2012年-IMF国际货币组织全球_Maldives_Detailed_Assessment_Report_on_Anti_240页_1mb

Summary of the Maldives AML/CFT Assessment Report

Core Content

This report provides a detailed assessment of the anti-money laundering (AML) and combating the financing of terrorism (CFT) regime in the Maldives, based on the Financial Action Task Force (FATF) 40+9 Recommendations. It was prepared by the IMF Legal Department using the FATF assessment methodology and highlights the legal, institutional, and operational framework in place, as well as the areas requiring improvement.

Main Points and Findings

1. General Overview

• Country Context: The Maldives is a small, developing nation with a financial sector that is vulnerable to money laundering and, to a lesser extent, terrorist financing.
• Risk Factors: Money laundering and terrorist financing are potential risks due to the presence of drug trafficking, corruption, and possible financing of terrorist activities abroad.
• AML/CFT Framework: The framework is relatively new and lacks comprehensive legal backing, enforcement mechanisms, and formal inter-agency cooperation.

Legal and Institutional Measures

2. Criminalization of Money Laundering

• Current Status: Money laundering is only criminalized in relation to proceeds from drug-related offenses under the Drugs Act.
• Shortcomings: The legal definition is limited and does not cover all aspects of money laundering, such as concealment of property or conversion of criminal proceeds.
• Compliance: The Maldives does not fully comply with FATF Recommendations 1 and 2 due to the lack of a comprehensive legal framework.

3. Criminalization of Terrorist Financing

• Current Status: Terrorist financing is not criminalized as a separate offense but is treated as an ancillary offense to terrorism itself.
• Shortcomings: The legal language is broad and undefined, leading to ambiguity in enforcement.
• Compliance: The Maldives does not fully comply with Special Recommendation II.

4. Confiscation and Freezing of Proceeds

• Current Status: Confiscation mechanisms are limited to tangible assets directly linked to predicate offenses, and there is no legal basis for freezing funds in line with UNSCRs.
• Shortcomings: No enforceable AML/CFT obligations are in place, and financial institutions are not required to compare client lists with the Consolidated list.
• Compliance: The Maldives does not fully comply with Recommendation 3 and Special Recommendation III.

5. Financial Intelligence Unit (FIU)

• Establishment: The FIU was established in 2006 under the MMA.
• Functions: It is responsible for receiving and analyzing suspicious transaction reports (STRs), but lacks operational independence and the authority to disseminate financial intelligence.
• Compliance: The FIU does not fully comply with Recommendation 26.

6. Law Enforcement and Prosecution

• Current Status: The legal framework for prosecution and law enforcement is minimal and lacks formal procedures.
• Shortcomings: The criminal process is slow and uncertain, with limited capacity in the Maldives Police Service (MPS), Prosecutor General's Office (PGO), and judiciary.
• Compliance: The Maldives does not fully comply with Recommendations 27 and 28.

7. Cross-Border Co-operation

• Current Status: There are no formal legal mechanisms for cross-border co-operation, though informal arrangements exist.
• Shortcomings: The legal framework for mutual legal assistance and extradition is not in place.
• Compliance: The Maldives does not fully comply with Recommendations 36–38 and Special Recommendation V.

Preventive Measures for Financial Institutions

8. Customer Due Diligence (CDD) and Record Keeping

• Current Status: Banks and securities intermediaries are required to implement CDD and record-keeping under the 2010 Banking Act and CMDA 2010 Regulation.
• Shortcomings: These measures are not comprehensive and lack enforcement mechanisms.
• Compliance: The Maldives does not fully comply with Recommendations 5–8.

9. Third Parties and Introduced Business

• Current Status: There are no specific requirements for third parties or introduced business.
• Shortcomings: The legal framework is inadequate.
• Compliance: The Maldives does not fully comply with Recommendation 9.

10. Financial Institution Secrecy

• Current Status: The legal framework for financial institution secrecy is minimal.
• Shortcomings: No enforceable rules on confidentiality exist.
• Compliance: The Maldives does not fully comply with Recommendation 4.

11. Transaction Monitoring

• Current Status: Banks are required to monitor transactions and relationships.
• Shortcomings: Monitoring is not fully implemented, and there is no formal system.
• Compliance: The Maldives does not fully comply with Recommendations 11 and 21.

12. Suspicious Transaction Reporting

• Current Status: Banks and securities intermediaries are required to report suspicious transactions.
• Shortcomings: The reporting system is not fully developed, and there is no legal requirement for all entities.
• Compliance: The Maldives does not fully comply with Recommendations 13–14, 19, and 25.

13. Internal Controls and Compliance

• Current Status: Internal controls and compliance systems are not fully developed.
• Shortcomings: There is a lack of detailed regulations and enforcement.
• Compliance: The Maldives does not fully comply with Recommendations 15 and 22.

14. Shell Banks

• Current Status: Shell banks are not regulated.
• Shortcomings: There is no legal framework to prevent their use in money laundering.
• Compliance: The Maldives does not fully comply with Recommendation 18.

Preventive Measures for Designated Non-Financial Businesses and Professions (DNFBPs)

15. Customer Due Diligence and Record Keeping

• Current Status: DNFBPs are not subject to AML/CFT obligations.
• Shortcomings: There is no legal requirement for DNFBPs to implement CDD or record-keeping.
• Compliance: The Maldives does not fully comply with Recommendation 12.

16. Suspicious Transaction Reporting

• Current Status: DNFBPs are not required to report suspicious transactions.
• Shortcomings: There is no legal obligation for reporting.
• Compliance: The Maldives does not fully comply with Recommendation 16.

17. Regulation and Monitoring

• Current Status: DNFBPs are not regulated or monitored.
• Shortcomings: There is no comprehensive regulatory framework.
• Compliance: The Maldives does not fully comply with Recommendations 24 and 25.

18. Modern Transaction Techniques

• Current Status: There is no requirement for DNFBPs to use modern, secure transaction techniques.
• Shortcomings: The legal framework is insufficient.
• Compliance: The Maldives does not fully comply with Recommendation 20.

Legal Persons and Non-Profit Organizations

19. Access to Beneficial Ownership Information

• Current Status: There is no legal requirement for transparency in legal persons or access to beneficial ownership information.
• Shortcomings: The system is not transparent, and there is no timely access to beneficial ownership data.
• Compliance: The Maldives does not fully comply with Recommendations 33 and 34.

20. Non-Profit Organizations (NPOs)

• Current Status: NPOs are not subject to AML/CFT obligations.
• Shortcomings: There is no active monitoring system, and the risk of misuse for terrorist financing is not well understood.
• Compliance: The Maldives does not fully comply with Special Recommendation VIII.

National and International Co-operation

21. Domestic Co-operation

• Current Status: A Coordination Committee for Combating Money Laundering and Terrorist Financing was established.
• Shortcomings: It has not produced tangible results, and there is no formal framework for cooperation.
• Compliance: The Maldives does not fully comply with Recommendations 31 and 32.

22. International Co-operation

• Current Status: There is no legislative framework for mutual legal assistance or extradition.
• Shortcomings: The mechanisms are informal and not enforceable.
• Compliance: The Maldives does not fully comply with Recommendations 36–38 and Special Recommendation V.

Recommendations and Actions

23. Legislative and Regulatory Improvements

• A comprehensive AML/CFT law should be enacted to cover all relevant sectors.
• The Penal Code should be revised to include clear definitions and procedures for money laundering and terrorist financing.
• Legal procedures should be established to enable effective enforcement and prosecution.

24. Institutional Strengthening

• The FIU should be granted operational independence and the necessary powers to perform its functions.
• The MMA and CMDA should be empowered to enforce AML/CFT measures.
• A formal system of inter-agency cooperation should be established.

25. Capacity Building

• Training and awareness programs for AML/CFT should be expanded for key agencies and financial institutions.
• A dedicated AML/CFT unit should be established within the legal and financial departments.

Conclusion

The Maldives has made some progress in establishing an AML/CFT framework, but it remains incomplete and lacks the necessary legal, institutional, and operational capacity to effectively combat money laundering and terrorist financing. The country needs to strengthen its legal system, improve institutional frameworks, and enhance domestic and international co-operation to meet FATF standards.