2011年-IMF国际货币组织全球_United_Kingdom_Anti_24页_612kb

United Kingdom: Anti-Money Laundering/Combating the Financing of Terrorism Technical Note Summary

Core Content

This document provides an overview of the United Kingdom's (UK) anti-money laundering (AML) and combating the financing of terrorism (CFT) framework, based on the June 2007 Mutual Evaluation Report (MER) by the Financial Action Task Force (FATF). It outlines the UK's legal and institutional structure, key strategies, and remedial actions taken to address AML/CFT deficiencies. The report also includes the results of the UK's compliance with the FATF 40 Recommendations and 9 Special Recommendations, with a rating of "compliant" (C) for 24 recommendations, "largely compliant" (LC) for 12, "partially compliant" (PC) for 10, and "noncompliant" (NC) for 3.

Main Findings

I. Introduction

• The document is a Technical Note (TN), not a reassessment by the IMF.
• It summarizes the UK's progress since the June 2007 MER, particularly in addressing the 13 recommendations rated PC or NC.
• The UK updated its AML/CFT legislation in 2007 with the introduction of the Money Laundering Regulations 2007 (MLRs 2007), which implemented parts of the Third EU Money Laundering Directive.

II. Context

A. Money Laundering and Terrorism Finance Situation

• The UK faces a high threat from serious organized crime and related money laundering.
• The estimated annual economic and social cost of serious organized crime is £20 billion.
• Key typologies of concern include cash couriering, financial abuse via non-financial businesses, high-value assets, and the misuse of MSBs.
• The UK has significant experience in combating terrorism, with the main threat being from Islamic extremists.
• Charitable organization abuse and MSB sector misuse are growing concerns.

B. AML/CFT Strategies and Priorities

• The UK's strategy focuses on deterrence, detection, and disruption of ML and TF.
• The Anti Money Laundering Strategy, published in 2004, outlines these objectives.
• Key priorities include:
  • Domestic implementation of the Third EU Money Laundering Directive.
  • Reform of the suspicious activity reporting (SAR) framework.
  • Enhanced regulation for MSBs.
  • Review of charitable organization controls.
  • Implementation of new EU controls on cash couriering.

C. Legal and Institutional AML/CFT Framework

• The UK has a comprehensive legal structure to combat ML and TF.
• The Proceeds of Crime Act 2002 (POCA) significantly improved the UK's ability to confiscate and recover criminal proceeds.
• The UK has an effective terrorist asset-freezing regime, with the Bank of England (BOE) acting as the agent for asset freezing.
• The UK Financial Intelligence Unit (FIU), housed in SOCA, operates with high independence and improved cooperation with the private sector.
• The Financial Services Authority (FSA) is the designated AML/CFT regulator and has extensive powers to monitor and ensure compliance.

Key Findings of MER and Remedial Actions

I. Legal Systems and Related Institutional Measures

• Money laundering offenses are comprehensive and frequently used.
• Terrorism financing (TF) provisions are broad, covering fund collection and provision for terrorist acts.
• The UK has a comprehensive confiscation regime, with POCA playing a key role.
• The UK's asset freezing regime is effective, with severe penalties for noncompliance.
• The FIU is generally effective, with improved relations with the private sector since its transfer to SOCA in 2006.

II. Preventive Measures – Financial Institutions

• The MLRs 2007 improved compliance with Recommendation 5 (CDD), though some gaps remain.
• The UK uses a risk-based approach to regulate financial institutions, including the JMLSG Guidance Notes and FSA Handbook.
• Customer due diligence (CDD) requirements have gaps, such as the lack of legal obligation to identify beneficial owners.
• The UK has taken steps to enhance due diligence and monitor large transactions, particularly those involving certain countries.
• The UK has addressed Recommendation 24 regarding DNFBPs through the adoption of MLRs 2007 and the ARROW program.

III. Preventive Measures – DNFBPs

• All DNFBPs are covered by the MLRs.
• STR obligations are met, but there are gaps in real estate and company service providers.
• The UK has no financial institution secrecy laws that inhibit AML/CFT implementation.
• Record-keeping is considered comprehensive.

IV. Legal Persons and Arrangements

• The UK has a wide range of legal persons and arrangements, including trusts, which are integral to its legal and economic landscape.
• The UK's legal framework includes provisions for compliance with Special Recommendation VII (wire transfers), though derogations for EU transfers remain an issue.

V. International Cooperation

• The UK has comprehensive domestic and international cooperation measures.
• The EU Cash Controls Regulation was applied, but derogations for domestic transfers are not in compliance with the standard.
• The UK has taken steps to address these issues through the Transfer of Funds (Information on the Payer) Regulations 2007.

Conclusion

• The UK has made significant progress in addressing AML/CFT deficiencies since the 2007 MER.
• While some gaps remain, particularly in CDD, DNFBP supervision, and EU derogations, the UK's legal and institutional framework is generally effective.
• The FSA and SOCA play central roles in supervision and enforcement.
• The UK's risk-based approach and compliance improvements have enhanced its AML/CFT regime, though further work is needed to fully align with international standards.