2017年-FCA英国金融行为监管局_annual_anti_money_laundering_report_2016_17_22页_1mb

Anti-Money Laundering (AML) Summary: FCA Annual Report 2016/17

Core Content

The Financial Conduct Authority (FCA) has made AML supervision a key priority, focusing on a risk-based and proportionate approach to ensure the UK financial system remains resilient against financial crime. The FCA oversees over 15,000 regulated firms under the Money Laundering Regulations 2007, which implement the Third EU Money Laundering Directive.

Main Points

• Risk-Based Supervision: The FCA prioritizes firms and activities with the highest money laundering risk. This approach is supported by three pillars:

  • Pillar 1: Proactive supervision of high-risk firms, including the Systematic AML Programme (SAMLP) covering 14 major UK banks and their overseas operations.
  • Pillar 2: Reactive supervision based on emerging risks, using event-driven assessments.
  • Pillar 3: Thematic work addressing sector-wide risks.

• Financial Crime Risk Assurance Programme: A pilot was conducted from November 2016 to May 2017, assessing 100 firms across various sectors. The goal was to test the FCA's risk assessment methodology and improve oversight of all regulated firms, regardless of size.

• Financial Crime Data Return: Introduced in late 2016, this return requires regulated firms to provide data on their AML systems and controls. It helps the FCA better understand financial crime risks and improves the efficiency of supervision.

• Real Time Gross Settlement (RTGS): The FCA is committed to ensuring that non-bank payment service providers (PSPs) applying for RTGS access meet AML standards, to maintain a level playing field in the payment system.

• Enforcement and Remedial Action: The FCA took enforcement action in several cases, including:

  • Deutsche Bank: Fined £163 million for failing to maintain an adequate AML framework.
  • Sonali Bank UK: Fined £3.25 million and restricted from accepting new deposits for 168 days, due to systemic AML weaknesses.

• Collaboration with Partners: The FCA works closely with domestic and international partners, including the HMRC, the National Crime Agency, and the Basel Committee, to enhance AML supervision and policy development.

• Policy Developments: The UK is implementing the EU’s Fourth Anti-Money Laundering Directive, which includes new requirements for handling politically exposed persons (PEPs). The FCA is also preparing to oversee professional bodies such as the Institute of Chartered Accountants in England and Wales.

• Innovation and Technology: The FCA supports the use of new technologies and innovative approaches to streamline AML compliance, including the regulatory sandbox initiative. It also encourages the industry to reduce compliance burdens through new tools and methods.

• De-Risking Concerns: The FCA has addressed concerns that de-risking efforts by banks may inadvertently exclude legitimate customers. It has worked with the Government and international bodies to ensure that correspondent banking relationships can be managed without unnecessary restrictions.

Key Findings

• Positive Trends: Many firms have shown improvement in their AML culture and control frameworks, especially after FCA interventions.
• Persistent Weaknesses: Some firms still struggle with governance, underinvestment in resources, and outdated systems, leading to poor risk assessments and inadequate due diligence.
• Proportionality and Efficiency: The FCA emphasizes proportionate supervision, aiming to minimize costs and unintended consequences for firms while ensuring compliance with AML standards.

Outcomes

• The FCA has taken action in over 90 cases involving financial crime risks, including restrictions on business operations and enforcement of AML rules.
• The introduction of the financial crime data return has enhanced the FCA's ability to analyze trends and improve targeted supervision.
• The FCA has demonstrated a commitment to transparency and clarity in its AML supervision approach, ensuring it is both effective and understandable for the industry.

Looking Ahead

The FCA plans to continue its risk-based supervision model, expand its assessment programs, and support innovation in AML compliance. It also aims to improve collaboration with partners and ensure that all regulated firms, regardless of size, maintain strong AML controls.