In this news update Comsure wishes to offer some updates on anti-money laundering and counter-terrorist financing news, both in the UK and internationally, covering the period from October 2017 to February 2018.
This period had seen a lot of activity.
- The EU legislative bodies reached a political agreement on the Fifth Money Laundering Directive,
- the UK Government published the Anti-Corruption Strategy,
- HM Treasury published the results of the National Risk Assessment,
- the JMLSG issued its updated AML/CFT guidance and
- a new supervisory body, the Office for Professional Body Anti-Money Laundering Supervision, was established.
Highlights from this month’s issue include:
1.ESAs publish draft RTS on the group-wide management of money laundering and terrorist financing risk under MLD4.
- The Joint Committee of the European Supervisory Authorities (ESA) published a final report on draft regulatory technical standards designed to strengthen group-wide management of money laundering and terrorist financing risks under the MLD4.
2. Revised JMLSG guidance on AML and CTF published
- The Joint Money Laundering Steering Group (JMLSG), which consists of UK financial services trade associations, published the revised versions of its anti-money laundering and counter-terrorist financing guidance.
- Although the guidance does not bind firms, compliance can provide a “safe harbour” in the event of prosecution once HM Treasury approves the guidance.
- The launch of the Office for Professional Body Anti-Money Laundering Supervision
- The UK Treasury launched the Office for Professional Body Anti-Money Laundering Supervision (OPBAS), which will work with all the UK’s AML supervisors to help improve standards and strengthen cooperation with law enforcement. The establishment of OPBAS was a key part of the Government’s 2016 Action plan for AML and CTF.
- FCA fine for failings in market abuse controls and suspicious transaction reporting
- The FCA imposed a fine of £1,049,412 on Interactive Brokers (UK), an online broker that arranges and executes transactions in certain financial instruments.
- The FCA identified some failings in the firm’s market abuse controls and suspicious transaction reporting during the period between February 2014 to February 2015.
- According to the FCA, these failings amounted to a breach of Principle 3 (management and control) and SUP 15.10.2 R (suspicious transaction reporting).
- National Risk Assessment 2017 published by HM Treasury
- HM Treasury published a national risk assessment of the money laundering and terrorist financing risks in the UK in 2017.
- The risk assessment aims to identify the key risks to money laundering by sector and propose remedial steps to reduce these risks
- It covered a range of topics including the money laundering and terrorist financing threats, financial technology and high-value dealers.
- FCA speech on artificial intelligence in AML processes
- The head of the FCA’s financial crime department, Rob Gruppetta, gave a speech on the use of artificial intelligence in firms’ anti-money laundering AML processes.
- Mr Gruppetta noted that machine learning and AI could help to reduce the costs faced by banks in combatting financial crime, but also highlighted the risks of artificial intelligence-driven solutions.
- HM Government publishes Anti-Corruption Strategy 2017-22
- The UK Government published its Anti-Corruption Strategy 2017-2022 aiming to establish an ambitious and long-term framework for tackling corruption and to build on the UK’s 2014 “Anti-Corruption Plan”.
- The Strategy covers areas ranging from bribery and corruption, money laundering, law enforcement, and guides both UK and overseas public and private sector entities.
- European Parliament Committee adopts a report on new EU-wide measures on money laundering
- The Civil Liberties Committee of the European Parliament adopted its report on a draft Directive designed to tackle money laundering and narrow the scope of organised crime in the EU.
- In the draft Directive, Members of the European Parliament seek to introduce definitions of money laundering-related crimes that would be used across the EU and add a range of penalties for those convicted of money laundering.