Risk-based approach and the risk management and compliance programme. Presented by Ashleigh Mooij 11 September 2018

Similar documents
MEDIA STATEMENT MINISTER SIGNS FIC AMENDMENT ACT INTO OPERATION

OPTIMUM FINANCIAL SERVICES GROUP (PTY) LTD FINANCIAL INTELLIGENCE CENTRE ACT ( FICA ) POLICY

Policy on Anti Money Laundering and Countering Terrorist Financing

financial intelligence centre REPUBLIC OF SOUTH AFRICA Financial Intelligence Centre FAIS Workshop Presented by The Financial Intelligence Centre

FAIS Newsletter. Inside this issue: From the FIC Desk: The journey to FICA compliance. Introduction

AML/CTF and Sanctions Policy

EAA issues guidelines on compliance of anti-money laundering and counter-terrorist financing requirements for the estate agency sector

AC NOTE FICA. What FICA governs and requires

United Republic of Tanzania Financial Intelligence Unit Anti Money Laundering and Counter Terrorist Financing Guidelines to Insurers

NOTICE TO BANKS MONETARY AUTHORITY OF SINGAPORE ACT, CAP. 186

AML/CFT Phase II. Kate Reid NZLS CLE live stream 28 November /11/2017. Check it out by logging in at:

HANDBOOK FOR FINANCIAL SERVICES BUSINESSES ON COUNTERING FINANCIAL CRIME AND TERRORIST FINANCING

CONTINENTAL REINSURANCE ( C Re ) ANTI-MONEY LAUDERING/COUNTERING THE FINANCING OF TERRORISM (AML/CFT) POLICY

GUIDELINES ON RISK-BASED APPROACH (RBA) FOR THE PURPOSE OF ANTI-MONEY LAUNDERING AND COUNTERING THE FINANCING OF TERRORISM (AML/CFT)

Bank Secrecy Act and OFAC Compliance Board of Directors Training

Anti-Money Laundering Policy

JOINT RESOLUTION OF THE GOVERNOR OF BANK OF MONGOLIA AND CHAIR OF THE FINANCIAL REGULATORY COMMISSION

Anti-Money Laundering and Counter Terrorism

Anti-Money Laundering Policy June 2017

ANTI-MONEY LAUNDERING POLICY

This course is presented in London on: March 2018, October The Banking and Corporate Finance Training Specialist

Anti-Money Laundering Policy

CUSTOMER DUE DILIGENCE (CDD) & ANTI-MONEY LAUNDERING (AML) / COMBATING FINANCING OF TERRORISM (CFT) POLICY (2012)

Preparing for becoming a reporting entity under the AML/CFT Act

POLICIES FOR PROPER IMPLEMENTATION OF THE FOURTH ANTI MONEY LAUNDERING DIRECTIVE

Financial Intelligence Centre Amendment Bill [B ]

PCM Brokers DMCC. Anti-Money Laundering Policy

MONEY-LAUNDERING AND TERRORISM FINANCING PREVENTION SANTANDER GROUP GLOBAL POLICY

The Wolfsberg Correspondent Banking Due Diligence Questionnaire (CBDDQ) Completion Guidance 22 February 2018

ANTI-MONEY LAUNDERING/ COUNTER FINANCING OF TERRORISM GUIDELINES FOR REGISTERED FILING AGENTS

Financial Crime Governance, Risk and Compliance Fund Managers & Fund Administrators. Thematic Review 2017

CITIZENS, INC. BANK SECRECY ACT/ ANTI-MONEY LAUNDERING POLICY AND PROGRAM

Registry General September 2015

Anti-Money Laundering Awareness Training Insurance Industry-Hong Kong

ANTI-MONEY LAUNDERING IN

STATE BANK OF PAKISTAN

Anti Money Laundering - Financial Crime Compliance

Introduction to AML/CFT in New Zealand

Financial inclusion and financial integrity Challenges and opportunities

CUSTOMER DUE DILIGENCE (CDD) & ANTI-MONEY

HANDBOOK FOR FINANCIAL SERVICES BUSINESSES ON COUNTERING FINANCIAL CRIME AND TERRORIST FINANCING. 15 December 2007 (updated July 2016)

Anti Money Laundering and Sanctions Rules and Guidance (AML)

ANTI-MONEY LAUNDERING AND COUNTER TERRORISM FINANCING PROCEDURE MANUAL. Fcorp Services Ltd

FIU G3: Anti-Money Laundering and Combating the Financing of Terrorism Guideline for Insurance Companies 2014

Anti-Money Laundering & Financial Crimes Conference April 18th 20th, 2018

Anti Money Laundering and Combating Financing of Terrorism

MONEY-LAUNDERING PREVENTION SANTANDER GROUP GLOBAL POLICY

Anti Money Laundering Policy

July 2017 CONSULTATION DRAFT. Guidelines on. Anti-Money Laundering. and. Counter-Terrorist Financing for Professional Accountants

AML/CFT TRAINING FOR ACCOUNTANTS AND AUDITORS

Money Laundering and Terrorist Financing Risks in the E-Money Sector

ANTI-MONEY LAUNDERING STATEMENT

DIRECTIVE NO.DO1-2005/CDD

INSURANCE ACT 1986 INSURANCE (ANTI-MONEY LAUNDERING) REGULATIONS 2008

GOV POL Anti Money Laundering Policy

OT MARKETS PTY LTD MARKETS AML MANUAL

CAPITAL MARKET AUTHORITY. Anti-Money Laundering and Counter-Terrorist Financing Rules

4th Anti-Money Laundering Directive and 2d Fund Transfers Regulation- General overview and impact on payments

Date: Version: Reason for Change:

The Risk Factors Guidelines

Credit institutions 1. II.2. Policy statement

gamevy Anti- Money Laundering Detecting and Preventing Financial Crime Training for Gamevy

Money Laundering in the Trinidad & Tobago Securities Sector

Anti Money Laundering - Financial Crime Compliance

Article 1. Article 2. Article 3 A FCM shall comply with the following provisions in undertaking CDD measures:

AML & KYC QUESTIONNAIRE FOR FINANCIAL INSTITUTIONS

Ministerial Regulation on Customer Due Diligence B.E (2013)

David Oliver Senior Manager Compliance

AML PROCEDURE. c. Similar techniques are used for both purposes, typically involving three stages:

APPLICATION PAPER ON COMBATING MONEY LAUNDERING AND TERRORIST FINANCING

Act 3 Anti-Money Laundering (Amendment) Act 2017

Anti Money Laundering /Anti Terrorist Financing & FINTRAC (Financial Transactions & Reports Analysis Center of Canada) Training Presentation

ABCsolutions Inc. CREA - Introduction

Basel Committee on Banking Supervision

To whom it may concern. Implementation of the 4th EU Anti Money Laundering Directive

WIND OF CHANGE: Risk Assessment. Anti-Money Laundering, Countering Terrorism Financing, Application of International Sanctions

NEW ZEALAND S NEW AML/CFT REGIME A brief overview and some challenges will it stand the test of time?

Anti-Money Laundering Policy

EQUITY MASTER SECURITIES (Pvt.) LIMITED KNOWYOUR CUSTOMER (KYC) AND CUSTOMER DUE DILIGENCE (CDD) POLICES AND PORCEDURES

R.S.A. c. P98 Anti-Money Laundering and Terrorist Financing Code R.R.A. P98-5. Revised Regulations of Anguilla: P98-5

Redline (4AMLD 5AMLD)

Central Bank of The Bahamas PUBLIC CONSULTATION

SAAO Capital Private Limited

ANTI MONEY LAUNDERING POLICY ON STOCK BROKING

The relevancy of the detection and deterrence of money laundering and terrorist financing for money transfer companies... 8

Reasons for Anti-Money Laundering and Know Your Customer Rules Presented By: George Roper, VP Compliance Scotiabank Group

Trans-Fast Remittance LLC. AML Compliance Training for Agents

Note on the application of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017

CAYMAN ISLANDS. Supplement No. 2 published with Extraordinary Gazette No. 22 of 16th March, THE PROCEEDS OF CRIME LAW.

Standard 2.4. Customer identification and customer due diligence; Prevention of money laundering, terrorism financing and market abuse

INSURANCE REGULATORY AUTHORITY

HUTTONS ASIA PTE LTD ANTI-MONEY LAUNDERING AND COUNTERING TERRORISM FINANCING CODE

1. ENTITY & OWNERSHIP 1 Full Legal Name

Anti-Money Laundering Policy (AML)

RELIANCE ON THIRD PARTIES

Know Your Customer Policy

POLICIES AND PROCEDURE FOR PREVENTION OF MONEY LAUNDERING. (Issued as per the requirements of the Prevention of Money-laundering Act, 2002)

DEVELOPMENT BANK OF IRAN (EDBI)

Guidelines Governing Money Laundering and Terrorist Financing Risk Assessment and Relevant

AUSTRAC Guidance Note. Risk management and AML/CTF programs

Transcription:

Risk-based approach and the risk management and compliance programme Presented by Ashleigh Mooij 11 September 2018

SCOPE Risk-based approach What is risk What is required of an accountable institution in terms of the risk-based approach? Unpacking the risk management and compliance programme Slide 2 of 147

Risk-based approach Amendments to FIC Act resulted in paradigm shift Rules based old Prescriptive Narrow/strict interpretation of requirements Minimal ownership of AML understanding by AIs Tick box approach applied Risk based new Risk to AI is fundamental in application Ownership in understanding AML risk Focus on higher risk areas Compliance requirements met more efficiently and cost effectively Slide 3 of 147

Risk-based approach What is risk? Likelihood and impact of uncertain events on set objectives. International best practice rating methodology Uncertainty is a function of o Threats potential to cause harm o Vulnerability things that can be exploited by threats o Consequence impact of threat/exploitation Slide 4 of 147

Risk-based approach Which risks are we talking about? Money Laundering risk Money Laundering Proceeds of crime Placement, layering, integration Proceeds no longer associated with underlying criminal activity Proceeds appear legitimate Slide 5 of 147

Risk-based approach Terrorist financing risk Terrorist Financing Solicitation, collection and providing funds and assets with intention to be used to support terrorist acts, terrorist organisations and individual terrorists Illegal and legal sources Goal to conceal financing and nature of activity being financed Slide 6 of 147

Risk-based approach Unpacking money laundering and terror financing risks These are threats and vulnerabilities which put accountable institutions at risk of being abused in order to facilitate money laundering and terror financing activities Potential that clients may use products and services offered by the accountable institution for money laundering and terror financing purposes o Launder proceeds o Blur detection, investigation or prosecution of money laundering Applying a risk-based approach ensures that AIs are able to ensure that measures to prevent money laundering and terror financing are in proportion with the risks identified Slide 7 of 147

Risk-based approach risk management Identification of risk Assess the risk Methods to manage the risk Slide 8 of 147

Risk-based approach Identification of risk Vulnerabilities Factors to take into account when identifying risks Products and services Delivery channels Threats Geographic location Clients Other factors Abuse Slide 9 of 147

Risk-based approach Assessment of risk Review of the identified risk, applicable indicators and the interaction with different types of clients Understand the impact of the indicators Products & Services, Delivery Channels, Clients Geographic Location Slide 10 of 147

Risk-based approach Assessment of risk Risk rating, by assigning categories to different levels of risk o High/Medium/Low risk No one size fits all approach Risk rating may change, re-evaluation of risk rating is critical Smaller AI s simplistic risk scale Complex structures with multiple indicators more sophisticated risk scale Slide 11 of 147

Risk-based approach Methods to manage risk Treating the risk Risk mitigation entails control measures, systems and minimising the money laundering and terror financing risk Align money laundering and terror financing controls (measures) accordingly Systems and controls to accommodate: o Higher risk- enhanced controls required o Lower risk- lighter controls required. Transfer Tolerate Terminate (de-risk) Treat Slide 12 of 147

Risk-based approach Methods to manage risk Slide 13 of 147 Mechanisms to manage risk Systems, policies and procedures Awareness training Reporting Client and transaction analytics Process to exit high risk relationships Approval for high risk transactions and relationships Screening tools

Risk-based approach Inherent Risk Risk mitigation - treatment of risk Risk Risk Residual Risk Risk Treatment of risk = systems and controls developed to manage the identified money laundering and terror financing risks i.e. clients and products Risk will be adequately treated = level of residual risk is acceptable & within the risk appetite of the accountable institution Practical treatment: Apply RBA when carrying out customer due diligence measures in respect identified money laundering and terror financing risks Higher money laundering/terror financing risk more stringent due diligence Lower money laundering/terror financing risk lighter touch Slide 14 of 147

Risk management and compliance programme WHO All Accountable Institutions Approved by, and responsible party are the board of directors WHAT Policy, procedures, systems and controls for money laundering risk-based approach WHEN Current, and ongoing reviews WHERE All subsidiaries within the AI space International application as the minimum standard WHY To understand money laundering and terror financing risk facing the entity, and to allocate the appropriate time and resources Slide 15 of 147

Risk management and compliance programme AIs must develop, document, maintain and implement a risk management and compliance programme (RMCP) RMCP is the foundation of the AI s efforts to comply with its FIC Act obligations RMCP must incorporate all the elements relating to o o o o Policy Procedure Systems Controls Slide 16 of 147

Risk management and compliance programme The effective implementation and application of a risk-based approach is largely dependent on the accountable institution s RMCP International operations South African obligations are the minimum Review and update to the RMCP at regular intervals Approve RMCP Board of directors/senior management Ensure compliance with FIC Act and RMCP Slide 17 of 147

Risk management and compliance programme Unpacking the RMCP Risk identification Customer Due Diligence Transactional monitoring Record keeping Reporting to the FIC Extended registration model of entity Implementation of RMCP Slide 18 of 147

Risk management and compliance programme Risk identification The risks that the products or services may involve or facilitate money laundering must be: o Identified o Accessed o Monitored o Mitigated o Managed Slide 19 of 147

Risk management and compliance programme Customer Due Diligence Slide 20 of 147 Identification if prospective client, or client who has established a relationship / once-off transaction Provisions relating to not dealing with anonymous and fictitious clients section 20A Establishment and verification of client identification (CDD / KYC / FIC Act) section 21 Additional due diligence for legal persons, trusts and partnerships Ongoing due diligence Process when there are doubts about information or documentation received (veracity) Process to exit a relationship when customer due diligence cannot be conducted

Risk management and compliance programme Customer due diligence How to determine if a client is a foreign prominent public official or domestic prominent influential person (politically exposed person or politically influential person) Process for enhanced due diligence for high risk clients Evidence how customer due diligence is linked to risk (low risk application vs high risk application) Slide 21 of 147

Risk management and compliance programme Transactional monitoring Manner in which future transactions will be consistent with knowledge of client Examination and records of o Complex/unusually large transactions o Unusual patterns that have no apparent business or lawful process Slide 22 of 147

Risk management and compliance programme Record keeping Customer due diligence and transactional information obtained how and where will these records be kept? o Who will have access to these records o Measures in place to safeguard the records o 3 rd party storage? o Electronic vs manual record keeping o How long will the records be kept (i.e. 5 years) Slide 23 of 147

Risk management and compliance programme Reporting to the FIC When is a transaction or activity reportable to the FIC o Suspicious or unusual transactions (STR) o Cash Threshold (CTR) o Terrorist Property and Target Financial Sanctions (TPR) o International Fund Transfer (IFTR) Timing of reporting (to tie in with provisions of FIC Act) Manner of reporting (i.e.. goaml, user access etc.) Slide 24 of 147

Risk management and compliance programme Extended registration model of entity When an entity has branches, subsidiaries or other operations in foreign countries Does the host country of the foreign branch permits FIC Act obligations or measures Advise the FIC accordingly South African requirements remain the minimum requirement (i.e. if in another country and if they have a lower standard than South Africa) Slide 25 of 147

Risk management and compliance programme Implementation of RMCP Process for implementing the risk management and compliance programme o Role definition in terms of application o Clear approval by senior management/board o Process to review and update risk management and compliance programme o Training on risk management and compliance programme. Slide 26 of 147

Slide 27 of 147 THANK YOU

Questions and discussion Slide 28 of 147

Contact Us www.fic.gov.za Compliance Contact Centre 012 641 6000 Slide 29 of 147