Review of banks' anti-money laundering systems and controls

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Apr 23, 2013 ... laundering systems and controls. Stewart McGlynn. Anti-Money Laundering. Banking Supervision Department. Hong Kong Monetary Authority.

Review of banks’ anti-money laundering systems and controls

Stewart McGlynn Anti-Money Laundering Banking Supervision Department Hong Kong Monetary Authority 22 & 23 April 2013

Disclaimer  This presentation provides guidance to authorized institutions (“AIs”) on issues relating to the Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance (“AMLO”) and the AMLO Guideline. The presentation is provided for training purposes and does not form part of the formal legal and regulatory requirements of the HKMA. It should not be substituted for seeking detailed advice on any specific case from an AI’s own professional adviser.  The HKMA is the owner of the copyright and any other rights in the PowerPoint materials of this presentation. These materials may be used for personal viewing purposes or for use within an AI. Such materials may not be reproduced for or distributed to third parties, or used for commercial purposes, without the HKMA’s prior written consent.

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Regulatory Regime  Mature Anti-Money Laundering (AML) Regime • HKMA Guideline since 1993, STR requirement since 1989/95

 Anti-Money Laundering and Counter-Terrorist Financing Ord. (AMLO) commenced on 1 April 2012  14 x AML Examinations after 1 April 2012 • 5 x In-Depth ‘Tier 2’ • 9 x Thematic examination - Transaction Monitoring (TM) & Suspicious Transaction Reporting (STR)

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ML/TF Risk Management        

Senior Management Oversight Policies and Procedures Management of AML/CFT Function Internal Audit and Compliance Reviews Correspondent Banking Transaction Screening Transaction Monitoring Suspicious Transaction Reporting

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Senior Management Oversight  Expectation is senior management should take clear responsibility for managing ML risks • There should be evidence of active engagement by senior management in the bank’s approach to managing ML risks

 AMLO requires a FI to take all reasonable measures to ensure that proper safeguards are taken to prevent a contravention and to mitigate ML and TF risks (s.23)

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Senior Management Oversight  Participation by management at sufficiently high level is needed  Senior management should receive informative and objective information sufficient to discharge AML obligations  Must be strategy or evidence of self improvement • Coordination across the bank on AML required • AML issues must be dealt with on a proactive basis  Senior Management should ensure AML department has sufficient resources 6

Policies and Procedures Must have in place up-to-date P&P that are appropriate to its business. These P&P must be readily accessible, effective and understood by all relevant staff. We expect banks to check whether P&P are applied consistently and effectively

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Money Laundering Reporting Officer Money Laundering Reporting Officers (MLRO) are responsible for oversight of the banks compliance with its AML/CFT obligations and should act as a central reference point for reporting suspicious transactions. For example:  the MLRO should have sufficient resources, experience, access and seniority to be effective  the MLRO should fully understand the rationale of policies they were overseeing  The MLRO should have sufficient awareness and oversight of the highest risk relationships

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Money Laundering Reporting Officer Our Requirements:  MLRO should not simply be that of a passive recipient of ad hoc reports of suspicious transactions  MLRO should play an active role in the identification and reporting of suspicious transactions  This may also involve regular review of exception reports or large or irregular transaction reports as well as ad hoc reports made by staff

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Internal Audit & Compliance Reviews  Banks approach to reviews of effectiveness of AML systems must be comprehensive  Scope of review must address Bank’s risks  Findings of recent IA and compliance reviews on AML controls must drive change • Reports must be of sufficient quality • Should ensure the information is discussed at sufficiently senior level  Implementation of remedial measures must be consistent

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Risks of Correspondent Banking  The correspondent AI often has no direct relationship with the underlying parties to a transaction  Banks often have limited information regarding the nature and purpose of the underlying transactions  Correspondent banking is therefore regarded as highrisk from a ML/TF perspective  Special due diligence requirements for correspondent banking relationships apply

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Correspondent Banking  Must consider the ML risk of Correspondent Bank  Should have adequate P&P on how to deal with respondents  Should not apply a one size fits all  Reliance on assessments that exist elsewhere within a group, without local nexus, may not be sufficient  Ensure robust monitoring of respondents identified as presenting higher risks

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Transaction Screening  Does the bank maintain a comprehensive and up-todate watch list database for effective identification of names that may trigger suspicion?

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Transaction Screening  Should ensure the designated parties database and high-risk / sanctioned jurisdictions list are complete  The algorithm used in the screening system should be able to identify names with minor alterations (e.g. reverse order or partial name)  Screening system must support Chinese characters / commercial code OR written guidance must be provided to mitigate this risk  Should have formal P&P for handling transactions connected with high-risk / sanctioned jurisdictions

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Good Practices  Clear P&P to ensure timely updating of the designation parties database and high-risk / sanctioned jurisdictions list  Conduct testing on the names of newly added designated parties to ensure completeness and accuracy of database  Establish internal P&P to provide guidance to staff handling transactions with sanctioned jurisdictions taking into account the restrictions imposed in sanction programmes, including the requirement for review, EDD etc 15

Transaction Monitoring  Are the banks transaction monitoring systems adequate, given their business activities and size?  How does the bank ensure systematic investigations into unusual transactions and potential STRs?

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Transaction Monitoring  Depending on nature and scale of the bank, automated TM systems may be important for effective AML controls  Must ensure sufficiently detailed system review • Sufficient coverage of TM systems • Thresholds and parameters must be appropriate  Should have a clear understanding of what the system could deliver / limitations • TM can only supplement, not replace human element  Responsibilities for reviewing, investigating and reporting alerts must be clearly allocated 17

Good Practices  Conduct detailed assessments prior to the launch of TM systems to ensure adequate coverage  Give careful consideration to thresholds and parameters and consider validation by independent third parties  No “one size fits all” - categorize thresholds and parameters according to customer’s business size and nature  Conduct regular (e.g. annual) review and enhancements on TM system by internal department or use external consultants where the system is complex or internal experience is insufficient 18

Suspicious Transaction Reports  To what extent does the bank understand and carry out, their detection and reporting obligations on the suspected proceeds of crime?

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Suspicious Transaction Reports  STR reporting is not only a legal necessity, rather it is a matter of real concern for banks  All internal reports must be subject to meaningful analysis to determine whether disclosure is required  Guidance should be provided on connected accounts to ensure understanding  Should conduct an appropriate review of business relationship upon filing, to mitigate the risk  Processes for dealing with repeat internal / external STRs must be sufficiently robust to protect the bank  Consent System must be clearly understood

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Good Practices  Mandatory trigger event review & thorough process to determine applicability of risk classification etc  Robust P&P underpinning these actions, including escalation, to mitigate risk  Policy on repeat internal / external STRs  Termination of relationships where unacceptable ML risks existed and indicate this in the initial disclosure to the JFIU  Use of internal / external reporting experience to identify weaknesses in CDD, branch controls; evidence of active learning  Clear P&P regarding timeframe for analysis; clear guidance for escalation where immediate risk existed  Conduct regular reviews of resources allocated to these tasks, and ensure the Board act upon the findings of the review

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Looking Forward

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Alerts

WARNING!

Handling of alerts must be effective Actions performed must address risk

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Opportunity for Intervention

Customer On Boarding

Robust CDD

Ongoing Monitoring

STR and Post Reporting Actions Protect the institution from further ML risks

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Key Takeaways  Senior management must demonstrate leadership on AML  Policy & procedure must reflect that leadership  AML function needs experienced people and adequate resources – requirement to review  AML responsibility lies with all staff but CO/MLRO play a central role  Effectiveness of controls must be regularly reviewed – Transaction Monitoring and STR are pillars  ML risks should be understood and mitigated  Banks should demonstrate willingness to exit where there are unacceptable ML risks 25

Stewart McGlynn Tel. 2878 1095 [email protected]

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rc o F e c i l Chief Inspector o Bernard LAW P g n o Joint Financial Intelligence Unit K g n Ho

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Important Notice

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All rights, including copyright, in this PowerPoint file are owned and reserved by the Hong Kong Police Force. Unless prior permission in writing is given by the Commissioner of Police, you may not use the materials other than for your personal learning and in the course of your official duty.

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Agenda

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o d s i h Importance of Reporting Institutionsf t o t h Typologies g i r y op Statistic of Suspicious Transaction c e h t Reports s n w o Quality Suspicious Transaction Reporting e c r o Conclusion ce F i l o P g n o K g n Ho Joint Financial

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Importance of Reporting Institutiont

FIUs

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LEAs

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Different Players and Roles

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Reporting Institutions

• Customer identification • Record keeping • Internal systems and controls

F • Suspicious transactions ce i l o P g n o K g n Ho

o d s i h f t LEAs

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FIUs

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c e • Handling STRh t s • Dissemination n w o exchange • Information e c o•rFeedback • Outreach program

• ML investigation • Asset tracing • Asset recovery • Information exchange • MLA

Joint Financial Intelligence Unit

Information Flow

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Reporting Entities

FIU’s Other Intelligence agencies

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INFORMATION

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context

context Transformation process

STR

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Transformation process

context

Evidence in case

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Legislation Reporting Obligation

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o d s Organized and Serious Crimes Ordinance “OSCO” i h t f Section 25A(1) o t h A person knows or suspect that g i r any property (directly or indirectly) represents any y p ooffence person’s proceeds of an indictable c e h t should disclose that knowledge s or suspicion to an n authorized officer within wa reasonable time o e c r o F e c i l o P g nSuspicious Transaction Report o K (STR) g n o H

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Joint Financial Intelligence Unit

Legislation

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o d • Offence if failing to report: s. 25A(1)is h t f o • Disclosure protection of ML offence: s.25A(2) t h g i r y (3) • Protection against suit: s.25A p o c e h t • Offence to disclose the disclosure: s.25A (5) s n w o tipping off “any ematter likely to prejudice an rc o investigation” F e c i l o P g n o K g n Ho Joint Financial Intelligence Unit

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Typologies

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o are d ƒ A series of ML or TF arrangements which s i h t using the f conducted in similar manner tor o h g i same methods. yr p

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Typologies

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o d s i To help the reporting institutions in h t f o t h g identifying understanding the trend and i r y p o c e the vulnerable areas tused by the Money h s n w o e Launderer andrcTerrorist Financier o F e c i l o P g n o K g n o H Joint Financial Intelligence Unit

Typologies m u c

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Corporate Vehicle • easy to set up • beneficial ownership • shell company

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Typologies m u c

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Trade-based Transaction • over & under invoicing • counter balance • multiple business

Money Transfer s

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• e-Banking e c • via Money Services Operator r o • multiple e F transfers between accounts

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• unlicensed Money Services Operator • front man Joint Financial • theft of identity Intelligence Unit

Typologies Indicators

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o t h senders • Multiple inward remittances from different g i r y op • Multiple outward remittances to overseas accounts c e h t s • Temporary repository of fund n w o enot commensurate with customer • Destination of transfer c r o F profile e c i l o • Payment gofP“consultancy fees” or “loan” n o K only operated for a few months • Accounts g n o H Joint Financial Intelligence Unit

STR received in the past 10 years t u c o

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Quality Reporting

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Suspicion  identified?

Sufficient  information?

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o CDD and KYC  t h g i process? r

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Evaluation?

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Quality Reporting

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Sufficient Information o t h g i r

• Client / BO information y p o c - company details e h t - ID information ns

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rc • Transaction information o F e - fund flowlic o P - counterparties information g H

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Quality Reporting

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o d Suspicion identified this f o t h g i r y p o of customer/BO • Background c e h t s source of suspicion • Quote n w o •e Transaction patterns c r o F e • Avoid incoherent information c i ol

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Quality Reporting KYC and CDD Process

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• Update Personal and Company py information

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• Enquire customers for suspicious h t s n transactions ow

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Quality Reporting Precise and Concise

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o t h g i • 23,282 STRs received in 2012 yr op c • Quality reporting is essential e h t s n • Precise and concise wwithout redundant and o e c duplicated information r o F e c i l o P g n o K g n o H

Joint Financial Intelligence Unit

Quality Reporting

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Evaluation

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• Not every STR is to be reported y if risk can be p o c mitigated he

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F e c once suspicion arose • Report STR i l o P g n o K g n Ho Joint Financial

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Conclusion

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o d “Compliance is not a ‘check-the-box’ s i h t f exercise, but rather t o requires h g i r financial institutions toopyexercise their c e judgement, as sinformed by our th n w o guidance andceassistance.” r o F

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e c i l Bill Fox, ex-FinCEN Director o P Joint Financial Intelligence Unit

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Thank You n o H

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Supervisory Response of the HKMA

Stewart McGlynn Banking Supervision Department Hong Kong Monetary Authority 22 & 23 April 2013

Well-focused Supervision

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Our programme of in-depth AML examinations will continue and at the same time be strengthened Thematic AML examinations will remain a key part of our supervisory approach A thematic review of the private banking sector has just commenced AML examinations will also test banks’ controls and vigilance to combat the risks of tax evasion

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What to expect?

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We intend to be more proactive, adopting a more forward looking approach We will review the frequency, intensity and scope of our on-site and off-site examinations We are significantly strengthening the resources dedicated to AML supervision and are reviewing our follow-up processes We will be prepared to take early intervention to tackle root cause rather than waiting for risks to accumulate

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Key Questions

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Is the tone from the top clear in your bank? What steps have you taken to foster a strong risk culture? How do you ensure that the AML function is equipped with sufficient resources to perform effectively? Do you oversee measures to ensure that your AML programme is systematic? Is your AML programme subject to regular review? Do you play a central and proactive role?

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Key Takeaways

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International standards and obligations on AML must be met Effective AML measures in the banking sector are essential as it acts as a gatekeeper Resources afforded to AML work must be adequate The obligation to implement the AML rules fully and in good faith must always come before business interests HKMA will be ready to take tougher actions, including the use of our powers under AMLO.

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~ Thank You ~

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