An anti-money laundering specialist is employed by a large multi-national bank. The bank is planning to open an international department that will be responsible for expanding services to various countries. The head of the new international department has asked the specialist to assess risks associated with the bank's expansion plans. Which of the following materials should be included as a reference? 1. USA PATRIOT Act 2. Financial Action Task Force 40 Recommendations 3. Customer Due Diligence for Banks issued by the Basel Committee on Banking Supervision 4. The Egmont Group Statement of Purpose
Correct Answer: D
The Financial Action Task Force (FATF) 40 Recommendations are the international standards for combating money laundering and terrorist financing, and they apply to all countries and financial institutions. The Customer Due Diligence for Banks issued by the Basel Committee on Banking Supervision provides guidance on how banks should conduct CDD and KYC procedures, and how they should manage the risks of correspondent banking and wire transfers. The Egmont Group Statement of Purpose outlines the objectives and functions of the Egmont Group, which is an international network of financial intelligence units (FIUs) that exchange information and cooperate in the fight against money laundering and terrorist financing. These three materials are relevant and useful for the bank's expansion plans, as they cover the main aspects of AML/CFT compliance in different jurisdictions and sectors. The USA PATRIOT Act is a US-specific legislation that enhances the powers and obligations of US authorities and financial institutions in relation to AML/CFT, but it may not be applicable or appropriate for other countries where the bank intends to operate. Therefore, it is not a necessary reference material for the bank's international department. References: * FATF 40 Recommendations * Customer Due Diligence for Banks * Egmont Group Statement of Purpose
Question 362
Which function provided by lawyers can be useful to a potential money launderer as documented by FATF in its typology report 2000-2001? Choose 3 answers
Correct Answer: A,B,C
According to the FATF typology report 2000-20011, lawyers can provide a range of functions that can be useful to a potential money launderer, such as: Creating complex legal arrangements, such as trusts, foundations, or corporations, that can obscure the identity and ownership of the beneficial owners or the origin and destination of the funds. Buying and selling property, such as real estate, art, or jewelry, that can be used to transfer or store illicit proceeds or to provide a legitimate cover for the source of funds. Performing financial transactions on behalf of a client, such as opening bank accounts, transferring funds, issuing checks, or exchanging currencies, that can facilitate the movement or concealment of illicit funds. Providing legal advice, on the other hand, is not a function that can be directly exploited by a money launderer, unless the advice is related to the above functions or to the avoidance or evasion of anti-money laundering laws and regulations. References: 1: FATF Terrorist Financing Typologies Report - Financial Action Task Force2
Question 363
Which are characteristics of Mutual Legal Assistance Treaties (MLATs)? (Select Three.)
Correct Answer: D,E,F
Mutual Legal Assistance Treaties (MLATs) are characteristics of D. only involving two countries, E. cooperatively combating crime between countries, and F. being useful for gathering evidence and intelligence in a foreign country. MLATs are public and binding under international law (A), can be used for obtaining banking records from treaty partners (B), and provide a legal basis for transmitting evidence .
Question 364
Which situation is the highest risk for money laundering and terrorist financing activity?
Correct Answer: C
Question 365
Which of the following best describes the Basel Committee on Banking Supervision's principles on customer due diligence?