2012年-IMF国际货币组织全球_Maldives_Report_on_Observance_of_Standards_and_Codes_FATF_Recommendations_for_Anti_16页_392kb

Maldives: AML/CFT Observance Report Summary

Core Content

This report summarizes the Maldives' compliance with the FATF 40+9 Recommendations for Anti-Money Laundering (AML) and Combating the Financing of Terrorism (CFT). It was prepared by the IMF Legal Department and approved by Sean Hagan in July 2011. The assessment was conducted using the 2004 methodology and based on information available during the mission from October 17–28, 2010.

The report outlines the current state of the Maldives' AML/CFT framework, highlighting its weaknesses and recommending improvements. It emphasizes the need for stronger legal and institutional measures to address money laundering and terrorist financing risks.

Main Findings

• Financial Sector Vulnerability: The Maldives has a small, underdeveloped financial sector that is susceptible to both money laundering and, to a lesser extent, terrorist financing.
• Crime Economy: Anecdotal evidence suggests that illegal drug trafficking and corruption generate significant illicit funds.
• AML/CFT Framework: The framework is very recent and lacks comprehensive legal backing. Most measures are in the form of guidance rather than enforceable requirements.
• FIU Functionality: The Financial Intelligence Unit (FIU) was established in 2006 but lacks operational independence and full legal authority. It has limited access to information and is not mandated to receive STRs from non-bank entities.
• Legal Deficiencies: The criminalization of money laundering is limited to drug-related offenses, and terrorist financing is not treated as a separate offense. Confiscation and freezing mechanisms are also insufficient.
• Supervision Gaps: There is no formal monitoring or supervision of AML/CFT compliance by FIs and DNFBPs, and the legal system is not equipped to handle these issues effectively.
• DNFBPs and NPOs: Designated non-financial businesses and professions (DNFBPs) are not subject to AML/CFT obligations. Non-profit organizations (NPOs) are also not sufficiently regulated, raising concerns about their potential misuse for terrorist financing.

Key Recommendations

1. Legal System and Institutional Measures

• Criminalization of Money Laundering (ML): Expand the predicate offenses to include all serious crimes, not just those under the Drugs Act. Ensure ML can be prosecuted even without a conviction for the predicate offense.
• Criminalization of Terrorist Financing (TF): Criminalize TF as an autonomous offense, aligning with SR.II. Include all acts related to financing terrorism, including those targeting international organizations, and define "finance and property" in line with the ICSFT.
• Confiscation and Freezing: Enable confiscation of all types of assets, including intangible ones, and allow for freezing and seizing of property without prior notice. Ensure protection of the rights of bona fide third parties.

2. Financial Intelligence Unit (FIU)

• Operational Independence: Establish the FIU on a sound legal basis and grant it access to relevant financial, administrative, and law enforcement information.
• Functions and Authority: Empower the FIU to receive, analyze, and disseminate STRs from all reporting entities. Require the FIU to provide guidance on reporting procedures and release periodic public reports.

3. Law Enforcement and Prosecution

• Investigation and Prosecution: Ensure that ML and TF offenses are investigated and prosecuted effectively.
• Legal Authority: Provide a legislative basis for the MPS to delay or waive arrests and seizures, and enable the production of documents and records related to associates.

4. Financial Institutions (FIs)

• Comprehensive Coverage: Extend AML/CFT obligations to all FIs, including insurance companies, money remitters, and foreign exchange businesses.
• Customer Due Diligence (CDD): Implement mandatory CDD measures, including identification of beneficial owners, verification of customer identity, and enhanced due diligence for high-risk customers.
• Record Keeping and Internal Controls: Specify record-keeping requirements and develop internal control regulations.
• Correspondent Banking and Technology: Implement comprehensive measures for cross-border correspondent banking and non-face-to-face transactions.

5. Designated Non-Financial Businesses and Professions (DNFBPs)

• AML/CFT Obligations: Enact laws requiring DNFBPs to comply with AML/CFT measures, including reporting suspicious transactions.

6. Non-Profit Organizations (NPOs)

• Transparency and Supervision: Improve transparency and establish a coordinated national strategy to prevent abuse of NPOs for TF.

Summary Table of Observance and Key Recommendations

Conclusion

The Maldives has made some progress in establishing an AML/CFT framework, but the system remains weak and fragmented. There is a need for comprehensive legislation, improved institutional coordination, and enhanced capacity in law enforcement and financial supervision to effectively combat money laundering and terrorist financing.