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  • FinCEN updates jurisdictions with AML/CFT/CPF deficiencies

    Financial Crimes

    On June 29, FinCEN announced that the Financial Action Task Force (FATF) issued a public statement updating its lists of jurisdictions with strategic deficiencies in anti-money laundering (AML), countering the financing of terrorism (CFT), and countering the financing of proliferation of weapons of mass destructions (CPF). FATF’s statements include (i) Jurisdictions under Increased Monitoring, “which publicly identifies jurisdictions with strategic deficiencies in their AML/CFT/CPF regimes that have committed to, or are actively working with, the FATF to address those deficiencies in accordance with an agreed upon timeline,” and (ii) High-Risk Jurisdictions Subject to a Call for Action, “which publicly identifies jurisdictions with significant strategic deficiencies in their AML/CFT/CPF regimes and calls on all FATF members to apply enhanced due diligence, and, in the most serious cases, apply counter-measures to protect the international financial system from the money laundering, terrorist financing, and proliferation financing risks emanating from the identified countries.”

    FinCEN’s announcement also informed members that FATF added Cameroon, Croatia, and Vietnam it its list to the list of Jurisdictions Under Increased Monitoring and advised jurisdictions to apply enhanced due diligence proportionate to the risks. FATF did not remove any jurisdictions from the list. Additionally, the announcement suggests that money service businesses refer to FinCEN’s Guidance on compliance obligations to employ adequate measures against money laundering and the financing of terrorism posed by their foreign relationships. Also noted in the announcement is that the list of high-risk jurisdictions subject to a call for action, remains the same. FinCEN reminded in the announcement that U.S. financial institutions are still broadly prohibited from engaging in transactions or dealings with Iran, and they should continue to refer to existing FinCEN and Office of Foreign Assets Control guidance on engaging in financial transactions with Burma. With respect to high-risk jurisdictions subject to a call for action — the Democratic People’s Republic of Korea and Iran — “financial institutions must comply with the extensive U.S. restrictions and prohibitions against opening or maintaining any correspondent accounts, directly or indirectly, for North Korean or Iranian financial institutions,” FinCEN said, adding that “[e]xisting U.S. sanctions and FinCEN regulations already prohibit any such correspondent account relationships.”

     

    Financial Crimes Of Interest to Non-US Persons FinCEN Anti-Money Laundering Combating the Financing of Terrorism FATF Combating Weapons of Mass Destruction Proliferation Financing OFAC

  • FinCEN comments on Russia’s suspended FATF membership; issues statements on jurisdictions with AML/CFT/CPF deficiencies

    Financial Crimes

    On March 9, FinCEN informed U.S. financial institutions that last month the Financial Action Task Force (FATF) suspended the Russian Federation’s membership after determining that the country’s “actions unacceptably run counter to the FATF core principles aiming to promote security, safety, and the integrity of the global financial system.” (Covered by InfoBytes here.) FATF also urged jurisdictions to monitor for and mitigate emerging risks resulting “from the circumvention of measures taken in order to protect the international financial system.”

    Additionally, FinCEN noted that at the end of February, FATF issued public statements updating its lists of jurisdictions with strategic deficiencies in anti-money laundering (AML), countering the financing of terrorism (CFT), and countering the financing of proliferation of weapons of mass destructions (CPF) regimes. These include (i) Jurisdictions under Increased Monitoring, “which publicly identifies jurisdictions with strategic deficiencies in their AML/CFT/CPF regimes that have committed to, or are actively working with, the FATF to address those deficiencies in accordance with an agreed upon timeline,” and (ii) High-Risk Jurisdictions Subject to a Call for Action, “which publicly identifies jurisdictions with significant strategic deficiencies in their AML/CFT/CPF regimes and calls on all FATF members to apply enhanced due diligence, and, in the most serious cases, apply counter-measures to protect the international financial system from the money laundering, terrorist financing, and proliferation financing risks emanating from the identified countries.”

    With respect to jurisdictions under increased monitoring, FinCEN’s announcement reminded U.S. covered financial institutions of their due diligence obligations for foreign financial institutions (including correspondent accounts maintained for foreign banks), and instructed them to ensure that they implement “appropriate, specific, risk-based, and, where necessary, enhanced policies, procedures, and controls that are reasonably designed to detect and report known or suspected money laundering activity conducted through or involving any correspondent account established, maintained, administered, or managed in the United States.” Money services business are reminded of parallel requirements with respect to foreign agents or counterparties. Members were informed that FATF removed Cambodia and Morocco from its list of Jurisdictions under Increased Monitoring but added Nigeria and South Africa to the list.

    FinCEN’s announcement also informed members that Burma remains on the list of High-Risk Jurisdictions Subject to a Call for Action, and advised U.S. financial institutions to apply enhanced due diligence. Moreover, U.S. financial institutions should continue to refer to existing FinCEN and OFAC guidance on engaging in financial transactions with Burma. With respect to the Democratic People’s Republic of Korea and Iran, “financial institutions must comply with the extensive U.S. restrictions and prohibitions against opening or maintaining any correspondent accounts, directly or indirectly, for North Korean or Iranian financial institutions,” FinCEN said, adding that “[e]xisting U.S. sanctions and FinCEN regulations already prohibit any such correspondent account relationships.”

    Financial Crimes Of Interest to Non-US Persons FATF Russia Anti-Money Laundering Combating the Financing of Terrorism FinCEN OFAC

  • FATF suspends Russia’s task force membership

    Financial Crimes

    On February 24, the Financial Action Task Force (FATF), the international standard-setting body on illicit finance, suspended the Russian Federation’s membership, saying the country’s “actions unacceptably run counter to the FATF core principles aiming to promote security, safety, and the integrity of the global financial system.” This marks the first time the FATF has ever suspended a country from its membership. Despite the suspension, the FATF emphasized that Russia “remains accountable for its obligation to implement the FATF Standards” and “must continue to meet its financial obligations.” According to the statement, the FATF will continue to monitor the situation and will consider whether to lift or modify these restrictions during each of its plenary meetings.

    Treasury Secretary Janet Yellen issued a statement following the suspension. Explaining that “FATF members lead the global effort on combatting money laundering and the financing of terrorism and proliferation and members are expected to uphold and promote core principles that safeguard the global financial system,” Yellen stressed that “Russia’s ongoing war undermines the principles of international cooperation and mutual respect that underpin the mandate of the FATF.” She further commented that the “United States commends the FATF’s historic decision to suspend Russia’s membership in the body,” and added that “Russia’s disregard for the sovereignty and territorial integrity of Ukraine is at odds with the FATF’s foundational values of international cooperation and the rule of law. Further, Russia’s dealings with suppliers of last resort such as Iran and North Korea, its government-driven efforts to evade international sanctions and export controls, and other activities … make it a haven for illicit finance—the very thing the FATF works to combat.”

    Financial Crimes Of Interest to Non-US Persons Russia Department of Treasury FATF Illicit Finance

  • Treasury official flags “de-risking” as a concern in combating illicit financial risks

    Financial Crimes

    On December 5, Assistant Secretary for Terrorist Financing and Financial Crimes at the U.S. Department of Treasury Elizabeth Rosenberg outlined key illicit finance risks impacting the broader financial system during the ABA/ABA Financial Crimes Enforcement Conference. Rosenberg noted that for many nations, the illicit finance threat posed by Russia related to its invasion into Ukraine is a top priority. She commented that more than 30 countries immediately implemented sanctions or other economic measures against Russia, and that since then, the U.S. and other countries have created an expansive, multilateral web of restrictions targeting Russia’s ability to fund its war. Rosenberg also recognized that by reassessing their understanding of Russian illicit financial risks and implementing adaptive measures, companies and financial institutions play an important role in providing critical insight into emerging threats. Rosenberg also discussed Treasury’s risk-based approach to crafting policy responses, including those related to beneficial ownership transparency, investment adviser misuse, and the use of residential and commercial real estate to hide and grow illicit funds.

    Rosenberg warned, however, that there are challenges in implementing a truly risk-based approach. She pointed to observations made by the Financial Action Task Force, which showed that while many countries and their financial institutions “are keenly aware of where enhanced due diligence is needed,” many “often can not readily identify the inverse: places where simplified due diligence should be expected and permitted.” She cautioned that focusing on high-risk areas rather than lower-risk parts “is not without costs,” and illustrated a common form of de-risking that occurs “when financial institutions categorically cut off relationships or services to avoid perceived risks—for example, certain geographic regions—rather than applying a nuanced, risk-based approach.” Doing so can lead to “deleterious effects,” she warned, such as excluding businesses based on their location or status, or impacting emerging markets that could serve underbanked populations. Rosenberg said Treasury intends to study these concerns through the Anti-Money Laundering Act of 2020, and will develop a strategy for addressing de-risking, including recommendations on ways to improve public-private engagement on the issue, regulatory guidance and adjustments, and international supervision.

    Financial Crimes Of Interest to Non-US Persons OFAC Department of Treasury Risk Management Russia Ukraine Invasion FATF Anti-Money Laundering Act of 2020 Beneficial Ownership Illicit Finance

  • FinCEN issues statements on its lists of jurisdictions with AML/CFT/CPF deficiencies

    Financial Crimes

    On October 31, FinCEN announced that the Financial Action Task Force (FATF) issued public statements updating its lists of jurisdictions with strategic deficiencies in anti-money laundering (AML), countering the financing of terrorism (CFT), and countering the financing of proliferation of weapons of mass destructions (CPF). FATF’s statements include (i) Jurisdictions under Increased Monitoring, “which publicly identifies jurisdictions with strategic deficiencies in their AML/CFT/CPF regimes that have committed to, or are actively working with, the FATF to address those deficiencies in accordance with an agreed upon timeline,” and (ii) High-Risk Jurisdictions Subject to a Call for Action, “which publicly identifies jurisdictions with significant strategic deficiencies in their AML/CFT/CPF regimes and calls on all FATF members to apply enhanced due diligence, and, in the most serious cases, apply counter-measures to protect the international financial system from the money laundering, terrorist financing, and proliferation financing risks emanating from the identified countries.”

    FinCEN’s announcement also informed members that FATF added Burma to the list of High-Risk Jurisdictions Subject to a Call for Action, and advised jurisdictions to apply enhanced due diligence proportionate to the risks. Moreover, U.S. financial institutions should continue to refer to existing FinCEN and Office of Foreign Assets Control guidance on engaging in financial transactions with Burma. Removed from the list of jurisdictions subject to increased monitoring are Nicaragua and Pakistan. With respect to high-risk jurisdictions subject to a call for action — the Democratic People’s Republic of Korea and Iran — “financial institutions must comply with the extensive U.S. restrictions and prohibitions against opening or maintaining any correspondent accounts, directly or indirectly, for North Korean or Iranian financial institutions,” FinCEN said, adding that “[e]xisting U.S. sanctions and FinCEN regulations already prohibit any such correspondent account relationships.”

    Financial Crimes Of Interest to Non-US Persons FinCEN Anti-Money Laundering Combating the Financing of Terrorism FATF Combating Weapons of Mass Destruction Proliferation Financing OFAC

  • FAFT restricts Russia’s membership, takes action on corruption and drug trafficking

    Financial Crimes

    On October 20, the U.S. Treasury Department announced that the Financial Action Task Force (FATF) concluded its first plenary of the Singaporean presidency, in which it, among other things, took steps to combat corruption and illegal fentanyl trafficking and enhance financial transparency. During the meeting, FATF agreed to seek public input on draft guidance for implementing the FATF standard on beneficial ownership transparency for legal persons. The efforts to improve transparency in beneficial ownership “seek to improve the ability of law enforcement to trace, report, and seize illicit proceeds, and to make it harder for criminals and others to exploit opaque legal structures such as shell companies to hide and launder the proceeds of their crimes.” FATF also adopted a U.S.-led report on money laundering related to the illicit trafficking of synthetic opioids, including fentanyl, which provides information and best practices so that law enforcement and financial investigators around the world can expand their work on complex, cross-border money laundering investigations involving the proceeds of drug trafficking. The FATF also agreed to additional restrictions on the membership rights of the Russian Federation due to its war against Ukraine, including by barring them from participating in current and future FATF project teams.

    Financial Crimes Of Interest to Non-US Persons Department of Treasury Russia Singapore Anti-Money Laundering FATF Beneficial Ownership

  • Treasury discusses combating corruption

    Financial Crimes

    On September 7, U.S. Treasury Department Assistant Secretary for Terrorist Financing and Financial Crimes Elizabeth Rosenberg spoke at the Brookings Institution as part of a series of discussions regarding corruption and the Department’s efforts to strengthen global beneficial ownership standards against corruption. During her remarks, she discussed Treasury’s focus on three efforts to counter corruption: (i) analyzing the risks associated with corruption; (ii) putting in place an effective legal framework to prevent corruption in our financial system; and (iii) implementing targeted measures, such as sanctions, to expose and hold accountable corrupt individuals and their facilitators. She noted that her office’s 2022 Money Laundering Risk Assessment “described the persistent themes of corrupt individuals engaging in fraud, embezzlement, bribery, extortion, and the misuse of companies and other legal entities.” (Covered by InfoBytes here.) Rosenberg also discussed strengthening global beneficial ownership standards at the intergovernmental Financial Action Task Force “to focus the body’s efforts on the effective implementation of the UN Convention on Corruption, on the misuse of citizenship-by-investment programs by corrupt individuals and their families, and on financial gatekeepers that get rich helping senior officials steal from their citizens.” She further described Treasury efforts, both public and non-public, to expose corrupt officials. She closed her prepared remarks by committing to continue both defensive and offensive strategies to counter corruption and to advance rules that are designed to “make our financial system more resilient and bring forward new analysis on vulnerabilities to corruption in our economy.”

    Financial Crimes Of Interest to Non-US Persons Department of Treasury FATF Anti-Money Laundering

  • FSB highlights crypto threats to global financial system

    Federal Issues

    On July 11, the Financial Stability Board (FSB) outlined challenges and vulnerabilities facing the global financial system in a letter sent to G20 finance ministers and central bank governors. While recognizing that markets have seemingly coped with “evolving economic conditions and high volatility in an orderly manner” and that so far “[n]o major financial institution has shown signs of distress,” the FSB cautioned that vigilance is necessary, as unexpected economic deteriorations may test financial resilience. Among other topics, the FSB discussed targeted approaches for phasing out of Covid-19 measures to mitigate the adverse effects of high debt, and stressed that “[e]xit strategies need to reflect specific domestic economic conditions and avoid excessive financial market reactions, which may limit the scope to engineer a fully synchronized exit across jurisdictions.” Crypto-assets also create vulnerabilities, the FSB added, pointing to a recent FSB communication that clarified that stablecoins and other crypto-assets “do not operate in a regulation-free space” and warned crypto-asset providers that they may not operate in any jurisdiction without meeting applicable regulatory, supervisory, and oversight requirements. The FSB will take enforcement action against members that fail to comply with existing legal obligations, it said, adding that it is currently working to ensure that crypto-assets are subject to regulation and supervision through coordinated regulatory initiatives. Additionally, the FSB noted it is closely collaborating with standard-setting bodies, including the Financial Action Task Force, to regulate and supervise stablecoins and other crypto-assets and understand the implications of decentralized finance on financial stability. Consultative reports discussing recommendations for global regulatory and supervisory approaches to stablecoins and other crypto-assets will be submitted in October to the G20 finance ministers and central bank governors.

    Federal Issues FSB Digital Assets Covid-19 FATF Of Interest to Non-US Persons

  • FinCEN issues statements on its lists of jurisdictions with AML/CFT/CPF deficiencies

    Financial Crimes

    On June 23, FinCEN announced that the Financial Action Task Force (FATF) issued public statements updating its lists of jurisdictions with strategic deficiencies in anti-money laundering (AML), countering the financing of terrorism (CFT), and countering the financing of proliferation of weapons of mass destructions (CPF). FATF’s statements include (i) Jurisdictions under Increased Monitoring, “which publicly identifies jurisdictions with strategic deficiencies in their AML/CFT/CPF regimes that have committed to, or are actively working with, the FATF to address those deficiencies in accordance with an agreed upon timeline,” and (ii) High-Risk Jurisdictions Subject to a Call for Action, “which publicly identifies jurisdictions with significant strategic deficiencies in their AML/CFT/CPF regimes and calls on all FATF members to apply enhanced due diligence, and, in the most serious cases, apply counter-measures to protect the international financial system from the money laundering, terrorist financing, and proliferation financing risks emanating from the identified countries.” FinCEN’s announcement also informs members that FATF removed Malta from its list of Jurisdictions under Increased Monitoring and added Gibraltar, and that its list of High-Risk Jurisdictions Subject to a Call for Action continues to subject Iran and the Democratic People’s Republic of Korea to the FATF’s countermeasures.

    Financial Crimes Anti-Money Laundering Combating the Financing of Terrorism Combating Weapons of Mass Destruction Proliferation Financing FATF FinCEN Of Interest to Non-US Persons

  • FAFT restricts Russia’s membership privileges, takes action against corruption and virtual asset misuse

    Financial Crimes

    On June 17, the U.S. Treasury Department announced that the Financial Action Task Force (FATF) concluded another plenary meeting, in which it, among other things, took steps to restrict Russia’s FATF membership privileges. During the meeting, FATF again criticized Russia’s war against Ukraine and issued a statement, stressing that “Russian actions run counter to the FATF core principles aiming to promote security, safety, and the integrity of the global financial system. They also represent a gross violation of the commitment to international cooperation and mutual respect upon which FATF Members have agreed to implement and support the FATF standards.” Treasury Secretary Janet Yellen also stated that she “welcome[s] the serious steps the FATF took to restrict Russia’s presence in its community.” FATF members agreed that Russia can no longer hold any leadership or advisory roles, nor take part in decision making on any standard-setting, peer-review processes, governance, or membership matters. Russia is also prohibited from providing assessors, reviewers, or other experts for FATF peer-review processes. FATF stated it “will monitor the situation and consider at each of its Plenary meetings whether grounds exist for modifying these restrictions.”

    FATF also produced policy recommendations for combatting corruption and countering corrupt actors or illicit funds. FATF stated it will continue to fight the abuse of shell companies, trusts, or other legal arrangements employed by bad actors, and intends to seek input on guidance to implement recommendations related to the collection and verification of beneficial ownership information for companies or other legal entities. FATF members will release a white paper for public consultation on important issues concerning “the misuse of trusts and other legal arrangements to facilitate illicit finance,” and will published guidance on ways governments and firms can mitigate money laundering risks within the real estate sector.

    Additionally, FATF adopted a report on virtual assets during the meeting, calling “for accelerated compliance by the public and private sectors with the FATF standards, particularly the ‘travel rule,’ for virtual assets and virtual asset service providers.” The travel rule requires virtual asset service providers to collect or send information on the identities of the originator and beneficiary of virtual asset transfers. However, FATF noted that, despite some progress, not all countries have introduced the travel rule, creating significant vulnerabilities for criminal misuse and underscoring the need for universal implementation and enforcement of the travel rule. FATF also approved a new project related to ransomware finance and related money laundering, with an objective of raising global awareness and understanding of how payments for ransomware are made and how these proceeds are often laundered.

    Financial Crimes Digital Assets Of Interest to Non-US Persons Department of Treasury Russia FATF Anti-Money Laundering Combating the Financing of Terrorism Beneficial Ownership Ransomware Virtual Currency Fintech

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