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In a society in which cash is used less and less, everyone is leaving behind a trail of digital transactions, be they a citizen or a criminal. Banks and other parties have an obligation to report unusual transactions to a national watchdog. However, there is no insight into the data being exchanged, so we barely know what happens to our payment history details. Political scientist Pieter Lagerwaard has taken a closer look at the world of international finance surveillance.

What exactly was the subject of your research?

‘I looked at how Financial Intelligence Units (FIUs) in different countries exchange bank account details for investigative purposes. FIUs are relatively new organisations that operate at the interface of the public and private domains. As government agencies, they receive data from commercial parties, which they can pass on to the police and the judiciary. Their working method is not subject to any form of public scrutiny. This raises questions regarding proportionality, oversight and accountability.’

What does an FIU do?

‘FIUs collect and assess unusual transactions reported by businesses and individuals. Banks, lawyers, civil-law notaries and art galleries have a legal obligation to report these transactions to an FIU to combat money laundering and terrorist financing. If the FIU considers a transaction suspicious, it makes that transaction available to the investigative authorities.’

What is the problem with sharing bank account details?

‘They contain a lot of sensitive information, such as expenses, locations and sometimes even religious beliefs or political leanings. Citizens have no idea which data banks pass on to the FIU, in which databases these data are stored and how they can be shared with third parties. All of this makes sense from an investigative perspective, since these databases could contribute to the fight against crime. However, it also means people may be listed in a database of suspicious transactions without being aware of it, and without actually being suspected of anything. Moreover, FIUs are allowed to share these data with sister organisations in other countries, including countries that play fast and loose with human rights.’

How do you investigate something that is kept secret?

‘I focused on the working method of FIUs, rather than on the content of their investigations. I took a course for FIU staff, attended conferences and interviewed a great many people. I also compared various documents, such as annual reports, policy memoranda and minutes.’

Is there extensive cooperation between FIUs at the international level?

‘It depends. Information is often shared based on informal networks and mutual trust. FIU staff who know each other and believe they are passing sensitive information into good hands are more likely to work together. FIUs were established during the war on drugs to facilitate international investigations. Following the September 11 attacks, investigating terrorism was added to their responsibilities. All of this concerns a legal grey area. In the Netherlands, the FIU is part of the police and therefore part of the Ministry of Justice and Security. Its funding, however, is a matter for the Ministry of Finance. International regulations stipulate that FIUs should be able to operate autonomously. This complicates democratic oversight.’

What are the main conclusions of your research?

‘The relative autonomy and informal nature of international agreements make it possible to exchange transaction details between countries. This raises questions about the accountability and proportionality of FIUs. Who is responsible if a mistake is made? Which agencies monitor what sister organisations abroad do with the transaction details that are shared? Is financial surveillance proportional to the contribution to investigations? I hope people will start asking these questions in the public and political debate.’

Dr. P. (Pieter) Lagerwaard

Faculteit der Rechtsgeleerdheid

PPLE

2003-2006 Senior secondary vocational education training as Social Pedagogic Worker at Nova College in Haarlem
2005-2007 Social worker in the Netherlands and England
2008-2009 First year of the Bachelor’s programme in Social Work and Services at Inholland University of Applied Sciences in The Hague
2009-2012 Bachelor’s programme in Cultural Anthropology and Development Sociology at the UvA
2012-2014 Research Master’s programme in Social Sciences at the UvA, cum laude
2015-2017 Lecturer in anthropology and sociology at the UvA
2019-2020 Research grant at the University of Marburg in Germany
2017-present PhD thesis ‘Following Illicit Finance across Distance and Difference: The Coordination and Practices of Financial Intelligence Units’ at the UvA
2021-present Lecturer in the Bachelor’s programme in Politics, Psychology, Law and Economics (PPLE) at the UvA