- •ABBREVIATIONS AND ACRONYMS
- •INTRODUCTION
- •1. The evolution of money laundering and AML/CFT measures
- •1.1. A brief history of money laundering
- •1.2. The first stage of ML evolution: Al Capone tax evasion charges
- •1.3. The subsequent stages of ML evolution: better hiding techniques
- •1.4. The appearance of “money laundering” expression in the legal context
- •1.5. Further development of the international AML/CFT standards
- •2. An overview of money laundering and AML regime goals
- •2.1. Basic concept of money laundering
- •2.2. Predicate offences: the scope and methods of AML/CFT description
- •2.3. Definition of money laundering in the narrow sense
- •2.4. Definition of money laundering in the broad sense
- •2.5. Anti-money laundering measures of combating organized crime
- •2.6. The process of money laundering and modeling of its phases
- •3. Applying a risk-based approach to a model AML/CFT regime
- •3.1. Key institutions of a national AML/CFT regime
- •3.2. Methodology bases of a risk-based approach and national AML/CFT coordination
- •3.3. Financial institutions: definition for AML/CFT purposes through activities and operations related to managing clients’ assets
- •3.4. Definition of financial institutions for AML/CFT purposes through activities and operations other then managing clients’ assets
- •3.5. AML/CFT definition of designated non-financial businesses and professions
- •3.6. AML/CFT risk-assessment obligations and decisions for countries
- •4. Legal requirements for a national AML/CFT regime
- •4.1. An extension of liability for money laundering to the predicate offence perpetrator: the adverse implications for the economy
- •4.2. Dual criminality for money laundering offences committed internationally
- •4.3. “State of mind” connected with a money laundering offence
- •4.4. Confiscation and provisional measures related to AML/CFT
- •4.5. Non-conviction based confiscation and corporate liability for money laundering
- •5. Explanations of terrorism and the financing of terrorism
- •5.1. Social and economic origins of terrorism
- •5.2. Basic concept of terrorist financing
- •5.3. Legal definition of terrorism and terrorist financing
- •5.4. Characteristics of the terrorist financing offence and legal capacity to prosecute persons that finance terrorism
- •5.5. Targeted financial sanctions related to terrorism, terrorist financing and proliferation
- •6. Institutional bases of the international AML/CFT framework
- •6.1. The United Nations bodies of the international AML/CFT framework
- •6.2. The United Nations organizations of the international AML/CFT framework
- •6.3. Main functions of the Financial Action Taskforce
- •6.4. The Financial Action Task Force associate members and observers
- •6.5. The Egmont Group of financial intelligence units and international AML/CFT standard setters in banking, securities and insurance sectors
- •6.6. The Wolfsberg Group of banks and its AML/CFT documents
- •7. Customer due diligence measures undertaken by financial institutions
- •7.1. General requirements for AML/CFT programs of financial institutions and groups of financial institutions
- •7.2. Methodology approach to customer due diligence
- •7.3. Additional features of customer due diligence
- •7.4. Customer due diligence measures for legal persons and their arrangements
- •7.5. Actions of financial institutions in case of inability to comply with customer due diligence requirements
- •7.6. AML/CFT-related record-keeping requirements for financial institutions
- •8. Risk-based approach pursued by financial institutions in customer due diligence
- •8.1. Reliance on customer due diligence information received from third parties
- •8.2. Potentially higher-risk situations for enhanced customer due diligence measures
- •8.3. Lower-risk situations for simplified customer due diligence measures
- •8.4. Enhanced customer due diligence measures
- •8.5. Simplified customer due diligence measures
- •9. Additional AML/CFT measures for specific activities of financial institutions
- •9.1. AML/CFT requirements for cross-border correspondent banking relationships
- •9.2. Definition of wire transfers and activities of involved parties
- •9.3. The scope of applying AML/CFT measures to wire transfers
- •9.4. AML/CFT measures of information gathering related to wire transfers
- •9.6. AML/CFT obligations for persons that provide money or value transfer services
- •10. Additional AML/CFT measures for specific customers, entities and professions
- •10.1. Definition of politically exposed persons and the scope of applying AML/CFT measures
- •10.2. Additional AML/CFT measures for politically exposed persons
- •10.3. AML/CFT requirements for financial institutions with foreign operations
- •10.4. Customer due diligence and record-keeping requirements for designated non-financial businesses and professions
- •10.5. Other AML/CFT requirements for designated non-financial businesses and professions
- •11. Competent authorities of a national AML/CFT system
- •11.1. General requirements for government agencies with an AML/CFT function
- •11.2. Approaches to AML/CFT-related regulation and supervision
- •11.3. Financial intelligence unit and its core functions
- •11.4. AML/CFT responsibilities of law enforcement and investigative authorities
- •11.5. Detecting and countering activities of cash couriers for the AML/CFT purposes
- •12. Additional requirements for a national AML/CFT regime and issues of international cooperation
- •12.1. Transparency and beneficial ownership of legal persons and their arrangements
- •12.2. Prevention of using non-profit organizations for the purpose of terrorist financing
- •12.3. General principles of AML/CFT mutual legal assistance
- •12.4. Mutual legal assistance: freezing and confiscation of assets related to money laundering and terrorist financing
- •12.5. Extradition in relation to money laundering and terrorist financing
- •12.6. International exchange of information between government agencies with an AML/CFT function
6. Institutional bases of the international AML/CFT framework
•assessments
•Basel Committee on Banking Supervision (BCBS)
•Council of Europe Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL)
•Counter-Terrorism Committee (CTC)
•Counter-Terrorism Committee Executive Directorate (CTED)
•Egmont Group
KEY WORDS
•Egmont Secure Web (ESW)
•FATF-style regional bodies (FSRBs)
•Global Program against Money Laundering (GPML)
•Group of Eight (G8)
•International Association of Insurance Supervisors (IAIS)
•International Monetary Fund (IMF)
•International Mon- ey-Laundering Information Network (IMoLIN)
KEY QUESTIONS
•International Organization of Securities Commissions (IOSCO)
•Organization for Economic Cooperation and Development (OECD)
•policy development
•technical assistance
•training
•United Nations Office on Drugs and Crime (UNODC)
•Wolfsberg Group of banks
•workshop
•World Bank
•List the Counter-Terrorism Committee bodies operating with the UN Security Council.
•Which chapter of the Charter of the UN makes resolutions, passed under it, legally binding to all UN member states?
•The implementation of which UN Security Council resolution was the Coun- ter-Terrorism Committee tasked with monitoring?
•What was the purpose of establishing the Counter-Terrorism Committee Executive Directorate?
•Who is responsible for carrying out the Global Program against Money Laundering?
•What does the United Nations Office on Drugs and Crime grant to developing countries in relation to AML/CFT?
•What is the International Money-Laundering Information Network and what kind of AML/CFT data does it provide?
•From whom does the United Nations Office on Drugs and Crime organize AML/CFT-related training?
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•List the main groups of AML/CFT advisory services rendered by the United Nations Office on Drugs and Crime.
•When did International Monetary Fund get engaged in AML/CFT?
•List the main directions of AML/CFT technical assistance provided by the World Bank.
•In which areas of AML/CFT does the Financial Market Integrity Group implement its policy development programs?
•Why is it so important to create country-specific laws on AML/CFT? Which organizations provide such technical assistance?
•How was the G8 involved in establishment of the FATF?
•What is the FATF mandate?
•How is the FATF presidency organized?
•List three major main activities of the FATF.
•What is common in countries that are the FATF members?
•What does the FATF do with high-risk jurisdictions?
•Why is it so important to study ML and TF methods and trends?
•What activities are the FSRBs engaged in?
•What specific function do the FATF observers have in common?
•List the main types of areas of work that the FATF observers can be grouped by.
•What is the reason for creating FATF-style regional bodies?
•What is the mission of the Egmont Group?
•What is the Egmont Secure Web and what does it allow to facilitate?
•In what three areas of work is the Egmont Group engaged?
•List the main AML/CFT-related documents adopted by the Basel Committee on Banking Supervision.
•Which international organization has compiled AML/CFT guidelines for the securities sector?
•Which international organization has issued guidance papers on money laundering prevention in the insurance sector?
•What is distinctive regarding the ownership of the Wolfsberg group members?
•List the most important AML/CFT documents adopted by the Wolfsberg group.
•Which areas were covered by the AML/CFT “frequently asked questions” series, published the Wolfsberg group?
•Name the organization that issued the Anti-money laundering principles for private banking (revised in 2012).
•List the main principles outlined in the Anti-money laundering principles for private banking (revised in 2012).
•Which areas of work are covered in the Anti-corruption guidance, released by the Wolfsberg group in 2011?
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6.1. The United Nations bodies of the international AML/CFT framework
1. The United Nations Security Council (UNSC)
Its powers include the establishment of peacekeeping operations and international sanctions. The UNSC exercised its AML/CFT-related powers through resolutions that cover the initiatives on combating the financing of terrorism. The resolutions adopted under Chapter VII of the Charter of the UN are legally binding to all UN member states.
The UNSC Counter-Terrorism Committee (CTC) was established after
September 11, 2001. The CTC was tasked with monitoring the implementation of UNSC resolution 1373 (2001).
The Counter-Terrorism Committee Executive Directorate (CTED) was established in 2004 to assist the work of CTC and to coordinate the process of monitoring the implementation of UNSC resolution 1373 (2001).
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2. The United Nations Office on |
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the Global Program against Mon- |
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Drugs and Crime (UNODC) |
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ey Laundering (GPML est. 1997) |
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Grants to authorities from develop- |
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Runs The International Money- |
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ing countries technical assistance |
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Laundering Information Network |
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against money laundering |
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AML/CFT research resource (est. |
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Organizes training workshops and |
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1998) which provides data on: |
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seminars for employees of law en- |
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laws and regulations |
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the judiciary, |
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improvement in domestic laws |
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central banks |
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countermeasures |
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and private business enterprises in |
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international co-operation |
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the banking and finance sector |
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Advisory services:
•reviewing legal and institutional frameworks
•assisting in the drafting or upgrading of legislation
•ensuring that the necessary mechanisms against money-laundering and the financing of terrorism are in place and are efficiently implemented
•developing of specific national and regional institutions, in particular the development of financial intelligence units
•raising the awareness, understanding and implementation of best practices in the regulation of financial services
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6.2. The United Nations organizations of the international AML/CFT framework
1. The International Monetary Fund (IMF)
Conducting scientific AML/CFT research and developing assessment methodology
Conducting financial sector assessments
The IMF engaged in
AML/CFT in 2001
By 2012 the IMF participated in over 70 technical assistance and research projects
Providing technical assistance
Exercising surveillance over national economic systems
To evaluate countries’ compliance with international AML/CFT standard
Launched a donor-supported trust fund to finance technical assistance in AML/CFT (2009)
To help them to eliminate identified shortcoming of national AML/CFT systems
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create country-specific laws on |
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AML/CFT |
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2. The World Bank |
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set up effective institutional frameworks |
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foster the implementation of an |
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The Financial Market Integri- |
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AML/CFT regime |
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ty Group with the World |
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develop financial intelligence capacity |
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Bank supports countries |
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enhance the ability of the judiciary |
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through implementing the fol- |
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lowing AML/CFT programs |
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Bilateral Remittance Corridor Analysis |
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Stolen Asset Recovery Program |
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Governance in FIUs |
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Anti-Money Laundering Tools to Fight |
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Technical assistance |
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Corruption and Illegal Logging |
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Risk and Vulnerability Assessment |
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Methodology and Tool |
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Handbooks for Bank and Securities |
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Assessments |
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Sector Supervisors |
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AML/CFT Transparency |
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Trade finance and AML |
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Policy development |
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Tackling the Financing of Terrorism |
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