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Vulnerabilities of specific market sectors induced by legislation

Vulnerabilities of specific market sectors induced by legislation. Tom Vander Beken & Annelies Balcaen Workshop Proofing EU legislation against crime. Results from project MARC Brussels, 26 June 2006. Overview. Purpose of the study Mobile phone communication sector Waste disposal sector

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Vulnerabilities of specific market sectors induced by legislation

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  1. Vulnerabilities of specific market sectors induced by legislation Tom Vander Beken & Annelies Balcaen Workshop Proofing EU legislation against crime. Results from project MARC Brussels, 26 June 2006

  2. Overview • Purpose of the study • Mobile phone communication sector • Waste disposal sector • Banking sector • Pharmaceutical sector • Conclusions

  3. 1. Purpose of the study Review and systematisation of factors (variables) that influence the likelihood of (organised) crime occurring due to the regulation of specific market sectors. Mobile phone communication, waste management, banking and pharmaceutical sector Literature review (Dutch and English) and interviews with sector and law enforcement representatives Based on contributions of Cardiff University (Dorn & Levi, 2004 – banking), University College of London (Armitage, Pease and Clarke, 2005 – mobile phone sector) and Ghent University (Vander Beken & Balcaen, 2005 – waste disposal sector and pharmaceutical sector)

  4. 2. Mobile phone communication sector Pay-as-you-go: registration? Cloned phones/sim cards: choice for less secure algorithms for law enforcement purposes created opportuities for cloning Stealing and reprogramming for resale: choice to make IMEI non resistant to change Missing trader or carroussel fraud: law on intra-community transactions between EU businesses weakened VAT regulation.

  5. 3. Waste disposal sector General: very complex regulation, different ways of implementation in MS (Directive 259/93 EC) Transfrontier shipment of waste: What is “hazardous”? The Italian legislation Illegal dumping of waste: Strict regulation on landfill in the UK and US provided incentives for criminal to dispose in “another way”.

  6. 4. Banking sector Lack of clarity over responsible regulators allows criminals to continue their activities (BCCI case) Non regulation (voorbeeld geven) No independent guardians (voorbeeld geven) Over-regulation (money laundering) Lack of clarity of concepts (voorbeeld geven)

  7. 5. Pharmaceutical sector General: complexity of regulation and implementation of EU regululation counterfeiting drugs: no legislation or poor enforcement (US Prescription of Drug Marketing Act) Conflict of interests: supervisors payed by the sector

  8. 6. Conclusions Risks of non-complicance created by problems inherent to the legislation itself (regulatory gaps, lack of clarity, …) Non-regulation (counterfeiting, IMEI, ..) Poor or different implementation Lack of coherence in legislation, dependent guardians Side effects: deregulation, alleviation of an obligation or too stringent legislation.

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