An Integrated Conceptual Model of Iran's Criminal Policy in Managing the Unorganized Monetary and Foreign Exchange Market: Challenges and Solutions

Document Type : Research Paper

Authors

1 PhD student, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran

2 Associate Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran

3 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran

Abstract

Introduction
In recent years, the informal foreign exchange market has emerged as a significant economic and security challenge in Iran. This market encompasses currency transactions conducted outside the official framework of the Central Bank and formal financial networks, playing a pivotal role in determining exchange rates and shaping informal financial flows. Despite the adoption of numerous regulations, a considerable portion of these transactions continues to occur within the shadow economy, rendering
control over the formal market increasingly difficult. The consequences of this situation include economic instability, heightened corruption, the expansion of financial crimes, reduced investment, and declining public trust. This study aims to examine Iran's structural, institutional, and legislative criminal policy challenges and to propose an integrated conceptual model to improve the efficiency of managing currency-related crimes.
 
Methods
 This study was conducted using a descriptive-analytical method. Legal documents, official reports of the Central Bank, previous studies, and scientific articles related to the informal foreign exchange market and economic criminal policy were reviewed and analyzed. In addition, the analytical framework was designed based on the literature of economic criminology, criminal policy, and exchange governance in order to examine the relationship between economic policymaking, institutional regulation, and criminal intervention. Through this approach, legal gaps, weak coordination among responsible institutions, and the consequences of suppressive policies on the expansion of informal markets were identified. The main focus of this research is the identification of crime-generating structures and the proposal of solutions to reduce risks caused by currency fluctuations and informal activities.
 
Results and Discussion
 The findings of this study indicate that the challenges of Iran's informal foreign exchange market are not merely the result of legal gaps or weak enforcement of regulations; rather, their primary roots lie in the lack of coordination among economic policymaking, institutional regulation, and criminal intervention. The analysis of data and documents shows that the dominance of suppressive approaches and the extensive reliance on criminal sanctions, combined with insufficient attention to the economic mechanisms generating informal demand for foreign currency, have failed to prevent the expansion of this market. The significant disparity between official and unofficial exchange rates, volatility in exchange rate policies, lack of stability in economic decision-making, and contradictory signals sent to market participants have strengthened speculative incentives, increased currency hoarding, and expanded illicit financial activities. In addition, economic sanctions, trade restrictions, reduced access to official foreign currency resources, and inefficiencies in supply and demand management have facilitated the emergence of economic rents, illegal brokerage, and the expansion of informal financial networks.
The findings further demonstrate that the absence of transparency in regulatory systems and weak coordination among the Central Bank, the Ministry of Economic Affairs and Finance, supervisory bodies, customs authorities, and the judiciary have resulted in fragmented, reactive, and non-targeted criminal enforcement measures with limited effectiveness in reducing currency-related crimes. Moreover, excessive reliance on punitive instruments without reforming underlying crime-generating economic structures has led to the displacement of illegal activities into more complex, concealed, and increasingly technologically sophisticated forms. Based on the analysis, an effective criminal policy in this area must be grounded in an integrated approach in which criminal intervention plays a complementary rather than central role.
 
Conclusion
The findings indicate that without coordination among economic policymaking, institutional regulation, and criminal intervention, suppressive policies will only produce short-term effects, while informal markets continue to expand. The proposed integrated conceptual model, focusing on reducing structural rents, strengthening intelligent data-driven supervision, and applying targeted criminal intervention, can contribute to reducing currency-related crimes, stabilizing the formal market, improving economic transparency, and enhancing public trust in government policies.

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