Enablers such as payment service providers and Banking as a Service platforms have lowered technical barriers for entities to launch payment products. Open banking and other initiatives have fostered an ecosystem of financial entities that are willing to instantly share data via API read more
Wednesday, January 20, 2021
How KYC is An Important Component of FinCEN
In 2001, FinCEN implemented KYC, or know your customer regulations, as part of the Patriot Act. These requirements are intended to be counter-terroist efforts as well as a way to prevent other financial crimes such as money laundering and fraud. Learn more about KYC, what it means for businesses and who FinCEN actually are below.
What is FinCEN?
FinCEN, also known as the Financial Crimes Enforcement Network, is a regulatory body which is part of the US Department of the Treasury. Their primary mission is to collect data and analyze it to prevent financial crimes, especially crimes such as money laundering and terrorism funding. The know your customer compliance regulations are a part of this mission.
What are the Main Facets of Know Your Customer Compliance?
If you’re unfamiliar with know your customer compliance, here are a few of the main components:
Customer Identification
This requires financial services to collect enough information to properly identify their new potential customer. This means that individuals will need to provide several different forms of identifying information in order to start an account. Things like photo ID and their social security number are common. Businesses must also provide identifying documents.
Customer Due Diligence
Identifying customers properly is important, but further due diligence is required to determine the trustworthiness or risk of an individual or business. Due diligence involved looking at who and individual or business deals with financially, or who they’ve dealt with previously. For instance, if an individual holds public office, or a business regularly works with less than reputable organizations, they would be considered higher risk.
Ongoing Monitoring
Finally, once identification and due diligence is completed, a financial service must continue to monitor the financial dealings of their customers to ensure no illicit activity is going on. A mixture of risk-assessment software and manual employee investigation will be required to do this effectively.
Know your customer compliance is essential for banks and financial institutions to follow, so it’s important they stay up to date with the latest KYC software and procedures to ensure that they mitigate risk as much as possible.
Read a similar article about best identity verification service here at this page.
Monday, January 4, 2021
AML Requirements – Five Steps to Keeping Up for Law Firms
This blog, first published on the Law Society of England and Wales website, provides five actionable steps to help law firms manage compliance and keep up with ever changing AML requirements. The SRA Standards and Regulations and the 5th AML Directive (5AMLD), which came into effect on 10 January 2020 in the UK, both discourage law firms from ’blanket screening’ their clients and instead advocate a risk-based approach read more
AML Checklist for Banks
Detection, deterrence, and money laundering prevention require the following on every AML checklist for banks:
1. AML requires an anti money laundering compliance officer (OCC) to oversee the entire application process, including the screening and issuance of business licenses.
2. AML requires periodic on-site audits of financial transactions by an AML compliance officer and a KBS officer.
3. AML requires notification by the office of the comptroller of the currency (OCC) to the designated senior management and key personnel of all negative findings in the on-site or off-site examinations.
In short, the primary responsibility of an anti money laundering compliance officer is to monitor compliance with the various provisions of the money laundering risk management act (MLRMA). The OCC and KBS have additional responsibilities, however. The AML officer or KBS and their designated senior management will conduct an on-site examination of financial activities. On the other hand, the OCC and KBS will have responsibility for determining if entities need to further enhance the AML compliance program with specific, applicable regulatory documents, such as the comprehensive loss underwriting exchange (CLUE) and the security rule list (SRL). They will also have responsibility for addressing customer concerns, issues, and suggestions on areas for improvement.
If senior management is unaware of the specific regulatory documents and requirements, they need to ensure that they do not assist in a money laundering or terrorist organization. Anti money laundering compliance officers should be very proactive in their efforts to ensure that senior management and all key personnel are very well informed about their respective firms' specific requirements and regulations. Failure to be well informed could prove costly to the firm. Unless specifically trained to do so by their bank, anti-money laundering officers should never provide any bank documentation to anyone.
Read a similar article about business verification here at this page.
A Guide to PEP and Sanction Checks
If you own or work for a business that must comply with “know your customer” (KYC) and anti-money laundering (AML) regulations, then odds ...
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If you own or work for a business that must comply with “know your customer” (KYC) and anti-money laundering (AML) regulations, then odds ...
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In 2001, FinCEN implemented KYC, or know your customer regulations, as part of the Patriot Act. These requirements are intended to be coun...
-
Detection, deterrence, and money laundering prevention require the following on every AML checklist for banks: 1. AML requires an anti money...