- •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
9.3. The scope of applying AML/CFT measures to wire transfers
Payment by a credit, debit or prepaid card for the purchase of goods or services
As long as the card number accompanies all transfers
However, when a credit, debit or prepaid card is used as a payment system to effect a person-to-person wire transfer, this transaction should be covered by AML/CFT measures
Financial institution-to- |
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Both the originator and the ben- |
financial institution transfers |
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eficiary are financial institutions |
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and settlements |
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acting on their own behalf |
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The following types of wire transfers are not covered by AML/CFT measures
Financial institutions are required to apply AML/CFT measures to the following types of wire transfers, R. 16, IN
Domestic wire transfer – the ordering financial institution and benefi- ciary financial institutions are located in the same country
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The system used to transfer |
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Includes wire transfers that take place |
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the payment message may be |
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entirely with the borders of the Euro- |
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located in another country |
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pean Economic Area (EEA) |
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An entity may petition the FATF to be designated supra-national jurisdiction
Cross-border wire transfer – the ordering financial institution and beneficiary financial institution are located in different countries
Also any chain of wire transfer in which at least one of financial institutions involved is located in a different country
Qualifying wire transfer – a cross-border wire transfer above the applicable threshold of no higher than USD/EUR 1,000
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9.4. AML/CFT measures of information gathering related to wire transfers
The objectives of applying AML/CFT measures to wire transfers, R. 16
1. To gather required originator and beneficiary information and transmit throughout the payment chain
2. To monitor wire transfers for the purpose of detecting those which lack required information and take appropriate measures
3. To take freezing action and avoid conducting transactions with persons and entities for the purpose of prevention and suppression of terrorism and terrorist financing (as per the obligations set out in the UNSC resolutions)
Financial institutions are required to gather and retain the following information on parties of all wire transfers
The originator’s information |
The beneficiary’s information |
The name |
The name |
The account number |
The account number |
In the absence of an account |
Unique transaction reference number |
The following information on the originator should also be gathered and retained by parties of qualifying cross-border wire transfers
Address or |
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National identity number or |
This unique number refers |
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to a record held by the |
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Customer identification number or |
originating financial insti- |
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tution which contains at |
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Date and place of birth or |
least one of the following |
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9.5. Responsibilities and AML/CFT obligations of financial institutions performing wire transfers
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Originator information |
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Ordering financial |
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institution |
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Required and accurate |
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Should ensure that wire |
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transfers contain this |
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Should maintain it in |
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information |
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accordance with R. 11 |
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Should not execute the |
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wire transfer if it does |
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Beneficiary information |
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not comply with the re- |
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quirements |
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It is possible to use one set of originator information for a batch transfer from the single originator
In case of domestic wire transfers it is possible to include only the account number or a unique transaction reference number, provided that other information can be made available by other means and it will be possible to track back the transaction
Intermediary finan- |
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Should ensure that all information that ac- |
cial institutions |
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companies a wire transfer is retained with it |
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It has to be consistent with straight-through processing
Should take reasonable measures to identify crossborder wire transfers that lack required information
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Effective risk-based policies and |
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When to execute, reject, |
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procedures for identifying wire |
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or suspend a wire transfer |
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transfers lacking required infor- |
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mation and determining |
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The follow-up action |
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Beneficiary financial |
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For qualifying wire transfers the identity of |
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institution |
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the beneficiary should be verified |
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9.6. AML/CFT obligations for persons that provide money or value transfer services
Competent authorities should identify
persons that carry out MVTS without And apply appropriate actions a license or registration
Natural or legal persons that provide
Both providers and agents should comply with relevant AML/CFT requirements on wire transfers (R. 16)
They should be licensed or registered by a competent authority
There should be effective systems for monitoring their compliance with the AML/CFT measures
Money or value transfer services (MVTS), R. 14
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If these institutions are |
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It is not required to impose separate |
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subject to AML/CFT |
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licensing or registration for MVTS |
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requirements |
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Financial institutions that are already li- |
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censed or registered and under such license |
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or registration are permitted to provide |
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The agents should be |
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The MVTS provider needs to include |
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monitored for com- |
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the agents into its AML/CFT program |
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pliance with the pro- |
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Competent authorities of countries where the MVTS provider and its agents operate should be granted access to this list
The MVTS provider should either maintain a current list of its agents, or they should be licensed or registered
Agents of MVTS providers |
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In case the list of agents is not maintained |
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