Preventing Money Laundering and Terrorist Financing, Second Edition

Page 59

INTERNATIONAL STANDARDS FOR RISK-BASED SUPERVISION Financial Action Task Force (FATF) Recommendation 1 sets out the overarching risk-based requirements for jurisdictions, including financial institutions and their supervisors. Paragraph 9 of the interpretive note to Recommendation 1 requires supervisors to review the money-laundering and terrorism financing (ML/TF) risk profiles and risk assessments prepared by financial institutions and to consider the results of this review in their supervision. With respect to financial institutions, part B of this interpretive note details the obligations and decisions in assessing ML/TF risks as well as the weapons proliferation financing risks. Immediate Outcome (IO) 3 establishes the requirements for supervisors to supervise, monitor, and regulate financial institutions appropriately for compliance with anti-money-laundering and combating the financing of terrorism (AML/CFT) requirements ­commensurate with their risks, and IO 4 sets out the obligations for financial institutions to apply AML/CFT preventive measures commensurate with their risks and to report suspicious transactions. In summary, these standards require financial institutions and supervisors to identify, assess, and understand the ML/TF risks and to apply proportionate risk mitigation and supervisory measures, respectively. Where risks are higher, mitigation and supervision should be enhanced, and where risks are lower, less rigorous measures may be applied. This principle also implies that where the risks are at a normal level (neither high nor low), the standard measures described in the recommendations apply.

Outcomes from FATF Evaluations with Respect to Supervision The FATF recommendations set the standard for an effective risk-based AML/CFT supervisory approach. Recommendation 26 and IO 3 set out the main requirements for applying effective riskbased AML/CFT supervision to financial institutions. As of November 2021, the FATF had published the mutual evaluation reports and followup reports of 119 jurisdictions.1 Of these 119 jurisdictions, 30 are members of the FATF2 and 89 are members of an FATF-style regional body (FSRB). Members of FSRBs are largely developing jurisdictions. Jurisdictions have so far had mixed results from the assessment of compliance with Recommendation 26. As shown on figure 3.1, 87 percent of the assessed FATF members are largely compliant or compliant with this recommendation. In contrast, only 61 percent of the assessed FSRB members are largely compliant or compliant; 39 percent are partially compliant or noncompliant.

CHAPTER 3: INTRODUCTION TO A RISK-BASED AML/CFT SUPERVISORY FRAMEWORK

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References

2min
pages 199-201

ML/tF Risk Mitigation for Financial Groups

2min
page 197

notes

2min
page 198

Risk Mitigation

13min
pages 191-196

Assessing the Inherent ML/tF Risk Factors

8min
pages 187-190

Adverse Consequences

2min
page 183

Business-Wide ML/tF Risk Assessment

7min
pages 184-186

International supervisory Cooperation

7min
pages 174-177

Cooperation at the Policy Level

2min
page 173

Understanding Risk Assessment and Mitigation by Financial Institutions

3min
page 182

national Cooperation

3min
pages 164-165

overview of the steps to Be Followed for effective sanction Proceedings

9min
pages 154-157

Appeal

2min
page 158

Publication of sanctions

7min
pages 151-153

examples of enforcement Measures and sanctions in some Jurisdictions

6min
pages 148-150

Range of Possible sanctions and Remedial Measures

14min
pages 142-147

Contextual Factors of an effective enforcement and sanctioning Regime

2min
page 141

Management of the on-site examination

4min
pages 118-119

other examination Procedures

4min
pages 127-128

examination Findings and the examination Report

7min
pages 129-132

Risk-Based examination Procedures

15min
pages 120-126

Planning and scoping Risk-Based AML/CFt on-site examinations

4min
pages 116-117

outline of an AML/CFt supervision Manual

3min
pages 71-72

examples of off-site AML/CFt supervision systems and Processes in some Jurisdictions

3min
pages 98-99

Risk Profiling: A Key Prerequisite for Risk-Based supervision

6min
pages 81-83

AML/CFt supervisory Cycle

8min
pages 67-70

Cooperation between Prudential and AML/CFt supervision

3min
pages 73-74

structures of AML/CFt supervision Units

2min
page 115

other supervisory Activities

3min
pages 96-97

References

0
page 110

Access to Information

2min
page 26

Risk-Based Approach to supervision

6min
pages 64-66

Promoting safe and sound Banking Practices

2min
page 22

notes

2min
page 54

Considerations for an effective Licensing Process

9min
pages 50-53

International standards for Risk-Based supervision

10min
pages 59-63

References

3min
pages 55-56

organizational Approaches for effective AML/CFt supervision

13min
pages 30-35
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