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ANTI-MONEY LAUNDERING (AML) / COUNTER-FINANCING OF TERRORISM (CFT) – Aligning with the International Standards ANTI ANTI -MONEY LAUNDERING (AML) / COUNTER-FINANCING OF TERRORISM (CFT) – Aligning with the International Standards -MONEY LAUNDERING (AML) / COUNTER-FINANCING OF TERRORISM (CFT) – Aligning with the International Standards Mr Mr Thomas Yu Thomas Yu Assistant Secretary for Security Assistant Secretary for Security Narcotics Division, Security Bureau Narcotics Division, Security Bureau 20 Feb 2013 (Wed) 20 Feb 2013 (Wed) Narcoti Narcotics Di cs Divisi vision, S on, Secur curity Bur ity Bureau eau

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Page 1: ANTI-MONEY LAUNDERING (AML) / COUNTER-FINANCING OF … · 2018. 3. 6. · ANTI-MONEY LAUNDERING (AML) / COUNTER-FINANCING OF TERRORISM (CFT) – Aligning with the International Standards

ANTI-MONEY LAUNDERING (AML) / COUNTER-FINANCING OF TERRORISM (CFT)– Aligning with the International Standards

ANTIANTI-MONEY LAUNDERING (AML) / COUNTER-FINANCING OF TERRORISM (CFT) – Aligning with the International Standards

-MONEY LAUNDERING (AML) / COUNTER-FINANCING OF TERRORISM (CFT)– Aligning with the International StandardsMr Mr Thomas YuThomas YuAssistant Secretary for SecurityAssistant Secretary for SecurityNarcotics Division, Security Bureau Narcotics Division, Security Bureau 20 Feb 2013 (Wed)20 Feb 2013 (Wed)

NarcotiNarcotics Dics Divisivision, Son, Seecurcurity Burity Bureaueau

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ABBREVIATIONS

AML Anti-money Laundering

CDD Customers due diligence

CFT Counter financing of terrorism

DNFBPs Designated non-financial businesses and Professions

FATF Financial Action Task Force

SRO Self-regulatory organization

STR Suspicious transactions reporting

ABBREVIATIONS

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AGENDAAGENDA

3

The FATF Requirements

HK’s AML/CFT Regime

Latest Development and Way Forward

The FATF Requirements

HK’s AML/CFT Regime

Latest Development and Way Forward

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THE FATF REQUIREMENTSTHE FATF REQUIREMENTS

44

40 Recommendations

( Feb 2012)

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THE 40 RECOMMENDATIONSTHE 40 RECOMMENDATIONS•

Money laundering and confiscationMoney laundering and confiscationCriminalise Criminalise MML/TF; means to detect, freezL/TF; means to detect, freeze, seize, confiscate proceeds and e, seize, confiscate proceeds and fundingfunding

Preventive measures - Preventive measures - ffinancial institutions and DNFBPsinancial institutions and DNFBPsCDD, record keeping, STR, internal CDD, record keeping, STR, internal control, regulatory and supervisory control, regulatory and supervisory measumeasurreses

Power & responsibilities of competent authoritiesPower & responsibilities of competent authoritiesFinancial Intelligence Unit, law enforcFinancial Intelligence Unit, law enforcement authorities, supervisors; their ement authorities, supervisors; their powers & resources powers & resources

International cooperationInternational cooperationMutual legal assistance, extradition, information exchangeMutual legal assistance, extradition, information exchange

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FATF+

FSRB

FATFFATF++

FSRBFSRB

Financial Institutions

Trust & Co mpany Services Providers

Lawyers

AccountantsEstate Agents

Dealers in in Precious Stones and Metals

Casino

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FATF REQUIREMENTS RELEVANT TO DNFBPs FATF REQUIREMENTS RELEVANT TO DNFBPs

7

DNFBPsDNFBPs

STRs (Rec. 20)

To be set out in law CDD

(Rec. 10) Record Keeping (Rec. 11)

Internal Control

(Rec. 18)NarcotiNarcotics Dics Divisivision, Son, Seecurcurity Burity Bureaueau 7

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CDD MEASURESCDD MEASURES

Identify and verify identities of customers and beneficial owners

Obtain information on purpose and nature of business relationship

Enhanced measures for higher riskcategories

An on-going process

(Recommendation 10)

Identify and verify identities of customers and beneficial owners

Obtain information on purpose and nature of business relationship

Enhanced measures for higher riskcategories

An on-going process

(Recommendation 10)

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RECORD KEEPINGRECORD KEEPING

Transaction records

Records on identification data, account files, business correspondence

(Recommendation 11)

Transaction records

Records on identification data, account files, business correspondence

(Recommendation 11)

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Report of funds suspected / hasreasonable grounds to suspect to beproceeds of criminal activity or related toterrorist financingAlready included in Hong Kong Law

(Recommendation 20)

SUSPICIOUS TRANSACTIONS REPORTING

Report of funds suspected / hasreasonable grounds to suspect to beproceeds of criminal activity or related toterrorist financingAlready included in Hong Kong Law

(Recommendation 20)

SUSPICIOUS TRANSACTIONS REPORTING

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Internal AML/CFT policies, procedures andcontrol

Compliance management

On-going staff training

Independent audit function to testcompliance

(Recommendation 15)

INTERNAL CONTROLS

Internal AML/CFT policies, procedures andcontrol

Compliance management

On-going staff training

Independent audit function to testcompliance

(Recommendation 15)

INTERNAL CONTROLS

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Situations where DNFBPs

should applyCDD & record keeping

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ACCOUNTANTS & LAWYERSACCOUNTANTS & LAWYERS

When preparing for/carrying out transactions for client concerning

buying / selling of real estates

managing of client money, securities or other assets

managing of bank, savings or securities accounts

organisation of contributions for the creation, operation or management of companies

creation, operation or management of legal persons orarrangements; buying / selling business entities

When preparing for/carrying out transactions for client concerning

buying / selling of real estates

managing of client money, securities or other assets

managing of bank, savings or securities accounts

organisation of contributions for the creation, operation or management of companies

creation, operation or management of legal persons orarrangements; buying / selling business entities

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TRUST & COMPANY SERVICES PROVIDERS TRUST & COMPANY SERVICES PROVIDERS

When providing the following services to third parties:

acting as a formation agent of legal person

acting as a director or secretary of a company, partner or legal person

providing a registered office/address for a company, partner or legal person

acting as a trustee of an express trust

acting as a nominee shareholder for another person

(acting include arranging for person to act)

When providing the following services to third parties:

acting as a formation agent of legal person

acting as a director or secretary of a company, partner or legal person

providing a registered office/address for a company, partner or legal person

acting as a trustee of an express trust

acting as a nominee shareholder for another person

(acting include arranging for person to act)

14NarcotiNarcotics Dics Divisivision, Son, Seecurcurity Burity Bureaueau 14

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REGULATION AND SUPERVISIONREGULATION AND SUPERVISION

DNFBPsDNFBPs

Competent authority or SRO (Rec. 28)

Sanctions (Rec. 35)

Guidelines (Rec. 34)

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Risk Based Approach

A new over-arching Recommendation

Applies across all relevant FATFrecommendations

(Recommendation 1)

A new over-arching Recommendation

Applies across all relevant FATFrecommendations

(Recommendation 1)

NarcotiNarcotics Dics Divisivision, Son, Seecurcurity Burity Bureaueau

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Risk Based Approach

‣ Objective:

1. Focus on higher risk for more effectiveimplementation

2. More efficient allocation of resources

‣ Objective:

1. Focus on higher risk for more effectiveimplementation

2. More efficient allocation of resources

NarcotiNarcotics Dics Divisivision, Son, Seecurcurity Burity Bureaueau

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Risk Based Approach

Countries should:(a) “Identify, assess and understand” theirmoney laundering / terrorists financing risksthey face(b) Designated “an authority or mechanismto coordinate actions to assess risks”

DNFBPs are required to identify, assess andunderstand their money laundering /terrorists financing risks

Countries should:(a) “Identify, assess and understand” theirmoney laundering / terrorists financing risksthey face(b) Designated “an authority or mechanismto coordinate actions to assess risks”

DNFBPs are required to identify, assess andunderstand their money laundering /terrorists financing risks

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Risk Based Approach

Basic Principles

Higher-risk-> Require enhanced measures

Lower-risk-> Possible simplified measures

Basic Principles

Higher-risk-> Require enhanced measures

Lower-risk-> Possible simplified measures

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Legislation on CDD & Record Keeping

• Financial Sectors

Current Legislation

Legislation on CDD & Record Keeping

• Financial Sectors

Current Legislation

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Anti-money Laundering and Counter Terrorist Financing (Financial Institutions) Ordinance (Cap 615)

Codify CDD & record-keeping requirements

Empower relevant authorities to supervise

Provide supervisory and criminal sanctions

FINANCIAL SECTORS

Anti-money Laundering and Counter Terrorist Financing (Financial Institutions) Ordinance (Cap 615)

Codify CDD & record-keeping requirements

Empower relevant authorities to supervise

Provide supervisory and criminal sanctions

FINANCIAL SECTORS

21NarcotiNarcotics Dics Divisivision, Son, Seecurcurity Burity Bureaueau 21

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Anti-money Laundering and Counter Terrorist Financing (Financial Institutions) Ordinance (Cap 615)

Applies to banking, depositing taking, securitiesand insurance, remittance agents & moneychangers sectors

Commenced on 1 April 2012

FINANCIAL SECTORS

Anti-money Laundering and Counter Terrorist Financing (Financial Institutions) Ordinance (Cap 615)

Applies to banking, depositing taking, securitiesand insurance, remittance agents & moneychangers sectors

Commenced on 1 April 2012

FINANCIAL SECTORS

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FINANCIAL SECTORSAnti-money Laundering and Counter Terrorist Financing (Financial Institutions) Ordinance (Cap 615)

Schedule 2 Part 2 Division 1

What are customer due diligence measures

When customer due diligence measures must becarried out

Simplified customer due diligence

Duty to continuously monitor business relationships

Schedule 2 Part 2 Division 2

Special requirements when customer is not physicallypresent for identification purposes

Special requirements when customer is politicallyexposed person

Special requirements in other high risk situations

Anti-money Laundering and Counter Terrorist Financing (Financial Institutions) Ordinance (Cap 615)

Schedule 2 Part 2 Division 1

What are customer due diligence measures

When customer due diligence measures must becarried out

Simplified customer due diligence

Duty to continuously monitor business relationships

Schedule 2 Part 2 Division 2

Special requirements when customer is not physicallypresent for identification purposes

Special requirements when customer is politicallyexposed person

Special requirements in other high risk situations

FINANCIAL SECTORS

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Anti-money Laundering and Counter Terrorist Financing (Financial Institutions) Ordinance (Cap 615)

Schedule 2 Part 2 Division 4

Financial institutions to establish procedures

Schedule 2 Part 3

Duty to keep record

Manner in which records are to be kept

FINANCIAL SECTORSAnti-money Laundering and Counter Terrorist Financing (Financial Institutions) Ordinance (Cap 615)

Schedule 2 Part 2 Division 4

Financial institutions to establish procedures

Schedule 2 Part 3

Duty to keep record

Manner in which records are to be kept

FINANCIAL SECTORS

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Anti-money Laundering and Counter Terrorist Financing (Financial Institutions) Ordinance

Financial institutions may rely on certainintermediaries to carry out CDD:a solicitor practising in HKa Certified Public Accountant (Practising) practising in HKa current member of the HKICS practising as a Chartered Secretary in HKA registered trust company carrying on trust business in HK

when satisfy that that the intermediaries haveadequate AML/CFT procedures

Provision to expire in 3 years

FINANCIAL SECTORS

Anti-money Laundering and Counter Terrorist Financing (Financial Institutions) Ordinance

Financial institutions may rely on certainintermediaries to carry out CDD:a solicitor practising in HKa Certified Public Accountant (Practising) practising in HKa current member of the HKICS practising as a Chartered Secretary in HKA registered trust company carrying on trust business in HK

when satisfy that that the intermediaries haveadequate AML/CFT procedures

Provision to expire in 3 years

FINANCIAL SECTORS

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Legislation on CDD & Record Keeping

• DNFBPs

WAY FORWARD

Legislation on CDD & Record Keeping

• DNFBPs

WAY FORWARD

26NarcotiNarcotics Dics Divisivision, Son, Seecurcurity Burity Bureaueau 26

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GUIDING PRINCIPLESGUIDING PRINCIPLES

Acknowledge the threat

Conform with international standards

Address HK’s own circumstances

Build up partnership

Acknowledge the threat

Conform with international standards

Address HK’s own circumstances

Build up partnership

Narcotics Division, Security Bureau 27

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REFERENCESREFERENCES

FATF

www.fatf-gafi.org

Narcotic Division, Security Bureau

www.nd.gov.hk

Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance www.legislation.gov.hk

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THANK YOUTHANK YOUTHANK YOU

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