On April 11, the Financial Industry Regulatory Authority (FINRA) issued Regulatory Notice 21-18 (Notice) in response to increasing reports from customers experiencing customer account takeover (ATO) incidents.
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SEC Announces 2021 Examination Priorities
On March 3, the Securities and Exchange Commission’s Division of Examinations announced its examination priorities for 2021. These priorities include a greater focus on climate-related risks, conflicts of interests for brokers and investment advisers, and attendant risks related to FinTech.
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EBA Publishes Response to the European Commission’s Call for Advice on the EU’s AML and CFT Framework
On September 10, the European Banking Authority (EBA) published its response to the European Commission’s March 2020 call for advice on the EU’s future anti-money laundering (AML) and countering the financing of terrorism (CFT) framework (the Response).
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FCA Publishes Consultation Paper on Extending Annual Financial Crime Reporting Obligation
On August 24, the UK’s Financial Conduct Authority (FCA) published a consultation paper on extending its annual financial crime reporting obligation (REP-CRIM) to a wider range of FCA-regulated firms in the UK (the Consultation Paper).
REP-CRIM aims to identify indicators where there is a potential money laundering risk posed by a regulated firm, based on its regulated activities and customers.
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European Commission Urges Member States to Transpose 5MLD
On February 12, the European Commission (EC) sent letters of formal notice to eight member states, who have failed to implement the European Union’s (EU) fifth Money Laundering Directive (5MLD). This is part of the EC’s February 2020 infringements package, a monthly list of member states who are failing to comply with their obligations under EU law across a wide variety of sectors and policy areas.
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ECOFIN Outlines Next Steps for Crypto and Climate Action
On December 5, Valdis Dombrovskis made a speech at the conclusion of the first Economic and Financial Affairs Council (ECOFIN) meeting of the new European Commission (EC). Mr. Dombrovskis is the European Commissioner for “an Economy that Works for People”, and is one of the three newly-appointed Executive Vice Presidents of the EC.
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European Commission Publishes Statement on Regulating Cryptoassets and ICOs
On November 13, the European Commission (EC) published a statement by Vice-President Valdis Dombrovskis on the regulation of cryptoassets and initial coin offerings (ICOs), which he presented at the European Parliament Plenary debate in Strasbourg.
Key takeaways include:
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Council of EU Adopts MLD5
On May 14, the Council of the EU published a press release announcing that it has adopted the proposed Fifth Money Laundering Directive (MLD5). The introduction of MLD5 forms part of the European Commission’s action plan to counter terrorist financing and money laundering, published in February 2016 (further details are available in the Corporate & Financial Weekly Digest edition of February 12, 2016).
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New Money Laundering Reporting Regulations Go Into Effect
On June 26, the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (SI 2017/692) (Regulations) went into effect in the United Kingdom, having been presented to Parliament on June 22. The Regulations represent the implementation of the EU 4th Money Laundering Directive (4MLD). The Regulations replace the UK’s Money Laundering Regulations 2007.
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HM Government to Create Office for Professional Body Anti-Money Laundering Supervision
On March 15, HM Treasury unveiled plans to create a new UK watchdog for tackling potential weaknesses in the supervisory system that criminals and terrorists may be trying to exploit.
The new “Office for Professional Body Anti-Money Laundering Supervision” (OPBAS) will focus its work on accountancy and legal sectors with the goal of helping to improve the overall standards of supervision and ensure that supervisors (such as the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA)) and law enforcement work together more effectively.
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