Question
a) FATF Recommendation 1 states that:
‘….. countries should apply a risk-based approach (RBA) to ensure that measures to prevent or mitigate money laundering and terrorist financing are commensurate with the risks identified’.
This effectively means that financial institutions are required to identify, assess and take effective actions to mitigate their money laundering and terrorist financing risks.
Within your jurisdiction of choice, explain the approach a firm should take to assess and combat their money laundering (ML) and financing of terrorism (CFT) risk. Explain the core obligations of the Risk-Based Approach (RBA) to Anti-Money Laundering (AML) and Countering Financial Terrorism (CFT) and how a firm maintains both a compliant approach to persistent risk and an effective risk methodology.
When the approach to implementing controls intended which should be in place to combat risk is not as robust as it should be, what are the potential outcomes for a firm? Use examples to explain your answer.
b) In a sector and jurisdiction of your choice, analyse the role of the Compliance (AML) Function within a firm in terms of protecting the firm from money laundering risk. Evaluate what measures can be taken to improve and develop the AML Compliance Culture within a firm.
c) ‘Authorised and registered firms should have heads of compliance and money laundering reporting officers (MLROs) who are suitably competent and capable of effectively performing the roles. Firms should carefully consider how individuals can demonstrate this ahead of seeking regulatory approval.’ FCA 28th January 2022
i) In light of the above statement, which is similar to rules in most jurisdictions, explain the importance of appointing an ‘effective’ MLRO and explain what makes an MLRO ‘effective’.
ii) Explain the significance of the ability of having an MLRO who is well trained and in addition is able to deliver an appropriate training programme for the AML/Compliance staff within a firm.
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