trade based money laundering (tbml) and sanctions compliance · the banking and corporate finance...
TRANSCRIPT
The Banking and Corporate Finance Training Specialist
Trade Based Money Laundering
(TBML) and Sanctions
Compliance
This course is presented in London on:
24-25 May 2018, 9-10 October 2018
http://redcliffetraining.com [email protected]
+44 (0)20 7387 4484
▪
Course Overview
Participants will: Be introduced to the key characteristics of Anti-Money Laundering, Countering the
Financing of Terrorism and Sanctions adherence.
Gain an understanding of the principles of compliance risk, with particular reference to Trade Finance and cross border transactions.
Gain an insight into current trends and issues in financial crime, using practical examples, and the risks of non-compliance.
Be more informed and therefore better equiped to understand their role and responsibilities and make considered risk decisions more quickly, based on a sound knowledge of financial crime risk management
Be better placed to protect the Bank’s clients from financial crime risks in their own supply chains, thereby helping them achieve sustainable growth
Have key skills to protect the Bank from individuals and organisations seeking to commit trade based financial crime through the recognition / identification of red flags and understanding how to respond appropriately
Have a higher level of understanding of trade and commodity finance including core products, compliance risk characteristics and potential mitigants.
Be able to view transactions holistically with reference to AML, CFT, Sanctions and Compliance Risk
Have an overview of the role of correspondent banks and other financial institutions,
payment methods including SWIFT messaging
The trainer is a leading trade finance practitioner and trainer with almost 40 years banking experience. Prior to taking early retirement, he was responsible for the risk
management of the UK trade book for a top international bank, with whom he had spent his whole banking career as a Relationship Manager, Credit Risk Approver, Trade Finance Manager and latterly their Trade Portfolio Risk Manager.
He provides training to banks globally on trade and receivables finance, risk mitigation, AML and sanctions compliance, is ACIB qualified and has completed the ICA Certificate in
Trade Based Financial Crime Compliance issued by the University of Manchester Business School.
Day 1
Introductions Trainer & participants What do you know?
Aims and objectives. Course context.
Financial Crime Compliance Consituent parts (money laundering, terrorist financing, sanctions breaches)
Current examples An introduction to the nature of compliance risk in cross border transactions
Course Objectives
Course Content
Background of the Trainer
http://redcliffetraining.com [email protected]
+44 (0)20 7387 4484
Why are international trade transactions increasingly a target for abuse? The consequences of non-compliance (for banks, corporates and individuals)
Anti-Money Laundering (“AML”) What is money laundering? Why is money laundered?
How is money laundered? The key stages of money laundering; placement, layering, integration
Customer Due Diligence (CDD) The risk-based approach to anti-money laundering Money laundering and terrorist financing
Case study concerning the involvement of, and consequences for, an
international bank which transferred money arising from drug smuggling across three continents.
Countering the Financing of Terrorism (CFT) Key differences between CFT and AML
The importance of due diligence and focussed screening Case study concerning the involvement of, and consequences for, an
international bank which was identified as having processed funds used to finance terrorism.
Sanctions What are sanctions?
Why are they imposed and what is their intended impact? Who imposes them and on whom are they imposed?
What is the difference between a trade embargo and financial sanctions? Examples of sanctions imposed in recent years The relevance of due diligence and screening
Case study on sanctions breaches concerning a major UK corporate.
Financial crime also relates to:-
Bribery & corruption Tax evasion Proliferation
Facilitation of money laundering
Complexity Three stages of money laundering Financial products vs open account
Co-mingling Cash
Fraud Smuggling Transfer pricing, etc.
Capital Flight Foreign Exchange
http://redcliffetraining.com [email protected]
+44 (0)20 7387 4484
Examples of legitimising the movement of illicit monies. a) the use of over-inflated invoicing representing “management charges b) misrepresentation of invoice value, multiple invoicing and false description of
goods
Correspondent banking What is the role of a correspondent bank? Why is correspondent banking fundamental to cross border money flows?
The counterparty compliance risk of using Correspondent Banks The use and operation of Nostro, Vostro and Loro accounts
Correspondent banking infrastructure; • Message authentication;
• Provision of payment, trade and treasury services; • Cash management
Risk profile of remitting, receiving and reimbursement parties in cross border
transactions Know your customer; the impact of ”KYCC”
Key compliance risk zones: • Ownership and control • Jurisdiction
• Quality of jurisdictional regulatory and supervisory framework • Adequacy of AML and sanctions compliance procedures
• Nature of respondent’s business • Client base • Shell banks
• Direct access accounts • Downstream correspondents
• Correspondent network rationalisation Exercise; due diligence and risk considerations
Financial Institutions - as customers:
Compliance risk assessment framework; key components Due diligence and risk assessment Unacceptable customers
Monitoring activity – warning signals, red flags, Financial Action Taskforce (FATF) recommendations.
International Payments / SWIFT Messaging The mechanics of cross border funds transfers and nature of the payment instruction
Parties; remitter, originator bank, receiving bank, beneficiary, cover/reimbursing bank What is SWIFT?
What is the function and operation; Understanding the use and role of SWIFT “MT” message types in payments and trade
transactions
Compliance risk; • Correspondent bank
• Message abuse • Inappropriate use of message types
http://redcliffetraining.com [email protected]
+44 (0)20 7387 4484
Message stripping Methods of international bank transfer:
• Direct and serial processing method (the use of SWIFT MT 103) • Cover method (the use of SWIFT MT103 plus SWIFT MT202 COV) • The compliance risk implications of SWIFT MT202
Value dating Key compliance risk zones:
• Message information • Originator; ownership, jurisdiction • Beneficiary; ownership, jurisdiction
• Nature and value of payment – ordinary course of business? • Screening – designated persons – sanctioned countries?
The compliance risk exposure of US dollar transfers High risk customers requiring payment services Red flag suspicious activity indicators
Global Cash Management
Examples of global cash management (concentration/pooling, zero and target balancing)
Parties; corporate structures, pool participants and banks
Key compliance risk: • Pool participants; ownership, jurisdiction
• Nature of business • Correspondent/partner banks • Origin and nature of funds
• Co-mingling of legitimate and illicit monies Monitoring activity – warning signals
Compliance risk profile
Case study re corporate group cross border cash concentration arrangement used to disguise illicit funds (from a subsidiary) and recirculation through apparent trade purposes
Managing Risk
Risk Assessment and due diligence Know your customer (KYC) Red Flags and responsibilities
Identifying suspicious activity Regulatory environment
Counterfeiting Video / discussion on CDD, KYC, etc.
Case study on the cost of non-compliance re AML and sanctions violation
Summary of day’s learning Opportunity to refresh clarify key points, clarify
Review main learning points.
http://redcliffetraining.com [email protected]
+44 (0)20 7387 4484
Preparation for day 2 Day 2
Review of principal considerations re Financial Crime Compliance Key learning points form Day1
Any questions / thoughts which have arisen Introduction to Day 2
Trade Finance
Trade Transactions Principal parties and associated risks Objectives of principal parties
Understanding the trade cycle Additional risks of trading internationally
Description, function and operation: The nature and purpose trade finance
What trade finance is and why it is required Why trade finance carries high compliance risk
High risk components (e.g.) Trade finance compliance risk characteristics;
• Counterparties – “know your customer’s customer” • Parties; different roles of banks; fragmented bank involvement • Transactions; complexity & banks deal in documents – validation?
• Negotiable instruments • Involvement of third parties (agents, carriers, etc)
• Jurisdictions / role of finance in cross border abuse
Comparison between international payments and documentary trade finance in the compliance risk environment:
Automated screening Message stripping Manual based due diligence
Trade based money laundering (TBML)
Definition FCA Thematic Review Increasing focus of criminal activity
Compliance considerations Risk mitigation (KYC; KYCC; information screening; document checking; red flags;
etc.) Common methods of trade based money laundering
Core Trade Finance Products
Open Account Trading Trade cycle
Incoterms Risk considerations (counterparty, credit, FCC)
http://redcliffetraining.com [email protected]
+44 (0)20 7387 4484
Products overview Compliance risk assessment (bank controlled payment/reimbursement)
Case study; the assessment of a business transaction, requiring identification of potential risk issues
Documentary collections What is a documentary collection?
What is the purpose of a documentary collection? Principal parties and roles
Document requirements and purpose Types; sight (DP), usance (DA) URC522
Compliance risk assessment; • Remitting bank due diligence
• Collecting bank due diligence Case study on the assessment of a potential AML / CFT / sanctions breach
documentary credit transaction, requiring identification of key compliance risk issues and the need for further information to make a risk-based assessment
Documentary Letters of credit
What is a letter of credit? What is the purpose of a letter of credit? Principal parties and roles
Other considerations:- • The independence principle
• Application process • Workability
Different types of letter of credit (overview)
• Irrevocable / revocable • Unconfirmed / confirmed
• Transferable (parties and operation, compliance risk) • Standby • Revolving
• Back to back • Synthetic
Trade documentation; vulnerability to abuse and compliance risk UCP 600 Compliance risk assessment; issuance, presentation of documents, payment; Issuing /
advising / negotiating bank; the importance of LC availability Red clause / sanctions clausing
Payment terms LC confirmation; financial engagement and responsibility; discounting
Case study to identify unusual features of a letter of credit request and identify
the red flag suspicious activity characteristics
Bank Guarantees What are bank guarantees?
http://redcliffetraining.com [email protected]
+44 (0)20 7387 4484
Principal parties The characteristics of “on demand” unconditional guarantees Autonomy and the independence principle
Types and use of guarantees in trade (bid, APG, performance) Direct, indirect and counter guarantees
Transferable guarantees; key compliance risks aspects Foreign laws and usage General compliance risk and vulnerability to criminal abuse
Structuring guarantees to reduce compliance risk exposure URDG 758
Case study to consider the compliance risk aspects of a request for a transferable letter of guarantee and the further information required to
undertake due diligence; use of additional information to identify unusual features and consider an appropriate course of action
Non-core Trade Products and processes
Forfaiting What is forfaiting?
Principal parties Primary and secondary forfaiting transactions
How to establish debt instrument authenticity The importance of due diligence; is there an underlying trade transaction?
Commodity Finance Characteristics of commodity finance
Key compliance risk zones : • Emerging markets/high risk jurisdictions • Commodity traders (nature and vulnerability to compliance risk)
• Value and existence of goods Syndicated facilities (due diligence on other lenders/participants)
Pre-export & pre-payment finance (high risk environment) • Key compliance risk aspects/deployment of risk mitigation
Warehouse financing
• Parties • Key compliance risk aspects/deployment of risk mitigation techniques
• The use and vulnerability of warehouse receipts & role of collateral managers Tolling Key compliance risk considerations
Case study re the use of commodity based pre-payments to disguise the movement of laundered funds
Receivables finance What is receivables finance?
Compliance risk vulnerabilities of financing open account transactions Forms of receivables finance:
• Full factoring • Confidential invoice discounting
http://redcliffetraining.com [email protected]
+44 (0)20 7387 4484
• Specific insured receivables finance • Reverse factoring
The use of receivables finance in the context of trade finance
Payables finance / Supply Chain Finance
What is payables finance and when is it used? Principal parties Types of payables finance; description, operation and parties:
• Pre-shipment payables finance (supplier-led) • Approved payables finance (buyer-led)
COMPLIANCE CONSIDERATIONS Trade based money laundering characteristics
Vulnerability of cross border transactions to fraud Information screening
Document checking Red flags
Mitigating Risk Know your customer and your customer’s customer
Understand the trade cycle and what is ‘ordinary business’ Compare and contrast
Is the complexity of the transaction necessary? Follow the money Apply common sense
Ask the right questions The importance of first line of defence
Red flags Fraud
Summary of day’s learning
Opportunity to refresh clarify key points, clarify Review main learning points.
Conclusion & next steps for action
http://redcliffetraining.com [email protected]
+44 (0)20 7387 4484
Delivering this course in-house for you to a number of participants could be very cost effective.
Whilst trade and commodity finance is low in credit risk it exposes banks to high compliance risks.
Banks who have failed to implement adequate Financial Crime Compliance programmes and training have incurred fines, reputational damage and faced the potential loss or
suspension of their ability to operate in certain currency markets or jurisdictions. This 2-day course for personnel who are involved in Trade Finance, including bank auditors, compliance officers, operations managers and relationship directors, provides an
explanation of the operation of the methods of payment and financing used in international trade and commodity transactions and the nature of associated compliance
risks. The course covers all aspects of Financial Crime Compliance (including the regulatory
framework) with particular regard to Trade & Commodity Finance (principles and products), Correspondent Banking, International Payments, Global Cash Management,
their associated compliance risks and the suspicious money laundering / sanctions violation activity red flag indicators of each.
Through attending this course participants will be able to identify compliance risk features in core product areas and key aspects from an audit and compliance risk perspective.
The course uses a range of typologies, exercises and case studies to enable the participants to consider transactions and identify the key risk compliance features, areas of due diligence and further information required to make a risk-based assessment.
Course Summary
09:30-17:00
London
Standard Price: £1350 +VAT Membership Price: £1080 + VAT