Log In | Subscribe | | |

Money Laundering

A notice from the central bank of the Philippines (Bangko Sentral ng Pilipinas, "BSP") has told operators of pawnshops that the must get their house in order with amendments to the relevant regulations.

It is a mark of the integrity of a country as to how it deals with counter-money laundering laws. Politicians who consistently vote to exclude measures that catch bribery and corruption as predicate crimes for money laundering must automatically render the whole country as suspicious, applying the argument that fish rots from the head. Kenya was one of a number of countries that suffered this problem with leaders being constantly frustrated by other members of government. A compromise Act was eventually passed. Now it's bearing fruit. And the role of the targets will ricochet around the world.

The DFSA Rulebook and Code of Market Conduct were subject to consultation and, following that, the DFSA Board has concluded the production of revisions to both documents.

The DFSA Board has passed a series of instruments (listed below) to give effect to the new versions. DSFA reminds users that, as a result of the consultation, there may be differences between the final version as published and the original drafts.

BIScom Subsection: 

When we found an advertisement for illegal downloads of Sun Tzu and the Art of Litigation, we wrote to everyone that public records showed as connected to the issue or hosting of the domain. We found, again, that Cloudflare was at the heart of the illegal operation and therefore being paid to provide services to criminals who may be generating profits for organised crime or for material support for terrorists. FCROs must consider the business practices and risk management models of their customers because, by definition, banks are receiving, harbouring and distributing the proceeds of criminal conduct received via those companies.

FCRO Subsection: 

Standard Chartered Bank has been ordered to pay SGD5.2m and Coutts (at the relevant time part of Royal Bank of Scotland) to pay SGD2.4 million for breaches of the Monetary Authority of Singapore's counter-money laundering requirements. It's also a slap in the face for Malaysia's Prime Minister Najib because the penalties arise from compliance failures relating to 1MDB, Najib's flagship project. There is also the minor matter of a Goldman Sachs employee and false statements.

The European Commission (EC) has decided that the European Union (EU) system of Directives isn't working when it comes to money laundering and terrorist financing. They are right. What's taken them so long to work it out? The question is this: have the identified the correct matters and will they get it right this time?

FCRO Subsection: 

"Banks will have clearer guidance on how to best manage risks related to money laundering and the financing of terrorism...in correspondent banking," says the Bank of International Settlements' Basel Committee.

FCRO Subsection: 

For all the nonsense that the EU gets up to, there are some, little known parts, that do extremely good and valuable work. The European Union's Judicial Cooperation Unit, which goes by the moniker EuroJust, is one of those units. There is also Europol’s European Cybercrime Centre (EC3). Add in Europol itself, plus some other agencies that combine intelligence, investigation and prosecution and the EU has a sound infrastructure for combatting intra-community crime. It's essential that this part of the EU is retained when the UK leaves for without it all will be weaker.

Mahmoud Daher, an employee of The Australian Securities and Investment Commission (ASIC), has today appeared at Downing Centre Local Court charged that he effected unauthorised access to restricted data and uttering a false document contrary to money laundering, etc. law.

CoNet Section: 

The OECD Working Group on Bribery says that Ireland has failed to act on the Working Group's "recommendation" to make certain that the counter-money laundering law (Criminal Justice (Money Laundering and Terrorist Financing) Act 2010) applies to Irish companies that launder the proceeds of bribing foreign officials, even if there is no law relating to bribery in the official's country. The OECD might have misread Ireland's laws.

For too long, those who have a narrow view of how money laundering related matters should be policed and enforced have made ill-informed criticism of Singapore. Primarily originating from the USA's complaint that Singapore does not prosecute enough money laundering offences, the criticism was amplified by the influx of money relocated from, first, Switzerland and then Dubai. Nigel Morris-Cotterill says that the USA should take notice of how Singapore has dealt with BSI Bank.

In 2009, an IRS inspection found "systemic" failures in the money laundering control systems at a small supermarket, Thriftway Food Mart which provided cheque cashing services and the sale of money orders, activities which require it to be registered as a Money Services Business with FinCEN and to impose and maintain appropriate systems. The sole proprietor of the business, who is also its compliance officer, was issued with a warning from FinCEN. So that's all good, then, you might think. Well, ... no.

Israel is at last planning to include tax evasion as an offence within its counter-money laundering laws. It is unjustifiably proud of itself. On the face of it the Bill meets the FATF requirements but underneath the gloss it provides a convenient escape route for the vast majority of Isrealis - and those who may be subject to investigation overseas.

The first Senate hearing into the "alleged" money laundering of USD81 million stolen from the account of the Bank of Bangladesh with the Federal Reserve Bank of New York and transfered to accounts with Rizal Commercial Banking Corporation (RCBC).

FCRO Subsection: 

Pages