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.

FINTRAC 2008 Annual Report

The 2008 Annual Report of the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) highlights that FINTRAC produced 210 case disclosures to law enforcement, Canadian Security Intelligence Service, Canada Revenue Agency, Canada Border Services Agency, Communications Security Establishment Canada and foreign financial intelligence units. One of the 210 cases involved an international criminal gang producing and trafficking methamphetamine. This investigation resulted in charges against 23 individuals. Another case involved a Canadian investigation of mortgage fraud which identified four individuals, one of whom was sentenced to three and half years in prison. (Read the Press Release and the FINTRAC 2008 Annual Report Highlights.)

Risk-Based Approach - Guidance for Legal Professionals

The Financial Action Task Force (FATF) has issued Guidance on the Risk-Based Approach (RBA) to Combating Money Laundering and Terrorist Financing for Legal Professionals. This guidance was developed in close consultation with representatives of the legal and notarial profession. It facilitates a common understanding of what the RBA involves, outlines high-level principles in applying the RBA, and indicates good practice for governments and legal professionals in the design and implementation of an effective RBA.

OSFI issues Draft Guideline B-8 – Deterring and Detecting Money Laundering and Terrorist Financing

The Office of the Superintendent of Financial Institutions Canada (OSFI) has issued Draft Guideline B-8 – Deterring and Detecting Money Laundering and Terrorist Financing. This guideline sets out expectations for federally regulated financial institutions (except for property and casualty insurance companies, cooperative credit associations and fraternal benefit associations) with respect to anti-money laundering and anti-terrorist financing risk management and compliance controls. A Guideline Impact Analysis Statement sets out the background and reasons for revising this Guideline. Institutions are invited to provide comments no later than December 10, 2008 through their industry associations. (The Draft Guideline, Impact Analysis and Accompanying Letter are available at the OSFI website. )