CONFISCATION AND PROVISIONAL MEASURES

FATF Recommendation 4 – Money Laundering and Confiscation

Countries should adopt measures including legislative measures, to enable competent authorities to freeze or seize and confiscate without prejudice to the rights of bona fide third parties.

COMPETENT AUTHORITIES MAY FREEZE OR SEIZE AND CONFISCATE

Countries should establish mechanisms that will enable their competent authorities to effectively manage property that is frozen or seized, or has been confiscated. These mechanisms should be applicable both in the context of domestic proceedings, and pursuant to requests by foreign countries.

COMPETENT AUTHORITIES SHOULD CONSIDER MEASURES TO

Countries should consider adopting measures that allow such proceeds or instrumentalities to be confiscated without requiring a criminal conviction (non-conviction based confiscation), or which require an offender to demonstrate the lawful origin of the property alleged to be liable to confiscation, consistent with the principles of their domestic law.

MONEY LAUNDERING OFFENCE

FATF Recommendation 3 – Money Laundering and Confiscation

Money laundering is based on

APPROACHES ON MONEY LAUNDERING OFFENCE

Countries should apply the crime of money laundering to all serious offences, with a view to including the widest range of predicate offences. Whichever approach is adopted, each country should, at a minimum, include a range of offences within each of the designated categories of offences.

PROPERTY CONFISCATION

NATIONAL COOPERATION AND COORDINATION

FATF Recommendation 2 – AML/CFT Policies and Coordination

Countries should have national AML/CFT policies, informed by the risks identified, which should be regularly reviewed, and should designate an authority or have a coordination or other mechanism that is responsible for such policies.

National AML/CFT policies, Designated authorities

Countries should ensure that policy-makers, the financial intelligence unit (FIU), law enforcement authorities, supervisors and other relevant competent authorities, at the policy-making and operational levels, have effective mechanisms in place which enable them to cooperate, and, where appropriate, coordinate and exchange information domestically with each other concerning the development and implementation of policies and activities to combat money laundering, terrorist financing and the financing of proliferation of weapons of mass destruction.

Jurisdictions with Strategic AML/CFT Deficiencies as of 21 Feb 2020

On the basis of the results of the review by the International Co-operation Review Group (ICRG), the FATF identifies jurisdictions with strategic AML/CFT deficiencies in the followingpublic documents that are issued three times a year: High-Risk Jurisdictions subject to a Call for Action and Jurisdictions under Increased Monitoring.

Democratic People’s Republic of Korea (DPRK)

In its October 2019 public statement, the FATF continues to call on countries to apply counter-measures to the Democratic People’s Republic of Korea

Iran

In line with the June 2019 Public Statement, the FATF urge all jurisdictions to introduce enhanced systematic reporting of financial transactions and require increased external audit requirements to any of their branches and subsidiaries located in Iran.

FATF High Risk Jurisdiction – North Korea
FATF Recommendations – North Korea
FATF High Risk Jurisdiction – Iran
FATF Recommendations – Iran
FATF Jurisdiction under Increased Monitoring – Albania
FATF Recommendations – Albania
FATF Jurisdiction under Increased Monitoring – Bahamas
FATF Recommendations – Bahamas
FATF Jurisdiction under Increased Monitoring – Botswana
FATF Recommendations – Botswana
FATF Jurisdiction under Increased Monitoring – Cambodia
FATF Recommendations – Cambodia
FATF Jurisdiction under Increased Monitoring – Ghana
FATF Recommendations – Ghana
FATF Jurisdiction under Increased Monitoring – Iceland
FATF Recommendations – Iceland
FATF Jurisdiction under Increased Monitoring – Jamaica
FATF Recommendations – Jamaica
FATF Jurisdiction under Increased Monitoring – Mauritius
FATF Recommendations – Mauritius
FATF Jurisdiction under Increased Monitoring – Mongolia
FATF Recommendations – Mongolia
FATF Jurisdiction under Increased Monitoring – Myanmar
FATF Recommendations – Myanmar
FATF Jurisdiction under Increased Monitoring – Nicaragua
FATF Recommendations – Nicaragua
FATF Jurisdiction under Increased Monitoring – Pakistan
FATF Recommendations – Pakistan
FATF Jurisdiction under Increased Monitoring – Panama
FATF Recommendations – Panama
FATF Jurisdiction under Increased Monitoring – Syria
FATF Recommendations – Syria
FATF Jurisdiction under Increased Monitoring – Uganda
FATF Recommendations – Uganda
FATF Jurisdiction under Increased Monitoring – Yemen
FATF Recommendations – Yemen
FATF Jurisdiction under Increased Monitoring – Zimbabwe
FATF Recommendations – Zimbabwe

Introduction to Money Laundering

Money laundering is hiding the source of proceeds from various illegal activities or organized crime.  It’s simply an attempt to clean dirty money allowing them to be used within the economy so it won’t be traced back to the perpetrators and will eventually be manifested as originating from legal sources hence called money laundering.

Dirty money may include those from drugs, illegal gambling, brothels, imitation or stolen goods, corruption, extortion, tax evasion and other financial crimes. 

How does money laundering work? Transactions may be complex but normally involves 3 processes.

On the initial stage, money launderers would try to introduce the illegal funds to the financial system.

Large amounts of cash can be broken into smaller bills that are then deposited directly into a bank account or cash intensive businesses, money transfer services, casinos, or physically transports the cash to another country

It may also be used to purchase a series of monetary instruments or virtual currencies that are then collected and deposited into accounts at another location. This stage is called placement.  Depositing your cash in a bank is not that simple.  Banks are expected to conduct due diligence to verify the identity and prove it including where your money came from.  Once the account has been opened or able to penetrate the financial services, the transactions would be checked whether it is legitimate or suspicious. 

Some types of criminal activity generate illicit proceeds held in bank accounts, such as fraud, embezzlement and tax evasion. Unlike drug proceeds, proceeds of these crimes rarely start out as cash but may end up as cash after laundering. 

Virtual Currency may also be used to incorporate illicit funds into e-wallets.  Criminals engaged in cybercrime or computer-based fraud, as well as in the sale of illicit goods via online stores also use the services of money mule networks. The illicit proceeds earned from these crimes are often held in the form of virtual currency, and are stored in e-wallets that go through a complex chain of transfers.

Once the funds have entered the financial system, the second stage called layering stage takes place. It could be executed by individuals or even networks. The money launderer engages in a series of movements of funds to distance them from their source.

The funds may be transferred physically or electronically to other associates or to entities operating on their behalf. The manner of placement varies and the form in which criminal proceeds were generated. 

Low wage earner or even students may be enticed to act as money mules to move money around even globally.  These money mules may know the real source, or play ignorant just to earn a bit of cash. The cash may be used to buy various high-value commodities such as gold, jewellery, diamonds.  It could also be channeled through purchase and sales of investment instruments, or the launderer might simply wire the funds through a series of accounts at various banks across the globe.

In the layering stage, combination of different techniques may be used as part of a scheme to make it more difficult to trace the funds. This use of widely scattered accounts for laundering is especially prevalent in those jurisdictions that do not co-operate in anti-money laundering investigations. In some instances, the launderer might disguise the transfers as payments for goods or services, thus giving them a legitimate appearance. The transaction may be complex and may even issue fake receipts to move the commodities around or may include issuing an invoice which is lower than the actual volume bought.  The rest of the high-value commodities would be off the books and may be sold to other retailers.  Once the commodities are sold back to cash, money mules would again would be used to send the money through several money exchanges around the world which would then hard to be traced to the origin. 

Having successfully processed the criminal profits through the first two phases the launderer then moves them to the third stage – integration – in which the funds re-enter the legitimate economy such as setting up a legal business or claiming payment by producing fake invoice, creating fictitious loan, contracts, or setting up a charitable institution with extravagant salaries. Most have associates who help to invest in various businesses and ultimate ownership is difficult to prove. It might be a complex chain of domestic and international shell company accounts. These entities may have no commercial logic, zero profit or at loss, fictitious trade, unusual terms of size and frequency of transactions, or loans with uncompetitive interest rate as if they are not worried on the interest or even foreign currency transactions or buy insurance policies and cash them early

Funds are transferred to accounts controlled by money launderers, their close associates or third parties acting on their behalf or on behalf of affiliated legal entities. The money launderers may invest the illicit proceeds in real estate, luxury goods, and businesses abroad (or, in some cases, in countries where the funds originated from).

To summarize, placement is the initial transaction when it is deposited into the financial system such as cash deposits, changing currencies or cash smuggling to another jurisdiction

Layering is concealing the criminal origin of proceeds using multiple transactions to distance the funds from origin like using several money mules by transferring to different accounts It may also include various financial instruments such as equities or bonds

Integration is creating an apparent legal origin for criminal proceeds allows clean money to integrate in to economy like invest the funds into real estate, luxury assets, or business ventures globally. Sadly, financial institutions and government officials may be involved in these complex criminal transactions. Detecting money laundering can be very difficult but may be even tougher due to virtual currencies, offshore banking and internet.  Financial institutions and even non-financial institutions are obliged to report suspicious transactions to authorities.  Hence complicating the transaction is the goal of criminals to eventually conceal the origin of the illicit funds and keep the dirty money clean. 

ASSESSING RISKS AND APPLYING A RISK-BASED APPROACH

FATF Recommendation 1 – AML/CFT Policies and Coordination

FATF recommends that countries identify, assess, and understand the money laundering and terrorist financing risks ensuring these are mitigated effectively.

Based on that assessment, countries should apply a risk-based approach (RBA) to ensure that measures to prevent or mitigate money laundering and terrorist financing are commensurate with the risks identified.

What is Risk-Based approach?

How to conduct a Risk-Based approach to prevent or mitigate money laundering and terrorist financing?

Countries should require financial institutions (FI) and designated non-financial businesses and professions (DNFBPs) to identify, assess and take effective action to mitigate their money laundering and terrorist financing risks.

How to conduct a RBA for High Risk and Low Risk entities?

Where countries identify higher risks, they should ensure that their AML/CFT regime adequately addresses such risks.  

Where countries identify lower risks, they may decide to allow simplified measures for some of the FATF Recommendations under certain conditions.

Equally, if countries determine through their risk assessments that there are types of institutions, activities, businesses or professions that are at risk of abuse from money laundering and terrorist financing, and which do not fall under the definition of financial institution or DNFBP, they should consider applying AML/CFT requirements to such sectors.

High-Risk

Low Risk

Supervision and monitoring of risks

Supervisors (or SRBs for relevant DNFBPs sectors) should ensure that

Financial institutions and DNFBPs should be required to take appropriate steps to identify and assess their money laundering and terrorist financing risks for customers, countries or geographic areas; and products, services, transactions or delivery channels.

Specific Recommendations on applying a Risk-Based approach

INTERNATIONAL STANDARDS ON COMBATING MONEY LAUNDERING AND THE FINANCING OF TERRORISM & PROLIFERATION

The Financial Action Task Force (FATF) is an independent inter-governmental body that develops and promotes policies to protect the global financial system against money laundering, terrorist financing and the financing of proliferation of weapons of mass destruction.

The FATF Recommendations are recognised as the global anti-money laundering (AML) and counter-terrorist financing (CFT) standard.

For more information about the FATF, please visit the website: www.fatf-gafi.org  

  • AML/CFT POLICIES AND COORDINATION
    • ASSESSING RISKS AND APPLYING A RISK-BASED APPROACH
    • NATIONAL COOPERATION AND COORDINATION
  • MONEY LAUNDERING AND CONFISCATION
    • MONEY LAUNDERING OFFENCE
    • CONFISCATION AND PROVISIONAL MEASURES
  • TERRORIST FINANCING AND FINANCING OF PROLIFERATION  
    • TERRORIST FINANCING OFFENCE
    • TARGETED FINANCIAL SANCTIONS RELATED TO TERRORISM & TERRORIST FINANCING
    • TARGETED FINANCIAL SANCTIONS RELATED TO PROLIFERATION
    • NON-PROFIT ORGANISATIONS
  • PREVENTIVE MEASURES  
    • FINANCIAL INSTITUTION SECRECY LAWS
    • CUSTOMER DUE DILIGENCE
    • RECORD KEEPING  
  • PREVENTIVE MEASURES:  ADDITIONAL MEASURES FOR SPECIFIC CUSTOMERS AND ACTIVITIES 
    • POLITICALLY EXPOSED PERSONS  
    • CORRESPONDENT BANKING
    • MONEY OR VALUE TRANSFER SERVICES  
    • NEW TECHNOLOGIES
    • WIRE TRANSFERS  
  • PREVENTIVE MEASURES:  RELIANCE, CONTROLS AND FINANCIAL GROUPS
    • RELIANCE ON THIRD PARTIES
    • INTERNAL CONTROLS AND FOREIGN BRANCHES AND SUBSIDIARIES
    • HIGHER-RISK COUNTRIES
  • PREVENTIVE MEASURES
    • REPORTING OF SUSPICIOUS TRANSACTIONS
    • TIPPING-OFF AND CONFIDENTIALITY  
    • DESIGNATED NON-FINANCIAL BUSINESSES AND PROFESSIONS (DNFBPS): CUSTOMER DUE DILIGENCE
    • DESIGNATED NON-FINANCIAL BUSINESSES AND PROFESSIONS (DNFBPS): OTHER MEASURES
  • TRANSPARENCY AND BENEFICIAL OWNERSHIP OF LEGAL PERSONS AND ARRANGEMENTS
    • TRANSPARENCY AND BENEFICIAL OWNERSHIP OF LEGAL PERSONS
    • TRANSPARENCY AND BENEFICIAL OWNERSHIP OF LEGAL ARRANGEMENTS
  • POWERS AND RESPONSIBILITIES OF COMPETENT AUTHORITIES AND OTHER INSTITUTIONAL MEASURES
    • REGULATION AND SUPERVISION OF FINANCIAL INSTITUTIONS
    • POWERS OF SUPERVISORS 
    • REGULATION AND SUPERVISION OF DNFBPS
    • FINANCIAL INTELLIGENCE UNITS
    • RESPONSIBILITIES OF LAW ENFORCEMENT AND INVESTIGATIVE AUTHORITIES
    • POWERS OF LAW ENFORCEMENT AND INVESTIGATIVE AUTHORITIES
    • CASH COURIERS
    • STATISTICS
    • GUIDANCE AND FEEDBACK
    • SANCTIONS
  • INTERNATIONAL COOPERATION
    • INTERNATIONAL INSTRUMENTS  
    • MUTUAL LEGAL ASSISTANCE
    • MUTUAL LEGAL ASSISTANCE: FREEZING AND CONFISCATION
    • EXTRADITION
    • OTHER FORMS OF INTERNATIONAL COOPERATION  
FATF INTERNATIONAL STANDARDS ON COMBATING MONEY LAUNDERING AND THE FINANCING OF TERRORISM & PROLIFERATION 1-20 SNAPSHOT
FATF INTERNATIONAL STANDARDS ON COMBATING MONEY LAUNDERING AND THE FINANCING OF TERRORISM & PROLIFERATION 21-40 SNAPSHOT
AML/CFT POLICIES AND COORDINATION: ASSESSING RISKS AND APPLYING A RISK-BASED APPROACH
AML/CFT POLICIES AND COORDINATION: NATIONAL COOPERATION AND COORDINATION
MONEY LAUNDERING AND CONFISCATION: MONEY LAUNDERING OFFENCE
MONEY LAUNDERING AND CONFISCATION: CONFISCATION AND PROVISIONAL MEASURES
TERRORIST FINANCING AND FINANCING OF PROLIFERATION  TERRORIST FINANCING OFFENCE
TERRORIST FINANCING AND FINANCING OF PROLIFERATION:  TARGETED FINANCIAL SANCTIONS RELATED TO TERRORISM & TERRORIST FINANCING
TERRORIST FINANCING AND FINANCING OF PROLIFERATION : TARGETED FINANCIAL SANCTIONS RELATED TO PROLIFERATION
TERRORIST FINANCING AND FINANCING OF PROLIFERATION  NON-PROFIT ORGANISATIONS
PREVENTIVE MEASURES  FINANCIAL INSTITUTION SECRECY LAWS
PREVENTIVE MEASURES : CUSTOMER DUE DILIGENCE
PREVENTIVE MEASURES  RECORD KEEPING
PREVENTIVE MEASURES:  ADDITIONAL MEASURES FOR SPECIFIC CUSTOMERS AND ACTIVITIES  POLITICALLY EXPOSED PERSONS  
PREVENTIVE MEASURES:  ADDITIONAL MEASURES FOR SPECIFIC CUSTOMERS AND ACTIVITIES 
CORRESPONDENT BANKING

PREVENTIVE MEASURES:  ADDITIONAL MEASURES FOR SPECIFIC CUSTOMERS AND ACTIVITIES 
MONEY OR VALUE TRANSFER SERVICES  

PREVENTIVE MEASURES:  ADDITIONAL MEASURES FOR SPECIFIC CUSTOMERS AND ACTIVITIES 
NEW TECHNOLOGIES

 
PREVENTIVE MEASURES:  ADDITIONAL MEASURES FOR SPECIFIC CUSTOMERS AND ACTIVITIES 
WIRE TRANSFERS  
PREVENTIVE MEASURES:  RELIANCE, CONTROLS AND FINANCIAL GROUPS
RELIANCE ON THIRD PARTIES

PREVENTIVE MEASURES:  RELIANCE, CONTROLS AND FINANCIAL GROUPS
INTERNAL CONTROLS AND FOREIGN BRANCHES AND SUBSIDIARIES
PREVENTIVE MEASURES:  RELIANCE, CONTROLS AND FINANCIAL GROUPS
HIGHER-RISK COUNTRIES
PREVENTIVE MEASURES: REPORTING OF SUSPICIOUS TRANSACTIONS
PREVENTIVE MEASURES: TIPPING-OFF AND CONFIDENTIALITY  
PREVENTIVE MEASURES: DESIGNATED NON-FINANCIAL BUSINESSES AND PROFESSIONS (DNFBPS): CUSTOMER DUE DILIGENCE
PREVENTIVE MEASURES: DESIGNATED NON-FINANCIAL BUSINESSES AND PROFESSIONS (DNFBPS): OTHER MEASURES
TRANSPARENCY AND BENEFICIAL OWNERSHIP OF LEGAL PERSONS AND ARRANGEMENTS: TRANSPARENCY AND BENEFICIAL OWNERSHIP OF LEGAL PERSONS
TRANSPARENCY AND BENEFICIAL OWNERSHIP OF LEGAL PERSONS AND ARRANGEMENTS: TRANSPARENCY AND BENEFICIAL OWNERSHIP OF LEGAL ARRANGEMENTS
POWERS AND RESPONSIBILITIES OF COMPETENT AUTHORITIES AND OTHER INSTITUTIONAL MEASURES: REGULATION AND SUPERVISION OF FINANCIAL INSTITUTIONS
POWERS AND RESPONSIBILITIES OF COMPETENT AUTHORITIES AND OTHER INSTITUTIONAL MEASURES: POWERS OF SUPERVISORS 
POWERS AND RESPONSIBILITIES OF COMPETENT AUTHORITIES AND OTHER INSTITUTIONAL MEASURES: REGULATION AND SUPERVISION OF DNFBPS
POWERS AND RESPONSIBILITIES OF COMPETENT AUTHORITIES AND OTHER INSTITUTIONAL MEASURES: FINANCIAL INTELLIGENCE UNITS
POWERS AND RESPONSIBILITIES OF COMPETENT AUTHORITIES AND OTHER INSTITUTIONAL MEASURES: RESPONSIBILITIES OF LAW ENFORCEMENT AND INVESTIGATIVE AUTHORITIES
POWERS AND RESPONSIBILITIES OF COMPETENT AUTHORITIES AND OTHER INSTITUTIONAL MEASURES: POWERS OF LAW ENFORCEMENT AND INVESTIGATIVE AUTHORITIES
POWERS AND RESPONSIBILITIES OF COMPETENT AUTHORITIES AND OTHER INSTITUTIONAL MEASURES: CASH COURIERS
POWERS AND RESPONSIBILITIES OF COMPETENT AUTHORITIES AND OTHER INSTITUTIONAL MEASURES: STATISTICS
POWERS AND RESPONSIBILITIES OF COMPETENT AUTHORITIES AND OTHER INSTITUTIONAL MEASURES: GUIDANCE AND FEEDBACK
POWERS AND RESPONSIBILITIES OF COMPETENT AUTHORITIES AND OTHER INSTITUTIONAL MEASURES: SANCTIONS
INTERNATIONAL COOPERATION: INTERNATIONAL INSTRUMENTS  
INTERNATIONAL COOPERATION: MUTUAL LEGAL ASSISTANCE
INTERNATIONAL COOPERATION: MUTUAL LEGAL ASSISTANCE: FREEZING AND CONFISCATION
INTERNATIONAL COOPERATION: EXTRADITION
INTERNATIONAL COOPERATION: OTHER FORMS OF INTERNATIONAL COOPERATION  

ELECTRONIC KYC

Latest innovation in Identity Verification

REGISTER YOUR PERSONAL DETAILS

Standards personal information are name, address, date of birth, telephone/mobile no.

PASSPORT COPY OR GOVERNMENT-ISSUED ID

To verify credibility of the personal information, a colored scanned copy of the passport or any government-issued ID would be required.

TAKE SELFIE PHOTO

Some identification software would require a photo/ selfie upon application to ensure that the person applying is the same person on the documentation. Some would also require another photo with the original passport/ identification.

GEO-DATA

During the application, geo-data is also automatically retrieved during application to verify your location is as stated in your application. You may have sometimes received a notification that someone had logged on to your system from a certain location.

BIOMETRICS

Fingerprint are unique hence fingerprint and palm print may also be required in the application process.

E-SIGNATURE

As everything will be online and no paperwork are required, the applicant would be required to sign on the mobile application.

2 FACTOR AUTHENTICATION

To secure your access from hackers, dual factor authentication would prohibit hackers to protect your credentials.

VIDEO VERIFICATION

Further to photo taking, some would require a quick video with instructions to turn your face into a certain direction e.g. left to right. The extract from the government-issued ID would be matched on the live video using artificial intelligence (AI) algorithms.

OBJECTIVE OF KYC

KYC aims to assist corporate entities to verify the identity of the counterparties.  Until recently, multinational companies are also trying to conform as required by the government entities. While the government entities are also pressured to comply due to the review of the global regulatory bodies.    

Hence, it must be really imperative because government are now trying to enforce it in their respective jurisdiction.

CRITICAL OBJECTIVE OF KYC

Prevents criminals from disguising illegally obtained funds as legitimate.

Block financing support to terrorists organizations

Combatting fraud and corruption has always been a challenge internally and externally

Investors had also recently been socially conscious on measuring the sustainability and ethical impact of an investment as it is believed that it will support the long-term performance of the business 

Environmental compliance determines the company’s principle on preservation of nature, resource depletion and pollution.

Social criteria includes the working conditions and rights,  health and safety and commitment to communities where it operates

Managing the company, internal control, audit, taxes and shareholders rights plays a critical factor on responsible investors.

Essentially, business entities need to protect themselves from inherent risks.  Hence, KYC assists on managing risks.

Establish the principal nature of the business. Ensure that the counterparty is licensed to trade business and conduct the business as originally registered.

Establish the identity of the person conducting the business. The identity of the manager and owner should be verified and are legally authorised to conduct business.

Monitor troubled counterparties. Ensure that the counterparty can commit on their obligation as per the agreement between the parties involved.

Prevent sanctions and revocation of license. Dealing with unscrupulous business may not only lead to severe penalties but naming and shaming and revocation of business license.

Prevent hefty fines. Non-compliance with the government regulation on due diligence may invite hefty fines and may also require prison sentence.