Audits of major national security programs raise concerns for privacy

OTTAWA, November 17, 2009 — The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) has more personal information in its database than it needs, uses or has the legislative authority to receive.

This was one of the key findings of the Privacy Commissioner of Canada’s in-depth audit of the independent agency mandated to analyze financial transactions and identify suspected money laundering and terrorist financing in Canada.

Money Laundering and Terrorist Financing in the Securities Sector

The securities sector is one of the core industries through which persons and entities can access the financial system, providing opportunities for criminals to misuse the financial system.
This FATF study describes (i) how criminals might be able to use securities firms to launder money and finance terrorism and (ii) how illicit funds can be generated through fraudulent activities.

Risk-based Approach: Guidance for the Life Insurance Sector

The FATF has agreed to the guidance paper for the life insurance sector on applying a risk-based approach to combating money laundering and terrorist financing.
The risk-based approach guidance is the result of a joint FATF-private sector project to develop a series of sector-specific guidance papers.

FINTRAC issues administrative monetary penalties against two entities

The Financial Transactions and Reports Analysis Centre of Canada has assessed administrative monetary penalties against two entities. The penalties were imposed for violations of the Proceeds of Crime Money Laundering and Terrorist Financing Act (PCMLTFA).

FINTRAC has had the authority to issue administrative monetary penalties in response to non-compliance with the PCMLTFA and related regulations since December 30, 2008. Penalties are used as a last recourse after other measures to ensure compliance with the law have been exhausted. This is the first time that FINTRAC has used this authority to assess such penalties.

FinCEN Seeks Comments on AML Plan for Non-Bank Mortgage Lenders and Originators

On July 15, 2009 the U.S. Financial Crimes Enforcement Network (FinCEN) issued an advance notice of proposed rulemaking (ANPRM) to solicit public comment on a wide range of questions pertaining to the possible application of anti-money laundering (AML) program and suspicious activity report (SAR) regulations to non-bank residential mortgage lenders and originators.
In FinCEN’s recently issued mortgage fraud reports, SAR analysis showed non-bank mortgage lenders and originators initiated many of the mortgages that were associated with SAR filings.
Written comments on the ANPRM must be received on or before August 20, 2009.

Change to FINTRAC’s Electronic Funds Transfer Requirements

A change to the requirements relating to electronic funds transfers (ETFs) came into effect on June 23, 2009. These requirements apply to financial entities, money services businesses and casinos.
Outgoing EFTs sent within Canada, including SWIFT MT 103 messages, must include originator information. This means the name, address, account number and reference number (if applicable). In the case of the incoming EFTs, reasonable measures are required to ensure that the EFT includes the originator information. Previously, this requirement was conditional on the EFT network having the capability to include originator information. Effective June 23, 2009, this condition no longer applies.
For more information, see Guideline 6 for financial entities, money services businesses, or casinos.

Freezing of Terrorist Assets: FATF Releases New Best Practices

The Financial Action Task Force has issued best practices to assist countries with their implementation of measures to freeze terrorist-related funds or other assets without delay pursuant to relevant United Nations Security Council Resolutions and in accordance with the FATF Standards. These best practices will help countries to develop and implement targeted financial sanctions to prevent and suppress terrorist financing. This document replaces the International Best Practice – Freezing of terrorist assets issued in 2003.

About FINTRAC publications

The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) has prepared a number of industry-specific information sheets that are designed to provide reporting entities with relevant information needed to file a report. This includes information on record keeping, requirements of identification, measures that must be taken to determine whether an individual is acting on behalf of a third party, and what must be included in a compliance regime. (Download and review all of FINTRAC's publications.)

About mortgage loan fraud

According to the US Financial Crimes Enforcement Network (FinCEN), Remarks of Director Freis before the Mortgage Bankers Association of America, mortgage fraud is "an insidious crime that has robbed many homeowners of not just the roof over their head, but often of their savings and their security. What draws many of you here today is to guard against instances when mortgage fraud is perpetrated for profit; such criminal profit is meant to be at the expense of you and the institutions you represent. Mortgage fraud is also tied to other serious crimes: identity theft, money laundering and others. But together we must fight this crime by using all the tools at our disposal and by coordinating our activities with law enforcement." (Read the report on Mortgage Loan Fraud Connections with Other Financial Crime.)

FinCEN Releases 15th Issue of The SAR Activity Review – Trends, Tips & Issues

The United States Financial Crimes Enforcement Network (FinCEN) has published Issue 15 of The SAR Activity Review – Trends, Tips & Issues (May 2009). The SAR Activity Review Index is now available on the FinCEN website. Topics are indexed alphabetically by subject matter. The Archive of Law Enforcement Cases published in The SAR Activity Review can also be accessed through the website.

FINTRAC presentation on April 20, 2009

On April 20, 2009, Jeanne M. Flemming, Director of Canada's Financial Transactions and Reports Analysis Centre (FINTRAC) gave a presentation at the third annual managing internal and regulatory investigations conference held at the Osgoode Hall Law School in Toronto. She stated that money laundering has consequences for Canadian society because it allows criminal activity to expand and continue. As the criminals gain resources and power, the institutions of Canadian society - those that preserve law, order and good government - can suffer. We all have a stake in upholding the system's integrity and ensuring that dirty money stays out. (Read the Notes for the Presentation.)

FATF Report on Vulnerabilities of Casinos and Gaming Sector

The vulnerability of casinos was recognised in the revision of the FATF 40 Recommendations, with obligations on casinos being significantly enhanced. A recent report issued by the Financial Action Task Force (FATF) identifies current regional or global money laundering and terrorist financing threats on casinos and gaming. (Read the Vulnerabilities of Casinos and Gaming Sector Report.)

FinCEN Transfers All MSB Information to FinCEN.gov

The United States Financial Crimes Enforcement Network (FinCEN) has transferred all resources for money services businesses (MSBs) to the "financial institutions" section of its website. MSBs now will find all Bank Secrecy Act (BSA) information related to their industry in one place on www.fincen.gov. This change consolidates information for all industries subject to BSA reporting and recordkeeping requirements to a single website, and furthers FinCEN’s efforts to carry out its administration of the BSA in the most efficient and effective manner possible.

FINTRAC develops e-learning module on terrorist financing

The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) has developed an e-learning module that focuses on terrorist financing. By using this new product, reporting entities with obligations under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act may be able to enhance their internal money laundering and terrorist financing risk assessment processes and facilitate employee training, both of which are essential elements of a compliance regime. (Access the Terrorist Financing E-learning Module.)

Key outcomes of the FATF XX Plenary

The Financial Action Task Force (FATF) has published the key outcomes of the FATF XX Plenary which took place in Paris from February 23-27, 2009. To protect the international financial system from abuse, the FATF has agreed to:

• Issue a Statement calling on its members and urging all jurisdictions to apply effective counter-measures to protect their financial sectors from the money laundering and terrorist financing risks emanating from Iran. The FATF also updated its previous Statement on the money laundering and terrorist financing risks emanating from Uzbekistan, Turkmenistan, Pakistan and São Tomé and Príncipe.
• Adopt an in-depth evaluation of the anti-money laundering and counter terrorist-financing system in South Africa.
• Publish a detailed study on the money laundering and terrorist financing vulnerabilities in the casinos and gaming sector.
• Analyse the impact of the global financial and economic crisis on efforts to combat money laundering and terrorist financing.

(Read the Chairman's Summary, Paris Plenary, 25-27 February 2009.)

AUSTRAC and FINTRAC sign agreement to share compliance information

The Australian Transaction Reports and Analysis Centre (AUSTRAC) and the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) have signed a memorandum of understanding (MOU) to share compliance information regarding the legislative obligations that exist for numerous individuals and entities in both countries. The agreement was signed during meetings of the Egmont Group of Financial Intelligence Units, held in Guatemala City, Guatemala. (Read the FINTRAC Media Release.)

FAFT - Mutual Evaluation of Mexico

The Financial Action Task Force (FATF), the Financial Action Task Force on Money Laundering in South America and the International Monetary Fund have jointly conducted an assessment of the implementation of anti-money laundering and counter-terrorist financing standards in Mexico. Mexico is the twenty-third jurisdiction to be examined in the FATF’s third round of mutual evaluations of its members. The report on the Mutual Evaluation of Mexico is available on the FATF website.

Canada - Penalties for Non-Compliance with PCMLTFA

Non-compliance with Part 1 of Canada's Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) may result in criminal or administrative penalties. When there is extensive non-compliance or little expectation of future compliance, the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) may disclose the non-compliance to law enforcement. As of December 30, 2008, FINTRAC also has legislative authority to issue administrative monetary penalties (AMP) to reporting entities that are in non-compliance. A list of violations is available on the Justice Canada Website. For more information on administrative monetary penalties, consult FINTRAC's Frequently Asked Questions.