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Сапунцов Тхе Интернатионал АМЛ ЦФТ фрамеwорк чалленгес фор 2013.pdf
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11. Competent authorities of a national AML/CFT system

 

 

 

 

 

 

 

KEY WORDS

 

 

 

bearer

negotiable

incoming

transpor-

regulation

 

 

instruments (BNIs)

 

tation

 

self-regulatory body

compliance

operational analysis

 

(SRB)

 

declaration system

operational

inde-

spontaneous

dis-

disclosure system

 

pendence

 

 

semination

 

dissemination upon

oral declaration

strategic analysis

 

request

 

outgoing transporta-

supervision

 

feedback

 

 

tion

 

traditional criminal

financial

investiga-

pro-active

parallel

 

investigation

 

 

tion

 

 

financial investiga-

written declaration

guidelines

 

tion

 

 

 

 

 

 

 

receipt

 

 

 

 

KEY QUESTIONS

What is the main characteristic of resources that national agencies of the AML/CFT system are required to have?

What should assure the IT systems used by AML/CFT agencies?

Why are national agencies of the AML/CFT system required to have sufficient operational independence?

List the professional standards that the staff of national agencies with the AML/CFT function are required to have.

Why is it necessary to maintain comprehensive statistics on matters relevant to the functioning of the national AML/CFT system?

List the four major groups of statistics on matters relevant to the national

AML/CFT system.

What can statistics on property frozen, seized and confiscated tell about the national AML/CFT system?

In what main area can the guidelines established by national AML/CFT authorities assist private entities?

Why is it necessary to provide feedback from private entities and their selfregulatory bodies?

What is the purpose of regulation and supervision on AML/CFT matters?

Which approach should AML/CFT regulators and supervisors use when performing their duties? Why?

List three groups of actions that regulators and supervisors should be authorized to perform.

85

Name a group of organizations that can also be permitted to regulate and supervise compliance of DNFBPs. Explain the reasons for such permission.

List the sanctions that can be imposed on private entities for non-compliance with AML/CFT regulations.

Define the three main functions of the FIU.

List four groups of information recourses that the FIU should have access to.

Why is it necessary for the FIU to have access to the widest range of information?

Which two types of information analysis can the FIU undertake? Define them.

What is the purpose of the FIU’s operational analysis? Give an example.

Define the goal of strategic analysis undertaken by the FIU.

Compare the role of software and manual data processing in the analytical function of the FIU.

List two groups of information dissemination performed by the FIU.

For which two types of investigations related to ML and TF should law enforcement authorities have responsibility?

What is a pro-active parallel financial investigation?

When should a pro-active parallel financial investigation be developed?

List the objectives of financial investigations developed by law enforcement authorities.

Why is it necessary to trace the proceeds from crime during the development of financial investigations?

Why should countries set forth measures to detect the physical cross-border transportation of currency?

Which FATF Recommendation establishes measures for the detection of physical cross-border transportation of currency? List these measures.

What should competent authorities be able to do with cash and BNIs in case of a false declaration/disclosure?

To which agency should cash courier information be made available?

Are precious metals and precious stones covered by measures to detect the physical cross-border transportation of currency? Why?

What is the maximum threshold used for detection of cross-border cash couriers? List the reasons for establishing such threshold.

Define the disclosure system used for detection of cross-border cash couriers.

Compare two types of written declaration systems for all travelers.

What is an oral declaration system for all travelers?

86

11.1. General requirements for government agencies with an AML/CFT function

Supervisors, regulators, the FIU, law enforcement and other relevant competent authorities are required to

Have adequate financial, human and technical resources

Have sufficient operational independence and autonomy to en- sure undue influence or interfer-

ence

There have to be strict rules and modern IT systems to assure the security of confidential information; this is of crucial importance for operations of the FIU (R. 29, IN)

Standards concerning confidentiality

Staff of these agencies should main-

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Should be of high integrity

tain high professional standards, in-

 

 

 

 

and be appropriately skilled

 

 

 

 

cluding

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The STRs received

Maintain comprehensive statistics on matters

 

 

 

and disseminated

 

 

 

relevant to the effectiveness and efficiency of

 

 

 

 

the national AML/CFT system should be

 

 

 

ML and TF financial

maintained, including statistics on (R. 33)

 

 

 

investigations, pros-

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ecutions and convic-

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

tions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Property frozen, seized

 

 

Mutual legal assistance or other inter-

 

and confiscated

 

 

 

national requests for cooperation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To establish guidelines and provide feedback, which will assist private entities in applying AML/CFT measures (R. 34)

In particular, such assistance should be targeted at detecting and reporting suspicious transactions

87

Establishment of guidelines and provision of feedback is also applicable to self-regulatory bodies

11.2. Approaches to AML/CFT-related regulation and supervision

The purpose of regulation and supervision is to ensure compliance of relevant private entities with national AML/CFT requirements (R. 26)

 

 

 

 

 

 

 

 

 

 

 

Criminals should not

 

 

 

 

 

hold significant interests

 

 

 

 

 

Supervisors should have adequate

 

 

 

 

 

 

or management positions

powers and resources to perform

 

 

 

in such entities

 

 

 

their duties (R. 27)

 

 

 

 

 

 

 

 

 

 

Shell banks should not

 

 

 

 

 

 

 

 

 

 

be allowed to operate

 

 

 

 

 

 

 

 

 

 

 

 

Financial institutions should be subject to effective RBA-based monitoring or supervision for

AML/CFT purposes (R. 27, IN)

They should be authorized to

Conduct inspections

Compel production of any relevant information

Impose sanctions for failure to comply with the requirements

Financial institutions should be licensed or registered

Casinos should be licensed

Compliance of DPFBPs other then casinos may be performed by appropriate self-regulatory bodies; such bodies should be entrusted with sufficient pow-

ers, including powers to impose sanctions (R. 28)

Such sanctions should be disciplinary and financial, including restriction, suspension or withdrawal of the license

88

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