Reframing U.S. Policy on the Art Market: Recommendations for Combatting Financial Crimes

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GLOSSARY Algorithmic authentication path: A mechanism that provides confidence that the user is communicating with what the user intended to communicate with, ensuring that attackers can't intercept or modify whatever information is being communicated. As a security architecture concept, it can be implemented with any technical safeguards suitable for a particular environment and risk profile.90 Blockchain Technologies: A blockchain is a growing list of records, called blocks, that are linked using cryptography. Each block contains a cryptographic hash of the previous block, a timestamp, and transaction data (generally represented as a Merkle tree).91 It is a shared and immutable record, and as a result, “the technology behind bitcoin lets people who do not know or trust each other build a dependable ledger. This has implications far beyond the crypto currency.”92 Cultural Property: Objects which, on religious or secular grounds, are of importance for archaeology, prehistory, history, literature, art, or science.93 Customer Due Diligence (CDD): Customer Due Diligence. Financial institutions are generally required to establish and maintain written CDD policies and procedures that are reasonably designed to: (1) identify and verify the identity of customers; (2) identify and verify the identity of the beneficial owners of companies opening accounts; (3) understand the nature and purpose of customer relationships to develop customer risk profiles; and (4) conduct ongoing monitoring to identify and report suspicious transactions and, on a risk basis, to maintain and update customer information.94

GLOSSARY

Designated Non-Financial Business and Professions (DNFBPs): a term of art for “nonfinancial” sectors that are highly susceptible to money laundering and terrorist financing. FATF: The Financial Action Task Force, (also known by its French name, Groupe d'action financière), an intergovernmental organization founded in 1989 to develop policies to combat money laundering. In 2001, its mandate was expanded to include terrorism financing. FinCEN: Financial Crimes Enforcement Network, a bureau of the United States Department of the Treasury. Forgery: The creation of false written document, or alteration of a genuine written document, with the intent to defraud another. Fraud: The crime of deceiving another to deprive the victim of a legal right, including through the use of objects obtained through forgery. Insurance fraud: Any act committed to defraud an insurance process. This occurs when a claimant attempts to obtain some benefit or advantage they are not entitled to, or when an insurer knowingly denies some benefit that is due. According to the United States Federal Bureau of Investigation, the most common schemes include: premium diversion, fee churning, asset diversion, and workers compensation fraud. Perpetrators in these schemes can be insurance company employees or claimants.95

. Know Your Customer (KYC): Know Your Customer (aka Know Your Client) is the process whereby a business verifies the identity of its clients and assesses their suitability, along with the potential risks of illegal intentions towards the business relationship.96 Looting: Also referred to as theft, sacking, ransacking, plundering, despoiling, despoliation, pillaging, and marauding, is the taking of goods by force. Market Manipulation: Artificially inflating or deflating the price of a security or otherwise influencing the behavior of the market for personal gain.97 Money Laundering: The criminal exploitation of financial systems to conceal the location, ownership, source, nature, or control of illicit proceeds.98 Risk-Based Approach: A Risk-based approach means that countries, competent authorities, and banks identify, assess, and understand the money laundering and terrorist financing risk to which they are exposed, and take the appropriate mitigation measures in accordance with the level of risk.99 Sanctions Violations: Sanctions are provisions of a law that enact a penalty for disobedience, or a reward for obedience. Financial sanctions are maintained and enforced by The Office of Economic Sanctions Policy and Implementation, and may be leveled against entire countries, or against individuals and entities.100 Sanctions violations occur when the country, individual, or entity works to evade the sanction and continue 32


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