guideline on anti-money laundering and the combating of terrorist ...

More documents

Recommendations

Info

Guideline on Anti-Money Laundering and the Combating of Terrorist Financing6.2 The type of regulatory action taken by the Central Bank will depend on the institution’s level of noncompliancewith AML/ CTF statutory obligations and Guidelines issued by the Central Bank and thepotential risk to the institution’s operations. Regulatory actions that could be taken by the Central Bankinclude the issue of warning letters, compliance directions or other injunctive or equitable relief, restriction ofactivities and revocation of a licence.7. DEVELOPING A RISK BASED FRAMEWORK7.1 The Financial Action Task Force (“FATF”), in its revised Forty plus Nine Special (40 + 9) Recommendationson AML/ CTF, recommended that financial institutions adopt a risk based approach to customer due diligence.Such an approach would provide financial institutions with the discretion to determine the appropriate level ofinformation and documentation required to verify customer identity based on the nature and degree of riskinherent in the customer relationship.7.2 Each financial institution should develop and implement a risk rating framework appropriate for the type ofproducts offered by the institution, and capable of assessing the level of potential risk each client relationshipposes to the institution. As part of the on-going onsite examination program, the Central Bank will assess theadequacy of the institution’s risk rating policies, processes and procedures, in light of the type of businessconducted, as well as the extent of compliance with legislative requirements.7.3 The risk rating framework should include:a) Segregation of client relationships by risk categories (such as high, moderate or low);b) Differentiation of client relationships by risk factors (such as products, client type/profession, country ofdomicile, complexity of ownership and legal structure, source of business, type of assets, size andvolume of transactions, type of transactions, cash transactions, adherence to client activity profile);c) The know your customer (KYC) documentation and due diligence information requirements appropriatefor each risk category and risk factor; andd) A process for the approval of the downgrading/ upgrading of risk ratings.7.4 The risk rating framework should provide for the periodic review of the customer relationship to allow theinstitution to determine whether any adjustment should be made to the risk rating. The review of the riskrating for high risk customers must be undertaken more frequently than for other customers, and whereappropriate, a determination should be made by senior management as to whether the relationship should bediscontinued. All decisions regarding discontinuation of business with high risk customers should bedocumented.Page 9 of 75
Guideline on Anti-Money Laundering and the Combating of Terrorist Financing7.5 The risk rating framework should provide for documentation of any changes in a customer’s risk rating and thereason(s) for such change. In determining the risk profile of any customer, institutions should take intoaccount the following risk criteria:a) the geographical origin of the customer;b) the geographical sphere of the customer’s business activities including the location of the counterpartieswith which the customer conducts transactions and does business, and whether the customer isotherwise connected with certain high risk jurisdictions, or those known to the institution to lack properstandards in the prevention of money laundering, countering the financing of terrorism or in the customerdue diligence process;c) the nature of the customer’s business, which may be particularly susceptible to money laundering orterrorist financing risk, such as casinos that handle large amounts of cash;d) the nature and frequency of activity. This should include the pattern of account activity given theinstitution’s information on the customer;e) the type of customer, i.e. whether a trust or politically exposed persons (“PEPs”);f) the type, value and complexity of the facility;g) the unwillingness of the customer to cooperate with the institution’s customer due diligence process forno apparent reason;h) for a corporate customer, an unduly complex structure of ownership for no apparent reason;i) whether there is any form of delegated authority in place (e.g. power of attorney);j) the product or service used by the customer;k) situations where the origin of wealth and/or source of funds cannot be easily verified or where the audittrail has been deliberately broken and/or unnecessarily layered;l) whether an account/business relationship is dormant; andm) any other information that raises suspicion of the customer being connected to money laundering orterrorist financing.8. KEY ELEMENTS OF A COMPLIANCE PROGRAMME8.1 Financial institutions have a statutory obligation to implement robust compliance programmes to preventmoney laundering and terrorist financing. The minimum elements of a compliance programme are outlined inRegulation 7(1) (a) to (h) of the FOR and include the development of policies, procedures and control to allowfor inter alia proper customer identification and verification, filing of suspicious activity reports (SARs), internaland external audit, record keeping, and training.Page 10 of 75
Page 3 and 4: Guideline on Anti-Money Laundering
Page 62 and 63:
Guideline on Anti-Money Laundering
Page 64 and 65:
Page 66 and 67:
Page 68 and 69:
Page 70 and 71:
Page 72 and 73:
Page 74 and 75:
Page 76 and 77:
Page 78:
show all

guideline on anti-money laundering and the combating of terrorist ...

Create successful ePaper yourself

Delete template?

Save as template?