Category: International News

  • AML Compliance: European Union Blacklist for Tax Havens

    AML Compliance latest news: European Union Blacklist

    MEPs have called for a tightening of the rules on which countries are added or removed from the European Union blacklist and indicated that UK overseas territories such as the Cayman Islands, Bahamas, Jersey and Guernsey are among those which should be added to an EU tax havens blacklist after the conclusion of the Brexit deal, saying that Britain’s overseas territories should now be screened for potential inclusion on the list, and that the Brexit deal was based on “mutual values and geared towards common prosperity, which automatically excludes aggressive tax competition”. (more…)

  • Money Laundering Supervison

    Steve O’Neill reviews the latest statement concerning Money Laundering Supervision

    The UK’s supervisory approach to compliance of obliged entities to the Money Laundering Regulations were branded “woefully inadequate” and are failing to block “corrupt money” and terrorist funds, an anti-corruption body has warned.

    This statement was made by Transparency International UK who went on to say billions of pounds of “dirty cash” is entering Britain every year. They state that this is partly due to a fragmented network of regulators means that only a very small amount is being investigated. (more…)

  • HM Treasury issue advice about unsatisfactory money laundering controls

    HM Treasury has issued new advice about risks posed by unsatisfactory money laundering and terrorist financing controls.

    On 14 February 2014 the Financial Action Task Force (FATF) published two statements identifying jurisdictions with strategic deficiencies in their anti-money laundering and counter financing regimes.

    The Money Laundering Regulations 2007 require regulated entities to put in place policies and procedures in order to prevent activities related to money laundering and terrorist financing.

    Higher Risk Jurisdictions

    In response to the statements published by FATF on 14 February 2014, HM Treasury advises firms to:

    Consider the following jurisdictions as high risk for the purposes of the Money Laundering Regulations 2007, and so advises firms to apply enhanced due diligence measures in accordance with the risks:

    Algeria DPRK* Ecuador Ethiopia
    Indonesia Iran* Myanmar Pakistan
    Syria* Turkey Yemen

     

    Take appropriate actions in relation to the following jurisdictions to minimise the associated risks, which may include enhanced due diligence measures in high risk situations:

    Afghanistan* Albania Angola Argentina Cambodia Cuba
    Iraq* Kenya Kuwait Kyrgyzstan Lao PDR Mongolia
    Namibia Nepal Nicaragua Papua New Guinea Sudan Tajikistan
    Tanzania Uganda Zimbabwe*

     

    *These jurisdictions are subject to sanctions measures at the time of publication of this notice which require firms to take additional measures.

     

  • Cyprus damned on money laundering through leaked report

    Almost 60 percent of one of the bailed out Cypriot bank’s clients are “high risk” in terms of money laundering and almost a third of all bank depositors’ records contain errors, according to a leaked EU report.

    The report which was published by the Cypriot website stockwatch.com.cy – was drawn up in April by Moneyval, a unit of the Strasbourg-based Council of Europe, and by accountancy firm Deloitte on the request of eurozone finance ministers.

    The leaked four-page resume paints a damning picture of what goes on in the mini financial centre which just got €2 billion of EU taxpayers’ money. The full version, containing banks and customers’ names, is still firmly under lock and key.

    Deloitte looked at the six Cypriot banks which hold €2 billion or more in deposits. It then looked at 90 of the biggest big borrowers, worth €16 billion in total loans, 180 big depositors, worth €8 billion and a further 120 randomly selected customers.

    When analysing these customers, in terms of doing business with potential crooks, it found that 10 percent of all of them are “politically exposed persons” and that 58 percent of customers in one of the six banks pose a “high risk” on money laundering.

    It came to this conclusion by the information obtained from “simple commercial database checks” even though the banks themselves had failed to flag them.
    In terms of knowing who their customers really are, Deloitte said 27 percent of all depositors’ files and 11 percent of borrowers’ files “showed inaccurate information on the customer and beneficial owner.”

    It noted that banks rely on “introducers” or professional enablers, that is firms of lawyers and accountants who work for the real owners of accounts for 75 percent of their international business, muddying the water on customer identity.

    It added that when dealing with more “complex” structures – that is accounts held by firms with three or more layers of nominal owners between the bank and the real customer – the banks only did proper ID and KYC checks in just 9 percent of cases.

    These banks launched just four internal probes on potential money laundering on the sample clients between 2008 and 2012. They reported zero “suspicious transactions” to Cypriot authorities in 2008 to 2010, one in 2011 and “a few” in 2012.

    But Deloitte identified 29 potential cases of suspicious activity in the last 12 months alone, some of which it described as “very compelling cases.” “Deloitte’s analysis exposes systemic deficiencies in the implementation of preventive measures by the audited institutions,” the leaked report says.

    “Overall awareness regarding clients presenting higher risk profiles was not demonstrated to be robust,” it adds. The paper gives the lie to Cypriot diplomats and politicians who have been telling media in recent months the island adheres to international standards.

    It also casts doubt on the credibility of Moneyval, whose previous reports gave Cyprus a clean bill of health. “While Moneyval was not able to access actual customer files, its findings significantly revise its previous, more favourable assessment of Cyprus’ AML [anti-money-laundering] system,” the report notes.

    Moneyval, as an intergovernmental body, can only look at the work of Cypriot government institutions, which is one reason why the eurozone ministers brought in Deloitte.
    The man who chairs the ministers’ meetings, Dutch finance chief Jeroen Dijsselbloem, has said the EU will draft an “action plan” for Cyprus to enact if it wants to keep the bailout money flowing.

    German leader Angela Merkel in April also promised the Bundestag that she will clean up Cyprus if MPs approved the EU rescue. But the leaked paper risks making her look bad in the run-up to elections in September.  “It could be quite problematic for Merkel. If German people saw the report, they might say: ‘I would not give my money to such a country’,” an EU diplomat told the website.

  • Revised FATF Recommendations

    The long awaited revised FATF Recommendations on International Standards on Combatting Money Laundering and the Financing of Terrorism and Proliferation was finally published on 16 February. Following several rounds of consultation the revised Recommendations contain no real surprises in the publishes outcome, but a lot of disappointment has been aired by various groups who feel that the FATF has not gone far enough to tackle corruption and tax evasion despite the FATF’s best intentions.

    Serious tax crimes have now been added to the list of predicate offences. The smuggling offence has also been clarified to include offences relating to customs and excise duties and taxes. These changes mean that financial institutions and other regulated business types need to be on the lookout for suspected tax evasion by their clients. This was an area of concern during the consultation phase as many felt that the many, if not most, private sector regulated businesses  lacked the requisite expertise to detect tax crimes and that the playing field remains far from level creating an inequality and further burden for businesses faced with the task of digging out possible criminality. Whereas many countries did not may tax crime a reportable offence, all countries will now need to ensure that tax crimes are included in their anti-money laundering legislation to track down the proceeds of fiscal offences.

    Another area of contention surrounds the identification of beneficial ownership. Despite the intention of clarifying and simplifying the requirement to identify ultimate beneficial owners (UBOs) the corporate veil remains. The new requirements for nominee directors and shareholders to disclose their status to the company registry, or be licensed, will start to reduce the risks in relation to the camouflaging of ownership.

    The FATF have finally included domestic politicians in their definition of PEPs removing what was a somewhat ridiculous anomaly. The focus has increased globally with the risk of corruption high on the agenda of the G20. Non-conviction based asset forfeiture now also features on the agenda.

    The former nine Special Recommendations on Terrorist Financing are now incorporated into the main 40 Recommendations reflecting the close connection between terrorist financing and anti-money laundering measures. A new addition of proliferation financing has been added to assess countries’ compliance with targeted financial sanctions of UN Security Council Resolutions that focus on the financing of proliferation activities, specifically targeting Iran and North Korea.

    The revised standards are a first step and countries now need to implement their recommendations into law with the new standards being incorporated into evaluations by February 2013. In the UK we would expect the fourth European Directive in be in place by this date, followed closely by our own revised Money Laundering Regulations.

    The long awaited revised FATF Recommendations on International Standards on Combatting Money Laundering and the Financing of Terrorism and Proliferation was finally published on 16 February. Following several rounds of consultation the revised Recommendations contain no real surprises in the publishes outcome, but a lot of disappointment has been aired by various groups who feel that the FATF has not gone far enough to tackle corruption and tax evasion despite the FATF’s best intentions.

    Serious tax crimes have now been added to the list of predicate offences. The smuggling offence has also been clarified to include offences relating to customs and excise duties and taxes. These changes mean that financial institutions and other regulated business types need to be on the lookout for suspected tax evasion by their clients. This was an area of concern during the consultation phase as many felt that the many, if not most, private sector regulated businesses  lacked the requisite expertise to detect tax crimes and that the playing field remains far from level creating an inequality and further burden for businesses faced with the task of digging out possible criminality. Whereas many countries did not may tax crime a reportable offence, all countries will now need to ensure that tax crimes are included in their anti-money laundering legislation to track down the proceeds of fiscal offences.

    Another area of contention surrounds the identification of beneficial ownership. Despite the intention of clarifying and simplifying the requirement to identify ultimate beneficial owners (UBOs) the corporate veil remains. The new requirements for nominee directors and shareholders to disclose their status to the company registry, or be licensed, will start to reduce the risks in relation to the camouflaging of ownership.

    The FATF have finally included domestic politicians in their definition of PEPs removing what was a somewhat ridiculous anomaly. The focus has increased globally with the risk of corruption high on the agenda of the G20. Non-conviction based asset forfeiture now also features on the agenda.

    The former nine Special Recommendations on Terrorist Financing are now incorporated into the main 40 Recommendations reflecting the close connection between terrorist financing and anti-money laundering measures. A new addition of proliferation financing has been added to assess countries’ compliance with targeted financial sanctions of UN Security Council Resolutions that focus on the financing of proliferation activities, specifically targeting Iran and North Korea.

    The revised standards are a first step and countries now need to implement their recommendations into law with the new standards being incorporated into evaluations by February 2013. In the UK we would expect the fourth European Directive in be in place by this date, followed closely by our own revised Money Laundering Regulations.

  • FATF Release new guidance

    The Financial Action Task Force, the global standard-setter in the fight against money laundering and terrorist financing, has revised the Recommendations after more than two years of efforts by member countries. The Recommendations are used by more than 180 governments to combat these crimes. The revisions, made with inputs from governments, the private sector, and civil society, provide authorities with a stronger framework to act against criminals and address new threats to the international financial system.

    The cost of money laundering and underlying serious crime is very large, estimated between 2 and 5% of global GDP. The revision will enable national authorities to take more effective action against money laundering and terrorist financing at all levels – from the identification of bank customers opening an account through to investigation, prosecution and forfeiture of assets. At the global level, the FATF will also monitor and take action to promote implementation of the standards.

    The revised FATF Recommendations now fully integrate counter-terrorist financing measures with anti-money laundering controls, introduce new measures to counter the financing of the proliferation of weapons of mass destruction, and they will better address the laundering of the proceeds of corruption and tax crimes. They also strengthen the requirements for higher risk situations and allow countries to take a more targeted risk-based approach.

    Giancarlo Del Bufalo, the President of the FATF, said:

    “Adoption of the revised Recommendations demonstrates countries’ shared commitment to fight money laundering, terrorist financing and the financing of the proliferation of weapons of mass destruction.”

    “The revised Recommendations include requirements for stronger safeguards in the financial sector, strengthened law enforcement tools and improved international cooperation.”

    The main changes are:

    Combating the financing of the proliferation of weapons of mass destruction through the consistent implementation of targeted financial sanctions when these are called for by the UN Security Council.

    Improved transparency to make it harder for criminals and terrorists to conceal their identities or hide their assets behind legal persons and arrangements.

    Stronger requirements when dealing with politically exposed persons (PEPs).

    Expanding the scope of money laundering predicate offences by including tax crimes.

    An enhanced risk-based approach which enables countries and the private sector to apply their resources more efficiently by focusing on higher risk areas.

    More effective international cooperation including exchange of information between relevant authorities, conduct of joint investigations, and tracing, freezing and confiscation of illegal assets.

    Better operational tools and a wider range of techniques and powers, both for the financial intelligence units, and for law enforcement to investigate and prosecute money laundering and terrorist financing.

    For more information on the FATF Recommendations, please visit the publication page on www.fatf-gafi.org/recommendations

  • 09.09.09 Proposed amendments to Jersey’s Anti-Money Laundering Legislation

    The Jersey Financial Services Commission has published a consultation paper concerning proposed amendments to the ‘Money Laundering (Jersey) Order 2008’.

    The Money Laundering (Jersey) Order 2008’ requires Regulated businesses to apply policies and procedures for the prevention and reporting of money laundering. These include policies and procedures for customer due diligence, record keeping, and reporting ‘suspicious activity concerning money laundering and terrorist financing.

    Businesses that form the regulated sector include banks and financial institutions, money service businesses, trust and company service providers, law firms, accountants, and estate agents.

    This amendment order has been made necessary in the light of some technical points that have been raised in a recent review of the Jersey framework for the prevention and detection of money laundering and terrorist financing conducted by the International Monetary Fund (IMF).

    Among the proposed amendments, the paper also considers the possibility of extending powers to the Minister for Treasury & Resources to apply countermeasures where the Financial Action Task Force (FATF) issue recommendations. This may in be respect to countries or regimes that have weak or nonexistent anti-money laundering and the combating of terrorist financing legislation.

    The Jersey Financial Services Commission explained on Monday that the main effects of Amendment No. 4 would be to:

    • Clarify the application of customer due diligence measures to trusts and other legal arrangements;
    • Clearly set out the records that a Money Laundering Compliance Officer and Money Laundering Reporting Officer must have access to in order to carry out their statutory functions;
    • Require particular attention to be paid to implementing policies and procedures that are sufficient to prevent and detect money laundering and terrorist financing in subsidiaries and branches that are situated in countries and territories that do not, or insufficiently apply, the Financial Action Task Force Recommendations;
    • Restate the requirement that customer information must always be collected before a relationship is established – where a customer is introduced by one business to another; and
    • Amend the scope of some of the concessions that may be used when applying due diligence measures to a customer who is considered to present a low risk of money laundering or terrorist financing.

    The proposed amendments have been discussed with the Commission’s Steering Group for the Prevention and Detection of Money Laundering and Terrorist Financing.

    Visit the BTC website for compliance help and support for firms in the regulated sector

  • 04.09.09 Netherlands Concludes TIEAs With Caribbean Islands

    In a further tightening of the net for international tax evasion, the Netherlands Ministry of Finance has announced the signing of tax information exchange agreements (TIEAs) with three Caribbean territories.

    The agreements with St Kitts and Nevis, and the TIEAs with Antigua and Barbuda and St Vincent and the Grenadines, were all signed on the sidelines of the recent OECD forum.

    The conventions contained with the agreements, will allow the exchange of fiscal information between the tax authorities in the case of tax crimes, and in civil tax matters.

    The Netherlands Ministry of Finance noted that the agreements marked a significant step in combating tax evasion, fraud, money laundering and the financing of terrorism, as cooperation between the Netherlands and the Caribbean islands will be significantly enhanced with regard to tax matters.

    The Dutch Finance Ministry revealed that it had also reached agreements for the text of further TIEAs with two more jurisdictions, namely, the Cook Islands and Samoa and that it also expects to sign a double tax treaty with Bahamas that will incorporate the internationally-agreed standard in due course.

    Visit the BTC main site for more information of money laundering compliance in the regulated sector.

  • 25/02/09 India poised to have FATF entry approved

    New Delhi: A Bill aimed at effectively combating money-laundering, terror financing and cross-border economic offences was passed by Parliament on Tuesday, with the Lok Sabha approving the measure.

    The Prevention of Money Laundering (Amendment) Bill, 2009, passed by the Rajya Sabha last week, seeks to ensure a legal framework to check such crimes. Winding up a discussion on the Bill in the Lok Sabha, minister of state for finance PK Bansal assured the House that the government would not be found wanting in taking action against those indulging in money-laundering. The new law seeks to check use of black money for financing terror activities.

    Financial intermediaries like full-fledged money changer, money transfer service providers such as Western Union and International Payment gateways, including VISA and MasterCard have also been brought under the ambit of The Prevention of Money-Laundering Act.

    Consequently, these intermediaries, as also casinos, will be brought under the reporting regime of the enforcement authorities. It would also check the misuse of promissory notes by FIIs, who would now be required to furnish all details of their source.

    Bansal said the Act would check misuse of “proceeds of crime” be it from sale of banned narcotic substances or breach of the Unlawful Activities (Prevention) Act.

    The passage of the Prevention of Money Laundering (Amendment) Bill, 2009 will enable India’s entry into Financial Action Task Force (FATF), an inter-governmental body that has the mandate to combat money laundering and terrorist financing.

    The Bill, after becoming an Act, will address India’s international obligation and empower the enforcement directorate to search the premises immediately after the offences are committed and police have filed a report.

    Visit the BTC website for compliance help and support for firms in the regulated sector.

  • 25/02/09 Garda fraud officers continue Anglo probe

    THE Garda Fraud Squad raid on the offices of Anglo Irish Bank was unprecedented and could lead to criminal prosecutions, according to legal experts.

    On Monday, a judge in Dublin’s District Court granted officers from the Garda Fraud Squad permission to enter three separate premises of Anglo Irish Bank and take possession of any books or documents, including permission to preserve and prevent interference with any material information seized by up to 20 officers working with Ireland’s corporate enforcer.

    It was the first time that the Office of the Director of Corporate Enforcement (ODCE) has ever sought permission from the courts to search the premises of a financial institution under investigation for possible breaches of company law.

    The rarely used section 20 of the Companies Act 1990 has previously only been brought to bear against individuals.

    Last night, the ODCE refused to disclose the reasons for its application to the District Court, citing “operational reasons”.

    The warrant is valid for a month but gardai can retain any documents seized for an unlimited period of time, following changes in the law in 2005.

    Breaches

    Legal experts have said that a series of possible prosecutions could result from the ODCE investigation including charges relating to the failure to keep proper books of account and breaches of rules relating to directors’ loans. The ODCE can also investigate possible offences where an individual who is financially interested in the success or failure — or the apparent success or failure — of the bank, sought to influence the bank’s policy.

    The investigation of ownership of shares or debentures, including their acquisition, disposal or transfer, may also constitute grounds for seeking a warrant.

    The new acting chief executive of the Financial Regulator, Mary O’Dea, has been working closely with the ODCE and exchanging information on matters relating to Anglo Irish Bank.

    This includes an investigation into all loans and other benefits provided by the nationalised bank to its directors and the unwinding of a major Contracts for Difference (CFD) position held by businessman Sean Quinn.

    Visit the BTC website for compliance help and support for firms in the regulated sector.