- •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
10.3. AML/CFT requirements for financial institutions with foreign operations
Financial institution that has |
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There has to be the group- |
foreign operations (R. 18, IN) |
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level AML/CFT program |
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Foreign branches |
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Home country operations |
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Foreign majority-owned |
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subsidiaries |
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AML/CFT measures applied |
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AML/CFT requirements of |
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to these operations have to be |
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the home country |
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consistent with the home |
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country requirements |
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To the extent the host country |
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AML/CFT regulations permit |
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Should apply additional |
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measures to manage the |
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If AML/CFT legislature of the |
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ML/TF risks |
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host country does not permit |
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the implementation of |
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Should inform |
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If these measures are not sufficient
Home country supervisors
Should consider additional supervisory actions, including
82
Placing additional controls on the group
As appropriate
Requesting the group to close down operations in the host country
10.4. Customer due diligence and record-keeping requirements for designated non-financial businesses and professions
Apply to DNFBPs in the following situations, R. 22
Casinos
Dealers in precious metals
Dealers in precious stones
Real estate agents
CDD measures, R. 10
Record keeping, R. 11
PEPs, R. 12
New technologies, R. 15
Reliance on third parties, R. 17
When customers engage in financial transactions equal or above the 3,000
USD/EUR applicable threshold
When they engage in any cash transaction equal or above the 15,000 USD/EUR applicable threshold
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When they are involved in transactions for |
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Buying and selling |
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their client concerning the |
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of real estate |
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Lawyers |
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Managing of |
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Bank ac- |
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counts |
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Notaries |
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Money |
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Savings ac- |
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counts |
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Securities |
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Independent accountants |
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Other assets |
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counts |
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Organization of con- |
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Legal persons and their arrangements |
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tributions for the |
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(companies, business entities) |
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Creation, operation or |
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Prepare for or carry out transac- |
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management of |
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tions for a client concerning all |
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activities listed in the definition |
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Trust and company service providers |
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of TCSPs |
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83 |
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10.5. Other AML/CFT requirements for designated non-financial businesses and professions
CDD measures, R. 10
Real estate agents should imple- |
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Casinos should implement |
ment these measures with respect |
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these measures when their cus- |
to both purchasers and vendors of |
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tomers engage in a financial |
the property |
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transaction equal or above the |
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applicable threshold |
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Casinos must be able to link CDD |
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Reporting requirements |
information for a particular custom- |
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er to his transactions in the casino |
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Dealers in precious metals and |
It is not required to report suspi- |
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dealers in precious stones |
cious transactions if the relevant |
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should report suspicious cash |
information was obtained in cir- |
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transactions with a customer |
cumstances where the persons are |
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equal or above the applicable |
subject to professional secrecy or |
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designated threshold |
legal professional privilege |
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Lawyers |
(a) In performing the task of |
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defending or representing the |
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Notaries |
client in judicial and other |
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proceedings |
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Independent legal professionals |
(b) In the course of ascertaining |
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Independent accountants |
the legal position of the client |
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STRs can be sent to appropriate |
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Reporting activities should be |
self-regulatory organizations, |
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provided that they cooperate with |
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extended to all professional ac- |
the FIU |
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tivities of accountants |
If these persons seek to dissuade a |
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client from engaging in illegal ac- |
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Including auditing |
tivity, this does not amount to tip- |
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ping-off |
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84 |