2014年-FCA英国金融行为监管局_anti_money_laundering_annual_report_13_14_20页_448kb

Anti-Money Laundering Annual Report 2013/14 Summary

Core Content

This report outlines the Financial Conduct Authority's (FCA) second Anti-Money Laundering (AML) Annual Report, detailing the changes in responsibilities, policy developments, findings from specialist supervision, and the new AML supervision strategy. It also highlights emerging risks, the role of whistleblowing in detecting AML issues, and the FCA's cooperation with law enforcement and international bodies.

Main Points

1. Changes in Responsibilities

• On 1 April 2014, the FCA took over the regulation of the consumer credit industry, which includes over 50,000 firms.
• The FCA is responsible for AML supervision of consumer credit lending under the Money Laundering Regulations.
• While a minority of firms provide loans, the majority must have systems and controls to counter financial crime risks.
• The FCA is assessing weaknesses in consumer credit firms' AML systems and planning a thematic review to better understand key risks.

2. Policy Developments

• The FCA updated its Financial Crime Guide with examples of good and poor practice from its 2013 thematic review of trade finance.
• The guide emphasizes a risk-based and proportionate approach, and is not binding.
• The FCA is involved in shaping the Fourth EU Anti-Money Laundering Directive and the Second Regulation on Information Accompanying Transfers of Funds.
• These EU proposals aim to standardize AML practices across the EU and improve the transparency of financial transactions.
• The FCA is also engaged in discussions around EU data protection reforms to ensure they do not negatively impact AML efforts.

3. Findings from Specialist Supervision Work

• The FCA's financial crime specialists have identified significant weaknesses in AML systems and controls, especially in managing high-risk customers.
• Common issues include:
  • Inadequate governance and oversight
  • Poor risk assessment processes
  • Ineffective management of Politically Exposed Persons (PEPs)
  • Weak due diligence on correspondent banks
  • Inadequate or poorly calibrated IT systems for AML/sanctions
  • Poor handling of alerts and suspicious activity
  • Questionable decisions leading to unacceptable AML risk
• Some large banks have improved their AML frameworks, while smaller banks still face significant challenges.
• The FCA has referred two banks to Enforcement for AML weaknesses and has taken early intervention steps with six banks to prevent them from entering high-risk relationships.

4. New AML Supervision Strategy

• The FCA has introduced a new strategy to allocate specialist AML resources more effectively.
• All regulated firms under the Money Laundering Regulations 2007 are classified into four risk bands based on factors like business type and jurisdiction.
• Firms covered by the Systematic AML Programme (SAMLP) receive the most intensive supervision.
• The strategy includes regular inspection cycles for lower-risk firms and a focus on thematic reviews and event-driven supervision for the lowest risk categories.

5. Emerging Risks and Trends

• Mobile Banking: Although less popular in the UK compared to other regions, mobile banking is developing rapidly, requiring firms to continuously monitor AML risks.
• Virtual Currencies: Not yet regulated in the UK or EU, these currencies pose potential AML/CTF risks due to their anonymity and use in criminal activities.
• Derisking: Some banks are exiting relationships with high-risk customers due to compliance costs and risk appetite. The FCA emphasizes that such decisions should not impede legitimate financial access.

6. Whistleblowing and AML

• The FCA is a prescribed body under the Public Interest Disclosure Act 1998, allowing whistleblowers to report to the FCA without fear of retaliation.
• In 2013/14, the FCA opened 1,035 new whistleblowing cases, with a growing number of reports related to money laundering.
• The FCA has expanded its whistleblowing unit and improved processes for handling disclosures, including face-to-face debriefs and feedback.
• A report on whistleblowing is planned for later in the year, including analysis of financial crime types in these cases.

7. Cooperation with Others

• Law Enforcement: The FCA works closely with the National Crime Agency (NCA), particularly its Economic Crime Command (ECC), on both strategic and tactical levels.
• National Risk Assessment (NRA): The UK is working on a National Risk Assessment as part of its compliance with FATF recommendations. This will inform future AML policy and ensure the effectiveness of the risk-based approach.
• International Cooperation: The FCA supports the UK delegation at the Financial Action Task Force (FATF) and is involved in updating AML guidance. It is also a member of the Basel Committee's AML Expert Group (AMLEG).

Key Information

• The FCA has taken a proactive stance in AML supervision, particularly in the wake of the 2013/14 changes in responsibilities and policy developments.
• AML weaknesses are widespread, especially in high-risk business areas, and the FCA continues to enforce and improve controls.
• The FCA is adapting its strategy to target higher-risk firms more effectively, while maintaining a risk-based approach.
• Whistleblowing is a valuable tool for identifying AML issues, and the FCA is enhancing its processes to better support whistleblowers.
• International cooperation with the NCA, FATF, and the Basel Committee is crucial for addressing AML risks and aligning with global standards.

Conclusion

• The FCA has made significant progress in advancing its AML agenda since its creation in 2013.
• It continues to work with government, law enforcement, and the financial sector to enhance the integrity of the UK financial system.
• The focus remains on improving AML controls, addressing emerging risks, and ensuring effective cooperation across borders.