Category: Compliance

Dutch Banks Bring in new fees for money laundering checks

Companies, foundations and churches are being asked to pay additional banking fees to cover the cost of money laundering investigations, broadcaster NOS noted on Tuesday. ABN Amro, ING and SNS have already introduced the new fees and Rabobank will follow on next week, NOS said. Banks say the monthly charge is needed to pay for the extra checks they have to make for money laundering and funding terrorism. ‘The cost for banks have risen considerably in recent years,’ Helène Erftemeijer from the Dutch banking association said. ‘Some 13,000 people are involved in this sort of research and the increasing costs…

Proposals to Reduce the Liability Burden on CCO

In the US, chief compliance officers can be held liable for their financial services firms’ failures to comply with regulations – whether they’re involved or not. In this article, we look at a framework proposed by the New York City Bar Association to help to reduce the burden on CCOs. “These career-ending enforcement actions discourage individuals from becoming or remaining compliance officers and performing vital functions that regulators stretched too thin would otherwise be unable to perform, particularly when other options, such as providing legal advice or becoming an outside compliance service provider or businessperson, involve less personal risk.” Framework…

Competition for Compliance Officers Intensifies Amid Regulatory Pressures

A labor-market squeeze and evolving regulatory pressures are driving demand for compliance officers. Competition for such talent has heated up in recent months as companies fear they will be short-staffed at a time of rapid growth and increasing regulatory scrutiny, and businesses are luring compliance staff with salary increases, remote-working opportunities and company equity. “It’s all hands on deck for corporations to attract the talent,” said Paul C. McDonald, a senior executive director at human resources consulting firm Robert Half International Inc. “They are looking to pay the most they can, and with benefits and in perks the best they…

The Netherlands Has Twice as Many Compliance Officers as Community Police

Every day, 20% of all bank staff in the Netherlands is engaged in detecting financial crime. This is a direct consequence of the anti-money laundering and terrorist financing legislation introduced since 2001. Detection efforts are mostly manual and therefore very inefficient: 95% of all alerts generated by transaction monitoring systems are false positives. These are the findings of regulatory technology specialist Hyarchis in its new Regulatory Technology on the Rise report, published recently. In the Netherlands, more than 8,000 bank employees search for suspicious transactions every day. This is twice the number of community police officers in the Netherlands, according…

SWIFT: Focus on financial crime compliance

Tackling financial crime, and ensuring compliance with anti-money laundering (AML) and combating the financing of terrorism (CFT) regulations remains one of the biggest overall challenges for the financial services community. This year, this has been particularly apparent, as the quick shift to enable a remote working environment in the wake of the pandemic put additional pressure on the fraud defences financial institutions have spent time and money investing in. The ever more connected and instant digital world also poses questions for how banks and financial institutions can ensure they meet their compliance requirements in real-time. In one of two risk…

6 key takeouts from the FATF President’s address to the G20

On Friday, FATF President Dr Marcus Pleyer spoke to G20 leaders and central bank governors on the threats of financial crime. He addressed colleagues from nations across the world, who are all nearing their first anniversary of COVID restrictions and lockdowns. His main message was simple: the fight against dirty money matters now more than ever. But here’s a more thorough run-down of what his comments mean for those efforts – and what their future looks like as the pandemic still rages. 1. FATF will not let COVID regulate their work to the back seat – and the G20 are…

Belgium looks to follow Netherlands as top banks push for money laundering information sharing

Belgian banks have joined forces to push for a centralised platform for information-sharing to combat financial crime. The calls are coming directly from the CEOs of ING Belgium, KBC, Belfius and BNP Paribas Fortis – the four biggest banks in the country by market share, assets and branches. A central channel was vital to allow banks the opportunity to share information with each other, and with court officials, police and government financial watchdogs, the four chief executives told a parliamentary finance committee hearing. “We are asking to engage as a real partner in the fight against money laundering,” said Belfius…

FinCEN clarify BSA due diligence expectations for charities and non-profit customers

WASHINGTON—In coordination with the Federal Banking Agencies, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) today issued a joint fact sheet to provide clarity to banks on how to apply a risk-based approach to charities and other non-profit organizations (NPOs). The joint fact sheet highlights the importance of ensuring that legitimate charities have access to financial services and can transmit funds through legitimate and transparent channels, especially during the current COVID-19 pandemic. Also, the joint fact sheet reminds banks to apply a risk-based approach to customer due diligence (CDD) requirements when developing the risk profiles of charities…

EU to create new bloc-wide Financial Crime Compliance Sentinel (AML regulator)

The European Union after approval from member state finance members will move forward in creating a bloc-wide financial crime compliance sentinel to directly oversee country regulators and financial institutions – with power to engage in direct reviews, request information and levy monetary penalties. The agreement at the EU Council will form the foundation for more formal legal edicts expected to take force early next year, a widely-watched initiative by global watchdog groups and partner world powers after embarrassing Baltic and Nordic banking scandals shattered the perception of strong union anti-money laundering and counter-financing of terrorism (AML/CFT) oversite with the estimated…

British Virgin Islands joins UK overseas jurisdictions in public company ownership commitment

September 30th 2020, London –  Transparency International UK welcome the announcement made last week by the Government of the British Virgin Islands that they would be opening their company ownership register to the public.  Andrew Fahie, the Premier of the British Virgin Islands, speaking to the House of Assembly stated the territory would adopt a publicly accessible register of beneficial ownership for companies, in line with international standards by 2023.The British Virgin Islands join the rest of the British Overseas Territories and Crown Dependencies in announcing their commitment to transparent company ownership.  The secrecy offered by companies registered in the British Virgin…

FinCEN wants to clamp down on small payments fueling crime

Concerned that money transfers worth just a few hundred dollars are helping terrorists and fentanyl traffickers, the U.S. Treasury is pushing a new rule for banks, money transmitters and others. The top U.S. financial crime watchdog wants to slash the value of transactions that banks and other financial institutions must report as potentially suspicious, citing small payments used to plan terrorist attacks and to import deadly drugs. The Financial Crimes Enforcement Network, known as FinCEN, published a proposal with the Federal Reserve last week to require banks and others to collect and share with authorities information on potentially suspicious transactions…

Bid to make gambling companies liable for stolen money

Federal Independent MP Andrew Wilkie will introduce a bill to Parliament on Monday to make gambling companies liable if the person placing the bet is using stolen money. Under the legislation, if a bettor has paid for a gambling service using money they obtained illegally, the Federal Court could order the gambling company to compensate the victim of the original crime. The “Making Gambling Businesses Accountable” bill, which amends the Anti-Money Laundering and Counter-Terrorism Financing Act, uses the same definition of “stolen property” as the Criminal Code. Centre Alliance MP Rebekha Sharkie will second the bill and Mr Wilkie’s team…

INSIGHT: U.K. Tax Authority Getting Ready to Bite on Evasion

The U.K. tax authority is indicating its intention to enforce legislation and investigate corporations for failure to prevent tax evasion. Mukul Chawla QC and Kate Ison of Bryan Cave Leighton Paisner LLP review the current status of inquiries and discuss what action organizations need to take to ensure their procedures are robust and compliant. The focus by HM Revenue & Customs (HMRC) on organizations, under the Criminal Finances Act 2017, for the corporate offense of failure to prevent tax evasion, appears to be making steady progress. The number of investigations and inquiries that HMRC is currently undertaking, and the wide…

The intensity of regulatory scrutiny of AML and crypto-assets

As envisaged in its 2019/20 Business Plan, the Financial Conduct Authority (FCA) is consulting on proposals to extend its financial crime reporting obligation to additional firms irrespective of their total annual revenue. The proposed extension would cover all crypto-asset exchange and custodian wallet providers, as well as all electronic money institutions, Multilateral Trading Facilities (MTFs) and Organised Trading Facilities (OTFs). Under the proposed requirements each firm must provide information to the FCA on the location of its customers, the jurisdictions in which it has business and which of those jurisdictions it considers high risk. In addition, firms must disclose the resources it…

Statement by FinCEN Regarding Unlawfully Disclosed Suspicious Activity Reports

The Financial Crimes Enforcement Network (FinCEN) is aware that various media outlets intend to publish a series of articles based on unlawfully disclosed Suspicious Activity Reports (SARs), as well as other sensitive government documents, from several years ago. As FinCEN has stated previously, the unauthorized disclosure of SARs is a crime that can impact the national security of the United States, compromise law enforcement investigations, and threaten the safety and security of the institutions and individuals who file such reports. FinCEN has referred this matter to the U.S. Department of Justice and the U.S. Department of the Treasury’s Office of…

Regional Report: In face of massive EU AML scandals, prosecutors, regulators, banks looking to bolster information sharing, accountability, liability

The Skinny:  In this regional report focusing on Europe, the ACFCS Netherlands Chapter looks at some of the EU AML scandals and issues in and out of banks that can make compliance difficult.  The takeaways come from the “Fintech and FinCrime in Europe” session, a panel from ACFCS Fincrime Virtual Week, the association’s first-ever fully online fincrime compliance conference.   More than 5,600 attendees, speakers and thought leaders registered for the event, which addressed the overarching themes of Disruption, Innovation and Resiliency. In the panel focused on compliance and regulatory trends in the EU, speakers highlighted several key trends, including: …

KYC Reviews: The Dragon of AML Compliance Programmes

Written by Samantha Sheen | Jun 30, 2020 9:38:09 AM “It does not do to leave a live dragon out of your calculations, if you live near him.”J.R.R. Tolkien, The Hobbit Introduction The most common area of AML/CFT compliance programmes that organisations struggle with are in relation to KYC reviews, refresh and subsequent remediation work needed to update or patch up existing customer KYC information. It’s a tough nut to crack. This month the Jersey Financial Service Commission (“JFSC”) published feedback from its examination of firms required to comply with local AML/CFT regulations. Findings in relation to KYC reviews included: In over half of the firms who used reviews…