FATF Recommendation 5 – Terrorist Financing and Financing of Proliferation

CHARACTERISTICS OF TERRORIST FINANCING OFFENCE





FATF Recommendation 5 – Terrorist Financing and Financing of Proliferation

CHARACTERISTICS OF TERRORIST FINANCING OFFENCE





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.
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.



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.

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.



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
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.




















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.
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.




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.
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


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.






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











































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

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

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.

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.

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

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

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

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.

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.