Transcript Slide 1
Risk-Based Approach to AML/CFT Terence Donovan, Financial Integrity Group, Legal Department, IMF March 2009 Disclaimer: The views expressed herein are those of the author and should not be attributed to the IMF, its Executive Board, or its management. 1 Basis in international standard 2003 revision of FATF Recommendations provide, for the first time, explicit recognition of the risk-based approach Multiple references to ML/FT risk and to risk management – – – – Definition of financial institutions CDD Internal controls Supervision It is NOT mandatory to apply a risk-based approach, except when dealing with higher risks 2 Risk Principles for Customer Due Diligence (CDD) CDD is a wider concept than Know Your Customer (KYC) Financial institutions should apply each of the CDD measures but may determine the extent of such measures on a risk sensitive basis depending on the type of customer, business relationship or transaction. The measures that are taken should be consistent with any guidelines issued by competent authorities. For higher risk categories, financial institutions should perform enhanced due diligence. In certain circumstances, where there are low risks, countries may decide that financial institutions can apply reduced or simplified measures. 3 Issues with the Risk-Based Approach For many countries Risk-based Approach (RBA) is still new and untested. Documentation being developed to assist implementation. No consistent understanding of meaning and application of RBA. Financial institutions unclear of supervisors’ expectations. 4 Some benefits of RBA Requires financial institutions to think about AML/CFT risk. Allows for less rigid alternative to checklist approach to compliance and supervision. Flexibility as risks change over time. Less inconvenience for legitimate customers. Makes sense to financial institutions and their staff. Launderers cannot as easily plan around RBA. Financial institutions best placed to know their own risks. 5 Challenges of RBA Financial institutions need expertise in risk assessment and management. Diversity of approaches means complexity for supervisors. More difficult to apply legal obligations and sanctions due to level of discretion. Financial institutions often prefer legal and supervisory ‘certainty’. Can be costly. Difficult in cash-based economies. 6 Thank you for your attention. Questions? Comments? 7