چکیده:
The concept of due diligence meaning the necessary vigilance and carefulness in fulfilling a legal obligation is one of international law principles which has significantly been confirmed and emphasized by international tribunals. Despite customary grounds of this principle's requirements, many treaties have incorporated and arranged it in contractual frameworks. The main domain of this principle is in the law of international responsibility, where implementation of states' obligations are examined, and it will be the basis for responsibility if a state fails to behave in accordance with due diligence requirements. As a matter of fact, that state does not observe the necessary carefulness in fulfilling its obligations. The importance of this principle is more tangible in state liability in trans-boundary harms. The principle of due diligence has entered into international financial regulation, including FATF recommendations, and has created some commitments for states and financial institutions. The concept of due diligence has been used in two exclusive and general meanings in FATF regulations having some similarities and differences with its implications in international law. Despite clarifying the concept of due diligence in international law and FATF Regulations, this article deals with these functional approximations and separations and their effects.
خلاصه ماشینی:
In implementing this standard, states are obliged to exercise due diligence, meaning that in protecting a foreign investor, the state must take logical and reasonable measures that customary international law considers 50 necessary.
The International Criminal Tribunal for Rwanda, in the Akayesu case, states that Common Article 3 of the Geneva Conventions, which is part of customary international law, along with the additional protocols, expresses the minimum and unconditional standard of obligations that states and non-state actors must observe during armed conflicts between the parties involved;64 therefore, countries must adopt behavior consistent with the frameworks of due diligence in fulfilling these minimums.
A. Specific Concept In the framework created by the Financial Action Task Force for the purpose of combating money laundering and terrorist financing, identifying the person who conducts financial transactions is among the essential elements of the AML/CFT system;136 meaning that financial institutions are obliged to adopt mechanisms through which they obtain the necessary information to verify the identity of their customers.
Consequently, the above article places the responsibility of taking appropriate measures within the framework of due diligence requirements on the respective country and financial institution, so that they act as a reasonable and conventional entity to take necessary steps to combat money laundering and terrorist financing.
However, the provisions that refer to the legal concept of the aforementioned principle, such as the requirements of this principle in international law, possess the characteristics of secondary obligations, such as Recommendation 19, which requires states to adopt due diligence behavior in order to implement counter-measures against non-compliant countries.
(
, 
, 
)
