- •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
11. Competent authorities of a national AML/CFT system |
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KEY WORDS |
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bearer |
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incoming |
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regulation |
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instruments (BNIs) |
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self-regulatory body |
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operational analysis |
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declaration system |
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operational |
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spontaneous |
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disclosure system |
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pendence |
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semination |
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dissemination upon |
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oral declaration |
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strategic analysis |
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request |
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outgoing transporta- |
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supervision |
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feedback |
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traditional criminal |
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financial |
investiga- |
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pro-active |
parallel |
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investigation |
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financial investiga- |
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written declaration |
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guidelines |
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tion |
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receipt |
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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.
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•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?
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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- |
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Should be of high integrity |
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tain high professional standards, in- |
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and be appropriately skilled |
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The STRs received |
Maintain comprehensive statistics on matters |
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and disseminated |
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the national AML/CFT system should be |
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ML and TF financial |
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maintained, including statistics on (R. 33) |
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investigations, pros- |
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ecutions and convic- |
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Property frozen, seized |
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and confiscated |
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national requests for cooperation |
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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
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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)
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Criminals should not |
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hold significant interests |
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Supervisors should have adequate |
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or management positions |
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powers and resources to perform |
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their duties (R. 27) |
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Shell banks should not |
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be allowed to operate |
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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
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