- •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
3.3. Financial institutions: definition for AML/CFT purposes through activities and operations related to managing clients’ assets
Note: Numbering of activities and operations refers to their original classification from the General Glossary.
|
|
|
|
Natural person |
|
Legal person |
|
||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Financial institutions |
|
|
|
|
|
|
||||||
|
|
|
|
Activities |
|
||||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Conduct as a business |
|
|
Operations |
|
||||||
|
|
|
|
|
|
|
|
|
|
|
|||
|
|
|
|
|
|
|
|||||||
|
|
|
Managing of clients’ assets |
|
|
|
|||||||
|
|
|
|
|
|
||||||||
|
|
|
|
|
|
|
|
|
|
|
|
Deposits |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1. Acceptance of |
|
|
|
|
|
|
||||
|
|
|
|
|
|
|
|
|
|
||||
|
|
|
|
|
|
|
|
|
|
||||
|
|
|
|
|
|
|
|
|
|
|
|
Other re- |
|
|
|
|
|
|
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
payable |
|
|
|
|
|
Includes private banking |
|
funds |
|
||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
12. Underwriting and placement of
Applies to
Insurance undertakings
Insurance intermediaries
9. Portfolio management
Cash
10. Safekeeping and admin- istration Liquid se-
curities
|
|
Money |
|
11. Investing, administering |
|||
|
|
||
|
|
||
or managing |
|
Funds |
|
|
|
|
|
|
29 |
|
Customers
For
On behalf of
From the public
Life insurance
Other investment related insurance
Agents
Brokers
Collective
Individual
On behalf of other persons
3.4. Definition of financial institutions for AML/CFT purposes through activities and operations other then managing clients’ assets
|
Financial institutions |
|
|
|
|
Other activities and operations |
||||||||||||
|
|
|
|
|||||||||||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Consumer credit |
|
|
With |
|
|
|
Without |
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
recourse |
|
|
|
recourse |
|
|
|
2. Lending |
|
|
|
Mortgage credit |
|
||||||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Including |
|
|
|
|
|
|
|
|
|
Factoring |
|
|
|
|
|||||
|
|
|
|
|
|
|
|
|
|
|
|
|
||||||
|
|
|
|
E.g. |
|
|
|
|
|
|
|
|
|
|
forfeiting |
|||
|
|
|
|
|
|
|
|
|
|
|||||||||
|
|
|
Finance of commercial transactions |
|||||||||||||||
|
|
|
|
|
|
|
|
|
|
|
|
|||||||
|
|
|
|
|
|
|
|
|
|
|
|
|||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
3. Financial leasing Does not extend to consumer products
5. Issuing and managing means of payment
E.g.
4. Money or value transfer services (MVTS)
Does not apply to persons that provide financial institutions with message or support systems (See IN to Rec. 16)
13. Money and currency changing
7. Trading in (a) Money market instruments
(b) Foreign exchange |
|
|
|
|
|
|
|
|
|
|
|
(c) Exchange, interest rate and |
|
|
|
|
E.g. |
|
|
|
|
||
index instruments |
|
|
|
|
|
|
|
|
|
|
|
(d) Transferable securities
(e) Commodity futures trading
6. Financial guarantees and commitments
8. Participation in securities issues
30
Credit cards
Debit cards
Cheques
Traveler’s cheques
Money orders
Bankers’ drafts
Electronic money
Cheques
Bills
Certificates of
deposit
Derivatives
Provision of related financial services
3.5. AML/CFT definition of designated non-financial businesses and professions
Designated non-financial businesses and professions (DNFPBs)
Casinos |
|
|
Includes Internetand ship-based casinos |
|
|
||
|
|
|
|
Real estate agents
Dealers in precious metals
Dealers in precious stones
Lawyers
Notaries
Independent legal professionals
Independent accountants
Persons and businesses not covered elsewhere
Trust and company |
|
service providers |
|
(TCSP) |
Acting as |
|
Provide following ser- |
Providing |
vices to third parties |
Within professional firms
Partners
Employed professionals
Sole practitioners
Does not refer to “internal” professionals that are employees of other types of businesses
A formation agent of legal persons
A director or a secretary of a company or a partner of a partnership
A trustee of an express trust
A nominee shareholder for another person
|
Registered office |
|
Accommodation |
|
|
Address |
|
|
|
|||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Or arranging |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
for another per- |
|
Business |
|
Correspondence |
|
|
Administrative |
|
son to act as |
||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
31 |
|
|
|
|
|
|
|
3.6. AML/CFT risk-assessment obligations and decisions for countries
Countries assess risks of
Money laundering |
Terrorist financing |
(i) Inform potential changes |
to the AML/CFT regime |
Including changes to
Assessments should be kept up-to-date
(ii) Assist in allocation |
|
|
|
|
|||
|
|
|
By competent |
||||
|
and prioritization of |
|
|
|
|||
|
|
|
|
authorities |
|||
|
AML/CFT resources |
|
|
|
|||
|
|
|
|
|
|||
|
|
|
|
||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||
|
|
|
(iii) Provide financial institu- |
||||
|
R. 1, IN |
|
tions and DNFBPs with |
||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Information necessary for conducting
AML/CFT risk assessments
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Relevant competent authorities |
||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|||||
|
Laws |
|
Regulations |
|
Other measures |
|
||||||||||||||
|
|
|
|
|
|
|
|
|
|
|||||||||||
|
|
|
|
|
|
|
|
|
|
|||||||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Self-regulatory bodies (SRBs) |
|||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Appropriate information on the results |
|
|
|
|
|
|
|
|
|
|
||||||||||
|
|
|
Financial institutions |
|
|
|
||||||||||||||
|
|
|
|
|
DNFBPs |
|||||||||||||||
of assessments should be provided to |
|
|
|
|
|
|||||||||||||||
|
|
|
|
|
||||||||||||||||
|
|
|
|
|
|
|
|
|
||||||||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Countries assess risks of |
Consider applying |
At risk of abuse from |
|
AML/CFT re- |
money laundering or |
Money laundering |
quirements |
terrorist financing |
|
|
|
|
|
Terrorist financing |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Strictly limited |
|
|
|
|
|
|
|
|
3. Another type of: |
|
|
|
|
||||||||||
|
|
|
|
|
|
|
|
• |
|
institution |
|
|
|
|
circumstances |
||||||
|
|
|
|
|
|
|
|
||||||||||||||
|
|
|
|
|
|
|
|
• |
|
activity |
|
|
|
|
|
|
|||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||||||||
|
|
|
|
|
|
|
|
• |
|
business |
|
|
|
|
Exemptions: de- |
||||||
|
|
|
1. Financial institutions |
|
|
||||||||||||||||
|
|
|
|
|
• |
|
profession |
|
|
|
|
cide not to apply |
|||||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|||||||||
|
|
|
|
|
|
|
|
||||||||||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
AML/CFT re- |
|
|
|
|
2. DNFBPs |
|
|
|
|
|
|
|
|
|
|
||||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
quirements |
||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Proven |
|
|
|
|
|||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
|
|
|
|
|
|
low risk |
|
|
|
|
|
|
||
Relates to a particular type of financial |
|
|
|
|
|
|
|
||||||||||||||
|
|
|
|
|
|
|
|
|
|
||||||||||||
|
|
|
|
|
|
|
|
|
|||||||||||||
|
|
|
institution, activity or DNFBP |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||||
|
|
|
|
|
|
|
|
|
|
Gathered information should |
|||||||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|||||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
be retained as in R. 11 |
||||||
|
|
An activity other than the |
|
|
|
|
|
|
|
|
|||||||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||||||
transferring of money or value |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||||||
|
|
|
|
A financial activity is carried out on |
|||||||||||||||||
|
|
|
|
|
|
|
|
|
|
|
|
||||||||||
|
|
|
|
|
|
|
|
|
|
|
|
||||||||||
Having regard to quantitative criteria |
|
|
|
an occasional or very limited basis |
|||||||||||||||||
|
|
|
|||||||||||||||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
32 |
|
|
|
|
|
|
|
|
|
|