Lecture 3. Applying a risk-based approach to a model AML/CFT regime
Key words
· activities
· bankers’ drafts
· commeasurable
· commodity futures
· customer
· customer due diligence (CDD)
· defense
· designated non-financial businesses and professions (DNFBPs)
· dissemination
· efficient allocation
· express trust
· factoring
· field operations
· financial commitments
· financial institutions
· financial intelligence unit (FIU)
· forfeiting
· index instruments
· interest rate instruments
· investigative authorities
· investment related
· judge
· law enforcement authorities
· liquid securities
· money laundering and terrorist financing typologies
· money or value transfer services (MVTS)
· money orders
· nominee shareholder
· operations
· prosecution
· record-keeping
· recourse
· regulatory agencies
· risk-based approach (RBA)
· safekeeping
· self-regulatory bodies (SRBs)
· sole practitioner
· supervisory agencies
· suspicious transaction report (STR)
· traveler’s cheques
· trial
· trust and company service providers (TCSP)
· undertaking
· underwriting
Key Questions
· List main actors of a national AML/CFT regime.
· What is record-keeping?
· Why is it important to undertake CDD measures?
· What is the purpose of regulating and supervising the private sector?
· How can the private sector produce information for an STR?
· What kind of relevant information can the FIU obtain?
· Why would the FIU compile money laundering and terrorist financing typologies?
· Why law enforcement authorities request information from the FIU?
· What is the risk-based approach?
· How does the risk-based approach allow to allocate resources efficiently?
· Why is it necessary for the AML/CFT measures to be commeasurable with the risks identified?
· Why do actors of a national AML/CFT regime need to have effective mechanisms of cooperation and coordination?
· At which levels do mechanisms of cooperation and coordination need to be established?
· What does underwriting and placement of life insurance mean?
· Why do insurance intermediaries have to be subjected to AML/CFT requirements?
· Why the financial leasing activity AML/CFT requirements do not extend to consumer products?
· List the means of payment that can be issued and managed.
· Which persons, related to provision of money or value transfer services, are exempt from AML/CFT requirements?
· List the money market instruments.
· List categories of designated non-financial businesses and professionals.
· Describe two groups of activities undertaken by trust and company service providers.
· List three goals of assessing national risks of money laundering and terrorist financing.
· Which actors serve as recipients of information on the results of country’s money laundering and terrorist financing risk assessments?
· When is it possible to apply AML/CFT requirements to another type of institution, activity, business or profession?
· Under which circumstances is it possible to make exemptions and decide not to apply AML/CFT requirements to a particular type of a financial institution, activity or DNFBP?
· What should persons whose activity has been exempt from AML/CFT requirements do with gathered information? Which of the FATF Recommendations applies?
3.1. Key institutions of a national AML/CFT regime
Compilation of money laundering and terrorist financing typologies for use by the private sector
Dissemination of information on persons who are suspected of money laundering or the financing of terrorism
Analysis of information in the FIU’s database
Investigation and field operations, e.g. making searches, taking witness statements
Law enforcement and investigative authorities
Requests of information on suspected money launderers and financiers of terrorism
Other information relevant to money laundering, predicate offences and terrorist financing
Financial intelligence unit (FIU)
Gathering evidence, preparing criminal charges, entering a lawsuit
Disseminating suspicious transactions reports (STRs) on operations or activities of customers with probable relation to money laundering or the financing of terrorism
Obtaining additional information on customers and their activities by FIU’s request
Prosecution
Judge
Financial institutions
Trial
Designated non-financial businesses and professions (DNFBPs)
Activities or operations for or on behalf of a customer