Use of the FATF AML/CTF Toolkit

Transcription

1 APEC Pathfinder Dialogue IV STRENGTHENING THE FIGHT AGAINST ILLICIT TRADE AND CORRUPTION Partnerships for Sustainable Security CORRUPTION Detect & Disrupt Wildlife Trafficking Using Anti-Money Laundering and Asset Confiscation Techniques Use of the FATF AML/CTF Toolkit MITALI TYAGI DIRECTOR, TECHNICAL ASSISTANCE & TRAINING ASIA/PACIFIC GROUP ON MONEY LAUNDERING Tel +61(0) Fax +61(0) Mob +61(0) mitali.tyagi@apgml.org

2 Corruption is linked to illicit financial flows to the extent that [they] serve as a conduit for distancing the proceeds of those financial gains from its criminal source (aka money laundering). Financial Transparency International An Unfortunate Friendship Corruption and money laundering are symbiotic: not only do they tend to co-occur, but more importantly the presence of one of tends to create and reciprocally reinforce the incidence of the other. Chaikin & Sharman (2009)

3 The Framework FATF

4 Mutual Evaluations APG: 1 of 8 FATF-Style-Regional-Bodies An Associate Member of FATF The Framework FATF APG

5 A global set of ML standards MUTUAL EVALUATIONS A report card Beyond technical compliance Effectiveness of regime on the ground. High risk / strategic deficiencies Public listing by FATF CONSEQUENCES Cost of doing business goes up Access to US$ Refusal of correspondent banking relationships Higher interest rates & lower ratings (e.g. Mooney s)

6 Risk Based Approach Predicate Offences The FATF toolkit an important ally Corruption & Bribery Tax Evasion Preventative Measures & Record Keeping Politically Exposed Persons Beneficial Ownership Financial Intelligence, Investigation & Prosecution Asset Confiscation & Recovery Non-conviction based confiscation encouraged International Cooperation Mutual Legal Assistance UNCAC

7 Follow the Money

8 Asset Recovery Diezani Alison-Madueke, Nigeria s former oil minister Corrupt foreign officials and business executives should make no mistake: if illicit funds are within the reach of the United States, we will seek to forfeit them and to return them to the victims from whom they were stolen. Assistant AG Blanco, US DOJ, July 2017

9 Thank you. MITALI TYAGI DIRECTOR, TECHNICAL ASSISTANCE & TRAINING ASIA/PACIFIC GROUP ON MONEY LAUNDERING Tel +61(0) Fax +61(0) Mob +61(0) mitali.tyagi@apgml.org Out of office mitali.tyagi@gmail.com

10 Coordination Meeting with International Organizations Connecting Donors to Anti-Corruption Capacity Building Needs Overview/summary of capacity-building priorities for combatting corruption in APEC countries An Anti-Money Laundering Perspective MITALI TYAGI DIRECTOR, TECHNICAL ASSISTANCE & TRAINING ASIA/PACIFIC GROUP ON MONEY LAUNDERING Tel +61(0) Fax +61(0) Mob +61(0) mitali.tyagi@apgml.org

11 APG Corruption Survey % of APG s TA-recipient members have corruption identified as a key issue 2016 Corruption Survey Only 3 of the 27 members requested corruption focused TA&T In 2016: 2 Regional Technical Workshop (AUSTRAC; AGD/PILON) 1 Regional Summit (ADB/OECD Anti-Corruption Initiative) 5 members benefited from targeted TA provided by 9 DAPs: Afghanistan: World Bank (current); Japan MOFA assisted by UNODC (concluded) Mongolia: ADB (current); APG & DFAT (concluded) Pakistan: US DoJ (concluded) PNG: AUSTRAC (current) Thailand: US (concluded)

12 Corruption Focus Corruption Focus ADB/OECD Anti-Corruption Initiative 14 th Regional Summit in Bhutan, November APG partnering with the Initiative. Case studies by Members BFIU (Bangladesh) FICAC (Fiji)

13 Corruption Focus Corruption Focus APG Typologies Report Proceeds of Corruption in the Pacific Recommendation 1: Strengthen legal frameworks on AML and proceeds of crime in compliance with international standards Recommendation 2: Invest in training and resourcing specialist AML and proceeds of crime units, associated officials and judicial officers Recommendation 3: Ensure that financial systems are effectively regulated to increase transparency and deter persons from using those systems to store and access proceeds of corruption Recommendation 4: Foster strong inter-agency, public/private and international cooperation on AML, proceeds of crime and anti-corruption

14 Corruption Focus DAP discussion Corruption Focus APG Anti-Corruption / FIU Mentoring Exchanges Funding from NZ to roll these out across the Asia Pacific Four planned for 2017/18 Seek to place an FIU mentor (from appropriate neighbouring jurisdiction) into the Anti-Corruption agency of host jurisdiction 3-4 weeks program designed by APG Secretariat Punctuated by visits from APG Secretariat and TA providers

15 Thank you. Questions? MITALI TYAGI DIRECTOR, TECHNICAL ASSISTANCE & TRAINING ASIA/PACIFIC GROUP ON MONEY LAUNDERING Tel +61(0) mitali.tyagi@apgml.org