1.
Assessing risks and applying a risk-based approach *
CountriesAll references in the FATF Recommendations to
country or countries apply equally to territories or jurisdictions.shouldFor the purposes of assessing compliance with the
FATF Recommendations, the word should has the same meaning as must.
identify, assess, and understand the money laundering and terrorist financingTerrorist financing is the financing of terrorist
acts, and of terrorists and terrorist organisations.risksAll
references to risk refer to the risk of money laundering and/or terrorist
financing. This term should be read in conjunction with the Interpretive
Note to Recommendation 1. for the country, and should take action,
including designating an authority or mechanism to coordinate actions to assess
risks, and apply resources, aimed at ensuring the risks 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. This
approach should be an essential foundation to efficient allocation of resources
across the anti-money laundering and countering the financing of terrorism
(AML/CFT) regime and the implementation of riskbased measures throughout the
FATF Recommendations. 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.
Countries should require financial institutionsFinancial institutions means any natural or
legal person who conducts as abusiness one or more of the following
activities or operations for or on behalf of a customer:
1) Acceptance of deposits and other repayable funds from the public.
2) Lending.
3) Financial leasing.
4) Money or value transfer services.
5) Issuing and managing means of payment (e.g. credit and debit
cards,cheques, traveller's cheques, money orders and bankers' drafts,
electronic money).
6) Financial guarantees and commitments.
7) Trading in:
a) money market instruments (cheques, bills, certificates of deposit,
derivatives etc.);
b) foreign exchange;
c) exchange, interest rate and index instruments;
d) transferable securities;
8) Participation in securities issues and the provision of financial
services related to such issues.
9) Individual and collective portfolio management.
11) Otherwise investing, administering or managing funds or money on behalf
of other persons.
12) Underwriting and placement of life insurance and other investment
related insurance.
13) Money and currency changing.
and designated non-financial businesses and professions (DNFBPs) to identify,
assess and take effective action to mitigate their money laundering and
terrorist financing risks.
A.
AML/CFT POLICIES AND COORDINATION
2.
National cooperation and coordination*
Countries shouldFor the purposes of assessing compliance with the
FATF Recommendations, the word should has the same meaning as must.
have national AML/CFT/CPF policies, informed by the risks*Proliferation financing risk refers strictly and only to
the potential breach, non-implementation or evasion of the targeted
financial sanctions obligations referred to in Recommendation
7. 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, supervisorsSupervisors refers to the designated competent
authorities or non-public bodies with responsibilities aimed at ensuring
compliance by financial institutions (�financial supervisors� 60Including
Core Principles supervisors who carry out supervisory functions that are
related to the implementation of the FATF Recommendations.) and/or DNFBPs
with requirements to combat money laundering and terrorist financing.
Non-public bodies (which could include certain types of SRBs) should have
the power to supervise and sanction financial institutions or DNFBPs in
relation to the AML/CFT requirements. These nonpublic bodies should also be
empowered by law to exercise the functions they perform, and be supervised
by a competent authority in relation to such functions. and other
relevant competent authorities, at the policymaking 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
financingTerrorist financing is the
financing of terrorist acts, and of terrorists and terrorist
organisations. and the financing of proliferation of weapons of mass
destruction. This should include cooperation and coordination between relevant
authorities to ensure the compatibility of AML/CFT/CPF requirements with Data
Protection and Privacy rules and other similar provisions (e.g. data security /
localisation).
B.
MONEY LAUNDERING AND CONFISCATIONThe term confiscation, which includes
forfeiture where applicable, means the permanent deprivation of the funds or other
assetsThe term funds or other
assets means any assets, including, but not limited to,
financial assets, economic resources, property of every kind,
whether tangible or intangible, movable or immovable, however
acquired, and legal documents or instruments in any form,
including electronic or digital, evidencing title to, or
interest in, such funds or other assets, including, but not
limited to, bank credits, travellers cheques, bank cheques,
money orders, shares, securities, bonds, drafts, or letters of
credit, and any interest, dividends or other income on or value
accruing from or generated by such funds or other assets.
by order of a competent authority or a court. Confiscation or
forfeiture takes place through a judicial or administrative
procedure that transfers the ownership of specified funds or other
assets to be transferred to the State. In this case, the person(s)
or entity(ies) that held an interest in the specified funds or other
assets at the time of the confiscation or forfeiture loses all
rights, in principle, to the confiscated or forfeited funds or other
assets. Confiscation or forfeiture orders are usually linked to a
criminal conviction or a court decision whereby the confiscated or
forfeited property is determined to have been derived from or
intended for use in a violation of the law.
3.
Money laundering offence*
Countries shouldFor the purposes of assessing compliance with the
FATF Recommendations, the word should has the same meaning as must.
criminalise money laundering on the basis of the Vienna Convention and the
Palermo Convention. Countries should apply the crime of money laundering to all
serious offences, with a view to including the widest range of predicate
offences.