ANTI-MONEY LAUNDERING(Awareness and Training)

26th March 2016

JINO M KURIAN, LL.M, UGC NET

Agenda What is Money Laundering?- Jino Overview of AML Landscape in the United Arab Emirates (UAE)- Jino Current AML issues facing Registered Auditors- Noor HM AML Handbook and measures- Noor

Money Laundering is the process of transforming the proceeds of crime into legitimate assets.

INTERPOL's definition of money laundering is: "any act or attempted act to conceal or disguise the identity of illegally obtained proceeds so that they appear to have originated from legitimate sources"

Money Laundering- definition

Money Laundering- three stages

PlacementLayering

Integration

which involves the placement of illicit funds into the financial system.

which involves the transfer of the funds from one source to another in order to conceal the source of funds.

which involves the placement of the proceeds of crime into use as legitimate funds by purchasing a legitimate business or real estate.

Legal perspective Federal Law No. 4 of 2002 Criminalization of Money Laundering Crimes Federal Law No.9 of 2014 Anti Money Laundering and Combating Financing

of Terrorism (CFT)’(Amendment) Change of title ‘Criminalization of Money Laundering Crimes’, to ‘Anti Money

Laundering and Combating Financing of Terrorism (CFT)’ Federal Law No.7 of 2014 Combating Terrorism Offences UAE Cabinet Resolution No. 38 of 2014 International Treaties :

Vienna convention 1988; Palermo Convention 2001; Marida Convention 2005, Regulations and instruments UN, EU, IMF, World Bank, Basel Conventions … 40 Recommendations of FATF, MENA FATF,

Money Laundering Article 2, Federal Law No.9 of 2014 states that –

1)Any person, having the knowledge that the funds are the proceeds of a felony or a misdemeanor, and who willfully commit any of the following acts, shall be considered a perpetrator of the crime of money laundering:

a-Transferring, transporting, depositing, safekeeping, investing or transforming the proceeds of a crime or managing the same aiming to conceal or disguise their unlawful source.b-Concealing or disguising the true nature, source or location of the proceeds as well as the method involving their disposition, movement, ownership of or rights with respect to said proceeds.c-Acquiring, possessing or using the proceeds.

2) The Crime of money laundering is considered as a separate crime and the punishment of the perpetrator for the commission of the original crime shall not prevent that he shall be punished for the crime of money laundering.

3) In order to prove the property is the proceeds of crime, it shall not be necessary that there be a conviction for the crime.

Funds Assets of every kind whether tangible or intangible, movable or immovable including

national currency, foreign currencies, documents or deeds, in any form, including electronic or digital, evidencing title to, or interest in, such assets:

the meaning of ‘funds’ which refers not only to money but any assets including assets in “ digital or electronic form”.

the offences to which money laundering related (the so called “predicate offences”), are no longer identified by reference to a list ,but buy by the catch-all; any offence or a misdemeanor” (See additional information)

activities carried out with respect to assets now include: saving, investing, exchanging or managing;

a conviction for the “predicate” offence is not a condition to proving the illicit source of funds.

Proceeds Any funds derived from or obtained, directly or indirectly through the

commission of a felony or a misdemeanor.

MENA FATF Recommendation REPORTING OF SUSPICIOUS TRANSACTIONS

20. Reporting of suspicious transactions * If a financial institution suspects or has reasonable grounds to suspect that funds are the proceeds of a criminal activity, or are related to terrorist financing, it should be required, by law, to report promptly its suspicions to the financial intelligence unit (FIU).

21. Tipping-off and confidentiality Financial institutions, their directors, officers and employees should be: (a) protected by law from criminal and civil liability for breach of any restriction on disclosure of information imposed by contract or by any legislative, regulatory or administrative provision, if they report their suspicions in good faith to the FIU, even if they did not know precisely what the underlying criminal activity was, and regardless of whether illegal activity actually occurred; and (b) prohibited by law from disclosing (“tipping-off”) the fact that a suspicious transaction report (STR) or related information is being filed with the FIU.

Conti… DESIGNATED NON-FINANCIAL BUSINESSES AND PROFESSIONS 22. DNFBPs: The customer due diligence and record-keeping requirements set out in

Recommendations 10, 11, 12, 15, and 17, apply to designated non-financial businesses and professions (DNFBPs) in the following situations:

(a) Casinos – when customers engage in financial transactions equal to or above the applicable designated threshold.

(b) Real estate agents – when they are involved in transactions for their client concerning the buying and selling of real estate.

(c) Dealers in precious metals and dealers in precious stones – when they engage in any cash transaction with a customer equal to or above the applicable designated threshold;

MENA FATF Recommendation

Conti…. (d) Lawyers, notaries, other independent legal professionals and accountants –

when they prepare for or carry out transactions for their client concerning the following activities:

buying and selling of real estate; managing of client money, securities or other assets; management of bank, savings or securities accounts; organisation of contributions for the creation, operation or management of

companies; creation, operation or management of legal persons or arrangements, and buying

and selling of business entities.

(e) Trust and company service providers – when they prepare for or carry out transactions for a client concerning the following activities:

acting as a formation agent of legal persons; acting as (or arranging for another person to act as) a director or secretary of a company, a

partner of a partnership, or a similar position in relation to other legal persons; providing a registered office, business address or accommodation, correspondence or

administrative address for a company, a partnership or any other legal person or arrangement;

acting as (or arranging for another person to act as) a trustee of an express trust or performing the equivalent function for another form of legal arrangement;

acting as (or arranging for another person to act as) a nominee shareholder for another person

23. DNFBPS: OTHER MEASURES

The requirements set out in Recommendations 18 to 21 apply to all designated non-financial

businesses and professions, subject to the following qualifications:

(a) Lawyers, notaries, other independent legal professionals and accountants should be required to report suspicious transactions when, on behalf of or for a client, they engage in a financial transaction in relation to the activities described in paragraph (d) of Recommendation 22. Countries are strongly encouraged to extend the reporting requirement to the rest of the professional activities of accountants, including auditing.

For informationPrevious provision Art 2 of Fed. Law 4 of 20022. For the purpose of this law, Property shall mean those derived from

the following offences: Narcotics and Psychotropic substances. Kidnapping, piracy and terrorism. Offences committed in violation of the environmental laws. Illicit dealing in fire- arms and ammunition. Bribery , embezzlement, and damage to public property. Fraud, breach of trust and related offences. Any other related offences referred to in international conventions to

which the State is a party.