Anti Money Laundering
|
|
- Warren Hensley
- 7 years ago
- Views:
Transcription
1 Anti Money Laundering
2 Disclaimer Although all reasonable care have been taken to ensure that the content of this factsheet is accurate and reflects industry best practice and regulations, members should always consider their individual circumstances when using this document. The content of this document does not constitute legal advice and in certain circumstances, it may be necessary for members to seek expert legal advice. AAT will accept no liability for loss caused to any person or entity as a result of acting or refraining to act in accordance with any material in this factsheet. Third party websites Although all reasonable care have been taken when selecting third party websites, AAT is not responsible for the contents or reliability of the linked web sites. AAT accepts no liability for any linked sites and their content and it is important that you take necessary precautions, especially to ensure appropriate safety from viruses and other potentially destructive items. We cannot guarantee that the links will work all of the time and we have no control over the availability of the linked pages. As in all cases, when visiting external websites, you should review those websites' privacy policies and other terms of use to learn more about how they collect and use any personally identifiable information.
3 Introduction This fact sheet is intended to provide an overview of the main requirements of the Anti Money Laundering/anti-terrorist financing legislation, as it affects AAT licensed members. This abridged guidance is designed to be read in conjunction with industry and AAT guidance on Anti Money Laundering including the Anti Money Laundering toolkit issued to AAT licensed members. All money laundering related queries should be sent to The legislation The UK Anti Money Laundering Legislation (AMLL) consists of: The Proceeds of Crime Act 2002 (POCA) The Terrorism Act 2000 (TA) Money Laundering Regulations 2007 The Bribery Act 2010 Application of the UK AMLL POCA and TA define money laundering and terrorist financing and impose very similar obligations upon individuals within the regulated sector, including those involved in providing accountancy services to clients, to submit: 1. An internal report to a Money Laundering Reporting Officer (MLRO), by those in a group practice 2. A suspicious activity report (SAR) to the National Crime Agency (NCA), by sole practitioners and MLROs. The Regulations impose duties upon sole traders and firms (not employees) to establish and maintain practice policies and procedures to detect and deter activities relating to money laundering and terrorist financing. Definitions The following definitions are paraphrased versions of those contained in POCA and TA. Money laundering To acquire, possess or deal in a benefit obtained from a criminal act or to facilitate someone else to do so, when knowing or suspecting that the benefit was obtained from a criminal act. Terrorist financing Fundraising, possessing or dealing with property or facilitating someone else to do so, when intending, knowing or suspecting or having reasonable cause to suspect that it is intended for the purposes of terrorism. Money laundering involves the proceeds of crime, while terrorist financing may involve legitimate property or the proceeds of crime.
4 The 2007 Money Laundering Regulations Policies and procedure The policies and procedures required by the 2007 ML Regulations must relate to: customer due diligence on new clients on-going monitoring of existing clients and transactions internal reporting to a MLRO internal control risk assessment and management internal communication of policies and procedures monitoring and management of compliance with policies and procedures record keeping staff training Risk sensitive approach The policies and procedures must be applied on a risk sensitive basis. This means that there is no industry standard. Each practice must establish policies and procedures that are proportionate to the risks of its services being exploited by money launderers and terrorist financiers. Therefore, policies and procedures will vary according to the individual circumstances of each practice. The requirement to establish policies and procedures on a risk-sensitive basis is intended to increase the likelihood of you detecting and deterring activity connected with money laundering and terrorist financing - not to eliminate it. There is no zero tolerance approach in this regard. The risks The risks of your services being exploited for money laundering and terrorist financing consist of a combination of three elements: opportunity for a client to engage in money laundering or terrorist financing - exists irrespective of the client s honesty. For example, high cash businesses, and transactions and legal structures with overseas involvement or which tend to obscure ownership are deemed to provide heightened opportunity. likelihood of an opportunity being exploited is dependent upon the nature of the particular client. New clients about whom you have not accumulated much know your client information are considered more likely to be exploitative than long standing clients, as are clients whose transactions or structures are opaque or have no apparent economic purpose, as opposed to those with open and transparent dealings. impact in terms of detriment to society should the opportunity be exploited. The detriment to society of the more anti-social crimes, such as drug smuggling, people trafficking, theft, etc. Risk assessment Before you can devise risk sensitive policies and procedures, you need to have a reasonable estimate of the risks to which your practice is exposed. This necessitates the carrying out of a risk assessment of your practice in light of your client profile, the services you provide and your current management policies. It is important to note that the risk assessment does not have to be sophisticated, a simple risk register should be sufficient for small practices covering all known risks of money laundering.
5 Applying policies and procedures generally and to individual clients You should assess the general risks to which your practice is exposed. This will enable you to establish and maintain appropriate and proportionate policies and procedures in the context of your practice. However, the policies and procedures must be applied in relation to individual clients. Therefore, the risk presented by each client must also be individually assessed and may be categorised as high, medium or low risk, according to your risk register or other assessment. AAT has produced template risk assessment forms for AAT licensed members we supervise for money laundering compliance. Required policies and procedures Customer due diligence (CDD) CDD must be applied to new clients before you provide your services to them. The one exception to this is where to do so would interrupt the normal conduct of business and there is little risk of money laundering or terrorist financing, in which case you must always find out who the client claims to be before commencing the client s instructions and complete CDD as soon as you reasonably can afterwards. There are three elements to CDD 1. Find out who the client claims to be name, address, date of birth and obtain evidence (on a risk sensitive basis) to check that the client is as claimed. The amount and strength of evidence you require can be standardised for medium and low risk clients. For high risk clients, you must conduct enhanced CDD to compensate for the higher risk. 2. Obtain evidence (on a risk sensitive basis) so that you are satisfied that you know who any beneficial owners are. This means that beneficial owners must be considered on an individual basis rather than banded for standardised evidence. Generally, a beneficial owner is an individual who ultimately owns 25% or more of the client or the transaction property. 3. Obtain information on the purpose and intended nature of the transaction. The evidence you obtain can be documentary, data or information from a reliable and independent source or a mix of all of these. A reliable independent source refers to the producer of the evidence, such as a Government department, not necessarily the person who supplies you with it, who may be the client. Also, there is no requirement to take photocopies of the evidence. It is sufficient to make a note of it so that it can be traced, and the item can then be traced using unique reference numbers and dates. The CDD requirement may vary according to circumstance. You must conduct enhanced CDD in relation to a client who has not attended your practice for identification purposes (non face-to-face clients), is a politically exposed person or is otherwise a high risk client. You may conduct simplified CDD in relation to certain products and entities, such as a child trust fund, certain insurance contracts and pension schemes, listed companies, limited partnerships, banks, UK public authorities. If you cannot complete CDD, you must not act for the client and should consider whether to submit an Internal Report or SAR, as appropriate (see Duty to Report).
6 On-going monitoring You must apply on-going monitoring to existing clients. This means that you must: carry out appropriate and risk sensitive CDD measures to any transaction which appears to be inconsistent with your knowledge of the client or the client s business or risk profile. For example, if a client suddenly has an injection of significant funds, check the source of funds. If a beneficial owner is revealed, obtain evidence of the beneficial owner s identity and the nature and purpose of the injection of the funds keep CDD documents, data and information up to date. For example, if a client company has a change to its directorship, update your records accordingly. Record keeping Your records should maintain a paper trail to facilitate any future law enforcement investigation relating to your client, and demonstrate that you have complied with your statutory obligations. Your records should consist: copies of or reference to the CDD identification evidence. These records must be kept for five years starting with the date on which your relationship with the clients ends copies or originals of documents relating to transactions that have been subject to CCD measures or ongoing monitoring. These must be kept for five years starting with the date on which you completed the client s instructions a note of your policies and procedures and their application. Internal control This is a catch all to encourage you to respond to risks, which are not subject to specific policy and procedure requirements in the Regulations. Risk assessment and management You should conduct a risk assessment at intervals appropriate for your own practice. This could be by reexamining your risk register, or repetition of any other method you use. You should amend your policies and procedures as required in order to keep risks to a tolerable level. Internal reporting procedure Internal reporting procedures require firms to nominate a MLRO and to ensure that internal reports are directed to the MLRO. In light of information available to the MLRO, the MLRO must decide whether to submit a SAR to NCA on behalf of the firm, and whether the firm requires consent before providing its professional services to the client. Internal communication of policies and procedures Once the requisite policies and procedures are in place, you must ensure that all relevant personnel within your firm are familiar with them to the extent necessary, given their respective roles. Monitoring and management of compliance You must take steps to ensure that your employees comply with your practice s policies and procedures.
7 Training You must ensure that relevant staff are given training at appropriate intervals on how to recognise a suspicious transaction, and how and to whom to Report their suspicions to. If you do not employ staff, then you must ensure that you undertake regular training as above. We recommend AML training when assessing CPD requirement. Supervision All accountancy sole traders and firms providing professional services to clients by way of business must be supervised in their compliance with the regulations. AAT s method of supervision is by: helping you to understand the anti money laundering legislation by providing guidance and support only making you do what is really necessary on a risk sensitive basis and making you aware of any simplified procedures where noncompliance is identified, working with you to correct this to ensure full compliance where a blatant breach, continued breach or disregard for the legislation is identified, taking appropriate action. POCA and TA Duties to report There are two circumstances (subject to exceptions, below) when you must submit an internal report or a SAR (collectively referred to below as a report), as appropriate, namely: 1. When you wish to provide services in relation to property which you actually know or suspect relates to money laundering or terrorism financing. In such circumstances, you must indicate in the Report that you require consent to provide such services, and refrain from doing so until you receive actual or deemed consent 2. When you actually know or suspect or there are reasonable (objective) grounds for you to know or suspect that another person is engaged in money laundering or terrorist financing, whether or not you wish to act for such person. The person in question could be a client, a colleague or third party. Note: You do not require consent when you: do not intend to act in relation to the suspect property do intend to act but you do not actually know or suspect that the property relates to money laundering or terrorist financing, even though reasonable grounds may exist. Exceptions to the duties to report The duties to report do not apply if: 1. The information which forms the basis of your knowledge or suspicion or the reasonable grounds to know or suspect came to you other than in the course of business, for example, on a social occasion. 2. The information came to you in privileged circumstances that is, in order for you to provide legal advice, such as explaining a client s tax liability, except when you judge that your advice has been sought to enable the client to commit a criminal offence or avoid detection; or expert opinion or services in relation to actual or contemplated legal proceedings. 3. You have a reasonable excuse for not reporting, in which case you must report as soon as reasonable in the circumstances.
8 Tipping off If you know or suspect that a report has been made, you will commit an offence if you disclose any information that is likely to prejudice any actual or contemplated investigation following a report. Note: the report does not have to have been made by you, you merely need to know or suspect that one has been made to a MLRO, NCA, HMRC or the police. Dealing with NCA Although internal reports can be in any form determined by the firm, SARs made to NCA must be in writing. NCA prefers you to use their online SAR Forms.
Professional Ethics Study and assessment guide
Professional Ethics Study and assessment guide 2013 AAT Accounting Qualification Version date: December 2013 (version 3) c Changes to the previous version of this document are shown in blue Professional
More informationStates of Jersey Police & Customs Joint Financial Crimes Unit. Guide to compiling a Suspicious Activity Report (SAR)
States of Jersey Police & Customs Joint Financial Crimes Unit Guide to compiling a Suspicious Activity Report (SAR) 1. Introduction 1.1. This document has been produced to assist compliance and money laundering
More informationANTI-MONEY LAUNDERING POLICY AND GUIDANCE NOTES
ANTI-MONEY LAUNDERING POLICY AND GUIDANCE NOTES MARCH 2016 CONTENTS PAGE Policy SADC Anti-Money Laundering Policy Statement 3 Money Laundering Guidance Notes Background 5 Treasury Management 6 Miscellaneous
More informationPractice Note. 12(Revised) September 2010 MONEY LAUNDERING GUIDANCE FOR AUDITORS ON UK LEGISLATION
September 2010 Practice Note 12(Revised) MONEY LAUNDERING GUIDANCE FOR AUDITORS ON UK LEGISLATION The Auditing Practices Board (APB), which is part of the Financial Reporting Council (FRC), prepares for
More informationCayman Islands Compliance Officer and the Role of the Money Laundering Reporting Officer
Cayman Islands Compliance Officer and the Role of the Money Laundering Reporting Officer Introduction Money laundering is the process by which the direct or indirect benefit of crime is channelled through
More informationANTI-MONEY LAUNDERING POLICY. Introduction
ANTI-MONEY LAUNDERING POLICY Introduction This Policy outlines how the University and its employees will manage money laundering risks and comply with its legal obligations under the Proceeds of Crime
More informationAnti Money Laundering. Cork. Fergus Bradley November 2011
Anti Money Laundering Cork Fergus Bradley November 2011 Program Objectives Define Money Laundering Understand Corporate & Personal responsibilities i Define some Best Practices Keep up to date with changes
More informationTHE UK S ANTI-MONEY LAUNDERING LEGISLATION AND THE DATA PROTECTION ACT 1998 GUIDANCE NOTES FOR THE FINANCIAL SECTOR. April 2002
THE UK S ANTI-MONEY LAUNDERING LEGISLATION AND THE DATA PROTECTION ACT 1998 GUIDANCE NOTES FOR THE FINANCIAL SECTOR April 2002 Introduction 1. This guidance has been prepared by the Government departments
More informationTo update Market Participants on developments in Money Laundering legislation
market bulletin Ref: Y4161 Title Purpose Type From Money Laundering To update Market Participants on developments in Money Laundering legislation Updated Money Laundering Guidance Andy Wragg, International
More informationADVANCED ANTI-MONEY LAUNDERING COURSE. Course Notes
ADVANCED ANTI-MONEY LAUNDERING COURSE Course Notes Course Provider: Course: Riliance Training Limited Advanced Continuing Professional Development (CPD) The person undertaking this course has been awarded
More informationCORNWALL COUNCIL GUIDANCE NOTE ANTI-MONEY LAUNDERING POLICY
CORNWALL COUNCIL GUIDANCE NOTE ANTI-MONEY LAUNDERING POLICY 1.0 INTRODUCTION 1.1 Historically, legislation seeking to prevent the laundering of the proceeds of criminal activity was aimed at professionals
More informationMoney Laundering Made Simple
Money Laundering Made Simple David Winch, May 2006 Don t panic - David Winch says that a lawyer s money laundering obligations are quite straightforward, really the simple, two question approach practical
More informationMoney laundering: the prevention of money laundering and combating the financing of terrorism Guidance for remote and non-remote casinos Second
Money laundering: the prevention of money laundering and combating the financing of terrorism Guidance for remote and non-remote casinos Second edition July 2013 Contents Part 1: Summary of the guidance
More informationPetfre (Gibraltar) Ltd t/a Betfred.com Settlement following a licence review - public statement June 2016
Petfre (Gibraltar) Ltd t/a Betfred.com Settlement following a licence review - public statement June 2016 The issues identified in this statement are likely to form the basis for future compliance assessments
More informationNOTICE TO BANKS MONETARY AUTHORITY OF SINGAPORE ACT, CAP. 186 PREVENTION OF MONEY LAUNDERING AND COUNTERING THE FINANCING OF TERRORISM - BANKS
MAS 626 2 July 2007 Last revised on 1 July 2014 (Refer to endnotes for history of amendments) NOTICE TO BANKS MONETARY AUTHORITY OF SINGAPORE ACT, CAP. 186 PREVENTION OF MONEY LAUNDERING AND COUNTERING
More informationAnti-money laundering guidance for trust or company service providers
Anti-money laundering guidance for trust or company service providers MLR8 TCSP Contents 1 Introduction 1 Purpose of this guidance 1 Status of the guidance 2 Contents of this guidance 2 2 Background 3
More informationLaw Society of England and Wales - Chapter 3 - Money Laundering Regulations 2003
Law Society of England and Wales - Chapter 3 - Money Laundering Regulations 2003 Cut down version copied (on 5 November 2006) from: http://www.lawsociety.org.uk/professional/conduct/guideonline/view=page.law?policyid=225045
More informationCode of Professional Ethics
Code of Professional Ethics The AAT Code of Professional Ethics is based on the Code of Ethics for Professional Accountants of the International Ethics Standards Board for Accountants, published by the
More informationHANDBOOK FOR FINANCIAL SERVICES BUSINESSES ON COUNTERING FINANCIAL CRIME AND TERRORIST FINANCING
HANDBOOK FOR FINANCIAL SERVICES BUSINESSES ON COUNTERING FINANCIAL CRIME AND TERRORIST FINANCING 15 December 2007 (updated March and April 2013) (Chapters 10 and 14 updated in accordance with Instructions
More informationMoney Laundering Regulations 2007: supervision of Estate Agency Businesses
Money Laundering Regulations 2007: supervision of Estate Agency Businesses Contents 1. Money laundering and Estate Agency Businesses 2. Responsibilities of senior managers 3. Policies and procedures 4.
More informationAccess to Information by Succeeding Auditors
AA Access to Information by Succeeding Auditors September 2011 The Institute of Certified Public Accountants in Ireland Disclaimer This document has been developed by the Consultative Committee of Accountancy
More informationPurpose of this document
Independent Financial Advisors (IFAs), Mortgage Brokers and Retail Intermediaries: Identifying Risks to your Business and Reporting Suspicious Activity This is a United Kingdom Financial Intelligence Unit
More informationNon Financial Anti Money Laundering/Anti Terrorist Financing (AML/CFT) Regulations
Non Financial Anti Money Laundering/Anti Terrorist Financing (AML/CFT) Regulations Contents The contents of this module are divided into the following chapters, sections and schedules: CITATION... 1 ARTICLE
More informationAnti-Money Laundering and Counter- Terrorism Financial Policy
Anti-Money Laundering and Counter- Terrorism Financial Policy Version: March 2014 1. INTRODUCTION...3 2. DEFINITIONS...3 3. RISK-BASED APPROACH...3 4. AML COMPLIANCE OFFICER...4 5. SUSPICIOUS TRANSACTION
More informationThe Transfer of Funds (Alderney) Ordinance, 2007
The Transfer of Funds (Alderney) Ordinance, 2007 ARRANGEMENT OF SECTIONS PART I INFORMATION TO ACCOMPANY TRANSFERS OF FUNDS 1. Application. 2. Information accompanying transfers of funds and record keeping.
More informationAnti Money Laundering. Cork. Fergus Bradley Jan 2014
Anti Money Laundering Cork Fergus Bradley Jan 2014 Agenda Focus on key obligations of AML Review CBI industry feedback Look at practical steps in AML in business Incorporate CJA Act 2013 implications CBI
More informationANTI-MONEY LANDERING & COUNTER TERRORISM FINANCING POLICY
ANTI-MONEY LANDERING & COUNTER TERRORISM FINANCING POLICY Company: Union Standard International Group Pty Ltd Company trading as: USGFX ACN: 117 658 349 AFSL: 302792 Date Updated: 11 th November 2014 1
More informationThe proposed Fourth Money Laundering Directive
The proposed Fourth Money Laundering Directive What the proposed Directive means and how to keep your business safe USING IDENTITY INTELLIGENTLY Money Laundering Directive What the proposed Directive means
More informationGeneral overview of changes. Legislative changes. Andrew Le Brun Hamish Armstrong Financial crime policy. Overview (1)
General overview of changes Andrew Le Brun Hamish Armstrong Financial crime policy 1 Legislative changes 2 Overview (1) Legislative changes Money Laundering (Amendment No. 6) (Jersey) Order 2013 ( MLO
More informationPREVENTION OF MONEY LAUNDERING AND COUNTERING THE FINANCING OF TERRORISM - BANKS
MAS Notice 626 24 April 2015 Last revised on 30 November 2015 (Refer to endnotes for history of amendments) NOTICE TO BANKS MONETARY AUTHORITY OF SINGAPORE ACT, CAP. 186 PREVENTION OF MONEY LAUNDERING
More informationACT. [Long title substituted by s. 27 (1) of Act 33 of 2004.]
FINANCIAL INTELLIGENCE CENTRE ACT 38 OF 2001 [ASSENTED TO 28 NOVEMBER 2001] [DATE OF COMMENCEMENT: 1 FEBRUARY 2002] (Unless otherwise indicated) (English text signed by the President) as amended by Protection
More information(unofficial English translation)
REGULATION ON PREVENTION OF MONEY LAUNDERING AND FINANCING OF TERRORISM FOR MONEY TRANSFER BUSINESSES AND MONEY CHANGING BUSINESSES (unofficial English translation) REGULATION ON PREVENTION OF MONEY LAUNDERING
More informationCORRUPTION. A Reference Guide and Information Note. to support the fight against Corruption. Safeguarding public sector integrity
FINANCIAL ACTION TASK FORCE CORRUPTION A Reference Guide and Information Note on the use of the FATF Recommendations to support the fight against Corruption The Financial Action Task Force (FATF) is the
More informationAPPROVED BY BOARD 11 MARCH 2014/APPROVED BY HMT 29 JULY 2014
11A: Consumer credit providers Note: This sectoral guidance is incomplete on its own. It must be read in conjunction with the main guidance set out in Part I of the Guidance. Overview of the Sector 1.
More informationDRUG TRAFFICKING OFFENCES (AMENDMENT) ACT 2004
ANGUILLA DRUG TRAFFICKING OFFENCES (AMENDMENT) ACT 2004 PUBLISHED BY AUTHORITY DRUG TRAFFICKING OFFENCES (AMENDMENT) ACT 2004 ARRANGEMENT OF SECTIONS SECTION 1. Interpretation 2. Amendment of section 1
More informationAnti-Bribery and Corruption Policy
Newcrest strictly prohibits bribery and other unlawful or improper payments made to any individual or entity, as outlined in this Anti-Bribery & Corruption Policy. Newcrest's Anti- Bribery & Corruption
More informationDr. Nicholas Ryder Professor in Financial Crime Department of Law
Money laundering and the United Kingdom: a haven for dirty money and an endless cycle? A critical reflection on the United Kingdom s anti-money laundering policies Dr. Nicholas Ryder Professor in Financial
More informationREGULATION FOR LIFE INSURANCE AND FAMILY TAKAFUL INSURANCE BUSINESSES ON PREVENTION OF MONEY LAUNDERING AND FINANCING OF TERRORISM
REGULATION FOR LIFE INSURANCE AND FAMILY TAKAFUL INSURANCE BUSINESSES ON PREVENTION OF MONEY LAUNDERING AND FINANCING OF TERRORISM (unofficial English translation) REGULATION FOR LIFE INSURANCE AND FAMILY
More informationPolicy on Prevention of Money Laundering and Terrorist Financing ABH Holding S.A.
Policy on Prevention of Money Laundering and Terrorist Financing ABH Holding S.A. 2013 CONTENT 1. GENERAL PROVISIONS... 3 2. THE SCOPE AND APPLICABILITY... 3 3. THE PURPOSE OF THE POLICY... 3 4. OBJECTIVES...
More informationAnti-money laundering guidance for solicitors undertaking property work
Anti-money laundering guidance for solicitors undertaking property work Thursday 22 December 2005 Introduction 1.Solicitors conducting conveyancing are at risk of money laundering because property transactions
More informationApplication for Status as a Registered Bank:
Application for Status as a Registered Bank: Material to be provided to the Reserve Bank Prudential Supervision Department Document Issued: Introduction 2 1. This release identifies the information which
More informationClient Update Fourth Anti-Money Laundering Directive Comes Into Force
1 Client Update Fourth Anti-Money Laundering Directive Comes Into Force OVERVIEW LONDON Karolos Seeger kseeger@debevoise.com Matthew Howard Getz mgetz@debevoise.com Alex Parker aparker@debevoise.com Ceri
More informationMPS GROUP GLOBAL ANTI-MONEY LAUNDERING POLICY
Siena, march 2012 Pag. 1 di 5 MPS GROUP 1 - A p p l i c a t i o n This Global Anti-Money Laundering Policy (Policy) applies to all Banca Monte dei Paschi di Siena subsidiaries and branches (collectively
More informationGUIDANCE NOTE NATURAL PERSONS CARRYING ON A SINGLE CLASS OF TRUST COMPANY BUSINESS (APPLICATION PROCESS AND ON-GOING REGULATORY REQUIREMENTS)
GUIDANCE NOTE NATURAL PERSONS CARRYING ON A SINGLE CLASS OF TRUST COMPANY BUSINESS (APPLICATION PROCESS AND ON-GOING REGULATORY REQUIREMENTS) Issued: February 2009 Last revised: August 2013 Contents 1
More informationFraud and the Government Internal Auditor
Fraud and the Government Internal Auditor January 2012 Fraud and the Government Internal Auditor January 2012 Official versions of this document are printed on 100% recycled paper. When you have finished
More informationTEMPLATE FOR REFERENCE ONLY
TEMPLATE FOR REFERENCE ONLY According to the Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance, Chapter 615, Laws of Hong Kong, it is the responsibility of each financial
More informationACCOUNTANTS AND TAX ADVISORS
ACCOUNTANTS AND TAX ADVISORS Sector Specific AML/CFT Guidance Notes May 2015 Whilst this publication has been prepared by the Financial Supervision Commission, it is not a legal document and should not
More information??????????? MONEY LAUNDERING REPORTING OFFICER (MLRO)
??????????? MONEY LAUNDERING REPORTING OFFICER (MLRO) REQUIREMENTS TO HAVE AN MLRO INTERNATIONAL REQUIREMENT DOMESTIC LEGISLATION RULE BOOK AML/CFT HANDBOOK FATF RECOMMENDATIONS R 13. If a financial institution
More informationFAQs Organised Crime and Anti-corruption Legislation Bill
FAQs Organised Crime and Anti-corruption Legislation Bill What is organised crime? Organised crime normally refers to an organisation of criminals who engage in illegal activity on a large, centralised
More informationMoney Laundering The Legal Position Andrew Campbell University of Leeds a.campbell@leeds.ac.uk
Money Laundering The Legal Position Andrew Campbell University of Leeds a.campbell@leeds.ac.uk Introduction Why is this important? Most of us will now be covered to some extent by the anti money laundering
More informationDuties and responsibilities under the Proceeds of Crime Act 2002 Advice to operators (excluding casino operators) Second edition
Duties and responsibilities under the Proceeds of Crime Act 2002 Advice to operators (excluding casino operators) Second edition September 2014 Contents Part 1 - Introduction and summary of the advice
More informationFederal Act on Combating Money Laundering and Terrorist Financing in the Financial Sector 1
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force. Federal Act on Combating Money Laundering and Terrorist
More informationANTI-MONEY LAUNDERING GUIDANCE FOR MEMBERS OF THE BODIES AFFILIATED TO THE CONSULTATIVE COMMITTEE OF ACCOUNTANCY BODIES IN IRELAND (CCAB-I)
ANTI-MONEY LAUNDERING GUIDANCE FOR MEMBERS OF THE BODIES AFFILIATED TO THE CONSULTATIVE COMMITTEE OF ACCOUNTANCY BODIES IN IRELAND (CCAB-I) Guidance for those providing audit, accountancy, tax advisory,
More informationAn Introduction to the UK Anti-Money Laundering Regime. slaughter and may. March 2008
An Introduction to the UK Anti-Money Laundering Regime slaughter and may March 2008 contents 1. Introduction 1 1.1 Money Laundering 1 1.2 The Regulated Sector 1 2. UK Anti-Money Laundering Measures 3 2.1
More informationImpact of the Proceeds of Crime (Money Laundering) Act on Lawyers' Ethical And Fiduciary Duties to Clients
Impact of the Proceeds of Crime (Money Laundering) Act on Lawyers' Ethical And Fiduciary Duties to Clients By: Victoria Rees, Director of Professional Responsibility Nova Scotia Barristers' Society Regulations
More informationText of the Recommendation and Interpretative Notes
1 of 5 FATF Recommendation 5: Customer due diligence and record-keeping Text of the Recommendation and Interpretative Notes See also: The full text of the 40 Recommendations and interpretative notes Return
More informationAnti-Money Laundering and International Sanctions guidance for Coverholders
Anti-Money Laundering and International Sanctions guidance for Coverholders Introduction The purpose of this document is to provide general high-level guidance in relation to antimoney laundering ( AML
More informationANTI-MONEY LAUNDERING GUIDANCE FOR THE ACCOUNTANCY SECTOR
PO Box 433 Chartered Accountants' Hall Moorgate Place, London EC2P 2BJ Telephone: 020 7920 8100 Facsimile: 020 7628 1874 Email: admin@ccab.org.uk Website: http://www.ccab.org.uk The Institute of Chartered
More informationRegulations concerning measures to combat money laundering and the financing of terrorism, etc.
Regulations concerning measures to combat money laundering and the financing of terrorism, etc. Translation as of April 2009. This translation is for information purposes only. Legal authenticity remains
More information(Unofficial translation by the Financial and Capital Market Commission)
(Unofficial translation by the Financial and Capital Market Commission) Text consolidated with amending laws of 12 December 2008; 01 December 2009; 10 December 2009. If a whole or part of a section has
More informationTrust and transparency. Small Business, Enterprise and Employment Bill: Trust and transparency
Small Business, Enterprise and Employment Bill: 1 Government proposals to increase transparency of ownership and control of UK businesses came a step closer on 25 June 2014 with the publication of the
More informationAnti-money laundering and countering the financing of terrorism the Reserve Bank s supervisory approach
Anti-money laundering and countering the financing of terrorism the Reserve Bank s supervisory approach Hamish Armstrong In September 2010, a Bulletin article set out the Reserve Bank of New Zealand s
More informationReporting and tipping off
Reporting and tipping off Andrew Le Brun Vladimir Jizdny Financial crime policy 1 Overview Reporting knowledge or suspicion Reporting requirement Person carrying on a financial services business Person
More informationlow levels of compliance with the regulations and POCA by negligent HVD operators are enabling criminals to launder the proceeds of crime
6.185 Under the regulations HMRC must maintain a registry of HVDs. However the regulations do not enable HMRC to conduct a fit and proper person test on those who seek to register as an HVD. From 2004
More informationAAT CODE OF PROFESSIONAL ETHICS 2014
AAT CODE OF PROFESSIONAL ETHICS 2014 Contents 4 Foreword 5 Introduction 7 Part A: General application of the Code 9 Section 100 Introduction and code of fundamental principles 13 Section 110 Integrity
More informationUNDERSTANDING MONEY LAUNDERING
UNDERSTANDING MONEY LAUNDERING Preface In light of the international concerns growing on money laundering and the financing of terrorist activities, many countries have taken rigorous measures to curb
More informationPosition of the GOJ regarding the Proceeds of Crime Act (POCA) implementation of task force headed by BOJ
The Proceeds of Crime Act Considerations Regarding The Duties of Attorneys by Allan S Wood Q.C. Jamaican Bar Association/General Legal Council Continuing Legal Education Seminar 19 th November 2011 Position
More informationING DIRECT Customer Identification Procedures for Brokers
ING DIRECT Customer Identification Procedures for Brokers Managing obligations of the Anti-Money Laundering and Counter-Terrorism Financing Act ( AML/CTF Act ) for the purpose of Customer Identification
More informationAnti-Money Laundering and Countering Financing of Terrorism (AML/CFT) Guide for small financial adviser businesses
r PAGE Anti-Money Laundering and Countering Financing of Terrorism (AML/CFT) Guide for small financial adviser businesses In this guide you will find: Who is this guide for?... 3 What does this guide do?...
More informationSURVEILLANCE AND PRIVACY
info sheet 03.12 SURVEILLANCE AND PRIVACY Info Sheet 03.12 March 2012 This Information Sheet applies to Victorian state and local government organisations that are bound by the Information Privacy Act
More informationEthics Pronouncement EP 200
Ethics Pronouncement EP 200 Anti-Money Laundering and Countering the Financing of Terrorism Requirements and Guidelines for Professional Accountants in Singapore This Pronouncement was issued by the Council
More informationAnti-Money Laundering Policy 2014
Anti-Money Laundering Policy 2014 FOR INTERNAL USE ONLY Policy owner: AGM Compliance. Approving Authority Board of Directors Board of Directors Board of Directors Sign Off/ Approval date Earlier policy
More informationRESPONSE TO FEEDBACK RECEIVED CONSULTATION ON ANTI- MONEY LAUNDERING AND COUNTERING THE FINANCING OF TERRORISM (AML/CFT) NOTICES AND GUIDELINES
RESPONSE TO FEEDBACK RECEIVED CONSULTATION ON ANTI- MONEY LAUNDERING AND COUNTERING THE FINANCING OF TERRORISM (AML/CFT) NOTICES AND GUIDELINES Introduction 1 In August 2006, MAS released a consultation
More informationAnti-money Laundering Compliance for Law Firms. SUSANNAH COGMAN, JOHN R TAYLOR & DAVID McCLUSKEY
Anti-money Laundering Compliance for Law Firms SUSANNAH COGMAN, JOHN R TAYLOR & DAVID McCLUSKEY PUBLISHED BY IN ASSOCIATION WITH Anti-money Laundering Compliance for Law Firms is published by Ark Group
More informationANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING (AML AND CTF) PROGRAM PART A
PART A 1. AML and CTF Risk Assessment 1.1. This AML & CTF Program sets risk assessment process which is grounded on risk-based approach. 1.2. The main components of the risk assessment process are: 1.2.1.
More informationUnofficial translation of AML/ CFT Regulations for Banks
Unofficial translation of AML/ CFT Regulations for Banks Introduction The Central Bank of Egypt (CBE) issued on 19 November 2003 AML Regulations for Banks, according to the Anti money Laundering Law No.
More informationJersey MONEYVAL Report Summary
Jersey MONEYVAL Report Summary Introduction The MONEYVAL report issued today (Tuesday 24 May, 2016) comprehensively sets out the position of the Island against a number, but not all, of the Financial Action
More informationBERMUDA PROCEEDS OF CRIME (ANTI-MONEY LAUNDERING AND ANTI-TERRORIST FINANCING) REGULATIONS 2008 BR 77 / 2008
QUO FA T A F U E R N T BERMUDA PROCEEDS OF CRIME (ANTI-MONEY LAUNDERING AND ANTI-TERRORIST BR 77 / 2008 TABLE OF CONTENTS 1 2 3 4 5 6 7 8 8A 8B 8C 9 10 11 12 13 14 14A Citation and commencement Interpretation
More informationWhat Insurance Agents and Brokers Should Expect under the New Anti-Money Laundering Regulations for Life Insurance Companies
What Insurance Agents and Brokers Should Expect under the New Anti-Money Laundering Regulations for Life Insurance Companies The USA PATRIOT Act includes provisions intended to prevent the financial services
More informationSummary and Extracts from Law Society Guidelines on: Money Laundering Guide 2007 Mortgage Fraud Practice Note March 2008
Summary and Extracts from Law Society Guidelines on: Money Laundering Guide 2007 Mortgage Fraud Practice Note March 2008 What is Money Laundering? Money Laundering Regulations 2007 Summary of Law Society
More informationKnow Your Customer (KYC), Customer Due Diligence (CDD) and Enhanced Due Diligence (EDD)
Know Your Customer (KYC), Customer Due Diligence (CDD) and Enhanced Due Diligence (EDD) Vanessa Read, Acting Head AML Supervision Christiane Chidiac, Manager AML Supervision Agenda Introduction KYC Principles
More informationNATIONAL INSURANCE COMMISSION AND FINANCIAL INTELLIGENCE CENTRE
NATIONAL INSURANCE COMMISSION AND FINANCIAL INTELLIGENCE CENTRE ANTI-MONEY LAUNDERING/ COMBATING FINANCING OF TERRORISM (AML/CFT) GUIDELINES FOR INSURANCE COMPANIES AND INSURANCE INTERMEDIARIES IN GHANA
More informationCriminal Justice (Money Laundering and Terrorist Financing) Act 2010
Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 Guidelines On the prevention of the use of the financial system for the purpose of money laundering and terrorist financing February
More informationGUIDANCE NOTES FOR SOLICITORS ON ANTI-MONEY LAUNDERING LEGISLATION
GUIDANCE NOTES FOR SOLICITORS ON ANTI-MONEY LAUNDERING LEGISLATION OBLIGATIONS ARISING UNDER EU DIRECTIVE 2001/97/EC, THE CRIMINAL JUSTICE ACT, 1994 AND THE CRIMINAL JUSTICE ACT, 1994 (SECTION 32) REGULATIONS,
More informationInsurance Europe Position Paper on the proposal for the fourth AML Directive. Our reference: LIF-AML-13-032 Date: 14 May 2013
Position Paper Insurance Europe Position Paper on the proposal for the fourth AML Directive Our reference: LIF-AML-13-032 Date: 14 May 2013 Referring to: COM(2013) 45 final - 2013/0025 (COD) Related documents:
More informationMerthyr Tydfil County Borough Council. Data Protection Policy
Merthyr Tydfil County Borough Council Data Protection Policy 2014 Cyfarthfa High School is a Rights Respecting School, we recognise the importance of ensuring that the United Nations Convention of the
More informationGENERAL INSTRUCTIONS FOR OBLIGED ENTITIES REGARDING THE PREVENTION OF MONEY LAUNDERING AND TERRORIST FINANCING
1 (8) Basic Public Services, Legal Rights and Permits 22.9.2015 Supervision of trades GENERAL INSTRUCTIONS FOR OBLIGED ENTITIES REGARDING THE PREVENTION OF MONEY LAUNDERING AND TERRORIST FINANCING Money
More informationINSURANCE COMPANIES CONTROL SERVICE
REPUBLIC OF CYPRUS Orders for Life-Insurance Companies and Life-Insurance Intermediaries in accordance with Article 59(4) of the PREVENTION AND SUPPRESSION OF MONEY LAUNDERING ACTIVITIES LAW OF 2007 (THIRD
More informationINTERNATIONAL STANDARD ON AUDITING (UK AND IRELAND) 250 SECTION A - CONSIDERATION OF LAWS AND REGULATIONS IN AN AUDIT OF FINANCIAL STATEMENTS CONTENTS
INTERNATIONAL STANDARD ON AUDITING (UK AND IRELAND) 250 SECTION A - CONSIDERATION OF LAWS AND REGULATIONS IN AN AUDIT OF FINANCIAL STATEMENTS (Effective for audits of financial statements for periods ending
More informationLegal Digest. Money Laundering Offences In Singapore. Naina Parwani. An online repository of various articles published by our lawyers
An online repository of various articles published by our lawyers Money Laundering Offences In Singapore Naina Parwani 1 Rajah & Tann 4 Battery Road #26-01 Bank of China Building Singapore 049908 Tel:
More informationSWIMMING AUSTRALIA LIMITED GAMBLING, BETTING AND MATCH FIXING POLICY. Swimming Australia Limited - Gambling, Betting and Match Fixing Policy Page 1
SWIMMING AUSTRALIA LIMITED GAMBLING, BETTING AND MATCH FIXING POLICY Swimming Australia Limited - Gambling, Betting and Match Fixing Policy Page 1 CONTENTS PAGE BACKGROUND 3 REVIEW HISTORY 4 GAMBLING,
More informationFINAL NOTICE. (1) imposes on Bank of Beirut (UK) Ltd ( Bank of Beirut ) a financial penalty of 2,100,000; and
FINAL NOTICE To: Bank of Beirut (UK) Ltd Firm Reference Number: 219523 Address: 17a Curzon Street London UNITED KINGDOM W1J 5HS 4 March 2015 1. ACTION 1.1. For the reasons given in this notice, the Authority
More informationPART 3 The Basics 10
PART 3 The Basics 10 PART 3 The Basics A. What is Money Laundering? 3.1 Put simply, money laundering covers all kinds of methods used to change the identity of illegally obtained money (i.e. crime proceeds)
More informationMTN Mobile Money 2012
MTN Mobile Money 2012 Anti-Money Laundering It is the policy of MTN to prohibit and actively prevent the use of its money transfer services to facilitate money laundering, the funding of terrorists or
More informationChild and Adult Services Subject Access Requests Guidance
Child and Adult Services Subject Access Requests Guidance This Guidance is not applicable to Access to Information requests about Adoption. For requests about Adoption please consult the Adoption and Children
More informationSECTION 59, CRIMINAL JUSTICE (THEFT AND FRAUD OFFENCES) ACT, 2001
SECTION 59, CRIMINAL JUSTICE (THEFT AND FRAUD OFFENCES) ACT, 2001 This Memorandum has been prepared by the Consultative Committee of Accountancy Bodies Ireland ( CCAB-I ) to alert members of the profession
More informationSENATE LEGAL AND CONSTITUTIONAL AFFAIRS COMMITTEE QUESTIONS ON NOTICE TO ATTORNEY-GENERAL S DEPARTMENT
SENATE LEGAL AND CONSTITUTIONAL AFFAIRS COMMITTEE QUESTIONS ON NOTICE TO ATTORNEY-GENERAL S DEPARTMENT RESPONSE TO QUESTIONS ON NOTICE BY SENATOR LUDWIG [Second set of Questions for 22 November 2005] Senator
More informationTIPS, GRATUITIES, COVER AND SERVICE CHARGES. Call for evidence SEPTEMBER 2015
TIPS, GRATUITIES, COVER AND SERVICE CHARGES Call for evidence SEPTEMBER 2015 Contents Tips, gratuities, cover and service charges: employer practice... 3 Summary... 3 Tips, gratuities, cover and service
More informationAML/CTF compliance guide for independent remittance dealers
AML/CTF compliance guide for independent remittance dealers Disclaimer The purpose of this guide is to provide assistance to independent remittance dealers in meeting their obligations under the Anti-Money
More informationAnti-Money Laundering Measures in the Cayman Islands
Anti-Money Laundering Measures in the Cayman Islands Foreword This memorandum has been prepared for the assistance of those who are considering the law of the Cayman Islands (sometimes referred to as Cayman
More information