2002年-世界发展银行全球_Bolivia___Report_on_Observance_of_Standards_and_Codes--FATF_Recommendations_for_Anti-Money_Laundering_and_Combating_the_Financing_of_Terrorism_13页_397kb

Bolivia: Summary of Observance of FATF Recommendations

Introduction

This report evaluates Bolivia's compliance with the FATF 40 Recommendations and the 8 Special Recommendations for combating money laundering (ML) and the financing of terrorism (FT). It was prepared by a team of experts, including legal, financial, and operational specialists, using the FATF methodology as of 2002. The assessment was conducted during a visit by the GAFISUD team in October 2002 and later finalized in March 2003 using updated IMF/WB templates. The findings reflect the views of the GAFISUD Plenary and have been reviewed by Bolivian authorities.

Core Content and Main Findings

Observance of FATF Recommendations

• General Observance: Bolivia's system for preventing and suppressing money laundering fulfills most of the FATF 40 recommendations and applies to the financial, insurance, and stock market sectors.
• Gaps Identified: The system does not cover non-prudentially regulated sectors such as currency exchange houses and money transfer agencies, which are vulnerable to money laundering. These areas are considered for inclusion in future legislation.
• Criminal Justice Measures: Money laundering is defined as a criminal offense under Law 1768 (1997), with penalties ranging from 1 to 6 years of imprisonment and a fine of 100 to 500 days.
• Financing of Terrorism: While Bolivia has ratified the UN Convention against the Financing of Terrorism (2001) and is a signatory of the Vienna Convention (1988), it has not specifically criminalized the financing of terrorism in its domestic legislation. This is a key area for improvement.
• FIU Operations: The Bolivian Financial Intelligence Unit (FIU), established in 1999, is a member of the Egmont Group and has access to financial institutions' information without being subject to banking secrecy. However, it lacks on-site supervision capabilities and the capacity to enforce legislative reforms.
• Legal and Regulatory Framework: The FIU is responsible for regulating AML controls, but sectoral superintendencies do not supervise compliance. There is no high-ranking authority promoting an integrated AML policy.

Main Challenges

• Limited Scope: The current legal framework does not cover all predicate offenses, particularly those related to terrorism, fraud, and smuggling.
• Low Detection and Conviction Rates: There are no reports of suspicious transactions from the insurance and stock market sectors, and no convictions for money laundering have been recorded.
• Weak Enforcement: The FIU lacks legal expertise and resources to effectively monitor and enforce AML standards across all sectors.
• Extradition Limitations: Extradition for money laundering is not permitted unless the offense is punishable by at least two years' imprisonment, which is not always the case.

Key Recommendations

Legislative Reforms

• Expand Predicate Offenses: Include financing of terrorism, smuggling, and other serious offenses in the list of predicate offenses for money laundering.
• Amend AML Legislation: Extend the obligation to prevent money laundering to non-prudentially regulated sectors, such as currency exchange houses and money transfer agencies.

Institutional Strengthening

• On-site Supervision: Implement on-site supervision programs to ensure compliance with AML controls by all regulated entities.
• Integrated Policy: Establish a high-ranking authority to oversee an integrated anti-money laundering policy.
• FIU Capacity Building: Provide the FIU with legal specialists and increase its staffing and resources to improve its analytical and operational capabilities.

Operational Measures

• Customer Due Diligence: Enhance customer knowledge by requiring financial institutions to obtain and analyze customer income data to detect unusual transactions.
• Inter-institutional Cooperation: Strengthen cooperation between financial institutions, the FIU, and the judiciary to ensure timely and accurate information exchange.
• Confiscation and Seizure: Ensure that confiscation of proceeds and instruments used in money laundering and terrorism financing is efficient and transparent.

International Cooperation

• Mutual Legal Assistance: Continue to promote international cooperation in investigations and data exchange, in accordance with existing treaties.
• Extradition and Confiscation: Review extradition provisions to ensure they align with the penalties for money laundering and consider sharing of confiscated goods with other countries.

Summary of Actions

FATF Recommendation	Recommended Action
General framework of the Recommendations (FATF 1-3)	Maintain current scheme
Scope of the criminal offense of money laundering (FATF 4-6)	Extend predicate offenses to include terrorism, smuggling, and other serious crimes
Provisional measures and confiscation (FATF 7)	Maintain current scheme
General role of financial system in combating ML (FATF 8-9)	Strengthen AML controls across all relevant sectors
Supervision of financial institutions (FATF 10)	Implement on-site supervision and improve inter-institutional coordination
FIU functions and responsibilities (FATF 11)	Enhance FIU capacity with legal staff and increase resources
Legal provisions on ML and FT (FATF 12)	Amend laws to include financing of terrorism as a predicate offense
Criminal prosecution (FATF 13)	Strengthen the role of the Office of the Attorney General and improve coordination with the FIU
International cooperation (FATF 14)	Promote mutual legal assistance and extradition for ML and FT offenses
Public awareness and reporting (FATF 15)	Encourage reporting of suspicious transactions and improve public awareness
Reporting and record-keeping (FATF 16)	Ensure compliance with reporting and record-keeping requirements across all sectors

Conclusion

Bolivia has made progress in implementing AML and FT measures but still faces significant challenges in comprehensiveness, enforcement, and international cooperation. The FIU plays a central role in the system, but it lacks autonomy, resources, and legal expertise to fully address these gaps. The Bolivian authorities have acknowledged the need for legislative and institutional reforms to enhance the effectiveness of AML and FT frameworks.