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Analysis of the Thematic Inspections on Introduced Business and Beneficial Ownership Information April 28th, 2015 Presented by Kimberly Copaceanu & Natoya Frett Policy Research & Statistics Division Objective of Thematic Inspections • The Compliance Inspections Unit was asked to assess the level of compliance of BVI regulated persons in collecting and maintaining beneficial ownership information and the level of reliance on introduced business. Participants in Thematic Inspection • Forty-nine (49) thematic inspections were carried out by the Compliance Inspection Unit (CIU) from July 2014 to December 2014 on beneficial ownership and introduced business, primarily on Class I Trust, Class II Trust, Class III Trust and Company Management licensees. • The CIU deployed 2-4 regulators for each inspection according to the size of the licensee. The compliance inspection lasted approximately three (3) days. Areas Reviewed Licensees were assessed and rated on the following areas: a) Introduced Business b) Requirements of CDD c) Requirements to update CDD d) Requirements of ECDD e) Requirements of Certified Documents f) Records, Record Keeping and Retrieval Compliance Ratings • The areas assessed were assigned a rating of – Non-Compliant – Partially Compliant – Largely Compliant – Compliant • This is in line with FATF rating system. Demographics Type of Licensee # of Total # of Thematic Inspections Inspections in 2014 in 2014 % of Inspected Licensees in 2014 Selected for Thematic Review Total # of Licensees as at 4Q 2014 % of All Licensees Selected for Thematic Review in 2014 Class I Trust 37 48 77.08% 69 53.62% Class II Trust 1 1 100.00% 31 3.22% Class III Trust 6 7 85.71% 14 42.85% Company Management 5 8 62.50% 21 23.80% Total 49 64 76.56% 135 36.30% Lines of Business Yacht Registrations 1 Secretarial Services 1 Private Fund 1 Private Trust Companies 1 Asset Management 1 Prepare Financial Statements 1 Authorised Custodian Services 1 Nominee Director Services 20 Registered Agent/Office Services No. of licensees 2 Shareholder Services 24 Director Services 12 Post Incorporations 46 BC Incorporations 46 Trust 30 0 10 20 30 40 50 Percentage of Introduced Business Type of Licensee Companies under Management Active Inactive Trust Class I 518,192 256,323 261,869 1,533 % of Business Derived from Introduced Business 53.93% Class II - - - 13 - Class III 23,863 16,894 6969 N/A 48.52% Company Management 2,326 1,760 566 N/A 45.4% Percentage of Introduced Business (Cont’d) % of Business Derived from Introduced Business 0-20 21-40 41-60 61-80 81-100 Total Class I Class II Class III Company Management Total 9 6 4 5 13 37 1 0 0 0 0 1 2 1 0 2 1 6 1 1 2 0 1 5 13 8 6 7 15 49 “Eligible” Introducers Type of Licensee Class I Class II Class III Company Management Total # of Introducers #of Introducers Reviewed # of Eligible Introducers 7141 N/A 791 207 N/A 24 142 N/A 14 # of Introducers that did NOT provide Benefical Owner Information 24 N/A 1 8 8 4 1 7940 239 160 26 JURISDICTIONS OF INTRODUCERS IDENTIFIED IN FILES REVIEWED Africa Mauritius Seychelles Americas Argentina Bahamas Barbados Belize Bermuda Brazil BVI Canada Cayman Islands Curacao Dominican Republic Nevis Panama USA Europe Cyprus Estonia Gibraltar Jersey Latvia Liechtenstein Guernsey Luxembourg Ireland Isle of Man Malta Monaco Russia Switzerland UK Other: Western European Countries Asia/Pacific China New Zealand Taiwan Hong Kong Singapore Other: Asian Countries Top 6 Jurisdictions Switzerland Hong Kong USA Cyprus UK Singapore Frequency of Licensee Observations 20 17 14 11 9 8 Middle East Bahrain Israel Lebanon UAE Introducers from Non-recognised Jurisdictions Country/ Jurisdiction Assessing Body FATF – strategic ML/TF deficiencies with agreed action plan in place Conclusions in Last Follow-up Report Bahrain MENAFATF N/A - Belize CFATF (CFATF) CFATF in May 2014 recognised that Belize has made significant progress in addressing its AML/CFT deficiencies and continues to work with them. Dominican Republic CFATF (CFATF) In May 2014 CFATF removed the Dominican Republic from Enhanced Follow-up and placed it in Regular Follow-up. Israel MONEYVAL N/A - Lebanon MENAFATF N/A - Monaco St. Kitts & Nevis MONEYVAL CFATF N/A (CFATF) - Seychelles UAE ESAAMLG MENAFATF N/A N/A In November 2014 CFATF recognised that St. Kitts and Nevis had made significant progress in addressing their deficiencies and was removed from the follow-up process. - Access to Client Company Files and Beneficial Ownership Information Type of Licensee “Yes” to Access “No” to Access Class I 34 3 Class II 1 0 Class III 5 1 Company Management 5 0 Total 45 4 Type of Licensee Evidence of Files on Site No Evidence of Files on Site Class I Class II Class III Company Management 34 1 5 5 3 0 1 0 Total 45 4 Type of Licensee Data Source Company No. Location of Introducers for the Licensees who had no access Where information is held Class I Trust (1) Class I Trust (2) Class I Trust (3) Class III Trust (4) #3 #17 #41 #25 Panama, USA and Switzerland Hong Kong Cyprus and Panama Hong Kong and China Panama Hong Kong Only senior management has full access to database Hong Kong Testing of Introducer Relationships Type of Licensee Yes Testing No Testing No Introduced Business Class I 25 10 2 Class III 3 3 0 Company Management 1 3 1 Licensees with Introduced Business Rated Largely Compliant or Above % of Inspected Licensees Rated Largely Compliant or Above Total Licensees Rated 57.78% 19 42.22% 45 25 51.02% 24 48.98% 49 Requirements to update CDD 35 71.43% 14 28.57% 49 Requirements of ECDD 22 55.00% 18 45.00% 40 Requirements of Certified Documents 28 57.14% 21 42.86% 49 Records, Record Keeping and Retrieval 29 59.18% 20 40.82% 49 No of Licensees Rated Below Largely Compliant % of Inspected Licensees Rated Below Compliant Introduced Business 26 Requirements of CDD Areas Reviewed Licensees with Introduced Business Introduced Business Class I Class II Class III Company Management Total Requirements of CDD Class I Class II Class III Company Management Total Requirements of Certified Document Class I Class II Class III Company Management Total NC PC Requirements of ECDD NC PC 4 2 1 7 14 3 2 19 Class I Class II Class III Company Management Total 7 3 2 12 10 10 NC PC Requirements to update CDD NC PC 1 1 2 17 3 3 23 Class I Class II Class III Company Management Total 8 3 1 12 19 2 2 23 NC PC NC PC 2 1 3 20 2 3 25 Records, Record Keeping and Retrieval Class I Class II Class III Company Management Total 2 2 21 3 3 27 Compliance Ratings Received by Class I Trust Licensees 57% Records, Record Keeping and Retrieval Requirements of Certified Document 5% 38% 54% 5% 38% 3% N/A Requirements of ECDD 11% 19% 27% 22% 22% Non-Compliant Partially Compliant 22% Requirements to update CDD 51% 22% 5% Largely Compliant Compliant Requirements of CDD 3% Introduced Business 46% 5%11% 0% 20% 35% 38% 40% 16% 32% 60% 80% 14% 100% 120% Compliance Ratings Received by Class III Trust Licensees N/A Non-Compliant Partially Compliant 33% Records, Record Keeping and Retrieval Requirements of Certified Document 17% 17% 33% 50% Requirements to update CDD 50% Introduced Business Compliant 50% Requirements of ECDD Requirements of CDD Largely Compliant 17% 50% 50% 33% 50% 33% 17% 17% 50% 17% 17% Compliance Ratings Received by Company Management Licensees Records, Record Keeping and Retrieval 60% 40% Requirements of Certified Document 60% 40% N/A 20% Requirements of ECDD 40% 40% Non-Compliant Partially Compliant 20% Requirements to update CDD 40% 20% 20% Largely Compliant Compliant 60% Requirements of CDD 20% Introduced Business 0% 40% 20% 20% 40% 40% 60% 20% 80% 100% Compliance Rating Received by Licensees with no Introduced Business N/A Non-Compliant Partially Compliant Compliant Largely Compliant Records, Record Keeping and Retrieval 50% 50% Requirements of Certified Document 50% 50% Requirements of ECDD 25% 25% 50% Requirements to update CDD 25% 50% 25% Requirements of CDD 25% 50% 25% Compliance Officers Type of Licensee Yes Approved Compliance Officer No Approved Compliance Officer No Compliance Officer Exempted Class I Trust 33 1 3 - Class II Trust 1 - - - Class III Trust 4 - 1 1 Company Management 4 - - 1 Total 42 1 4 2 Compliance Officers – Unapproved Compliance Officer Results Areas Reviewed Data Source Company No. Introduced Business Requirements of CDD Requirements to update CDD Requirements of ECDD Requirements of Certified Documents Records, Record Keeping and Retrieval Class I Trust (1) #22 Partially Compliant Largely Compliant Partially Compliant Largely Compliant Partially Compliant Partially Compliant Licensees where a Compliance Officer was Non-existent Areas Reviewed Class I Trust (2) Class I Trust (3) Class I Trust (4) Class III Trust (1) Data Source Company No. #3 #31 #37 #13 Introduced Business Compliant Largely Compliant Partially Compliant Non-Compliant Requirements of CDD Largely Compliant Partially Compliant Partially Compliant Non-Compliant Requirements to update CDD Largely Compliant Partially Compliant Partially Compliant Non-Compliant Requirements of ECDD Largely Compliant N/A Partially Compliant Non-Compliant Requirements of Certified Documents Partially Compliant Non-Compliant Largely Compliant Non-Compliant Records, Record Keeping and Retrieval Largely Compliant Partially Compliant Partially Compliant Non-Compliant Introducer Agreements on File Type of Licensee Class I Trust Class II Trust Class III Trust Number of Introducers Introducers Reviewed No. of Agreements on File 7141 - 207 - 182 - 791 24 18 Company Management Total % of Agreements on File that were Reviewed 87.92% 75.00% 87.50% 8 8 7 7940 239 207 86.61%