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L. Fituni, I. Abramova Resource Potential of Africa and Russia's ...

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sum, in exchange for terminating the legal investigation against the<br />

suspected <strong>Africa</strong>n PEP.<br />

It is clear, that such intelligence may be critical not only in gathering<br />

evidence necessary for achieving convictions in courts <strong>of</strong> law,<br />

but also as an effective bargaining tool for achieving strategic goals<br />

in the region. The banks that report such suspicious transactions on<br />

time are usually exempt from any responsibility for dealing with the<br />

money. Moreover, in some cases the funds, if frozen, may indefinitely<br />

remain on the balance sheets <strong>of</strong> the financial institution, <strong>and</strong><br />

“work for it” till the decision <strong>of</strong> the court.<br />

The US <strong>and</strong> its NATO allies have assumed leadership in exp<strong>and</strong>ing<br />

international cooperation among law enforcement agencies<br />

to prevent complex trans-border crimes, such as money laundering,<br />

including those that involve current or former <strong>Africa</strong>n government<br />

<strong>of</strong>ficials; tycoons with close ties to <strong>Africa</strong>n political leaders; military<br />

<strong>and</strong> intelligence operatives; <strong>and</strong> persons with ties to organized<br />

crime. Such a st<strong>and</strong> should deserve full approval <strong>and</strong> support, had it<br />

not been used selectively <strong>and</strong> inconsistently. When U.S. laws--such<br />

as the Patriot Act (especially Section 312, proceeds <strong>of</strong> foreign corruption),<br />

the Foreign Investment <strong>and</strong> National Security Act <strong>of</strong> 2007<br />

(FINSA), the Defense Production Act <strong>of</strong> 1950 (DPA), money laundering<br />

laws, the Foreign Corrupt Practices Act, G-8 anticorruption<br />

initiatives, <strong>and</strong> similar laws in allied jurisdictions--are violated by<br />

<strong>Africa</strong>n entities, the U.S. <strong>and</strong> its allies should not hesitate to vigorously<br />

prosecute the <strong>of</strong>fenders <strong>and</strong> confiscate, through appropriate<br />

court proceedings, illegally laundered funds <strong>and</strong> properties acquired<br />

with illegally procured funds, <strong>and</strong> aggressively deny visas to those<br />

government <strong>and</strong> business figures involved in the illicit activities 34 .<br />

Such approach should not be selective but comprehensive <strong>and</strong> address<br />

equally both <strong>Africa</strong>n <strong>and</strong> western perpetrators <strong>and</strong> facilitators.<br />

To a certain extent such an approach was used by the Swiss <strong>and</strong><br />

German bankers in relation to the funds believed to be controlled by<br />

the family members or close associates <strong>of</strong> the Egyptian <strong>and</strong> Tunisian<br />

leaders after the series <strong>of</strong> public uprisings in the beginning <strong>of</strong> 2011.<br />

Questions remain as to the real role <strong>of</strong> NATO member states in<br />

those events. They started in Tunisia, then spread to Egypt <strong>and</strong> led<br />

41

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