PDF《Anti-Money Laundering》

s risk assessment. Vulnerability Gatekeepers Cards TCSPs and shell companies Anonymity International Payments High Risk Customers Cash High risk jurisdictions International trade and trade based money laundering (TBML) Typologies relating to Money Service Businesses (MSBs) New Payment Technology (NPT) Lack of ML/TF awareness 12. When undertaking their own risk assessments reporting entities should consider these

12 potential ML/TF vulnerabilities and how they impact on their business. 13. The FIU has produced a very useful guide (http://www.police.govt.nz/advice/businesses-and- organisations/fiu/goaml) for the submission of STRs. This guide contains a number of industry specific indicators and warnings of ML and TF activity. Reporting entities are recommended to refer to this guide when assessing ML/TF risk and establishing and maintaining AML/CFT programmes.

6 6 | P a g e Predicate offending 14. Taking direction from overseas experience and the reports of the FIU it is important that RBNZ reporting entities are aware of the full range of criminal offending that can lead to ML/TF activity. In particular, current AML/CFT thinking both domestically and internationally stresses a move away from a primary focus on drug offending and broadens the scope of AML/CFT to better address fraud, tax evasion and other crime. 15. For instance, while the FATF have identified that most criminal cash proceeds are from drug trafficking, the amounts involved are closely followed by smuggling, fraud, and corruption and people trafficking. In addition, the proceeds of crime from tax evasion, while hard to quantify, are believed to be significant. Terrorist Financing (TF) 16. Given the increasingly important and dynamic nature of TF risk this topic is covered in a dedicated section of the SRA 2017. While terrorism is generally assessed as low within NZ it is prudent to provide guidance on the vulnerabilities and risks associated with the global issue of TF. This section reflects guidance from the FIU and from overseas agencies. Importance of a good risk assessment 17. A core element of a reporting entity'

s AML/CFT compliance is an adequate and effective risk assessment. The written risk assessment is the foundation of a proportionate risk-based approach (RBA) to AML/CFT. RBNZ expects each reporting entity to have a clear understanding of the inherent ML/TF risks it faces during the course of its business and the vulnerabilities to which it is exposed. An inadequate risk assessment will result in an inadequate and ineffective AML/CFT programme which will have a detrimental impact on a reporting entity'

s ML/FT control measures. SRA

2011 and SRA

2017 18. The SRA

2017 compared to the SRA

2011 has the following key differences: o It builds on the domestic experience gathered since the implementation of the Act. o It uses a different methodology to assess ML/TF risk. Part Four of this document details the Methodology used. o The concept of ML/TF vulnerability has been introduced as well as using a risk rating. o TF is the subject of more detailed analysis. o A wider range of domestic and international guidance has been used. 19. ML/TF risk questions have been formalised for the sector. Questions have been included in this document, for each reporting entity to use when next reviewing and updating their written risk assessment and AML/CFT programme. SRA and NRA as a trigger event for reporting entities 20. Publication of this second edition of RBNZ'

s SRA and the NRA (refer paragraph 27) should be viewed by REs as a trigger for reviewing and, where necessary, updating their AML/CFT policies, procedures and internal controls. Reporting entities are expected to refer to section