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This paper seeks to deconstruct the proposed risk‐based approach to anti‐money laundering (AML) and to relate it to the text of the European Union's 3rd Directive. The paper also aims to discuss a variety of risk‐related aspects and how they have come to be constructed on the sociological perspective of risk and subsequently to examine the relation of risk elements to AML.

The theoretical approach of the paper is based on the tradition of second‐order cybernetics and on many of the theoretical concepts discussed by Niklas Luhmann, as well as his work on the sociology of risk.

The implications for the risk‐based approach on AML are discussed on the basis of how risk can be represented and categorized, and the paradoxes behind various such risk‐classifications are analysed, thus offering a critique on the oversimplification with which risk has been appropriated within AML.

The practical implications of this paper relate to how risk should be considered within the domain of AML and how financial institutions and financial intelligence units should mostly focus on re‐constructing the aspects surrounding risk‐communication.

The originality of this paper lies in its unique treatment of risk within the context of AML, while clearly exposing the unavoidable observational paradoxes that the concept of risk induces, as well as examining the consequences on the risk‐based approach for dealing with AML.

Debate is growing around the expansion of risk-based regulation. The regulation scholarship provides evidence of regulatory failure of the risk-based approach in different domains, including financial regulation. Therefore, this paper aims to provide cautionary evidence about the risk of regulatory failure of risk-based strategy in the financial regulation while using enterprise risk management (ERM) as a meta-regulatory toolkit.

Based on interview data gathered from 30 risk managers of banks and five regulatory personnel, combined with secondary data, this study mainly explores the challenges for meaningful use of ERM based self-regulation in regulated banks. The evidence helps to assess the risk of regulatory failure of the risk-based regulation while using ERM.

The evidence reflects that regulated banks face diverse challenges arising from both peripheral and internal environments that limit the true internalization of ERM-based self-regulation. Despite this, the regulator uses this self-regulation as a meta-regulatory toolkit under the risk-based regulation to achieve the regulatory aims. However, the lack of true internalization of ERM based self-regulation is likely to raise the risk of regulatory failure of risk-based regulation to achieve the regulatory goals. Risk-based regulation is an evolving strategy in the regulatory regime. Therefore, care should be taken while using ERM as a regulatory toolkit before relying on it substantially.

The paper provides empirical insights about the challenges for effective use of ERM as a meta regulatory toolkit that might be useful practically both to the regulators and regulated firms.

The purpose of this paper is to investigate Financial Action Task Force (FATF)'s risk‐based guidance to combat money laundering and terrorist financing to determine its approach to the identification and management of low‐risk providers, products and transactions.

The paper analyses the relevant FATF recommendations and its guidance notes and reflects on key questions for regulators and financial institutions.

FATF has not defined “risk” for purposes of the risk‐based approach. The absence of a clear definition complicates the identification of low‐risk products. FATF do provide an example of a risk matrix that can be used to identify low‐risk banks, but the example is based on assumptions and generalisations that are not sustainable. In addition, it identifies certain low‐value transactions as “low risk” transactions. The paper reflects on the role of value as an indicator of risk and concludes with a number of suggestions to clarify the conceptual framework.

Low‐risk products and transactions are often overlooked because the risk‐based approach focuses attention on high‐risk matters. Low‐risk products are however crucial to the efforts to increase financial inclusion. The paper identifies gaps in the current conceptual framework and indicates ways in which they can be addressed.

This article aims to consider the role of the European Union (EU) in the prevention of money laundering and to show that the EU has a lot more to win in this field of policy.

This article is based on a literature study and a thorough analysis of the EU Directives on the prevention of money laundering.

Whereas, the material norms for entities subject to regulation have been harmonised and adjusted to the risk‐based approach at European level, the norms regarding the enforcement instruments have mostly been left to the Member States' legislation. As a result, there exists a “patchwork” of enforcement mechanisms throughout the EU.

This article focuses on the prevention of money laundering on the level of the EU only; no connection is made to the international or to the national level.

This article does not provide a value judgment on the preventive rules at European level as such, but rather it offers an academic perspective on the role of the EU in the prevention of money laundering.

The purpose of this paper is to explain the rule‐based and risk‐based anti‐money‐laundering (AML) approach, to demonstrate the implementation problems in carrying out a risk‐based approach (RBA) to AML and finally propose in what way the RBA should be conducted in China.

This paper analyzes the practice of money‐laundering risk management in Chinese AML programs, compares the rule‐based AML approach and the risk‐based AML approach, and discusses the practical condition of carrying out the risk‐based AML approach in China.

Although China has made significant progress on combating money laundering, the practice of money‐laundering risk management in Chinese AML programs is still weak, and the pre‐conditions for fully implementing the RBA in China are yet to be met.

This paper highlights the practical issues preventing Chinese authorities from fully implementing a risk‐based AML approach, and proposes a “rule‐based but risk‐oriented” AML approach (a partial RBA) in the context of Chinese realities.

What does the Financial Services Authority (FSA) mean by risk‐based regulation and why have it? If the regulator adopts such an approach, how should the firms it regulates react? This paper outlines the risk‐based approach taken in the UK by the FSA and outlines strategies to cope with this type of approach. The paper also argues that in light of developments such as Basel such risk‐based approaches by regulators are here to stay and will become increasingly popular. The paper suggests that as well as establishing a riskbased approach, regulators should seek to make the system transparent and to invite comment on it.

The purpose of this paper is to examine, from the agency perspective, the influence of internal audit and audit committee attributes, as well as risk management and internal control systems, on the implementation of risk-based auditing among public-listed companies in Malaysia.

A questionnaire survey was distributed to the in-house internal audit function in approximately 620 public-listed companies. Consequently, data from 117 heads of the internal audit function was collected and analyzed.

The findings indicate that “audit committee review and concern” and “risk management system” are significantly and positively related to the implementation of risk-based auditing. Most importantly, the results indicate the importance of audit committee inputs and concerns in reviewing internal audit activities. Empirically, the findings also suggest that a more formalized risk environment would foster the existence of a strong risk-aware culture and hence provides a strong foundation for internal audit to implement risk-based auditing. However, internal audit experience, size of internal audit function, audit committee qualifications, and internal control system are not found to be significant predictors of the presence of risk-based auditing.

This study examined only risk-based auditing practices in the in-house internal audit function of public-listed companies; hence, the findings cannot be generalized to all Malaysian-listed companies that outsource or co-source their internal audit activities.

An effective internal monitoring mechanism and better quality of internal audit work will minimize potential risks that prevent the achievement of company objectives, reduce propensity to falsify financial information, and improve financial reporting quality.

This study contributes evidence concerning the relationship between internal monitoring mechanisms and the implementation of risk-based auditing among in-house internal audit activity.

The purpose of this paper is not only seek to trace developments that have contributed to the importance of risk in regulation, but also to justify why risk has become so significant within regulatory and governmental circles.

This task will be facilitated through a consideration of theories associated with risk, and by reference to two forms of risk regulation, namely risk‐based regulation and meta regulation. As well as a consideration of the application of both in jurisdictions such as the UK, the paper adopts a comparative approach through references to the their application in jurisdictions such as Germany, Italy, and the USA, and also through a comparison between meta‐regulatory strategies and risk‐based regulation.

This paper concludes that all regulatory strategies should take into consideration the importance of management responsibilities – both on individual and corporate levels. Meta‐risk regulation has not only assumed such a prominent position in regulation through its application in Basel II, but also is preferred to risk‐based regulation – not only because of the element of ambiguity which risk‐based regulation introduces into its assessment (through a consideration of the external environment of the firm), but also because of its impact of the use of external auditors in regulation and supervision.

The practical implications of a move towards risk‐based regulatory strategies, and meta‐regulatory strategies in particular, is that courts are simply not adequately equipped to deal with the pace with which some financial instruments, such as derivatives, operate.

This paper not only introduces originality through its comparative approach and the choice of jurisdictions involved, but also through the attention it draws to the need for more innovative techniques such as meta regulation. Meta regulation can be considered to be the most evolved and collaborative form of regulation, which is best suited for such an ever‐evolving and changing regulatory environment that currently exists.

Inspection and maintenance of plant and machinery has traditionally been based on prescriptive industry practices. However, increased experience and a greater understanding of operational hazards is leading sections of industry to take a more informed approach to planning inspection and maintenance, targeting resources to reduce the risk to as low as reasonably practicable. The purpose of this paper is to present an approach to asset management to minimize risks in the most cost effective way.

The approach shown optimizes run‐repair‐replace decision‐making in the integrity management of assets with the ultimate aim of maximising the impact of money spent on risk mitigation actions. The risk‐based approach, as opposed to the more conventional approaches, assesses failure in its wider context by considering not just the likelihood of failure, but also the consequences should the failure event occur.

The risk‐based methodology presents a cost‐effective way to minimise life cycle costs in the management of assets whilst maintaining reliability or availability targets, and operating within safety and environmental regulation.

In this paper, for demonstration, a wind turbine system consisting of a number of components including structural components is used. However, the methodology can be extended to any system in which components can be analyzed to provide the required inputs to the risk model.

At a time when competitive pressures force asset managers to prioritize their maintenance, the risk‐based methodology presented here is a rational, efficient and somewhat flexible way to asset integrity management.

Industry decision makers often rely on a risk-based approach to perform inspection and maintenance planning. According to the Risk-Based Inspection and Maintenance Procedure project for the European industry, risk has two main components: probability of failure (PoF) and consequence of failure (CoF). As one of these risk drivers, a more accurate estimation of the PoF will contribute to a more accurate risk assessment. Current methods to estimate the PoF are either time-based or founded on expert judgement. This paper suggests an approach that incorporates the proportional hazards model (PHM), which is a statistical procedure to estimate the risk of failure for a component subject to condition monitoring, into the risk-based inspection (RBI) methodology, so that the PoF estimation is enhanced to optimize inspection policies.

To achieve the overall goal of this paper, a case study applying the PHM to determine the PoF for the real-time condition data component is discussed. Due to a lack of published data for risk assessment at this stage of the research, the case study considered here uses failure data obtained from the simple but readily available Intelligent Maintenance Systems bearing data, to illustrate the methodology.

The benefit of incorporating PHM into the RBI approach is that PHM uses real-time condition data, allowing dynamic decision-making on inspection and maintenance planning. An additional advantage of the PHM is that where traditional techniques might not give an accurate estimation of the remaining useful life to plan inspection, the PHM method has the ability to consider the condition as well as the age of the component.

This paper is proposing the development of an approach to incorporate the PHM into an RBI methodology using bearing data to illustrate the methodology. The CoF estimation is not addressed in this paper.

This paper presents the benefits related to the use of PHM as an approach to optimize the PoF estimation, which drives to the optimal risk assessment, in comparison to the time-based approach.