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Hans-Joerg Albrecht
basic decisions about what organizations and which individuals qualify as
international terrorist organizations or international terrorists.
Money laundering and Financial Assistance
Above, the particular significance of money laundering control and
financing of terrorism has been mentioned. Money laundering control
internationally represents a core area of controlling organized and
transnational crime since the enactment of the UN Vienna Convention of
1988 (Kilchling, 2002). The second money laundering guideline of the
European Union introduced new obligations of private lawyers, notaries,
accountants and similar professions which strengthen the overall duties of
the private sectors to contribute to prevention and repression of (financial)
crime (Wegner, 2002). Moreover, these obligations infringe on confidential
professional relationships which evidently are seen as obstacles for efficient
law enforcement.
A third European Union directive is to be implemented within the next 2
years. On September 20, 2005 the Council of the European Union adopted
the third directive which will replace the directives of 1991 and 2001 and
broaden money laundering controls significantly. All providers of expensive
goods or services will be obliged to identify and verify the identity of
customers, report suspicious transactions (money laundering or financing of
terrorism) to competent authorities and to enact measures to prevent money
laundering if transactions exceed the threshold of 15,000 €.
With such duties to participate in crime prevention and crime control the
balance and the configuration of social institutions that have been
established between the parties of the criminal process through conventional
criminal procedure law are changed significantly (Herzog, 1999). The costs
which arise out of these changes not only consist of the financial burden
which is placed on the private sector (see Yeandle/Mainelli/Berendt/Healy,
2005) but in particular out of consequences for the relationship between
clients and legal professions. However, problems go beyond that as legal
and social analyses have demonstrated (Hassemer, 1992; Hesse, 1994;
Herzog, 1999). These changes have initiated a tendency away from rule of
law based states towards a protectionist state as well as towards a type of
state intervention which is deformalized, aims at symbolic policies and is
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