Mobile financial services, specifically mobile money, has the potential to expand access to financial services to millions of unbanked people in South Africa. As such, it looks very promising in terms of financial inclusion. However, concerns exist that mobile money can be detrimental to financial integrity since there are several proven risk factors linked to mobile financial services. These risk factors make mobile money very susceptible to money laundering. The potential for abuse and the need for appropriate controls is therefore something which cannot be ignored. While the South African legislator has made provision for comprehensive anti-money laundering preventative measures by means of the Financial Intelligence Centre Act 38 of 2001, there exists no South African legislation explicitly concerned with mobile money. It is therefore difficult to determine what the regulatory stance is in terms of mobile money in South Africa. The Financial Action Task Force (FATF) is, however, currently focusing attention on the effect which mobile money may have on financial integrity. The latest FATF Recommendations make provision for several anti-money laundering controls which are specifically applicable to mobile money, including controls regarding money or value transfer services and new technologies. While it is always difficult to balance financial integrity and financial inclusion, the risk-based approach makes it possible for governments to implement effective antimoney laundering measures, thereby preserving financial integrity, without the need to compromise on financial inclusion objectives. The fact that South Africa has not fully adopted a risk-based approach is a problem which needs to be addressed if mobile money is to deliver on its promises for financial inclusion, without being detrimental to financial integrity. / LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2015

Mobile financial services, specifically mobile money, has the potential to expand access to financial services to millions of unbanked people in South Africa. As such, it looks very promising in terms of financial inclusion. However, concerns exist that mobile money can be detrimental to financial integrity since there are several proven risk factors linked to mobile financial services. These risk factors make mobile money very susceptible to money laundering. The potential for abuse and the need for appropriate controls is therefore something which cannot be ignored. While the South African legislator has made provision for comprehensive anti-money laundering preventative measures by means of the Financial Intelligence Centre Act 38 of 2001, there exists no South African legislation explicitly concerned with mobile money. It is therefore difficult to determine what the regulatory stance is in terms of mobile money in South Africa. The Financial Action Task Force (FATF) is, however, currently focusing attention on the effect which mobile money may have on financial integrity. The latest FATF Recommendations make provision for several anti-money laundering controls which are specifically applicable to mobile money, including controls regarding money or value transfer services and new technologies. While it is always difficult to balance financial integrity and financial inclusion, the risk-based approach makes it possible for governments to implement effective antimoney laundering measures, thereby preserving financial integrity, without the need to compromise on financial inclusion objectives. The fact that South Africa has not fully adopted a risk-based approach is a problem which needs to be addressed if mobile money is to deliver on its promises for financial inclusion, without being detrimental to financial integrity. / LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2015

Il est une idée généralement admise consistant à dire que la fonction de Compliance officer est conçue autour d'une obligation de moyen, négative pour la fonction. Nos travaux nous ont amenés à conclure de la nécessité de poser une notion d'intégrité financière dont la définition réponde également aux exigences des missions du Compliance officer. il s'agit ainsi d'envisager les outils techniques et juridiques inhérents au poste de Compliance officer. Ces outils trouvent leur fondement logique dans la notion d'intégrité financière, à l'issue d'un examen clinique du poste de Compliance officer. La nécessité d'une notion qui soit fonctionnelle amène à retenir que l'intégrité financière consiste en la protection de la circulation légitime de la monnaie et des obligations monétaires. Les réflexions autour de cette notion d'intégrité financière permettent d'isoler une notion d'intégrité qui est opératoire dans la lutte contre la criminalité financière. Ainsi, au même titre qu'il y a dans les sciences criminelles un champ d'étude consacré à l'intégrité physique ou morale de la personne, il était souhaitable que fût identifié un champ d'étude consacré à la circulation de la monnaie. La conséquence d'une telle approche consiste en la reformulation des besoins des institutions impliquées dans la lutte contre la criminalité financière et à une redéfinition de l'offre de formation universitaire sur cette thématique. / People think that the function of Compliance Officer is conceived on an obligation of means. Then, the Compliance Officer is rather seen as "spoilsport". Therefore, seeking for the element for lack of which the Compliance Officer could not be effective became a necessity. Our thoughts lead us to conclude about the need to put down a financial integrity notion whose definition also answers to the duty of the Compliance Officer. Furthermore, we wanted to have a clinical look on the position of Compliance Officer. The will to have a definition of the financial integrity that can be practical has leaded us to retain that financial integrity was the guarding of the rightful flow of money and monetary debentures. Put in those terms, the definition of the financial integrity firstly required presenting monetary items and their protection system. Then, the operating qualities of such a notion in the achievement of the Compliance Officer duty needed to be presented secondly. Beyond the only purpose of the Compliance Officer, our thoughts about the notion of financial integrity aimed at isolating an integrity notion that could be functional in the fight against financial criminality. In other words, as there is a field dedicated to the study of physical or moral integrity of a person, it was desirable that a field dedicated to the flow of money and monetary items could be identified in criminal sciences. Such an approach could participate to reword the needs of financial institutions involved in the fight against crime, and to redefine the university schedule of training by basing the learning process of financial methods on the circulation of items and the monetary objects.