Enforcement report 2018/19

Anti-Money laundering healthcheck

Good practice

During the year we published advice to operators through public statements. You should consider the following to ensure you are complying with the terms of your licence:

• Have you allocated sufficient resources to AML compliance?
• Have you ensured you have clear, up-to-date, and fit for purpose AML policies, procedures and controls available to all who require guidance?
• Have you ensured your policies, procedures and controls have been informed by our guidance on AML? Are you assuming if you comply with the AML requirements of another regulator you are compliant with the Commission’s requirements?
• Is your money laundering and terrorist financing risk assessment appropriate to your business? Have you taken into account the Commission’s Money Laundering and Terrorist Financing Risk Assessment, and the high-risk factors detailed in our guidance?
• Are your policies, procedures and controls informed by the risks identified in your money laundering and terrorist financing risk assessment? Are they revised when the risks change?
• Are your customer risk profiles informed by your money laundering and terrorist financing risk assessment? Are you placing an over-reliance on monetary thresholds as risk triggers and ignoring other risk factors?
• Is the level of customer due diligence you conduct on particular customers informed bytheir risk profile? Do you scrutinise transactions to ensure they are consistent with the customer’s risk profile?
• Have you ensured staff have, and continue to receive, adequate training on AML matters, including how to recognise and deal with transactions and other activities which may relate to money laundering or terrorist financing?
• Are you supporting your nominated officers with the appropriate resources and training and do they have the authority to operate objectively and independently?
• Are your systems and controls appropriate for your business?
• Do you regularly assess the adequacy of your systems and controls and their effectiveness in mitigating the identified money laundering and terrorist financing risks?
• Do you know your customer (KYC)? Are you gaining a holistic picture of the customer’s source of funds, particularly in relation to VIP customers? Are you critically assessing assurances you receive as to their source of funds?
• Are you requiring customers to provide their occupation upon registration and then profiling their income for affordability?
• Are you making records of customer interactions and transactions where necessary?
• Is your approach governed by risk? Once an alert has been raised, do you have in place procedures to ensure the case is properly reviewed in a timely manner? Will decisions be appropriately recorded?
• Are you confident commercial considerations do not outweigh your adherence to the terms of your licence?
• Is risk being ‘owned’ at an appropriately senior level within your organisation?

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