Wednesday, August 6, 2008

Canada's 2008-2009 Changes to Reporting Entity Obligations

Changes to Canada's Proceeds of Crime (Money Laundering) and Terrorist Financing Act and Phase 1 changes of the regulations affect reporting entity obligations (including reporting, record keeping, client identification and implementing a compliance regime). These changes were published in June 2007 and came into effect on June 23, 2008. A second phase of changes was published in December 2007 setting out the requirements for new sectors (British Columbia notaries, legal counsel and legal firms, and dealers in precious metals and stones). They will come into effect December 30, 2008. A third phase of changes was published in February 2008 dealing with new requirements for real estate developers effective February 20, 2009 and additional requirements for casinos effective September 28, 2009. A fourth phase of changes was published in June 2008, mostly about administrative monetary penalties, record keeping and client identification exemptions, and record keeping time frames. The changes affecting administrative monetary penalties will be effective December 30, 2008. The rest are effective June 23, 2008. (Details are available on the FINTRAC website.)

FATF Annual Report 2007-2008

This Annual Report provides an overview of the achievements of the Financial Action Task Force (FATF) for 2007-2008. The most important strategic outcome of the year was the approval by FATF Ministers of a revised mandate. The four principal objectives under this revised mandate are: to establish and maintain global standards and measures for countering money laundering and terrorist financing; to foster and assess the implementation of those standards; to identify money laundering and terrorist financing methods and trends; and, to expand co-operation with stakeholders and partners in order to make the system work effectively and globally. The FATF standards have now been endorsed directly by 180 jurisdictions, representing more than 85% of the world. (Read the FATF Annual Report 2007-2008.)

RBA Guidance for Accountants

This Guidance on the risk-based approach to combating money laundering and terrorist financing was developed by the Financial Action Task Force (FATF) in consultation with the accounting profession. It outlines the high-level principles in applying the risk-based approach and indicates good public and private sector practice in the design and implementation of an effective risk-based approach. (Read RBA Guidance for Accountants.)