00%
发文量
71
期刊介绍: The Journal of Financial Crime, the leading journal in this field, publishes authoritative, practical and detailed insight in the most serious and topical issues relating to the control and prevention of financial crime and related abuse. The journal''s articles are authored by some of the leading international scholars and practitioners in the fields of law, criminology, economics, criminal justice and compliance. Consequently, articles are perceptive, evidence based and have policy impact. The journal covers a wide range of current topics including, but not limited to: • Tracing through the civil law of the proceeds of fraud • Cyber-crime: prevention and detection • Intelligence led investigations • Whistleblowing and the payment of rewards for information • Identity fraud • Insider dealing prosecutions • Specialised anti-corruption investigations • Underground banking systems • Asset tracing and forfeiture • Securities regulation and enforcement • Tax regimes and tax avoidance • Deferred prosecution agreements • Personal liability of compliance managers and professional advisers
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