Quarterly TAFA report issued for July-September 2015

Her Majesty's Treasury issues a quarterly report of activity for the most recent quarter, focusing on the Terrorist Asset-Freezing etc. Act 2010 (TAFA). It's got a list of Final Designations (23 persons, including 1 restricted one and 7 entities), the legal proceedings for the quarter and even an accounting of the amount of funds frozen (39,000 GBP for TAFA, 100,000 GBP across all programs – this appears to be just for the most recent period).

Fun bedtime reading – and it's only 5 pages long….

Link:

Quarterly Report for the Terrorist Asset-Freezing etc. Act 2010

 

October 30, 2015: OSFI reminds you to finish your monthly paperwork

Posted on OSFI's website:

Monthly reporting to OSFI on List of Names subject to the Regulations Establishing a List of Entities made under subsection 83.05(1) of the Criminal Code and/or the Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism (RIUNRST) and/or United Nations Al-Qaida and Taliban Regulations(UNAQTR)

Monthly reporting pursuant to the Regulations Implementing the United Nations Resolution on Iran (RIUNRI) and the Regulations Implementing the United Nations Resolution on the Democratic People’s Republic of Korea (RIUNRDPRK)

October 1, 2015: HMT wants to see your assets!

First time I've seen this from HM Treasury (in an email, anyway) – they're requesting everyone who has frozen assets to fill out a spreadsheet listing all those assets and send them to HM Treasury (financialsanctions@hmtreasury.gsi.gov.uk). It's got separate tabs for frozen accounts and safety deposit boxes. The Notice says this is an annual exercise – they're much more sporting about this, actually sending out a notice requesting the information. OFAC, after all, demands that firms know their obligations to report – that's why there is the RPPR (Reporting, Procedures and Penalties Regulations), after all (and why, on occasion, firms get fined for violating them).

Links:

HMT Notice

Assets Reporting Template

 

Notice to Exporters 2015/22: ECO publishes licensing statistics

Beyond the raw statistics, ECO's release states:

    • For the first time, these statistics have been produced to be compliant with the UK Statistics Authority’s code of practice for official statistics.
    • In addition to the usual country pivot report (for which a report is available for each year and quarter back to 2008Q1 on gov.uk), the 2015Q1 statistics are also accompanied by a range of new data tables and a statistical commentary (which aims to provide a brief overview of recent trends in the data presented in the data tables).

Links:

Notice to Exporters 2015/22

Q1 Strategic Export Control Statistics

 

 

July, 2015 AUSTRAC news

AUSTRAC publishes an e-newsletter called AUSTRAC e-news (luckily they provide an HTML link). The July issue has some interesting tidbits in it:

  • Australia has signed a Memorandum of Understanding (MOU) with Russia for information exchange relating to financial crime
  • AUSTRAC has published a report on Politically Exposed Persons (PEPs), corruption and foreign bribery
  • The newsletter summarizes a case study where Malaysian nationals were used to commit credit card fraud. The case study, in its full form, appears in AUSTRAC's 2014 typologies and case studies report

If the content warrants it, Mr. Watchlist will publish separate posts on the latter 2 items.

Links:

AUSTRAC e-news July 2015 edition

Politically exposed persons, corruption and foreign bribery strategic analysis brief – chapter list, full brief

AUSTRAC Typologies and case studies report 2014

 

June 12, 2015: Risk Assessment Alphabet Soup from FinCEN

Treasury Department Publishes National Money Laundering Risk Assessment and National Terrorist Financing Risk Assessment


6/12/2015

Reports Identify Key Illicit Finance Concerns to the United States; Enable the Public and Private Sectors to More Effectively Manage and Combat Illicit Finance Risks
WASHINGTON – The U.S. Department of the Treasury today issued the National Money Laundering Risk Assessment (NMLRA) and the National Terrorist Financing Risk Assessment (NTFRA). The purpose of these assessments is to help the public and private sectors understand the money laundering and terrorist financing methods used in the United States, the risks that these activities pose to the U.S. financial system and national security, and the status of current efforts to combat these methods. In doing so, these assessments enable the U.S. Government and financial institutions to more effectively detect and combat illicit finance.
This is the first NTFRA, and the NMLRA builds and expands on a previous Treasury money laundering report issued in 2005. The methodology for today’s reports is based on guidance set out in 2013 by the Financial Action Task Force (FATF), the international standard-setting body for anti-money laundering and counter-terrorist financing safeguards, of which the United States is a founding member. The FATF requires all national governments to demonstrate their understanding of the money laundering and terrorist financing risks facing their financial systems. The assessments issued today will help to inform the FATF’s ongoing review of the United States regarding our compliance with the FATF Recommendations – which are global standards focused on these issues.
The United States is the world’s largest financial system and U.S. financial institutions play a central role in the global economy, processing trillions of dollars of transactions from around the world every day. While this position exposes the United States to increased risks for illicit finance, the U.S. Government has developed a robust regulatory framework, complemented by law enforcement and supervision efforts, which make it more difficult and costly for criminals and terrorists to access and use the U.S. financial system.
“Today’s assessments underscore our dedication to better understand and address the risk of illicit finance,” said Adam J. Szubin, Acting Under Secretary for Terrorism and Financial Intelligence. “This comprehensive review will better inform the U.S. Government and our private sector partners about how to further safeguard and strengthen the U.S. economy and national security.”
The NMLRA finds that the United States has effectively kept pace with innovation, such that, criminals pursuing money laundering opportunities rely on costly and burdensome methods to mask their identities from financial institutions in order to open and maintain accounts. These include, but are not limited to, using cash, other monetary instruments, shell companies, and conducting transactions below customer identification thresholds. The report also finds that the U.S. framework for anti-money laundering and counter terrorist financing effectively narrows many of the most significant vulnerabilities that money launderers seek to exploit through a core set of tools, including targeted financial sanctions, law enforcement investigations and prosecutions and regulatory preventive measures, and by working to enhance international standards.
The NTFRA finds that the U.S. Government has made it substantially more difficult for terrorist organizations to raise and move money through the U.S. financial system since the September 11, 2001 attacks. A notable trend highlighted in the report is a decrease in the use of the U.S banking system for terrorist financing-related transactions, as terrorists are forced into more expensive and less efficient methods to facilitate terrorist financing, such as cash smuggling. Such channels outside of the regulated financial system are riskier than straightforward bank transfers, making them more vulnerable to disruption and exposure. Nonetheless, the wealth and resources of the United States will continue to make it an attractive target for a wide range of terrorist organizations seeking to fund their activities, and the risk of terrorist financing through the U.S. financial system persists.
The review for these assessments was led by the Treasury Department’s Office of Terrorist Financing and Financial Crimes, and developed in close coordination with offices and bureaus in the Treasury Department, the Department of Justice, the Department of Homeland Security, the Department of State, and across the intelligence community and staffs of the Federal functional regulators.

Links:

FinCEN Notice

2015 National Money Laundering Risk Assessment (NMLRA)

2015 National Terrorist Financing Risk Assessment (NTFRA)

 

July 16, 2015: HMT response to 4th Independent Reviewer Report

So, Mr. Watchlist is going to save you the effort of downloading the 11-page response to the Independent Reviewer Report, which reviews the implementation of the Terrorist Asset-Freezing etc. Act of 2010 (TAFA). There's only one page of real content – and here it is:

Procedure for challenge at review group meetings

page9image3368

Recommendation 13

The Chair of AFRG meetings at which new potential designations are discussed should
consider adopting a “devil’s advocate” approach, whereby one member of the AFRG is asked
to put the case against designation, thus assisting the group in identifying any possible
weaknesses in the case put forward. Sufficient material should be provided (including,
where appropriate, primary intelligence underlying agency assessments) for this exercise to
be performed in a meaningful way.

page9image8032

1.1 The Government recognises the importance of review group meetings being as rigorous as
possible, in order to ensure that designations under the Terrorist Asset Freezing etc. Act 2010
are fair, proportionate and legally robust. Operational partners are already challenged to
demonstrate how a particular case meets the statutory test for designation both in the
information provided before the meeting and at the meeting itself. However the Government
agrees that nominating one member of the review group as the ‘challenge champion’, to put
the case against designation, could further increase the level of challenge that takes place during
the review group meeting and make those meetings even more rigorous.

1.2 The Government agrees that it is beneficial for sufficient material to be provided in order for
this function to be carried out. However the Government does not accept that receiving the
underlying intelligence underpinning agency assessments would assist this function in most
cases. Operational partners are best placed to make assessments of underlying intelligence and
explain those assessments to the Treasury. Officials and operational partners will continue to
work closely together to ensure that assessments allow for rigorous consideration of both new
potential designations and reviews.

Link:

Response to Fourth Report