- •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
8.3. Lower-risk situations for simplified customer due diligence measures
Lower risk factors, R. 10, IN, (H) |
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to apply simplified CDD measures |
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(a) Customer Provided there has been an adequate analysis of the risk
For the following types of customers
Financial institutions and DNFBPs where they are subject to AML/CFT requirements
Public companies listed on a stock exchange and subject to disclosure requirements
Public administrators or enterprises
They have effectively implemented AML/CFT requirements
They are being effectively supervised or monitored
If these requirements can ensure adequate transparence of beneficial ownership
(c) Country A country was identified by credible sources as
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Having low level of criminal |
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It was identified by a mutual evaluation |
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activity, e.g. corruption |
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E.g. a single premi- |
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Having effective AML/CFT systems |
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um is less than |
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USD/EUR 2,500; |
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(b) Product, service, transaction, delivery channel |
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an annual premium |
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is less than |
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Life insurance policies where the premium is low |
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USD/EUR 1,000 |
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Insurance policies for pen- |
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There is no early surrender option |
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sion schemes |
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The policy cannot be used as collateral |
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A pension, superannuation, |
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Contributions are made by way of de- |
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etc. that provides retirement |
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duction from wages |
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benefits to employees |
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The scheme rules |
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Appropriately defined and limited financial products or |
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do not permit the |
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services provided to certain types of customers, so as to |
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assignment of a |
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increase accesses for financial inclusion purposes |
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member’s interest |
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67 |
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8.4. Enhanced customer due diligence measures |
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Financial institutions should examine |
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As far as possible |
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Background |
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Purpose |
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Of |
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Complex transac- |
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Unusual large trans- |
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Unusual patterns of |
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tions |
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actions |
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transactions |
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Where the risks of money laundering and terrorist financing are higher
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The measures should be |
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Occupation |
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Information from |
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consistent with the risks |
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public databases |
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identified |
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E.g. |
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Enhanced CDD measures, R. 10, IN, (H) |
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The customer |
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Obtaining |
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Volume of assets |
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Additional information on
Information on
Approval of senior management to commence or continue the business relationship
The intended nature of the business relationship
The source of funds or wealth of the customer
The reasons for intended or performed transactions
Updating more regularly the identification data of the customer and beneficial owner
Conducting enhanced monitoring of the business relationship
Selecting patterns of transactions |
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Increasing the number and |
that need further examination |
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timing of controls applied |
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Requiring the first payment to be carried out through an account in the customer’s name with a bank subject to similar CDD standards
68
8.5. Simplified customer due diligence measures
Where the risks of money laundering and terrorist financing are lower
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There is a suspicion of |
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Are not acceptable if |
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money laundering or |
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terrorist financing |
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Simplified CDD measures, R. 10, IN, (H) |
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Specific higher-risk |
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scenarios apply |
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After the establish- |
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The customer |
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ment of the business |
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relationship |
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Verify the identity of |
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E.g. if account transactions rise |
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The beneficial owner |
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above a defined monetary threshold |
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The frequency of customer |
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Reducing |
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identification updates |
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The degree of on-going |
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monitoring and scrutinizing |
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Based on a reasonable |
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transactions |
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monetary threshold |
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From the type of transactions |
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Inferring the purpose and na- |
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ture of the business relationship |
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From the business relationship |
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established |
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Not carrying out specific measures |
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Not collecting specific information |
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To understand the purpose and intended nature of the business relationship
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