On January 10, the changes introduced by the European Union’s fifth Money Laundering Directive (MLD5) became operational. MLD5 came into force on July 9, 2018, but member states had until January 10 to transpose these changes into national law. MLD5 amends and builds on the fourth Money Laundering Directive (MLD4). More information is available in the February 12, 2016 edition of Corporate & Financial Weekly Digest.
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AML
FINRA Issues 2019 Report on Examination Findings and Observations
By Michael T. Foley & Susan Light on
Posted in Broker-Dealer
On October 16, the Financial Industry Regulatory Authority (FINRA) published its 2019 Report on Examination Findings and Observations (Report). Unlike previous years, the Report delineates between examination “findings” and examination “observations.” “Findings” describe violations of a rule or regulation, whereas “observations” refer to suggestions regarding how firms can improve controls and mitigate risk. The annual Report summarizes various findings and observations from recent examinations of its member firms on a range of topics, including the following:…
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FCA Publishes Cryptoasset AML/CFT Webpage
On October 25, the Financial Conduct Authority (FCA) published a new webpage setting out important information for UK cryptoasset businesses in the context of anti-money laundering (AML) and counter terrorist financing (CFT).
As announced in July 2019, the FCA will be the AML/CFT regulator for certain cryptoasset activities starting January 10, 2020. However, the scope of ‘cryptoasset activities’ is still to be determined by Her Majesty’s Treasury (HMT), whose consultation on the matter closed on June 10.…
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FATF Updates List of AML/CFT Deficient Jurisdictions
Posted in EU Developments, Financial Markets
On October 18, the Financial Action Task Force (FATF) published its updated list of jurisdictions that have strategic anti-money laundering (AML) and counter-terrorist financing (CTF) deficiencies for which they have developed an action plan with the FATF. The FATF updates this list three times a year, the last update being in June 2019.…
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CFTC, FinCEN, and SEC Issue Joint Statement on Activities Involving Digital Assets
On October 11, the leaders of the Commodity Futures Trading Commission (CFTC), the Financial Crimes Enforcement Network (FinCEN), and the Securities and Exchange Commission (collectively, the Agencies) issued a joint statement reminding persons engaged in activities involving digital assets of their anti-money laundering (AML) and countering the financing of terrorism (CFT) obligations under the Bank Secrecy Act of 1970 (BSA).…
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Revised JMLSG Sectoral Guidance Approved by HM Treasury
Posted in UK Developments
On September 25, the Joint Money Laundering Steering Group (JMLSG) announced on its website that HM Treasury has approved revisions to three chapters in Part II of the JMLSG’s anti-money laundering and counter-terrorist financing sectoral guidance.
The amended guidance relates to credit unions (section 4), asset finance (section 12) and brokerage services to funds (sector…
European Commission Publishes Assessment of EU AML and CTF
By Neil Robson on
On July 24, the European Commission (EC) published a suite of documents assessing the current anti-money laundering (AML) and counter-terrorist financing (CTF) framework in operation in the European Union (EU).
Although each document is addressed to the European Parliament and the Council of the EU, the EC states that it believes that these documents will support the EU and national authorities to better address money laundering and terrorist financing risks. It notes that some improvements can be made quickly at an operational level, and the EC will continue to support EU member states in this, while also reflecting on how to address the remaining structural challenges.…
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FATF Publishes Updated Standards Include Interpretative Note on Virtual Assets
On July 3, the Financial Action Task Force (FATF) published an updated version (dated June 2019) of its anti-money laundering (AML) and counter-terrorist financing (CTF) standards.
This version includes a recently adopted interpretative note to recommendation 15 (new technologies), in which the FATF explains how its standards apply to virtual asset activities and virtual asset service providers (VASPs).…
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OECD Publishes Follow-up Report on UK’s Implementation of Anti-Bribery Convention
Posted in Financial Markets, UK Developments
On March 21, the Organisation for Economic Co-operation and Development’s (OECD’s) Working Group on Bribery (Working Group) published its “Phase 4 Two-Year Follow-Up Report” on the United Kingdom’s implementation of the OECD anti-bribery convention. The Working Group’s report follows the written responses the United Kingdom submitted in March 2019 to the OECD’s “Phase 4” evaluation in March 2017.…
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NFA Issues Notice Regarding Updated FinCEN AML/CFT Guidance
By Christian B. Hennion & Stanley V. Polit on
Posted in CFTC
On March 12, the National Futures Association (NFA) published Notice I-19-08, notifying Member futures commission merchants (FCMs) and introducing brokers (IBs) of a March 8 advisory published by the Financial Crimes Enforcement Network (FinCEN) regarding updates to the Financial Action Task Force’s list of jurisdictions with deficiencies regarding anti-money laundering and combating the financing of…