NCJ Number
66242
Date Published
1976
Length
96 pages
Annotation
BASED ON QUESTIONNAIRES COMPLETED BY ONE-THIRD OF INTERPOL'S MEMBER COUNTRIES, THE REPORT DESCRIBES TYPES OF INTERNATIONAL FRAUDS AND COMMERCIAL CRIMES AND ANALYZES LAWS RELEVANT TO THESE OFFENSES.
Abstract
LEGISLATION FOR EACH COUNTRY IS EXAMINED ACCORDING TO THE FOLLOWING SUBJECT AREAS: FOREIGN EXCHANGE AND CURRENCY REGULATIONS, THE GOLD MARKET, IMPORT REGULATIONS, AND EXPORT REGULATIONS. THE COUNTRIES WHICH REPORTED THE DATA ARE LISTED FOR EACH CATEGORY, AND DEFINITIONS OF TERMS ARE PROVIDED. LAWS CONCERNING CLAIMS PAYABLE IN A FOREIGN CURRENCY, EXCHANGE RATES, AND TAKING GOLD OUT OF A NATIONAL TERRITORY ARE COVERED. CRIMES ARE SUMMARIZED BY COUNTRY AND INCLUDE SMUGGLING CURRENCY, VIOLATIONS OF IMPORT/EXPORT REGULATIONS, SECURITIES FRAUD, CURRENCY COUNTERFEITING, AND ILLEGAL TRANSFERS OF MONEY ABROAD. INFORMATION ON POLICE ENFORCEMENT POWERS AND INTERNATIONAL COOPERATION IS PRESENTED IN SEVERAL TABLES WITH SPECIAL ATTENTION GIVEN TO RECORDING STATEMENTS OF WITNESSES AND SUSPECTS, SEARCHES, ARRESTS, EXTRADITION, AND COMPELLING ATTENDANCE OF WITNESSES IN REQUESTING COUNTRIES. REGULATIONS CONCERNING THE SECRECY OF BANKING INFORMATION ARE SUMMARIZED. THE SURVEY DISCOVERED CONSIDERABLE DIFFERENCES IN LAWS INVOLVING FISCAL AND ECONOMIC OFFENDERS; BEHAVIOR PUNISHABLE IN ONE COUNTRY, IN FACT, WOULD BE NORMAL IN SOME OTHERS. THIS SITUATION PRECLUDES INTERNATIONAL COOPERATION IN MANY AREAS, BUT COUNTRIES COULD TRY TO AVOID ESTABLISHING CONTRADICTORY OBLIGATIONS. THE PRINCIPLES OF DOUBLE CRIMINALITY AND RECIPROCITY CAN HINDER POLICE COOPERATION WHEN COUNTRIES DO NOT HAVE SIMILAR LAWS. THE POSSIBILITIES OF JUDICIAL COOPERATION IN ECONOMIC CRIMES IS VERY LIMITED, AND EXTRADITION IS USUALLY IMPOSSIBLE. IN MOST COUNTRIES WITNESSES WHO ARE RESIDENTS CANNOT BE FORCED TO APPEAR BEFORE THE COURTS OF ANOTHER COUNTRY. RULES ON BANKING SECRECY VARY, AND IT WOULD BE DIFFICULT TO DEVISE REGULATIONS ACCEPTABLE TO ALL COUNTRIES. SPECIFIC RECOMMENDATIONS OF THE REPORT ARE TO INCREASE INTERNATIONAL COOPERATION INCLUDE BILATERAL POLICE AGREEMENTS, GRANTING POLICE POWERS OVER ECONOMIC CRIMES EQUAL TO THOSE FOR REGULAR CRIMINAL CASES, AND REVIEWING COUNTRIES' INTERNAL CONTROLS TO PREVENT CORRUPTION. (MJM)