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Сапунцов Тхе Интернатионал АМЛ ЦФТ фрамеwорк чалленгес фор 2013.pdf
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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?

47

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?

48

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).

 

 

 

 

 

 

 

 

It is responsible for carrying out

2. The United Nations Office on

 

 

 

 

 

 

the Global Program against Mon-

Drugs and Crime (UNODC)

 

 

 

 

 

 

ey Laundering (GPML est. 1997)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Grants to authorities from develop-

 

 

 

 

 

 

 

 

 

Runs The International Money-

ing countries technical assistance

 

 

 

 

 

Laundering Information Network

 

 

 

 

 

against money laundering

 

 

 

 

 

(IMoLIN),

a

consolidated

 

 

 

 

 

 

 

 

AML/CFT research resource (est.

Organizes training workshops and

 

 

 

 

 

 

 

 

 

 

1998) which provides data on:

 

 

 

 

 

seminars for employees of law en-

 

 

 

 

 

 

 

 

 

 

laws and regulations

forcement

agencies,

the judiciary,

 

 

 

 

 

 

 

 

 

 

improvement in domestic laws

regulatory

bodies,

central banks

 

 

 

 

 

 

 

 

 

 

countermeasures

 

and private business enterprises in

 

 

 

 

 

 

 

 

 

 

 

international co-operation

the banking and finance sector

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

49

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

 

 

 

 

 

 

 

 

 

 

create country-specific laws on

 

 

 

 

 

 

 

 

 

 

 

AML/CFT

 

 

 

 

2. The World Bank

 

 

 

 

 

 

 

 

 

 

 

set up effective institutional frameworks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

foster the implementation of an

 

 

 

 

 

 

 

 

 

 

The Financial Market Integri-

 

 

 

 

AML/CFT regime

 

 

 

 

ty Group with the World

 

 

 

develop financial intelligence capacity

 

 

 

 

Bank supports countries

 

 

 

enhance the ability of the judiciary

through implementing the fol-

 

 

 

 

 

 

 

 

 

 

 

lowing AML/CFT programs

 

 

 

Bilateral Remittance Corridor Analysis

 

 

 

 

 

 

 

 

 

 

Stolen Asset Recovery Program

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Governance in FIUs

 

 

 

 

 

 

 

 

 

 

Anti-Money Laundering Tools to Fight

 

 

 

 

Technical assistance

 

 

 

 

 

 

 

 

 

 

Corruption and Illegal Logging

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Risk and Vulnerability Assessment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Methodology and Tool

 

 

 

 

 

 

 

 

 

 

Handbooks for Bank and Securities

 

 

 

 

Assessments

 

 

 

 

 

 

 

 

 

 

Sector Supervisors

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AML/CFT Transparency

 

 

 

 

 

 

 

 

 

 

Trade finance and AML

 

 

 

 

Policy development

 

 

 

 

Tackling the Financing of Terrorism

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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