This notice constitutes advice issued by HM Treasury about risks posed by unsatisfactory money laundering controls in a number of jurisdictions.
The Money Laundering Regulations 2007 require firms to put in place policies, procedures or systems in order to prevent money laundering or terrorist financing.
Regulated businesses are also required to apply enhanced customer due diligence and enhanced ongoing monitoring on a risk-sensitive basis in certain defined situations and in “any other situation which by its nature can present a higher risk of money laundering or terrorist financing”.
On 16th October 2009 the Financial Action Task Force (FATF) issued a further statement drawing attention to deficiencies in several jurisdictions of concern. The UK fully supports the work of the FATF on these matters and HM Treasury agrees with the FATF assessments.
The UK additionally draws attention to, and supports, the public statements of MONEYVAL (a FATF style regional body under the auspices of the Council of Europe) in respect of Azerbaijan in December 2008, March 2009 and September 2009.
This advice is effective immediately.
The substance of the FATF statement is attached as an Annex.
IranThe FATF is concerned about Iran’s lack of engagement with the FATF and its failure to meaningfully address the ongoing and substantial deficiencies in its AML/CFT regime.
The FATF has called on its members to apply effective countermeasures to protect their financial sectors from risks emanating from Iran, and to protect against the use of correspondent banking relationships to bypass or evade counter-measures and risk mitigation practices. The FATF has further warned that it will call upon its members and other jurisdictions to strengthen counter-measures at it’s next meeting in February 2010 if Iran fails to take concrete steps to improve the deficiencies in its AML/CFT regime.
All UK businesses regulated under the Money Laundering Regulations 2007 whether financial institutions or other regulated persons should treat transactions associated with Iran as situations that by their nature can present a higher risk of money laundering or terrorist financing, and which therefore require increased scrutiny, enhanced due diligence, and ongoing monitoring, particularly where correspondent relationships are involved, which have been highlighted as a particular risk.
All other persons authorised by the Financial Services Authority should also take this advice into account in respect of their systems and controls to counter financial crime, and take appropriate actions to minimise the associated risks.
Further to the call for countermeasures by the FATF, on the 12 October 2009, HM Treasury issued a direction under the Counter Terrorism Act to the UK financial sector to cease all business relationships and transactions with Bank Mellat and Islamic Republic of Iran Shipping Lines (IRISL). For further information on these directions, please see the HM Treasury website: http://www.hm-treasury.gov.uk/fin_crime_policy.htm
PakistanThe FATF has expressed its concern at the approaching expiry of Pakistan’s Anti-Money Laundering Ordinance, and has urged Pakistan to implement a permanent AML/CFT framework before the Ordinance expires. The FATF also noted that it would consider taking action to protect the financial system from money laundering and terrorist financing risk emanating from Pakistan in February 2010 if concrete progress has not been made by that date.
UK financial institutions regulated for money laundering purposes should pay attention to the latest FATF statement in respect of Pakistan and the risks it presents. Financial institutions should take this advice into account in respect of their systems and controls to counter financial crime, and take appropriate actions to minimise the associated risks.
Uzbekistan, Turkmenistan and São Tomé and PríncipeThe FATF has also drawn attention to the continuing AML/CTF deficiencies in Uzbekistan, Turkmenistan, and São Tomé and Príncipe.
The attention of UK financial institutions regulated for money laundering purposes is therefore drawn to the FATF statements in respect of those jurisdictions, and the risks that they continue to present. They should take this advice into account in respect of their systems and controls to counter financial crime, and take appropriate actions to minimise the associated risks.
AzerbaijanMONEYVAL drew attention to deficiencies in the AML/CTF regime in Azerbaijan through statements in December 2008, March 2009 and September 2009.
The attention of UK financial institutions regulated for money laundering purposes is therefore drawn to the latest MONEYVAL statement in respect of this jurisdiction, and the risks that it continues to present.
Source:
The Gov Monitor