ЧОРНИЙ ТА СІРИЙ СПИСКИ FATF ЯК ІНСТРУМЕНТИ В БОРОТЬБІ З ВІДМИВАННЯМ КОШТІВ, ОДЕРЖАНИХ ЗЛОЧИННИМ ШЛЯХОМ, ТА ФІНАНСУВАННЯМ ТЕРОРИЗМУ

Abstract

The fight against money laundering and terrorist financing takes place on different levels and with the use of various tools. FATF is an important actor in this struggle. This group pays considerable attention to the assessment and identification of countries and territories that are considered to be deficient in their AML/CFT regulatory regimes. The purpose of the article is to reveal the features and consequences of using FATF black and gray lists as tools in the fight against money laundering and terrorist financing. To achieve the goal, the following methods were used: analysis and synthesis, logical generalization, comparison. The latest changes to the FATF lists are described and analyzed. It was determined that since the initial implementation of this tool, approaches to its use have changed significantly, and the analysis of recent changes shows its dynamism. The negative consequences of the impact on the economy of countries due to the use of the FATF black and gray lists are systematized in two groups: stimulating (which should accelerate the implementation of measures by the country's leadership to eliminate identified deficiencies in the area of AML/CFT); progressive (caused by increased control over the country's financial system and restrictions on correspondent relations between participants of the regulated banking system). The impact of the FATF lists on the economy of a number of countries is reflected. The effectiveness of using this tool is confirmed by empirical data. It has been established that the FATF lists as instruments of AML/CFT have an ambiguous relationship. On the one hand, the experience of countries that have made significant progress in complying with the FATF action plan shows that FATF lists are a powerful tool in the fight against money laundering and terrorist financing. On the other hand, the ambiguity of approaches in its application to all countries indicates the political nature of the process of listing and exclusion from them. This is a confirmation of the need for further study and refinement of the requirements for the formation of FATF lists.