Agenda 9/9/2016. Introducing money laundering & criminal creativity So, how to combat? The impact of money laundering Final thoughts!
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1 Session W12: If You Think You Are Too Far From Money Laundering and Terrorism, This Session is For You! Agenda Introducing money laundering & criminal creativity So, how to combat? The impact of money laundering Final thoughts! 1
2 What is money laundering? It s characteristics 2
3 2% - 5% 800,000 billion - 2 trillion Placement Layering Integration Differences with terrorist financing 3
4 CREATIVITY 4
5 Operations that are inconsistent or mismatched with the customer profile Companies or persons who abstain from providing information Employee reluctant to enjoy vacation Employee that prevents other coworkers attending certain customers or having a very close relationship with them The supplier s companies are inconsistent with their business line Supplier who is also employee of another company 5
6 So, how to combat? Key regulation Some country regulation United States Patriot Act, 2001 & OFAC Mexico Federal Law to Prevent and Identify Authority: Financial Crimes Enforcement Transactions Involving Resources Illegally Network (FinCEN) Obtained, 2012 & Financial sector regulated Who it regulates: financial entities, money since 2004 transmitters, precious metals, jewels and stones, Authority: Financial Intelligence Unit (FIU) casinos, credit card systems, loan or finance Who it regulates: financial entities, gambling, companies. construction, real estate, jewelry, works of art, cars, professional independent services, foreign trade services, etc. Panama Law 23, 2015 Authority: Financial Analysis Unit (FAI) Who it regulates: financial entities, insurance, gambling, real estate, construction, transport securities, companies in free zones, precious metals, lottery, cars, gatekeepers (lawyers, accountant and notaries), etc. Australia Anti Money Laundering and Counter Terrorism Financing Act, 2006 Authority: Australian Transaction Reports and Analysis Centre (AUSTRAC) Who it regulates: financial entities, gambling, bullion dealers, remittances, etc. Argentina Law , 2000 Authority: Financial Intelligence Unit (FIU) Who it regulates: financial entities, gambling, real estate, art, jewelry, antiques, precious metals, notaries, customs, insurance, donations, trusts, cars, yachts, boats, legal persons to organize or regulate professional sports (Football), etc. China Anti Money Laundering Law of the People s Republic of China, 2006 Authority: Anti Money Laundering Monitoring and Analysis Centre (AML MAC) Who it regulates: financial entities, insurance, trusts, casinos, etc. United Arab Emirates Law 4/2002 (AML) & Law 1/2004, (CFT) Authority: Anti Money Laundering and Suspicious Cases Unit (AMLSCU) Who it regulates: financial entities, hawala brokers, financial free zones, gold, jewelry, gem stones, etc. Canada Proceeds of Crime Money Laundering and Terrorist Financing Act, 2001 Authority: Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) Who it regulates: financial entities, insurance, securities dealers, money services businesses, accountants, real estate, casinos, precious metals and stones, notaries, etc. Brazil Law 9.613/98, Law /2012 (AML) & Law /2003 (TF) Authority: Council for Financial Activities Control (COAF) Who it regulates: financial entities, insurance, real estate, lawyers, accountants, consultants, jewelry, precious stones, antiques, disposal or acquisition of rights on contracts related to sports or professional artistic activities, etc. Uruguay Prevention and Control System of Money Laundering and Terrorism Financing (Act ), 2004 Authority: Unit of Financial Information and Analysis, (UFIA) Who it regulates: financial entities, transport of valuables, trusts, consultants, casinos, real estate, notaries, antiques, etc. Singapore Corruption, Drug Trafficking, and Other Serious Crimes Act, 1999 (CDSA) or Act 2007 & Terrorism Act, 2002 Authority: Suspicious Transaction Reporting Office (STRO) Who it regulates: financial entities, insurance, casinos, trusts, etc. 6
7 Compliance Officer In charge of Complying with external and internal regulation Managing risks Training Being visible! Reputational Risk is dynamic; therefore the importance of having in place effective controls Legal Regulatory Know your customer Know your employee Know your third party PEP 7
8 It is NOT a passing fad The impact 8
9 It does not help that there are Structural deficiencies in laws Illiteracy Lack of international cooperation Document forgery Incomplete and / or outdated databases Incomplete documentation Final thoughts The co$t of money laundering We ALL make the difference! Ignoring or not wanting to admit it, also contributes... therefore, LET S have the courage to change it. In case of questions and / or comments 9
10 Mónica Ramírez Chimal Socio Director Managing Director Av. Santa Fe No. 440, piso 5 Col. Lomas de Santa Fe C.P , México, D.F. Tel: (52.55)
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