Barcoding Banknotes: Moving Towards a System Addressing Cash Anonymity in Money Laundering and Terrorist Financing Operations
| Citation | (2024) 37 SACJ 21 |
| DOI | https://doi.org/10.47348/SACJ/v37/i1a2 |
| Published date | 21 August 2024 |
| Pages | 21-47 |
| Author | Van Vuren, R.J. |
| Date | 21 August 2024 |
Barcoding banknotes: Moving
towards a system addressing cash
anonymity in money laundering
and terrorist nancing operations
RUANN JANSEN VAN VUREN*
ABSTRACT
The anonymity in c ash transactions pr esent a signicant hurdle i n nancial
crime prevention. The centr al issue in addressi ng illicit cashows lies in
the difcult y to distingui sh between licit and ill icit cashows amongst
countless daily cash t ransactions. Addre ssing the issue poses the ch allenge
of identifying a ba lance between an extr eme of total surveil lance, which
can impinge on freedoms and d isrupt cash-dep endant economies, and total
inaction, which allows il licit ows to persist. Between t hese two extremes
lie various middle path s, some more effective than ot hers in strik ing the
required balance. Th rough an examin ation of the historical la ndscape of
money laundering, the evolution of countermea sures, and the exploitation
of gaps by crimina ls, a technologically advanced solution is pr oposed.
In this regard, t he implementation of traceable barcodes on b anknotes
aims to enhance tr ansparency and tr aceability in n ancial dealings. A
barcoded system is an in novative strategy to tackle money launde ring and
terrorist na ncing. This art icle assesses the viabilit y, potential impacts and
challenges of this sys tem in policy formulation and e conomic frameworks,
contributing to the dis course on enhancing ant i-money laundering and
counter-terroris t nancing measures.
1 The core of concealment
1.1 Historical trails: laundromats and liquor
In a world dominated by global economies, nancial systems are both
enablers of growth and potential tools for misuse.1 Organised crime,
deeply engrained within our societies,2 not only threatens individual
* Bcom (Law) LLB (Stell), Paralegal to Advoc ate LJ Van Tonder SC. I am grateful to
Dr DC van der Linde of Ste llenbosch Universit y, and my father, Hannes Jansen va n
Vuren, for their const ant support in my academ ic endeavours.
1 R Hülsse ‘Creating demand for global gover nance: The maki ng of a global money-
laundering problem’ (2007) 21 Glob al Society 155–1 78.
2 A Kruger Organised Crim e and Proceeds of Cr ime Law in South Africa 2ed (2013)
1–4.
https://doi.org/10.47348/SACJ/v37/i1a2
21
(2024) 37 SACJ 21
© Juta and Company (Pty) Ltd
lives and community well-being3 but also erodes the integrity of
nancial infrastruct ure.4 One of the signicant by-products of these
criminal ventures is the vast sums of money that ow from them,5
desperately seeking integration into the legitimate nancial fabric. At
the centre of this nexus bet ween crime and nance stands money
laundering, a multifaceted crime character ised by varying denitions
across juri sdictions.6 T he term ‘money laundering’ is commonly
associated with the infamous A l Capone, in an era when private
washing machines were a luxur y, Capone is said to have used his
chain of laundromats to conceal the proceeds of cr iminal endeavours
such as sex work, gambling, and the sale of illegal alcohol during
Prohibition.7 While the validit y of this story remains subject to debate,
it is a narrative that resonates with the term itself: the process of
taking ‘dirty ’ money, ‘washing’ it, and then reintroducing it as ‘clean’
cu r re nc y.
Criminal act ivities, often referred to as predicate offences, give rise
to the necessity to conceal the origins of the nancial gain back to
the individual s and offences involved.8 Th is is done by laundering the
funds through a process that generally involves three fundamental
stages: placement, layering, and integration.9 In the placement stage,
illicit proceeds are introduced into the nancial system in a way that
avoids raising suspicion as to their illicit nature.10 The layering phase
that follows commonly maneuvers these funds through multiple
nancial channels to dist ance them from their illicit roots and make
3 Kruger op cit (n2) 69–71; N Ryder, S Bourton and D Hall ‘ The United Kingdo m,
organised cri me, and money launderi ng: A critical reec tion’ in D Jasinski,
APhillip s and E Johnston (eds) Organised Crim e, Financial Crime , and Criminal
Justice: Theor etical Concepts and Challenges (2023) 199 at 199–20 0.
4 International Monetar y Fund ‘Financial s ystem abuse, nanc ial crime and money
laundering – Backgro und paper’ (2001) 1 at 8–9. A Clark and P Bur rell A Practitioner ’s
Guide to Interna tional Money Laundering Law and R egulation (2003) 7–13.
5 UNODC Estimating Illicit Financi al Flows Resulting fr om Drug Trafcking and
Other Transnational Organized Crime s (2011) 1 at 127.
6 Section 1 of the Financial Intel ligence Centre Act 38 o f 2001 (FICA) and s 4 of the
as ‘an activity wh ich has or is likely to have the ef fect of concealing or d isguising
the nature, source , location, disposition of the proceed s of unlawful activit ies or any
interest which anyone ha s in such proceeds’; See also a rt 3.1 of the United Nations
Convention Against I llicit Trafc in Na rcotic Drugs and Psychot ropic Substances
(adopted 20 December 1988, enter ed into force 11 November 1990).
7 J Robinson The Laundrym en: Inside Money L aundering, the World’s Thir d-Largest
Business (1996) 9.
8 L De Koker et al Money Laundering and Terr or Financing: Law and Compliance in
South Africa 4ed (2020) 4.
9 Ibid 4–6.
10 Ibid 5.
22 SACJ . (2024) 1
https://doi.org/10.47348/SACJ/v37/i1a2
© Juta and Company (Pty) Ltd
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