- •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
9. Additional AML/CFT measures for specific activities of financial institutions
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KEY WORDS |
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batch transfer |
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domestic |
wire |
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qualifying |
wire |
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beneficiary |
finan- |
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transfer |
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transfer |
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cial institution |
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European Economic |
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serial payment |
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correspondent |
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Area (EEA) |
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straight-through |
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banking |
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originator |
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processing |
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cover payment |
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originator’s |
infor- |
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transaction |
refer- |
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cross-border |
wire |
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mation |
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ence number |
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transfer |
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• payable-through ac- |
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wire transfer |
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counts |
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KEY QUESTIONS
•What should financial institutions be required to perform in addition to normal CDD measures when they establish cross-border correspondent banking and other similar relationships?
•How can a financial institution determine the reputation of a counterpart in a cross-border correspondent banking relationship?
•Define payable-through accounts in relation to cross-border correspondent banking relationships.
•List the main parties of a wire transfer.
•What does the intermediary financial institution do in a wire transfer?
•Give the definition of a cover payment in relation to a wire transfer.
•What are the responsibilities of a beneficiary financial institution involved in a wire transfer?
•Define straight-through processing in relation to a wire transfer.
•Give the definition of a batch transfer in relation to a wire transfer.
•What is the difference between a cross-border wire transfer and a qualifying wire transfer?
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•Where can the system used to transfer the payment message of a domestic wire transfer be located? Why?
•In which way can domestic wire transfers be designated a supra-national jurisdiction? Give an example.
•List three objectives of applying AML/CFT measures to wire transfers.
•What information are financial institutions required to gather on the originator of any wire transfer?
•What information should contain the customer identification number of the originator of a qualifying cross-border wire transfer?
•What are the responsibilities of the ordering financial institution in a wire transfer?
•List the obligations of the intermediary financial institution in a wire transfer.
•What is common in responsibilities of the intermediary financial institution and the beneficiary financial institution in a wire transfer?
•Which procedure should the beneficiary financial institution, in a qualifying cross-border wire transfer, perform toward the beneficiary?
•Define money or value transfer services.
•Should separate licensing for money or value transfer services be imposed on financial institutions that are already licensed as banks and provide such services? Why?
•Why should competent authorities be granted access to the list of money or value transfer services provider’s agents?
•What information about its agents should money or value transfer services provider maintain?
•Give an example of a money or value transfer service provider being linked to terrorist financing.
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9.1. AML/CFT requirements for cross-border correspondent banking relationships
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Cross-border correspondent |
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Regardless of whether for cross-border insti- |
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banking and other similar |
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tution as principal or for its customers |
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relationships, R. 13 |
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These criteria should also |
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apply to relationships es- |
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Financial institutions should be required to per- |
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tablished for securities |
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form in addition to normal CDD measures |
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transactions or funds |
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transfers, R. 13, IN |
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(a) To gather sufficient information |
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To determine from public- |
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about a respondent institution |
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ly available information |
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the reputation of the insti- |
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tution and the quality of |
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To understand fully the nature |
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supervision |
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of the respondent’s business |
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(b) To assess the respondent institu- |
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tion’s AML/CFT controls |
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(c) To obtain approval from senior |
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Including whether the in- |
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management before establishing new |
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stitution has been subject |
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correspondent relationships |
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to a money laundering or |
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terrorist financing investi- |
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gation or regulatory action |
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(d) To clearly understand the respective |
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responsibilities of each institution |
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(e) To be satisfied that the |
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The respondent bank is able to provide |
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respondent bank has con- |
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relevant CDD information upon re- |
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ducted CDD on |
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quest to the correspondent bank |
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The customers having di- |
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“Payable-through |
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accounts” – corre- |
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rect access to accounts |
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spondent accounts that are used di- |
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rectly by third parties to transact |
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Of the correspondent bank |
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business on their own behalf |
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72 |
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9.2. Definition of wire transfers and activities of involved parties
The wire transfer and the accompanying payment message travel together
A wire transfer, R. 16
Originator
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Initiates the wire |
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transfer and transfers |
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Places the order to |
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the funds on behalf |
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make the amount of |
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of the originator |
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funds available to the |
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beneficiary |
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The funds
Ordering financial institution
Receives and transmits a wire transfer on behalf of:
•the ordering financial institution and
•the beneficiary financial institution or
•another intermediary financial institution
Intermediary financial |
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Participates in a serial or cover payment chain |
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institution(s) |
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Cover payment – a wire transfer that includes the cover
Cover – the routing of the funds instruction sent directly by the ordering financial institution to the beneficiary financial institution
Serial payment – direct sequential chain of payment where the wire transfer and accompanying payment message travel from, through and to these financial institutions
Beneficiary financial |
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Receives the wire transfer and makes the |
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institution |
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funds available to the beneficiary |
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Beneficiary |
Receives the |
amount of funds |
Irrespective of whether the originator and the beneficiary are the same person
Straight-through processing – |
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Batch transfer – a transfer of a |
transactions are conducted electroni- |
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number of individual wire transfers |
cally without the need for manual |
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that are being sent to the same fi- |
intervention |
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nancial institutions |
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73 |
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