Anti Money Laundering Policy

Similar documents
Financial and Commercial Services UNIVERSITY OF BRADFORD ANTI-MONEY LAUNDERING POLICY

National Film & Television School ( the School ) Anti-Money Laundering Policy 1

MONEY LAUNDERING - HIGH VALUE DEALERS

Anti-Money Laundering Policy

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

3.1 The legislation defines the offences relating to money laundering as:

Anti-Money Laundering Policy and Procedure

Anti-Money Laundering Policy June 2017

Money Laundering And The Proceeds Of Crime

Anti-Money Laundering Policy

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

2003 Proceeds of Crime SRO. 22 (Anti-Money Laundering) Regulations

VIRGIN ISLANDS ANTI-MONEY LAUNDERING REGULATIONS, 2008 ARRANGEMENT OF REGULATIONS

Institute of Actuaries DPB Compliance Bulletin No. 23 October 2011 Anti Money Laundering

READING COMMUNITY LEARNING CENTRE

ANTI-MONEY LAUNDERING POLICIES, CONTROLS AND PROCEDURES

Counter Fraud Framework Manual Anti-Money Laundering Policy Statement and Procedure

ANTI-MONEY LAUNDERING REGULATIONS, No. of 2001 ARRANGEMENT OF REGULATIONS

ANTI-MONEY LAUNDERING REGULATIONS, 2011 ARRANGEMENT OF REGULATIONS

Financial Intelligence Act 13 of 2012 section 73(2)

AMENDMENTS TO THE MONEY LAUNDERING (JERSEY) ORDER 2008

Money Laundering and the Proceeds of Crime

June Background

AC NOTE FICA. What FICA governs and requires

SFC consultation paper on proposed anti-money laundering and counterterrorist

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

Appendix A Anti-Money Laundering and Countering the Financing of Terrorism Code

Anti Money Laundering and Sanctions Rules and Guidance (AML)

SAINT VINCENT AND THE GRENADINES STATUTORY RULES AND ORDERS 2002 NO (GAZETTED 2002) PROCEEDS OF CRIME (MONEY LAUNDERING) REGULATIONS, 2002

James London. Financial Services Authority

Produced by Corbin Communications Ltd.

CAYMAN ISLANDS MONETARY AUTHORITY

Merseytravel Anti Money Laundering Policy and Procedures (DCD/49/12) Report of the Director of Corporate Development

QFC ANTI MONEY LAUNDERING REGULATIONS

ANTI-MONEY LAUNDERING POLICIES OF REMAX ZEST (ZEST FOR REALTY LTD)

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

Appendix 2. In this Appendix underlining indicates new text and striking through indicates deleted text. The DFSA Rulebook

Anti-Money Laundering Measures in the British Virgin Islands

REGULATORY OVERVIEW. In addition to the licensing requirements on corporations that carry on regulated activities, any individual who:

Credit unions will also need to be aware of CRED G to J G.

Appendix 2. The text in this appendix is new and is not underlined and struck through in the usual manner. The DFSA Rulebook

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

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

BERMUDA CHARITIES (ANTI-MONEY LAUNDERING, ANTI-TERRORIST FINANCING AND REPORTING) REGULATIONS 2014 BR 96 / 2014

BERMUDA PROCEEDS OF CRIME (ANTI-MONEY LAUNDERING AND ANTI-TERRORIST FINANCING) REGULATIONS 2008 BR 77 / 2008

ANTI-MONEY LAUNDERING POLICY

ANTI-MONEY LAUNDERING STATEMENT

Financial Crime Return

PROCEEDS OF CRIME (MONEY LAUNDERING) & ANTI-TERRORIST FINANCING (AML/ATF)

PRACTICE CIRCULAR ON THE PREVENTION OF MONEY LAUNDERING AND COUNTERING THE FINANCING OF TERRORISM 08-13

TRUSTEES AND THE NEW ANTI-MONEY LAUNDERING REGIME

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

Date: Version: Reason for Change:

Anti-Money Laundering and Counter Terrorism

REGULATORY AND LICENSING REQUIREMENTS

Policy on Anti Money Laundering and Countering Terrorist Financing

Supplement No. 1 published with Extraordinary Gazette No. 11 dated 1 June, THE PROCEEDS OF CRIMINAL CONDUCT LAW (2005 REVISION)

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

SUSPICIOUS TRANSACTIONS AND ANTI-MONEY LAUNDERING GUIDELINES

PART 2 CUSTOMER DUE DILIGENCE

Joint Equity. Anti-Money Laundering Compliance Manual

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

This document has been provided by the International Center for Not-for-Profit Law (ICNL).

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

Money Laundering, why it happens, how it happens, how it affects housing associations and how to reduce the risks. Steve Mackle

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

PROCEEDS OF CRIME (MONEY LAUNDERING) & TERRORIST FINANCING (AML/ATF)

SUSPICIOUS TRANSACTIONS AND ANTI-MONEY LAUNDERING GUIDELINES

SAINT CHRISTOPHER AND NEVIS STATUTORY RULES AND ORDERS. No. 46 of 2011

Jersey Financial Services Commission

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

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

STEP CERTIFICATE IN ANTI-MONEY LAUNDERING. Syllabus

FRANCE BENEFICIAL OWNERSHIP TRANSPARENCY

REPORTING LARGE TRANSACTION REPORTS, SUSPICIOUS OR ATTEMPTED TRANSACTION (STATR) TERRORIST PROPERTY

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

Anti Money Laundering - Financial Crime Compliance

SOCA Alert A9A194N. The use of music tours and club events as a vehicle for money laundering

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

ABCsolutions Inc. CREA Module Three: Reporting Requirements

Anti- Money Laundering & Combating Financing of Terrorism. Training for Insurance Agents By Joseph Owuor

FINAL NOTICE. Abbey National plc. Abbey National House 2 Triton Square Regent's Place London NW1 3AN. Date: 9 December 2003

Anti-Money Laundering Awareness Training Insurance Industry-Hong Kong

FEDERAL PUBLIC SERVICE ECONOMY, S.M.E.s, SELF EMPLOYED AND ENERGY [IC /11538]

SUSPICIOUS TRANSACTIONS AND ANTI-MONEY LAUNDERING GUIDELINES

Anti-Money Laundering Law of the People's Republic of China

B L.N. 372 of 2017 PREVENTION OF MONEY LAUNDERING ACT (CAP. 373) Prevention of Money Laundering and Funding of Terrorism Regulations, 2017

David Oliver Senior Manager Compliance

2007 Money Laundering Prevention No.2 SAMOA

Act.13/2000 Anti-money laundering Regulations, 2000 R.A. 37/2000

The use of money laundering systems to combat corruption Martin Comley

SUSPICIOUS TRANSACTIONS AND ANTI-MONEY LAUNDERING GUIDELINES

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

Supplement No.18 published with Gazette No.15 dated 28 July, THE SECURITIES INVESTMENT BUSINESS LAW (2003 REVISION)

University of Oxford Treasury Management Code of Practice. Index. Section 5 - The Treasury Management Policy Statement **********

APPENDIX 2 CORPORATE ANTI-FRAUD AND CORRUPTION STRATEGY

Anti-money laundering guidance for money service businesses

GUIDELINES TO MAS NOTICE 314 ON PREVENTION OF MONEY LAUNDERING AND COUNTERING THE FINANCING OF TERRORISM

SWITZERLAND BENEFICIAL OWNERSHIP TRANSPARENCY

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

Transcription:

Anti Money Laundering Policy Money Laundering Regulations 2003 Proceeds of Crime Act 2002 1. Policy Statement 1.1 Amber Valey Borough Council ( the Council ) has identified therequirements of the Money Laundering Regulations 2003 and Proceeds of Crime Act 2002. It will adopt the procedures stated below to ensure compliance. 2. Background 2.1 Money Laundering is the term used for a number of offences involving the integrating of dirty money (i.e. the proceeds of crime) into the mainstream economy. The objective is to legitimise the possession of such monies through circulation and this efectively leads to clean funds being received in exchange. The Money-Laundering Regulations 2003 attempt to provide a preventative solution to this problem. 2.2 The following requirements are reinforced by the money laundering sections of the Proceeds of Crime Act 2002 and the Terrorism Act 2000. 3. Requirements of the Money Laundering Regulations 2003 3.1 The 2003 Regulations require that relevant businesses adopt a number of key measures to counter money laundering. 3.2 There are different obligations under the legislation dependent on the nature of the business or individuals role within the organisation. The Regulations include the following summary of relevant businesses: Investment business Accountancy and audit Money service operators Estate agency work Operating a casino Insolvency practitioners Tax service Providing legal services, including financial or real property transactions

Company and Trust formation, operation or management dealing in goods that involve accepting payments in cash of 15,000 Euros ( 10,000 approx.) or more (high value dealers). More relevant to local authorities, however, are the requirements of the Proceeds of Crime Act 2002. These stipulate the reporting of suspicions of any potentially ill-gotten gains or attempted recycling thereof. This will have implications for the Council s Benefit ServicesBusiness Unit, amongst others, as technically all suspected instances of fraud would have to be reported to the National Criminal Intelligence Service (NCIS). 3.3 Measures required include: Training of staff to recognise transactions that may indicate money laundering The appointment of a Money-Laundering Reporting Officer who will receive staff disclosures on suspicions of money laundering Verifying the identity of new clients and keeping records of evidence obtained Reporting any suspicious transactions to the National Criminal Intelligence Service (NCIS). 4. Application of the Regulations to Council Activities 4.1 Whilst local authorities are not separately identified in the list of relevant businesses shown in 3.2, there are some local authority activities that could come within the scope of the Money Laundering Regulations, for example: Investments this would cover activities such as the issue of local bonds (not currently undertaken) or transfers to or from non-uk banks Sale of land/buildings (as sale proceeds could be in cash) Receipt of Cash Payments may relate to the sale of goods (e.g. land or equipment) as opposed to services (e.g. NNDR or property rents) However, all services and any suspicious amounts are implicated under the Proceeds of Crime Act 2002. 4.2 The money laundering requirements, from this Council s point of view, are: Provision of training to relevant officers on the requirements of the legislation, including the identification of suspicious transactions, identity verification and reporting procedures Relevant officers have already been identified as Cashiers and Revenues, Treasury Management, Legal, Audit, Property and Benefit Services staff, although every officer in the Council is technically implicated Establishment of procedures for the above officers to report any suspicions to the Money Laundering Reporting Oficer ( MLRO ) e.g. al suspicious cash payments of 1,000 or more 2

Designation of an officer as the Money Laundering Reporting Officer, who will receive any reports, keep records and if considered appropriate, make reports to the National Criminal Intelligence Service (NCIS) Revision of existing Treasury Management Practices to take account of the revised requirements, particularly in respect of training for staff, investment and borrowing counterparties and reporting. 5. Procedures Each relevant officer should in the course of Council business implement: 5.1 Identification procedures (SI 2003/3075 Money Laundering Regulations, 4 & 5): These regulations apply if: a). The Council is forming a business relationship; or b). Considering undertaking a one-off transaction, and i). Suspect a transaction involves money laundering; or ii). A payment is to be made for 15,000 or more (approximately 10,000); c). In respect of two or more one-off transactions that the transactions are linked and involve 15,000 or more In these instances the Council will: a). Set up and maintain identification procedures to ensure the client produces satisfactory evidence of his or her identity; b). Follow the procedures to ensure the client provides satisfactory evidence. These procedures should reflect: a). The greater potential for money laundering if the client is not physically present when being identified; b). If satisfactory evidence is not obtained the relationship or transaction does not proceed c). If the client acts, or appears to act, for another person, reasonable measures must be taken for the purpose of identifying that person. The primary exception to this requirement is if the client carries on FSA regulated business in the UK (or comparable by overseas regulatory authority) it is not required that the officer obtain evidence. In this case, most treasury transactions will be undertaken with or via relevant businesses, although there may be isolated exceptions such as the Post Office. If any treasury investment clients are not known to the Council the treasury officer will ensure their identification by checking the credit-rating of the firm via the Council s treasury advisers. However, even when dealing via a broker it is stil the Council s ultimate responsibility to verify the counterparty, not the broker s. This would normaly be undertaken during the compilation of the counterparty list. If the client is neither credit-rated nor known to be carrying on regulated business (e.g. FSA), the Council will not deal with that firm. 3

The Council already restricts its Treasury Management activity to certain financial institutions in order to meet its own Treasury Management and Investment Strategies, which are approved by the Council annually. 5.2 Record-keeping procedures (Money Laundering Regulation 6): The Council will maintain procedures covering the retention of records. To ensure compliance, records are required to be kept for 5 years after the end of the transaction or relationship. 5.3 Internal reporting procedures (Money Laundering Regulation 7) The Council will maintain internal reporting procedures which document:- a). The nominated oficer who wil be the Money-Laundering Reporting Officer (MLRO) who will receive nominations under this regulation; that officer is the Council s Monitoring Oficer; b). Any other person in the organisation to whom information may arise which may result in them knowing or suspecting reasonable grounds for knowing or suspecting money laundering, fraud or use of the proceeds of crime; c). If the MLRO receives a disclosure they should consider, in the light of all information, whether it gives rise to such knowledge or suspicion; and d). If the MLRO determines that the information or matter should be disclosed they should do so to the National Criminal Intelligence Service (see 5. below). 5.4 Other procedures (Money Laundering Regulation 3(b)) The Council will establish other procedures of internal control and communication as may be appropriate for the purpose of forestalling and preventing money laundering:- Refunds Care will need to be taken especially with the procedures for refunds. For instance, a significant overpayment which results in a repayment will need to be properly investigated and authorised before payment. In the event of any suspicious transactions, the Council s Monitoring Oficer (i.e. the MLRO) will be contacted and the Audit Manager will investigate the case. The possible perpetrator should not be informed (i.e. nor tipped of ). 5.5 Training (Money Laundering Regulation 3(c)) The Council will take appropriate measures to ensure that relevant employees are: a). Made aware of the provisions of these regulations, Part 7 of the Proceeds of Crime Act 2002, Section 117 of the Anti-Terrorism, Crime and Security Act 2001 and Sections 18 and 21A or the Terrorism Act 2000 (these deal with the offences and are available from www.legislation.hmso.gov.uk); 4

b). Given training in how to recognise and deal with transactions which may be related to money laundering. c) The training will be given in-house over the course of the next three months. National Criminal Intelligence Service - In the event of an offence or a possible offence the MLRO (i.e. the Monitoring Officer) will contact: NCIS Law enforcement personnel initially through 0207238 8000. AAM/Internal Audit March 2005 5