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Money Laundering by Sale of Oil in Libya

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Money Laundering by Sale of Oil in Libya A University of Sussex PhD thesis Available online via Sussex Research Online: http://sro.sussex.ac.uk/ This thesis is protected by copyright which belongs to the author. This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the Author The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the Author When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given Please visit Sussex Research Online for more information and further details UNIVERSITY OF SUSSEX LAW SCHOOL Dissertation for the Degree of Doctor of Philosophy On the subject of Attempts to Combat Money Laundering by Sale of Oil in Libya. The Relevance of the United Kingdom Approach. PhD Candidate: Mohamed Bashir Elier 2019 1 Acknowledgement I would like to express my sincere appreciation and deep gratitude to those who have supported and encouraged me during the period of my doctoral thesis. I am particularly grateful to my supervisors, Prof. Richard Vogler and Dr. Michael Kearney, for their tireless support and guidance; they generously sacrificed their time to provide me with invaluable recommendations and constructive criticism, and always made themselves available to see me. I would like to express my sincere appreciation and deep gratitude to those who took part in encouraging, supporting and advising me in order to complete this work. I may specifically point to my mother and wife, for their encouragement and patience; the employees at the Libyan Central Bank, for their participation in this research; and my colleagues at the Law School at Sussex University, for their support. 2 Contents Chapter One Introduction ........................................................................................................... 10 1.1- General Introduction: ...................................................................................................... 10 1.2-Rationale ........................................................................................................................... 10 1.2.1-Definition of Money Laundering .................................................................................... 12 1.2.2-The Definition of Money Laundering Crime by the Vienna Convention (1988), ..................................................................................................................... 14 1.2.3-The Estimated Amount of Money Laundering, ............................................................. 16 1.3- The link between illegal oil selling and ML ...................................................................... 18 1.3.1-The reason for choosing the UK, .................................................................... 18 1.4- Research Questions ......................................................................................................... 21 1.5- Research Objectives ......................................................................................................... 21 1.6-Literature Review: ............................................................................................................ 22 1.6.1-Background on ML. ......................................................................................... 22 1.6.2-The relationship between ML and terrorist financing ................................... 22 1.6.3-Financial Crimes and Globalization ................................................................ 24 1.7. Theoretical Framework .................................................................................................... 26 1.8-Methodology .................................................................................................................... 28 1.8.1-The Interviews ................................................................................................ 30 1.8.2-Preparatory Stage ........................................................................................... 30 1.8.3-How the interview data is used in the thesis ................................................. 31 1.8.4- Piloting the interview .................................................................................... 32 1.8.5-Audio recording .............................................................................................. 33 1.8.6-The Libyan Interviews ..................................................................................... 34 1.8.7-The UK Interviews ........................................................................................... 35 1.8.8-Analysis and Interpretation of Data ............................................................... 35 1.8.9--How was data security maintained? ............................................................. 37 1.9-Proposed Thesis Structure ................................................................................................ 38 Chapter Two: The Theories ........................................................................................................ 41 2.1- Introduction ..................................................................................................................... 41 2.2-Transitional Justice Theory ............................................................................................... 41 2.2.1-The Concept of Transitional Justice ................................................................ 41 2.3- Legal transplants .............................................................................................................. 43 2.3.1-The significance of legal transplants .............................................................. 43 2.3.2- Motivations for Transplanting Law................................................................ 45 3 2.4-The experiences of some countries to implement the transitional justice ...................... 50 2.4.1-The experience of transitional justice in South Africa ................................... 50 2.4.2-The experience of transitional justice in Argentina ....................................... 50 2.4.3-Morocco’s successful experience of transitional justice ................................ 51 2.5-The Challenges of Transitional Justice .............................................................................. 53 2.6-The jurisdiction of the ICC on the ML crime ..................................................................... 55 2.7-Why the theory of Transitional Justice; and why there is no other appropriate theory? 56 2.8-Conclusion ........................................................................................................................ 58 Chapter Three: The Global Problem of Money Laundering. ....................................................... 60 3.1-Introduction ...................................................................................................................... 60 3.2-Objectives of Money Laundering ...................................................................................... 60 3.3-The Origin of Money Laundering, ..................................................................................... 61 3.4-The Stages of Money Laundering ..................................................................................... 62 3.4.1 -Placement ...................................................................................................... 62 3.4.2- Layering ......................................................................................................... 63 3.4.3 Integration ...................................................................................................... 63 3.5-The effect of Money Laundering ...................................................................................... 66 3.5.1-The Effect of Money Laundering on the Economy ......................................... 66 3.5.2-The Effect of Money Laundering on Society .................................................. 69 3.5.3-The Effect of Money Laundering on Politics................................................... 70 3.6-The relation between Money Laundering and the oil industry ........................................ 71 3.6.1-The role of corruption in facilitating the activities that associated with money laundering and the sale of oil. ................................................................... 73 3.7-Conclusion ........................................................................................................................ 87 Chapter Four: The International Campaign against Money Laundering. ................................... 88 4.1- Introduction. .................................................................................................................... 88 4.2 -The Criminalization of Money Laundering by the Vienna Convention against Illicit Traffic in Narcotic and Psychotropic Drugs 1988, ........................ 89 4.3 -European Measures against Money Laundering, ............................................................ 93 4.3.1-The Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, Strasbourg 1990, .................................................................. 93 4.3.2-The EU Anti- Money Laundering Directives ................................................... 94 4.3.2.5-The Fifth Money Laundering Directive ........................................................................... 98 4.4- The Basel Committee Statement of
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