The Handbook. Sator Regulatory Consulting Limited. Helen M Hatton, Managing Director

Similar documents
Draft. HANDBOOK FOR THE PREVENTION AND DETECTION OF MONEY LAUNDERING AND THE FINANCING OF TERRORISM Draft May 2006

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

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

HANDBOOK FOR LEGAL PROFESSIONALS, ACCOUNTANTS AND ESTATE AGENTS ON COUNTERING FINANCIAL CRIME AND TERRORIST FINANCING

TRUST COMPANY BUSINESS

POSITION PAPER NO IMPLEMENTATION OF THE HANDBOOK FOR THE PREVENTION AND DETECTION OF MONEY LAUNDERING AND THE FINANCING OF TERRORISM

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

Webinar 01: AML/CFT Requirements Overview. 4 th July 2018

The Handbook is in final draft form as the legislation is awaiting approval by the States of Guernsey next month [December 2018].

TRUST COMPANY BUSINESS

ANTI-MONEY LAUNDERING AND COUNTERING THE FINANCING OF TERRORISM HANDBOOK JANUARY 2018

Anti-Money Laundering Policy June 2017

STEP CERTIFICATE IN ANTI-MONEY LAUNDERING. Syllabus

CAYMAN ISLANDS MONETARY AUTHORITY

THEMED EXAMINATION PROGRAMME 2011: ANTI-MONEY LAUNDERING AND COMBATING THE FINANCING OF TERRORISM

CONSULTATION PAPER NO JUNE 2016 PROPOSED CHANGES TO THE ANTI MONEY LAUNDERING, COUNTER- TERRORIST FINANCING AND SANCTIONS MODULE

CAYMAN ISLANDS MONETARY AUTHORITY PRIVATE SECTOR CONSULTATION

ZIMBABWE NATIONAL ANTI-MONEY LAUNDERING AND COMBATING FINANCING OF TERRORISM STRATEGIC PLAN FOR THE PERIOD:

TRUST COMPANY BUSINESS

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

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

Attachment: References for formulating a list of countries/regions with higher risks of money

9. SCREENING, AWARENESS AND TRAINING OF EMPLOYEES

ANTI-MONEY LAUNDERING/ COUNTERING THE FINANCING OF TERRORISM STRATEGY GROUP

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

Anti Money Laundering and Sanctions Rules and Guidance (AML)

Guidance on Assessment of Money Laundering and Terrorism Financing Risks and Formulation of Related Control Programs by Futures Commission Merchants

Policy on Anti Money Laundering and Countering Terrorist Financing

Re: Compliance with the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 ( CJA 2010 )

Financial Crime Supervision of the Fund Sector

Anti-Money Laundering Policy

STATEMENT OF ANTI-MONEY LAUNDERING (AML) AND COMBATING THE FINANCING OF TERRORISM (CFT) POLICIES AND PRINCIPLES

Accountants and Tax Advisors

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

(Revised: 7 December 2016)

The Handbook on Countering Financial Crime & Terrorist Financing

Anti-money laundering and countering the financing of terrorism the Reserve Bank s responsibilities and approach

AUSTRAC Guidance Note. Risk management and AML/CTF programs

OVERVIEW OF THE QFC AML REGIME

The Financial Intelligence Service

Guidance for the AML/CFT Statistical return Year ended 31 December 2016

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

Highlights New AML/CFT Legislation. George Croes Senior Policy Advisor Integrity and

AML/CFT Car Dealer Sector Supervision

Anti-Money Laundering - A Practical Guide 27th September Doug Hopton Director DTH Associates Limited

A NATIONAL RISK ASSESSMENT REGARDING AML-CFT

Anti-money laundering Annual report 2017/18

Guidelines on Anti-Money Laundering and Countering Financing of Terrorism

ANNEX III Sector-Specific Guidance Notes for Investment Business Providers, Investment Funds and Fund Administrators

Settlement Agreement between the Central Bank of Ireland and Ulster Bank Ireland DAC (formerly Ulster Bank Ireland Limited)

Anti-Money Laundering & Countering the Financing of Terrorism (AML/CFT) - Deirdre. Lowry/Suzanne Geraghty/Orna McNamara

TURKS & CAICOS ISLANDS FINANCIAL SERVICES COMMISSION COMPLIANCE REPORT (TEMPLATE)

AML & KYC. The Crime Prevention Compliance Course. This course can be presented in-house for you on a date of your choosing

GD 2017/0059 ISLE OF MAN FINANCIAL INTELLIGENCE UNIT Strategic Delivery Plan June 2017

NOTICE. Proposed Amendments to the Guidelines on the Prevention of Money Laundering & Countering the Financing of Terrorism

TRUST COMPANY BUSINESS

Financial Intelligence Service. Bailiwick of Guernsey

Anti-Money Laundering & Terrorist Financing (AMLTF) Training Course. Module: Introduction

3 IDENTIFICATION MEASURES: OVERVIEW

VIRGIN ISLANDS ANTI-MONEY LAUNDERING AND TERRORIST FINANCING CODE OF PRACTICE, 2008 ARRANGEMENT OF SECTIONS PART I

Money Laundering and Terrorist Financing Risk Assessment and Management

CORRUPTION. A Reference Guide and Information Note. on the use of the FATF Recommendations. to support the fight against Corruption

Anti-money laundering guidance for money service businesses

Financial Crime update. 12 September 2017

Politically Exposed Persons (PEPs) in relation to AML/CFT

Improving Global AML/CFT Compliance: On-going Process - 3 November 2017

The Turks and Caicos Islands Financial Services Commission

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

DFSA Annual Supervision Outreach Breakout Group # 3 Financial Crime Risks. 25 June 2018

SFC consultation paper on proposed anti-money laundering and counterterrorist

Anti-Money Laundering in e-banking and Fintech. Roland Guennou OSACO Financial

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

ANTI-MONEY LAUNDERING POLICIES, CONTROLS AND PROCEDURES

Anti Money Laundering - Financial Crime Compliance

Consultation Paper on (1) the Proposed Guideline on Anti-Money Laundering and Counter-Terrorist Financing and (2) the Proposed Prevention of Money

Payroll Agents Sector Specific AML/CFT Guidance Notes December 2015

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

CYPRUS BAR ASSOCIATION

CAYMAN ISLANDS MONETARY AUTHORITY PRIVATE SECTOR CONSULTATION

Financial Intelligence Centre Amendment Bill [B ]

Palestine Anti -Money Laundering Accreditation PAMLA

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

Trust Company Business Examination Feedback 2015

James London. Financial Services Authority

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

FINAL NOTICE. Ground Floor, 10 Chiswell Street, London, EC1Y 4UQ

VIRGIN ISLANDS ANTI-MONEY LAUNDERING AND TERRORIST FINANCING CODE OF PRACTICE, 2008

Update No (Issued 28 February 2018) Document Reference and Title Instructions Explanations

AMENDMENTS TO THE MONEY LAUNDERING (JERSEY) ORDER 2008

SUMMARY Seychelles National Risk Assessment Report for Money Laundering & Terrorist Financing 2017

Consultation Paper. The Review of the Standards Preparation for the 4 th Round of Mutual Evaluation. Second public consultation

Country Risk Updates. GFSC Newsletter No.3/2017.

FATF Report to the G20 Finance Ministers and Central Bank Governors

Financial inclusion and financial integrity Challenges and opportunities

MONEY LAUNDERING AND TERRORISM FINANCING IN THE CORPORATE SERVICE PROVIDERS SECTOR. Domestic Trends

Anti-Money Laundering Update Domestic and European developments

AML & KYC. The Crime Prevention Compliance Course. This course can be presented in-house for you on a date of your choosing

Presentation with respect to the FATF. Prakash Mungra GM Supervisory Issues

Improving Global AML/CFT Compliance: On-going Process - 24 February 2017

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

Transcription:

The Handbook Sator Regulatory Consulting Limited Helen M Hatton, Managing Director

THE NEW AML REGIME CBA OVERSIGHT THE NEW HANDBOOK STANDARDS

Law and Regulation The State Ordinance on the Prevention and Combat of Money Laundering and Terrorist Financing (AML/CFT State Ordinance) Places obligations on service providers to do certain things, failure to comply with which are criminal offences The Regulatory Laws (state Ordinances for Banking, Insurance, Money Transfer Companies and Trust Companies) include powers to issue Directives The existing AML Directives will be replaced with a new AML/CFT Handbook.

AML/CFT Handbook The AML/CFT Handbook is arranged into four sections Statutory (eg mandatory) requirements - breach = fine or prison Regulatory (eg mandatory) requirements breach = regulatory punishment Guidance Notes (eg educational) no breach Appendices covering training material, sector specific notes, typologies, sanction or warning information, etc. Some appendices carry penalties if breached and these will be clearly marked.

Handbook Objectives to outline the requirements of the various primary laws relevant to an institution s defences against money laundering and terrorist financing, including predicate offences, sanctions, etc which apply to all persons (natural or legal) in Aruba, all persons (natural or legal) operating from within the Island, and all persons incorporated or formed in Aruba conducting activities in any part of the world; to outline the requirements of the AML/CFT State Ordinance which supplements the above legislation by placing more detailed requirements on relevant persons;

Handbook Objectives to outline the requirements of the AML/CFT State Ordinance regarding those remitting or receiving wire transfers; to set out the regulatory requirements under the Banking, Insurance, Money Transfer Company and Trust Company Business laws (together referred to as the regulatory laws ) to assist a relevant person to comply with the requirements of the legislation described above and the CBA s requirements through practical interpretation

Handbook Objectives to provide a base from which individual businesses can design and implement systems and controls and tailor their own policies and procedures for the prevention and detection of money laundering and the financing of terrorism; to ensure that Aruba matches international standards to prevent and detect money laundering and the financing of terrorism; to emphasise the responsibilities of the Board of a relevant person in preventing and detecting money laundering and the financing of terrorism;

Handbook Objectives to promote the use of a proportionate, risk based approach to customer due diligence measures, which directs resources towards higher risk customers; to provide more practical guidance on identification and verification of identity; to emphasize the particular money laundering and financing terrorism risks of certain financial services and products; and to provide an information resource to be used in training and raising awareness of money laundering and the financing of terrorism.

Handbook Consultation The draft Handbook will be issued for consultation with industry during July. You need to be ready and have senior resource available to take part in that consultation exercise and to prepare written submissions to be sent to the CBA All requirements follow 40+9 Recommendations and therefore you can already start planning/introducing measures to ensure you meet the Handbook Standards in good time.

Handbook Implementation After reviewing the consultation responses a final draft will be prepared The CBA will issue the Handbook to come into force from 1 st January 2011 Transitional arrangements will be offered for certain key areas to allow you extra time to upgrade certain standards with regard to existing business. Systems must be in place to ensure new business complies immediately from 1 st January.

COFFEE

A MORE DETAILED VIEW OF THE MEASURES NEEDED INCLUDING A RISK BASED APPROACH

A NEW APPROACH The new regime extends a great deal more flexibility to industry but demands more engagement There are fewer objective grounds on which to make reports and more emphasis will be made of an institutions ability to identify and report circumstances which may be related to the proceeds of crime (remember this includes proceeds of tax evasion or evasion of exchange control or duties)

A NEW APPROACH Rather than prescriptive one size fits all rules, institutions will be expected to adjust their controls to meet the framework of legislation, according to the risks in their business. This demands careful thought on what risks your business faces and how you might monitor and mitigate those risks

RISK BASED APPROACH The Handbook adopts a risk based approach. It:- recognises that the money laundering and financing of terrorism threat to a business varies across customers, jurisdictions, products and delivery channels; allows a business to differentiate between customers in a way that matches risk in a particular business; while establishing minimum standards, allows a business to apply its own approach to systems and controls, and arrangements in particular circumstances; and helps to produce a more cost effective system.

RISK BASED APPROACH Whilst systems and controls will not detect and prevent all money laundering or the financing of terrorism, a risk based approach will serve to balance the cost burden placed on individual businesses and on their customers with a realistic assessment of the threat of a business being used in connection with money laundering or the financing of terrorism by focusing effort where it is needed and has most impact.

BOARD RESPONSIBILITY The Executive Board must conduct and document a business risk assessment. In particular, the Board must consider, on an ongoing basis, the extent of its exposure to risks by reference to its organisational structure, its customers, the jurisdictions with which its customers are connected, its products and services, and how it delivers those products and services. The Board s assessment must be kept up to date.

RISK ASSESSMENT On the basis of its business risk assessment, the Executive Board must establish a formal strategy to counter money laundering and financing of terrorism. For an Aruba business forming part of a group operating outside the Island, that strategy must protect both its global reputation and its Aruba business. Taking into account the conclusions of the business risk assessment and strategy, the Executive Board must organise and control its affairs effectively and be able to demonstrate the existence of adequate systems and controls (including policies and procedures) to counter money laundering and financing of terrorism.

SYSTEMS & CONTROLS The Executive Board must document its systems and controls (including policies and procedures) and clearly apportion responsibilities for countering money laundering and financing of terrorism, and, in particular, responsibilities of the MLCO and MLRO The Executive Board must assess both the effectiveness of, and compliance with, systems and controls and take prompt action necessary to address any deficiencies.

DISCLOSURE The Executive Board must notify the CBA immediately in writing of any material failures to comply with the requirements of the AML/CFT State Ordinance or of the Handbook. Refer to Part 3 of the Handbook for further information.

AML/CFT BARRIERS The Executive Board must consider what barriers (including cultural barriers) exist to prevent the operation of effective systems and controls to counter money laundering and the financing of terrorism, and must take effective measures to address them

HANDBOOK GUIDANCE The Executive Board may demonstrate that it has considered the business exposure to money laundering and financing of terrorism risk by: Involving all members of the Board in determining the risks posed by money laundering and financing of terrorism within those areas for which they have responsibility. Considering organisational factors that may increase the level of exposure to the risk of money laundering and financing of terrorism, e.g. outsourced aspects of regulated activities or compliance functions.

MORE GUIDANCE Considering the nature, scale and complexity of its business, the diversity of its operations (including geographical diversity), the volume and size of its transactions, and the degree of risk associated with each area of its operation. Considering who its customers are and what they do. Considering whether any additional risks are posed by the jurisdictions with which its customers (including intermediaries and introducers) are connected. Factors such as high levels of organised crime, increased vulnerabilities to corruption and inadequate frameworks to prevent and detect money laundering and the financing of terrorism will impact the risk posed by relationships connected with such jurisdictions.

MORE GUIDANCE Considering the characteristics of the products and services that it offers and assessing the associated vulnerabilities posed by each product and service, including delivery channels. For example: a. The use of third parties such as group entities, introducers and intermediaries to conduct elements of the customer due diligence process. b. Pooled relationships with intermediaries will tend to be more vulnerable - because of the anonymity provided by the co-mingling of assets or funds belonging to several customers by the intermediary.

MORE GUIDANCE c. Products such as standard current accounts are more vulnerable because they allow payments to be made to and from third parties, including cash transactions. d. Conversely, those products that do not permit third party transfers or where redemption is permitted only to an account from which the investment is funded will be less vulnerable. Considering how it establishes and delivers products and services to its customers. For example, risks are likely to be greater whether relationships may be established remotely (non-face to face), or may be controlled remotely by the customer (straight-through processing of transactions).

MORE GUIDANCE The Board must record and retain its business risk assessment. An annual, formal reassessment might be appropriate for a dynamic, growing business, but too often in some other cases, e.g. an established business with stable products and services.

CBA OVERSIGHT Through this example, you can see that the revision of the SOIPS/SORUT (the new AML/CFT State Ordinance) sets standards and the Handbook offers explanation of how regulated financial services business should meet that standard offering interpretation and examples of what the CBA will look for during on site examinations. The Handbook offers practical guidance on how you should comply.

CBA OVERSIGHT Where the Handbook uses the word may the firm has some leeway but be warned! If you choose not to follow the guidance offered by the Central Bank you need either to have met the standard through another means or to have a reason as to why the guidance was not relevant for your business document the reason.

MAKING A PLAN BOARD RESPONS- IBILITY TRANSIT- IONAL PROVISIONS MAKING A START

MAKING A PLAN There is urgent imperative. The FATF Plenary in Paris in October needs to be shown clear and significant progress. A finalized draft new primary law and finalized draft Handbook will be strong contributors to evidencing that progress.

EARLY ACTIONS Put issue New AML/CFT Standards - on Board agenda Form a Project Team Review draft handbook and submit comments to CBA Identify issues in handbook that require early action Ensure Board understands the changes necessary Review organization chart/procedures manuals Appoint MLRO (get him trained!) Draft Business Risk Assessment Formulate and adopt a policy which risk rates customers Develop (and start implementing) training plan Consider how Staff Vetting will be accomplished Formulate new CDD procedures

TRANSITIONAL PROVISIONS The AML/CFT State Ordinance will include transitional provisions to give your firm time to comply with the new requirements The law will come into force on 1 st January 2011 and new business must comply with the new customer take on standards immediately, however, there will be some additional time to adjust on other matters Transitional provisions give you a little longer to comply with certain areas. You will be asked to confirm that the tasks are concluded within the time frames you can of

TRANSITIONAL PROVISIONS The exact time frames and areas to which t/p will be extended will depend on the FATF response, the consultation and parliamentary opinions. However, the proposals as currently drafted provide the following areas and time periods:-

+3 months Areas likely to offer extra three months:- Formulate and adopt a policy and associated procedures relating to accepting business from introducers Commence reviewing existing introducers in a manner consistent with that policy (all to be completed within 6 months)

+6 months Areas likely to offer extra six months:- Carry out and complete full CDD on existing customers rated as High Risk Conclude introducer due diligence

+12 months Areas likely to offer extra 12 months:- Carry out and complete full CDD on medium risk customers

+24 months Areas likely to offer extra 24 months:- Carry out and complete necessary CDD on low risk customers

CONCLUSIONS This is a major change. The new regime requires far greater intellectual input from businesses It is no longer sufficient to follow flat rules, you have to evidence understanding of the risks your business faces and the risks that your clients introduce and show you have a strategy which addresses and monitors those risks It s a dynamic process The board is responsible. The penalties in the law arise from omission and commission.

CONCLUSIONS All is not gloom, doom and yet more regulation! The process will drive you to learn more about your own business, learn more about your clients and manage all your business risks more effectively The Crown Dependencies (Jersey, Guernsey and the Isle of Man) have all grown dramatically since July 1999 when this regime was introduced. These procedures are not a barrier to business and in fact provide a more solid platform from which your business can grow.

QUESTIONS Thank you!! Helen M Hatton Managing Director Sator Regulatory Consulting Limited www.sator.je